WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-THIRD LEGISLATURE
REGULAR SESSION, 2017
____________
Charleston, West Virginia, Friday, March 24, 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 Thursday, March 23, 2017,
At the request of Senator
The Senate proceeded to the second order of business and the introduction
of guests.
At the request of Senator
The Senate proceeded to the
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, to take effect
Eng.
Com. Sub. for Senate Bill 127, Authorizing Department of Revenue to
promulgate legislative rules.
On motion of Senator
The following House of Delegates
By striking
out everything after the enacting section and inserting in lieu thereof the
following:
That
?64-7-1, ?64-7-2, ?64-7-3, ?64-7-4 and ?64-7-5 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 7. Authorization for Department of Revenue to
promulgate legislative rules.
?64-7-1.
Insurance Commissioner.
(a) The legislative rule filed in the State Register on
August 22, 2016, authorized under the authority of section ten, article two,
chapter thirty-three of this code, relating to the Insurance Commissioner
(adoption of valuation manual, 114 CSR 98), is authorized.
(b) The legislative rule effective on May 16, 1997, authorized under the
authority of section four, article twenty-five-a, chapter thirty-three of this
code, relating to the Office of the Insurance Commissioner (utilization
management, 114 CSR 51), is repealed.
(c) The
legislative rule effective on December 28, 1981, authorized under the authority
of section ten, article two, chapter thirty-three of this code, relating to the
Office of the Insurance Commissioner (Medicare supplement insurance coverage,
114 CSR 17), is repealed.
?64-7-2. Racing Commission.
(a)
The legislative rule filed in the State Register on August 18, 2016, authorized
under the authority of section two, article twenty-three, chapter nineteen of
this code, modified by the Racing Commission to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
September 19, 2016, relating to the Racing Commission (thoroughbred racing, 178
CSR 01), is authorized with the following amendment:
On
pages 91 through 93, by striking out all of subdivision 49.3.m. and inserting
in lieu thereof a new subdivision 49.3.m. to read as follows:
49.3.m.
Multiple Medication Violations. A trainer who receives a penalty for a
medication violation based upon a horse testing positive for a Class 1-5
medication with a Penalty Class A-D C, as provided in the Uniform
Classification Guidelines for Foreign Substances as promulgated by the
Association of Racing Commissioners International (RCI), Version 12.0
(revised January April 8, 2014 2016), set forth in
table 178-1D at the end of this rule, shall be assigned points as follows:
Penalty
Class |
Points
if Controlled Therapeutic Substance |
Points
if Non-Controlled Substance |
Class
A |
??????????? N/A |
??????????? 6 ??????????? |
Class
B |
??????????? 2 |
??????????? 4 |
Class
C |
??????????? |
??????????? |
Class
D |
??????????? |
??????????? |
49.3.m.1.
If the stewards or the Commission determine that the violation is due to
environmental contamination, they may assign lesser or no points against the
trainer based upon the specific facts of the case.
49.3.m.-1
49.3.m.2. The points assigned to a medication violation by the stewards?
or the Commission?s ruling shall be included in the Association of Racing
Commissioners International official database. and the The
Association of Racing Commissioners International shall assign record
points consistent with the table set forth under subdivision 49.3.m. for advisory
purposes for medication violations where points have not been assigned by
regulatory action including, when appropriate, a designation that the
points have been suspended for the medication violation. Points assigned by
such regulatory ruling or by the Association of Racing Commissioners
International shall reflect, in the case of multiple positive tests as
described in paragraph 49.3.m.3, whether they shall thereafter
constitute a single violation. The stewards? or the Commission?s ruling shall
be posted on the official website of the Commission and within the official
database of the Association of Racing Commissioners International. If an appeal
is pending, that fact shall be noted in such ruling. No points shall be applied
until a final adjudication of the enforcement of any such violation.
49.3.m.2
49.3.m.3. A trainer?s cumulative points for violations in all racing
jurisdictions shall be maintained by the Association of Racing Commissioners
International. Once all appeals are waived or exhausted, the points shall
immediately become part of the trainer?s official Association of Racing
Commissioners International record and shall be considered by the stewards or
the Commission in their determination to subject the trainer to the mandatory
enhanced penalties as provided in this rule.
49.3.m.3.
49.3.m.4. Multiple positive tests for the same medication incurred by a
trainer prior to delivery of official notice by the stewards or the Commission
may be treated as a single violation. In the case of a positive test indicating
multiple substances found in a single post-race sample, the stewards or the
Commission may treat each substance found as an individual violation for which
points will be assigned, depending upon the facts and circumstances of the
case.
49.3.m.4.
49.3.m.5. The official Association of Racing Commissioners International
record shall be used to advise the stewards or the Commission of a trainer?s
past record of violations and cumulative points. Nothing in this rule shall be
construed to confer upon a trainer the right to appeal a violation for which
the remedies have been exhausted or for which the appeal time has expired as
provided by West Virginia Code ?? 19-23-16(c) and 19-23-17.
49.3.m.5.
