WEST VIRGINIA LEGISLATURE
SENATE
JOURNAL
EIGHTY-THIRD LEGISLATURE
REGULAR
SESSION, 2017
____________
Charleston, West Virginia, Wednesday, March 15, 2017
The Senate met at
(Senator Carmichael, Mr. President, in the
Chair.)
Prayer was offered by
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable
Pending the reading of the Journal of Tuesday, March 14, 2017,
At the request of Senator
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the
A message from The Clerk of the House of
Delegates announced the passage by that body and requested the concurrence of
the Senate in the passage of
Eng.
Com. Sub. for House Bill 2007?A Bill to amend and reenact ?17-1-3 of the
Code of West Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated ?17-16A-6a, all relating to eliminating the
courtesy patrol program and the Courtesy Patrol Fund administered by the
Division of Highways; limiting the use of expenditures from the Courtesy Patrol
Fund; and prohibiting the Parkways Authority from operating a courtesy patrol
program.
Referred to the Committee on Finance
A message from The Clerk of the House of
Delegates announced the passage by that body and requested the concurrence of
the Senate in the passage of
Eng.
House Bill 2119?A Bill to repeal ?33-16G-1, ?33-16G-2, ?33-16G-3,
?33-16G-4, ?33-16G-5, ?33-16G-6, ?33‑16G-7, ?33-16G-8, and ?33-16G-9 of
the Code of West Virginia, 1931, as amended; all relating to repealing the West
Virginia Health Benefit Exchange Act.
Referred to the Committee on
A message from The Clerk of the House of
Delegates announced the passage by that body and requested the concurrence of
the Senate in the passage of
Eng.
House Bill 2518?A Bill to amend and reenact ?30-5-7 of the Code of
West Virginia, 1931, as amended; relating to authorizing the Board of Pharmacy
to create a legislative rule to permit a pharmacist or pharmacy intern to
administer certain immunizations.
Referred to the Committee on
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 5?Requesting the Division of Highways to
name Bridge Number :46-9-0.03 (46A094) (39.33990,
-80.01680),
locally known as New Bridge Street Bridge,
carrying County Route 9 over Three Fork Creek and CSX Railroad
in Grafton, Taylor County, the ?U. S. Navy Rear Admiral Frederick Burdett Warder
Memorial Bridge?.
Referred to the Committee on Transportation
and Infrastructure.
A message from The Clerk of the House of
Delegates announced the adoption by that body and requested the concurrence of
the Senate in the adoption of
House
Concurrent Resolution 6?Requesting
the Division of Highways to
name a portion of County Route 3/5, known as Wills Creek Road, in Kanawha
County, beginning at latitude 38.472118, longitude -81.399248 and ending at
latitude 38.501480, longitude -81.413276, the ?U.S. Army
SPC 4 Thurman ??Duwayne?? Young Memorial Road?.
Referred to the Committee on Transportation
and Infrastructure.
A message from The Clerk of the House of
Delegates announced the adoption by that body and requested the concurrence of
the Senate in the adoption of
House
Concurrent Resolution 13?Requesting Division of Highways to name
bridge number 44-36-4.34 (44A078) (38.59133, -81.17825),
locally known as the Newton Bridge, carrying WV 36 over Middle Fork of Big Sandy Creek in Newton in Roane
County, West Virginia, the ?U.S. Army SSG Brian Curtis Rogers
Memorial Bridge?.
Referred to the Committee on Transportation
and Infrastructure.
A message from The Clerk of the House of
Delegates announced the adoption by that body and requested the concurrence of
the Senate in the adoption of
House
Concurrent Resolution 36?Requesting the Division of
Highways name bridge number 06-35-3.83 (06A086) (38.36457, -
82.37397), locally known as the ?Green Valley Bridge,? which, along County
Route 35 traverses ?Fourpole Creek? in Cabell County, the ?U.S. Army PFC John Ira Pinkerman Memorial Bridge?.
Referred to the Committee on Transportation
and Infrastructure.
A message from The Clerk of the House of
Delegates announced the adoption by that body and requested the concurrence of
the Senate in the adoption of
Com.