49.3.m.6. The stewards or the Commission shall consider all points for
violations in all racing jurisdictions as contained in the trainers? official
Association of Racing Commissioners International record when determining
whether the mandatory enhancements provided in this rule shall be imposed.
49.3.m.6.
49.3.m.7. In addition to the penalty for the underlying offense, the
following enhancements shall be imposed upon a trainer based upon the
cumulative points contained in his or her official Association of Racing
Commissioners International record:
Points |
Suspension
in days |
|
15
to 30 |
6-8.5 |
45
to 60 |
9-10.5 |
90
to 180 |
11
or more |
180
to 360 |
49.3.m.7.
49.3.m.8. The multiple medication violation penalty system is not a
substitute for the penalty system otherwise set forth in this rule and is
intended to be an additional uniform penalty when a permit holder:
49.3.m.7.A.
49.3.m.8.A. Has more than one violation for the relevant time period;
and
49.3.m.7.B.
49.3.m.8.B. Exceeds the permissible number of points.
49.3.m.9.
The stewards and the Commission shall consider aggravating and mitigating
factors, including the trainer?s prior record for medication violations, when
determining the appropriate penalty for the underlying offense. The multiple
medication violation penalty is intended to be a separate and additional
penalty for a pattern of violations.
49.3.m.8.
49.3.m.10. The suspension periods as provided in the table set forth
under paragraph 49.3.m.6. shall run consecutive to any suspension imposed for
the underlying offense.
49.3.m.9.
49.3.m.11. The stewards? or the Commission?s ruling shall distinguish
between the penalty for the underlying offense and any enhancement based upon a
stewards? or Commission review of a trainer?s cumulative points and regulatory
record, which may be considered an aggravating factor in a case.
49.3.m.10.
49.3.m.12. Any trainer who has received a medication violation may
petition the Association of Racing Commissioners International to expunge the
points received for the violation for the purpose of the multiple medication
violation penalty system only. The points shall be expunged by the Association
of Racing Commissioners International or upon request of the trainer Points
shall expire as follows:
Penalty
Classification |
Time
to Expungement |
A |
|
B |
|
C |
|
|
|
49.3.m.-13.
In the case of a medication violation that results in a suspension, any points
assessed expire on the anniversary date of the date the suspension is
completed.
(b)
The legislative rule filed in the State Register on August 18, 2016, authorized
under the authority of section six, article twenty-three, chapter nineteen of
this code, modified by the Racing Commission to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
September 19, 2016, relating to the Racing Commission (pari-mutuel wagering,
178 CSR 05), is authorized.
?64-7-3. Lottery Commission.
The
legislative rule filed in the State Register on August 22, 2016, authorized
under the authority of section four hundred two, article twenty-two-b, chapter
twenty-nine of this code, modified by the Lottery Commission to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on December 7, 2016, relating to the Lottery Commission (limited
video lottery, 179 CSR 5), is authorized with the following amendments:
On
page 4, subdivision 2.12.1., after the words ?straight-line feet from?,
by inserting the words ?the closest exterior wall of?;
On
page 4, subdivision 2.12.1., after the word ?engine?, by inserting the
words ?as determined by the commission during the license application review?;
On
page 4, paragraph 2.12.2.a., following the designation ?(ii)?, by
striking out the word ?with? and inserting in lieu thereof the word ?has?;
On
page 4, paragraph 2.12.2.b., following the words ?requirement in?, by striking
out the words ?section 2.12.2.? and inserting in lieu thereof the words ?this
subdivision 2.12.2. of this subsection.?;
??????????? On page 4, after paragraph 2.12.2.b., before the words
?The provisions of any? by inserting ?2.12.3.?;
??????????? And,
On page 4, subdivision 2.12.3. by striking
out ?2.12?.
?64-7-4. Tax
Division.
(a) The
legislative rule effective on June 12, 1987, authorized under the authority of
section one, article one-a, chapter eleven of this code, relating to the Tax
Division (listing of interests in natural resources for purposes of first
statewide appraisal, 110 CSR 1B), is repealed.
(b) The
legislative rule effective on May 13, 1987, authorized under the authority of
section twenty-nine-a, article one-a, chapter eleven of this code, relating to
the Tax Division (guidelines for assessors to assure fair and uniform
nonutility personal property values, 110 CSR 1C), is repealed.
(c) The
legislative rule effective on June 12, 1987, authorized under the authority of
section one, article one-a, chapter eleven of this code, relating to the Tax
Division (review by circuit court on certiorari, 110 CSR 1D), is repealed.
(d) The
legislative rule effective on June 12, 1987, authorized under the authority of
section one, article one-a, chapter eleven of this code, relating to the Tax
Division (review of appraisals by the county commission sitting as an
administrative appraisal review board, 110 CSR 1E), is repealed.
(e) The
legislative rule effective on May 13, 1987, authorized under the authority of
section one, article one-a, chapter eleven of this code, relating to the Tax
Division (additional review and implementation of property appraisals, 110 CSR
1F), is repealed.