Sub. for House Concurrent Resolution 37?Requesting
the Division
of Highways to name bridge number 40-60-0.03 (40A142)
(38.41962,
-82.05132),
locally known as Culloden Railroad Overpass,
carrying US 60 over CSX Railroad in Putnam County, the ?U.S. Army
SPC 4 William L. Amos Memorial Bridge?.
Referred to the Committee on Transportation
and Infrastructure.
A message from The Clerk of the House of
Delegates announced the adoption by that body and requested the concurrence of
the Senate in the adoption of
House
Concurrent Resolution 60?Requesting Division of
Highways name bridge number SS-25-33-3.93 (39.47318, -80.05074),
carrying County Route 33 over Piney Creek in Marion County, the ?William ?Bill? R. VanGilder Memorial Bridge?.
Referred to the Committee on Transportation
and Infrastructure.
The Senate proceeded to the
Senator
Your Committee on
Senate Bill 15, Eliminating sunset on DOH public-private
partnerships.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 15 (originating in the Committee on
And,
Senate Bill 477, Increasing State Road Fund by raising DMV
fees and motor fuel excise taxes.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 477 (originating in the Committee on
With the recommendation that the two committee substitutes do pass; but
under the original double committee references first be referred to the
Committee on
Respectfully submitted,
?
??? Chair.
The bills (Com. Sub. for S. B. 15 and 477), under the original double
committee references, were then referred to the Committee on
Senator
Your Committee on
Senate Bill 16, Repealing section related to wind power
projects.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 16 (originating in the Committee on
With the recommendation that the committee substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Com. Sub. for Senate Bill 308 (originating in the Committee on
And reports back a committee substitute for same with the following
title:
Com. Sub. for Com. Sub. for
Senate Bill 308 (originating
in the Committee on
With the recommendation that the committee substitute for committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 500, Relating to Medicaid fraud and abuse.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 500 (originating in the Committee on
With the recommendation that the committee substitute do pass; but under
the original double committee reference first be referred to the Committee on
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate Bill 554, Relating to false swearing in legislative
proceeding.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 559, Relating to limited video lottery.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 559 (originating in the Committee on
And,
Senate Bill 581, Relating generally to administration of
trusts.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 581 (originating in the Committee on
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Concurrent Resolution
5, US Army PFC John Ira Pinkerman Memorial Bridge.
Senate Concurrent Resolution
8, Donnie Adkins Memorial Bridge.
Senate Concurrent Resolution
11, USMC Lance Corporal
Edwin Russell ?Snook? Danehart Memorial Bridge.
Senate Concurrent Resolution
14, US Army PVT Oren J. ?Junior? Johnson Memorial
Bridge.
Senate Concurrent Resolution
17, John Hancock Hall
Memorial Bridge.
Senate Concurrent Resolution
18, US Marine CPL Walter
Vincent Filipek Memorial Bridge.
Senate Concurrent Resolution
21, US Army CPL Daniel Frederick Mehringer Memorial
Bridge.
Senate Concurrent Resolution
22, Walter E. Swiger
Memorial Bridge.
And,
Senate Concurrent Resolution
28, US Army SPC4 Randall W. Arbogast Memorial Road.
And reports the same back with the recommendation that they each be
adopted.
Respectfully submitted,
??????????????????????????????????????????????????????????? ? Gregory L. Boso,
??????????????????????????????????????????????????????????? ??? Chair.
At the request of Senator
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
Senator
Your Committee on
Senate Concurrent Resolution
15, Herbert ?Herb? Linkous
Bridge.
And reports back a committee substitute for same as follows:
Com. Sub. for Senate
Concurrent Resolution 15
(originating in the Committee on Transportation and Infrastructure)?
Whereas, Herbert ?Herb?
Linkous lived in Kopperston, West Virginia, from 1957 until his death in 2015
with his wife Betty and their five children; and
Whereas, Herb worked for
more than 30 years in the coal mines, retiring from Peabody Coal at Kopperston;
and
Whereas, Herb served as an
officer and representative of United Mine Workers Kopperston Local 7604 for
nearly 20 years, working to make certain that miners were treated fairly and
had safe working conditions; and
Whereas, Herb was a U. S. Army Veteran, serving in World War II in the Asiatic-Pacific Theater from September 5, 1946, until April 15, 1947, and was awarded the World War II Victory
Medal; and
Whereas, Herb also served
in the U. S. Army from January 30, 1948,
until January 29, 1952, in Korea and was honorably discharged after obtaining
the rank of Corporal. During his service in Korea, Herb and his company endured
heavy artillery combat and were engaged in hand-to-hand combat. For his
service, he was awarded the Bronze Star Medal, the Korean Service Medal with
three Bronze Service Stars, the Good Conduct Medal, the Distinguished Unit
Emblem and the Overseas Bar; therefore, be it
Resolved by the
Legislature of West Virginia:
That the Division of Highways
is hereby requested to name bridge number 55-85-5.98 (55A098), locally known as Kopperston Mine Bridge, carrying
WV Route 85 over Tug Fork in Wyoming County, the ?U.S. Army CPL Herbert ?Herb? Linkous Memorial Bridge?; and,
be it
Further
Resolved, That the
Commissioner of the Division of Highways is hereby requested to have made and
be placed signs identifying the bridge as the ?U.S. Army CPL Herbert ?Herb? Linkous
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 Commissioner of the
Division of Highways.
And,
Senate Concurrent Resolution
19, Blue Demon Bridge.
And reports back a committee substitute for same as follows:
Com.
Sub. for Senate Concurrent Resolution 19 (originating in the Committee on Transportation and Infrastructure)?
Whereas, The Northfork High
School?s sobriquet, going back to 1966, was the Blue Demons; and
Whereas, Sports fans from
across this state still talk about the Blue Demons? boys? basketball teams that
won Class AA state championships in 1971
and 1984, as well as eight consecutive state championships from 1974 through
1981; and
Whereas, When this state
inaugurated the first girls? basketball tournament in 1976, the Demonettes won
then as well in 1977 and 1979; and
Whereas, The Blue Demons?
1973 football team had a perfect season record of 12 and 0; and
Whereas, Over the 19 years
in which Northfork High School was in existence, the boys? basketball team
compiled an amazing record of 112 wins to only 12 losses on their home floor;
and
Whereas, Although Northfork High School has been closed for more
than 30 years, the memories are just as vivid today as when they were being
made decades ago for all who attended this legendary school, forever holding a
place in the hearts of former students and teachers; and
Whereas, This school will
always be remembered by all who saw the Blue Demons play or heard of their
exploits, as the source of the nickname for the town that is still known today
as the basketball capital of the United States; therefore, be it
Resolved by the
Legislature of West Virginia:
That the Division of
Highways is hereby requested to name bridge number 24-52/19-0.01 (24A293), (37.41606, -81.43625), originally known as the
Northfork Bridge, located in Northfork, McDowell County, carrying County Route
52/19 over Elkhorn Creek, the ?Blue Demons Bridge?; and, be it
Further
Resolved, That the
Commissioner of Highways is hereby requested to have made and be placed signs
identifying the bridge as the ?Blue Demons Bridge?; and, be it
Further
Resolved, That the
Clerk of the Senate is hereby directed to forward a copy of this resolution to the
Commissioner of the Division of Highways.
With the recommendation that the two committee substitutes be adopted.
Respectfully submitted,
?
??? Chair.
At the request of Senator
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
Senator
Your Committee on
Eng. Com. Sub. for House Bill
2028, Relating to the venue
for suits and other actions against the state.
And has amended same.
And reports the same back with the recommendation that it do pass, as
amended.
Respectfully submitted,
?
??? Chair.
The Senate proceeded to the
On motions for leave, severally made, the following bills were
introduced, read by their titles and referred to the appropriate committees:
By Senators Maynard and Boso:
Senate Bill 605?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated ?3-6-13; and to amend and reenact ?18-2-1 of
said code, all relating to requiring that all members of the State Board of
Education be elected to their positions; and establishing an election
procedure.
Referred to the Committee on the Judiciary.
By Senators Maynard and
Plymale:
Senate Bill 606?A Bill to amend and reenact ?21-5C-1 of the Code of West Virginia, 1931,
as amended, relating to adding an exception for seasonal amusement park workers
from the definition of ?employee?.
Referred to the Committee on the Judiciary.
By Senators Takubo, Woelfel, Jeffries,
Cline and Stollings:
Senate Bill 607?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated ?20-7-18e, relating to allowing the use of
larger horsepower boats on limited horsepower lakes under certain
circumstances; violations and civil penalties.
Referred to the Committee on the Judiciary.
By Senators Trump, Woelfel,
Weld, Gaunch and Plymale:
Senate Bill 608?A Bill to amend and reenact ?2-2-10 of the Code of West Virginia, 1931,
as amended, relating to clarifying that regulatory, noncriminal legislative
enactments prohibiting a type or types of businesses, or business structures
are inapplicable to lawful businesses and business structures operating in this
state prior to the effective date of the prohibiting enactment; and updating
provisions.
Referred to the Committee on the Judiciary.
By Senators Ferns, Azinger,
Rucker and Cline:
Senate Bill 609?A Bill to amend and reenact ?18-9A-2, ?18-9A-4, ?18-9A-5, ?18-9A-6a, ?18-9A-7, ?18-9A-9, ?18-9A-10 and ?18-9A-12 of the
Code of West Virginia, 1931, as amended, all relating to public school support;
including treasurer/chief school business official and child nutrition director
as professional educator for funding purposes only; deleting required periodic legislative
review of adjustments in net enrollment; determining allowance for fundable
professional educators at set ratio, rather than the number employed subject to
a limit; providing for determination of allowance for fundable positions in
excess of number employed; deleting expired provisions; basing minimum
professional instructional personnel required on percent of employed fundable
professional educators; providing for prorating professional instructional
personnel among participating counties in joint school or program or service;
removing penalty for not meeting applicable professional instructional
personnel ratio for 2017-2018 school year; deleting expired provisions;
deleting required periodic legislative review of density category ratios; determining
allowance for fundable service personnel at set ratio, rather than number
employed subject to a limit; providing for determination of allowance for
fundable positions in excess of number employed; providing for proration of
number and allowance of personnel employed in part by state and county funds;
adding professional student support personnel allowance to calculation of
teachers retirement fund allowance; basing Teachers Retirement Fund allowance
on average retirement contribution rate of each county and defining ?average
rate?; allowing limited portion of funds for bus purchases to be used for
facility and equipment repair maintenance and improvement or replacement or
other current expense priorities if requested and approved by state
superintendent following verification; changing calculation of allowance for
current expense from percent allowances for professional and service personnel
to county?s state average costs per square footage per student for operations
and maintenance; removing authorization for use of instructional improvement
funds for implementation and maintenance of regional computer information
system; removing requirement for fully utilizing applicable provisions of
allowances for professional and service personnel before using instructional
improvement funds for employment; removing restriction limiting use of new
instructional improvement funds for employment except for technology system
specialists until certain determination made by state superintendent;
authorizing use of instructional technology improvement funds for employment of
technology system specialists and requiring amount used to be included and
justified in strategic technology plan; specifying when certain debt service
payments are to be made into School Building Capital Improvement Fund;
authorizing use of percentages of allocations for improving instructional
programs; improving instructional technology for facility and equipment repair
and maintenance or replacement and other current expense priorities and for emergency
purposes; requiring amounts used to be included and justified in respective
strategic plans; and reducing state aid funding to the school districts for the
2018 fiscal year only.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Prezioso, Beach,
Unger and Stollings:
Senate Bill 610?A Bill to amend and reenact ?21-11-3 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto two new sections,
designated ?21-11-10b and ?21-11-10c, all relating to requiring any newly
constructed, state-assisted, detached single family house, a townhouse or
multilevel dwelling unit, whether detached or attached to other units or
structures, or a ground floor unit in a building of three or fewer dwelling
units to meet minimum standards of universal design for persons with disabilities.
Referred to the Committee on Government Organization.
By Senator Sypolt:
Senate Bill 611?A Bill to amend and reenact ?7-7-6e of the Code of West Virginia, 1931,
as amended, relating to expanding the county assessment and collection of a
head tax on certain farm animals to breeding cows, if the owner participates.
Referred to the Committee on Agriculture and Rural Development; and then to the Committee on
Government Organization.
By Senators Boley, Rucker,
Cline and Maroney:
Senate Bill 612?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated ?7-1-3tt, relating to granting county
commissions with the plenary power and authority to establish by ordinance a
vacant building registration program; and setting forth procedures for
administration and enforcement.
Referred to the Committee on Government Organization.
By Senators Sypolt, Smith and
Maroney:
Senate Bill 613?A Bill to amend and reenact ?29-3-3 of the Code of West Virginia, 1931,
as amended, relating to the composition of the State Fire Commission;
increasing the members that represent volunteer fire departments by one; and
decreasing the members that represent full-time paid fire departments by one.
Referred to the Committee on Government Organization.
By Senators Blair, Boso and
Sypolt:
Senate Bill 614?A Bill to amend and reenact ?12-6C-11 of the Code of West Virginia, 1931,
as amended; and to amend and reenact ?31-15-8 of said code, all relating to the
expansion of broadband service to unserved areas of West Virginia by providing
loan insurance for commercial loans used for the expansion of broadband service
to unserved or underserved areas; establishing limits and conditions on the
insuring of loans; establishing interest rates; establishing amortization
periods; providing for security interests; setting forth the responsibilities
of the West Virginia Economic Development Authority, the West Virginia Board of Treasury Investments and the
Broadband Enhancement Council; providing that the members of the West Virginia
Board of Treasury Investments do not have a fiduciary responsibility with
regard to the loans; providing for notice for loan insurance; providing for
hearings and appeal; and making technical changes.
Referred to the Committee on Economic Development; and then to the
Committee on Finance.
By Senators Prezioso, Palumbo,
Beach, Miller, Ojeda, Plymale, Romano, Stollings, Unger and Woelfel:
Senate Bill 615?A Bill to amend and reenact ?4-2A-3 of the Code of West Virginia, 1931, as amended, relating to limiting
the number of days members of the Legislature may receive compensation during
an extended and extraordinary session if the budget bill has not been enacted.
Referred to the Committee on the Judiciary; and then to the Committee on
Finance.
By Senators Stollings,
Plymale, Takubo and Maroney:
Senate Bill 616?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated ?55-7B-9e, relating to limiting recoverable
damages when a patient has been transferred from a health care facility to
another health care facility; and providing an exception.
Referred to the Committee on the Judiciary.
By Senators Maynard and
Maroney:
Senate Bill 617?A Bill to amend and reenact ?17-2A-11 of the Code of West Virginia, 1931, as amended, relating to
requiring that the State Road Commissioner make available online the state?s
master road and highway map.
Referred to the Committee on Government Organization.
By Senators Maynard and Cline:
Senate Bill 618?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated ?30-10-24, relating to continuing education
credits of veterinarians; and allowing credits for providing free spaying and
neutering and other related veterinary services under certain circumstances.
Referred to the Committee on Government Organization.
By Senator Maynard:
Senate Bill 619?A Bill to amend and reenact ?17-16B-6 of the Code of West Virginia, 1931,
as amended; and to amend and reenact ?29-18-7 of said code, all relating to the
acquisition of idled railways properties by the West Virginia Railroad
Maintenance Authority to be
used by local recreational authorities.
Referred to the Committee on Government Organization.
Senators Gaunch, Beach and Stollings offered the following resolution:
Senate Concurrent Resolution
39?Requesting the Division of Highways to
name McCorkle Road 14/3, beginning at a point where it intersects with Route
119 and ending at a point where it intersects with Route 214, (38.244866,
-81.874752 to 38.224079, -81.835998) in Lincoln County, as the ?U. S. Army PFC Kelva H. Justice Memorial Road?.
Whereas, Private Justice was born on
March 25, 1935, in Ivaton, to Clayton and Lyda Zora (Pauley) Justice; and
Whereas, Private Justice attended
Duval High School, Griffithsville; and
Whereas, Private Justice entered the
United States Army on August 18, 1943, and received his basic training at Camp Adair, Oregon; and
Whereas, Private Justice sailed from
the United States in March, 1944, and was stationed in England, France and
Germany during World War II;
and
Whereas, The last word received from Private Justice was his
letter dated March 26, 1945, written while in Germany; and
Whereas, Private Justices? mother, Lyda
Z. Justice, was notified by Major General J. A. Ulio, Adjunct
General of the Army, that
her son was killed in action on April 14, 1945, in Germany; and
Whereas, A later War
Department message dated May 1, 1945 stated Private Justice was killed in an ambush on April 14,
1945; and
Whereas, Private Justice was awarded
the Silver Star and two Purple Hearts; and
Whereas, Private Justice was originally
buried in the United States Military Cemetery in Holland; and
Whereas, Private Justices? body was disinterred and his funeral was held on
January 1, 1949, at the McCorkle Free Will Baptist Church in McCorkle. The
funeral was officiated by the Reverend Meddie Graley, with a military service
conducted by Boone County Veterans of Foreign Wars and he was buried in the
Midkiff Cemetery in Sumerco in Lincoln County; and
Whereas, It is fitting that an enduring
memorial be established to commemorate Private First Class Kelva H. Justice, a
native son who served his state and his country with great honor and gave the
ultimate sacrifice, by naming McCorkle Road 14/3, beginning at a point where it
intersects with Route 119 and ending at a point where it intersects with Route
214, (38.244866, -81.874752 to 38.224079, -81.835998) in Lincoln County, the ?U.
S. Army PFC Kelva H.
Justice Memorial Road?; therefore, be it
Resolved by
the Legislature of West Virginia:
That the Division of Highways is hereby
requested to name McCorkle Road 14/3, beginning at a point where it intersects
with Route 119 and ending at a point where it intersects with Route 214,
(38.244866, -81.874752 to 38.224079, -81.835998) in Lincoln County, as the ?U.
S. Army PFC Kelva H.
Justice Memorial Road?; and, be it
Further Resolved, That the Commissioner of the Division
of Highways is hereby requested to have made and be placed signs at both ends
identifying the road as the ?U. S. Army PFC Kelva H. Justice Memorial Road?; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Commissioner of the
Division of Highways.
Which, under the rules, lies over one day.
Senators Maynard, Unger and Stollings offered the following resolution:
Senate Concurrent Resolution
40?Requesting the Joint Committee on
Government and Finance study funds available for improvements at Beech Fork
State Park and Cacapon Resort State Park, and to study status of improvements
made at the parks in recent years, current improvement needs and the best use
for funds currently available for improvements.
Whereas, From July 1, 2002, through
fiscal year beginning July 1, 2012, the state code provided for $5 million to
be deposited into the State Park Improvement Fund for park improvements; and
Whereas, Beginning July 1, 2013, and
each fiscal year thereafter, the State Excess Lottery Revenue Fund has been
required, pursuant to West Virginia Code section eighteen-e, article
twenty-two, chapter twenty-nine, to deposit an amount equal to the certified
debt service requirement, not to exceed $3 million in any one fiscal year, into
the Cacapon and Beech Fork State Park Lottery Revenue Debt Service Fund, and in
addition deposit $5 million into the State Park Improvement Fund; and
Whereas, The deposits to the Cacapon
and Beech Fork State Park Lottery Revenue Debt Service Fund were to permit
issuance of bonds for improvements to the two state parks; and
Whereas, Prudent principles of
management require examination of improvement projects certified to receive
funds available and the selection of projects which best serve the citizens of
the state and best provide economic benefits for the funds available;
therefore, be it
Resolved
by the Legislature of West Virginia:
That the Joint Committee on Government
and Finance is hereby requested to study funds available for improvements at
Beech Fork State Park and Cacapon Resort State Park, and to study status of
improvements made at the parks in recent years, current improvement needs and
the best use for funds currently available for improvements; and, be it
Further Resolved, That the Joint Committee on Government
and Finance report to the regular session of the Legislature, 2018, on its
findings, conclusions and recommendations, together with drafts of any
legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct
this study, to prepare a report and to draft necessary legislation be paid from
legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Stollings, Ojeda, Beach and Plymale offered the following
resolution:
Senate Concurrent Resolution 41?Requesting the Division of Highways name bridge number 03-9-3.08 (03A052), (37.94999, -81.85885), locally
known as Hewitt Bridge 3642,
carrying County Route 9 over the Hewitt Creek in Boone County, the ?U. S. Army PV2 Mandvial S. ?Bunker? Bias Memorial Bridge?.
Whereas, Private Bias was born July
25, 1893, in Hewett, Boone County. He was the son of Mann Bias and Parthena
Bias and a descendant of Obediah Bias, one of the first settlers of Hewett; and
Whereas, Private Bias married
Leora Baldwin and they had ten children: Audley, Ruby, Ruth, Eugene, Darlene, Joey,
Christena, James Otis, Yvonna Lee and Sherry; and
Whereas, Private Bias loved West
Virginia and lived all his life in Boone County where he raised his family
while working in the coal mines, timbering and always raising a large garden; and
Whereas, Private Bias was a kind
and generous man with family and many friends gathering at their home on
Sundays, with sometimes as many as fifty people gathering. After dinner,
they would gather outside under shade trees to visit and discuss cars, hunting
and politics; and
Whereas, Private Bias served his
country during World War I; and
Whereas, Private Bias passed away on
October 13, 1973; and
Whereas, Private Bias served his
country and his state with honor and distinction; therefore, be it
Resolved
by the Legislature of West Virginia:
That the Division of Highways is hereby
requested to name bridge number 03-9-3.08 (03A052), (37.94999, -81.85885), locally known as Hewitt
Bridge 3642, carrying
County Route 9 over the Hewitt Creek in Boone County, the ?U. S. Army PV2 Mandvial S. ?Bunker? Bias Memorial Bridge?; and, be it
Further
Resolved, That the
Commissioner of the Division of Highways is hereby requested to have made and
be placed signs identifying the bridge as the ?U. S. Army PV2 Mandvial S. ?Bunker? Bias Memorial Bridge?; and, be it
Further
Revolved, That the
Clerk of the Senate is hereby directed to forward a copy of this resolution to
the Commissioner of the Division of Highways.
Which, under the rules, lies over one day.
Senators Mann, Beach, Plymale, Romano, Cline, Unger, Sypolt, Rucker,
Stollings and Prezioso offered the following resolution:
Senate Resolution 37?Designating Wednesday, March 15, 2017, as Higher Education
Day at the Legislature.
Whereas, The foundation of
any society?s success is the degree to which its citizens are educated; and
Whereas, The State of West
Virginia is committed to supporting higher education; and
Whereas, West Virginia?s
colleges and universities open the doors of opportunity for West Virginia?s
students; and
Whereas, West Virginia?s
education system helps students achieve their education and career goals, and
meet the workforce needs of the State of West Virginia; and
Whereas, Higher education
institutions contribute to the economic vitality of the state while enriching
the culture of the communities and regions they serve; and
Whereas, West Virginia?s
colleges and universities advance the development of technology, partner in
business and industry, conduct groundbreaking research and improve lives
through advanced health care; and
Whereas, Through the
services of outstanding faculty, staff, administration and leadership, West
Virginia?s colleges and universities carry out student-centered missions for
the betterment of the entire state; therefore, be it
Resolved by the
That the Senate hereby
designates Wednesday, March 15, 2017, as Higher Education Day at the
Legislature; and, be it
Further Resolved, That the Senate recognizes
the commitment to excellence the leaders of our colleges and universities have
demonstrated; and, be it
Further Resolved, That the Clerk is hereby
directed to forward a copy of this resolution to the Chancellor of the West
Virginia Higher Education Policy Commission, the Chancellor of the West
Virginia Council for Community and Technical College Education, the Executive
Director of the West Virginia Independent Colleges and Universities, Inc., and
to each of the presidents of West Virginia?s public and independent colleges
and universities.
At the request of Senator
On motion of Senator Ferns, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and, at the request
of Senator Ferns, and by unanimous consent, returned to the fourth order of
business.
Senator
Your Committee on
Senate Bill 620 (originating in the Committee on
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill 28, Creating new system for certain contiguous
counties to establish regional recreation authorities.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
Pending discussion,
The question being ?Shall Engrossed
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Swope,
Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?32.
The nays were: Ojeda and Stollings?2.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
At the request of Senator
On motion of Senator
Eng. Senate Bill 28?A Bill to amend and reenact ?20-7-1 of the Code of West Virginia, 1931,
as amended; to amend said code by adding thereto a new article, designated
?20-14A-1, ?20-14A-2, ?20-14A-3, ?20-14A-4, ?20-14A-5, ?20-14A-6, ?20-14A-7, ?20-14A-8, ?20-14A-9, ?20-14A-10 and ?20-14A-11; and to amend and reenact ?20-15-1,
?20-15-2, ?20-15-3, ?20-15-4 and ?20‑15-5 of said code, all relating to
establishing regional recreation authorities and areas; establishing trails for
off-highway recreational vehicle use; providing for reimbursement by authority
for natural resources police officers; authorizing creation of regional
recreation authority as joint development entity formed by two or more
contiguous counties; prohibiting the creation of more than two regional
recreation authorities within a certain time period without specific approval
by the Legislature; setting forth findings and definitions; establishing powers
and composition of governing board; providing for financial review and
oversight of public funds; prohibiting certain conduct in regional recreation
area; establishing requirements for bidding and purchasing; prohibiting
conflicts of interest; limiting liability; clarifying duties and
responsibilities of participants to landowners and lessors in the regional
recreation areas; and establishing criminal penalties and civil remedies.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate
Eng. Com. Sub. for Senate Bill
187, Providing for
confidentiality of patients? medical records.
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: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 187)
passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill
302, Supplemental
appropriation of federal funds from Treasury to 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: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng.
Senator
On this question, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns,
Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate
Eng. Com. Sub. for Senate Bill
303, Supplemental
appropriation of public moneys from Treasury to DHHR.
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: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng.
Senator
On this question, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns,
Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate
Eng. Com. Sub. for Senate Bill
306, Supplemental
appropriation of federal funds from Treasury to Workforce West Virginia.
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: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng.
Senator
On this question, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns,
Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate
Eng. Com. Sub. for Senate Bill
454, Providing more
efficient collection and submission of state moneys received from court
transactions or court 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: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate
Eng. Senate Bill 466, Calculating state share of gross profits
from limited video lottery revenues at 50 percent.
On
On motion of Senator
Eng. Com. Sub. for Senate Bill
497, Relating to liability
for health care providers who provide services at school athletic events.
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: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for
Senate Bill 186, Adjusting
date when children become eligible for certain school programs and school attendance
requirements.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Com. Sub. for Senate Bill 192,
Relating generally to
licensed surveyors.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Com. Sub. for Senate Bill 255,
Relating to filling
vacancies on county commissions and other county offices.
On
At the request of Senator
Com. Sub. for Senate Bill 413,
Relating to bids on
government construction contracts.
On second reading, coming up in regular order, was read a second time.
On motion of Senator
On page
Following discussion,
The question being on the adoption of Senator Swope?s amendment to the
bill, the same was put and prevailed.
The bill
Com. Sub. for Senate Bill 471,
Relating to state ownership
of wildlife.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Com. Sub. for Senate Bill 474,
Exempting names of licensed
hunters from public disclosure.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Senate Bill 495, Relating to regulation of events by State Athletic Commission.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Senate Bill 524, Relating to WV academic standards.
On
At the request of Senator
Following a point of inquiry by Senator Plymale, with resultant response
by Senator Ferns,
Senator Plymale then moved that the Senate reconsider its action by
which it immediately hereinbefore adopted the request that Senate Bill 524 be
laid over one day, retaining its place on the calendar.
The question being on the adoption of
Senator Plymale's aforestated motion, the same was put.
The result of the voice vote being
inconclusive, Senator Plymale demanded a division of the vote.
A standing vote being taken, there were
twelve "yeas" and twenty "nays".
Whereupon, Senator Carmichael (Mr.
President) declared Senator Plymale's aforestated motion had not
prevailed.
Com. Sub. for Senate Bill 531,
Relating to renewal date
for apiary certificates of registration.
On second reading, coming up in regular order, was read a second time.
On motion of Senator
On page
And,
?On page
The bill
Senate Bill 536, Authorizing tracking of wounded or injured
bear or deer.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Com. Sub. for Senate Bill 575,
Limiting nuisance actions
against shooting ranges for noise.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were
each read a first time and ordered to second reading:
Senate Bill 443, Establishing Adult Drug Court Participation
Fund.
Senate Bill 444, Establishing Court Advanced Technology
Subscription Fund.
Com. Sub. for Senate Bill 522,
Relating to pharmacy
audits.
And,
Eng. Com. Sub. for House Bill
2678, Changing the amounts
of prejudgment and post-judgment interest to reflect today?s economic
conditions.
The Senate proceeded to the twelfth order of business.
Remarks were made by
Thereafter, at the request of Senator
The Senate proceeded to the
Following a point of inquiry to the President, with resultant response
thereto,
At the request of Senator
At the request of Senator
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator
____________