(f) The
legislative rule effective on May 13, 1987, authorized under the authority of
section one, article one-a, chapter eleven of this code, relating to the Tax
Division (review by circuit court on certiorari, 110 CSR 1G), is repealed.
(g) The
legislative rule effective on June 29, 1964, authorized under the authority of
article one, chapter eleven of this code, relating to the Tax Division
(revision of levy estimates, 110 CSR 8), is repealed.
(h) The
legislative rule effective on September 16, 1966, authorized under the
authority of article ten, chapter eleven of this code, relating to the Tax
Division (inheritance and transfer tax, 110 CSR 11), is repealed.
(i) The
legislative rule effective on January 1, 1974, authorized under the authority
of section five-a, article ten, chapter eleven of this code, relating to the
Tax Division (annual tax on incomes of certain carriers, 110 CSR 12A), is
repealed.
(j) The
legislative rule effective on April 4, 1988, authorized under the authority of
section five, article ten, chapter eleven of this code, relating to the Tax
Division (telecommunications tax, 110 CSR 13B), is repealed.
(k) The legislative
rule effective on May 1, 1996, authorized under the authority of section three,
article thirteen-i, chapter eleven of this code, relating to the Tax Division
(tax credit for employing former members of Colin Anderson Center, 110 CSR
13I), is repealed.
(l) The
legislative rule effective on May 1, 1999, authorized under the authority of
section seven, article thirteen-m, chapter eleven of this code, relating to the
Tax Division (tax credits for new value-added, wood manufacturing facilities,
110 CSR 13M), is repealed.
(m) The
legislative rule effective on May 1, 1999, authorized under the authority of
section seven, article thirteen-n, chapter eleven of this code, relating to the
Tax Division (tax credits for new steel, aluminum and polymer manufacturing
operations, 110 CSR 13N), is repealed.
(n) The
legislative rule effective on May 1, 1995, authorized under the authority of
section five, article ten, chapter eleven of this code, relating to the Tax
Division (business investment and jobs expansion tax credit, corporation
headquarters relocation tax credit and small business tax credit, 110 CSR 13C),
is repealed.
(o) The
legislative rule effective on April 4, 1988, authorized under the authority of
section one, article one-a, chapter eleven of this code, relating to the Tax
Division (appraisal of property for periodic statewide reappraisals for ad
valorem property tax purposes, 110 CSR 1), is repealed.
?64-7-5. Banking Commissioner.
?(a) The legislative rule effective on April
23, 1982, authorized under the authority of section four, article three,
chapter thirty-one-a of this code, relating to the Banking Commissioner (West
Virginia Consumer Credit and Protection Act, 106 CSR 8), is repealed.
(b) The
procedural rule effective on January 10, 1975, authorized under the authority
of section two, article three, chapter thirty-one-a of this code, relating to
the Banking Commissioner (West Virginia Board of Banking and Financial
Institutions, 107 CSR 5), is repealed.;
And,
By striking
out the title and substituting therefor a new title, to read as follows:
Eng.
Com. Sub. for Senate Bill 127?A Bill to amend and reenact ?64-7-1,
?64-7-2, ?64-7-3, ?64-7-4 and ?64-7-5 of the Code of West Virginia, 1931, as
amended, all relating to authorizing certain department of revenue legislative
rules; repealing certain legislative, procedural or interpretive rules
promulgated by certain agencies and boards under the Department of Revenue
which are no longer authorized or are obsolete; authorizing the Insurance
Commissioner to promulgate a legislative rule relating to adoption of a
valuation manual; repealing the Office of the Insurance Commissioner
legislative rule relating to utilization management; repealing the Office of
the Insurance Commissioner legislative rule relating to Medicare supplement
insurance coverage; authorizing the Racing Commission to promulgate a
legislative rule relating to thoroughbred racing; authorizing the Racing
Commission to promulgate a legislative rule relating to pari-mutuel wagering;
authorizing the Lottery Commission to promulgate a legislative rule relating to
limited video lottery; repealing the Tax Division legislative rule relating to
listing of interests in natural resources for purposes of first statewide
appraisal; repealing the Tax Division legislative rule relating to guidelines
for assessors to assure fair and uniform nonutility personal property values;
repealing the Tax Division legislative rule relating to review by circuit court
on certiorari; repealing the Tax Division legislative rule relating to review
of appraisals by the county commission sitting as an administrative appraisal
review board; repealing the Tax Division legislative rule relating to
additional review and implementation of property appraisals; repealing the Tax
Division legislative rule relating to review by circuit court on certiorari;
repealing the Tax Division legislative rule relating to revision of levy
estimates; repealing the Tax Division legislative rule relating to inheritance
and transfer tax; repealing the Tax Division legislative rule relating to
annual tax on incomes of certain carriers; repealing the Tax Division
legislative rule relating to the telecommunications tax; repealing the Tax
Division legislative rule relating to tax credit for employing former members
of Colin Anderson Center; repealing the Tax Division legislative rule relating
to tax credits for new value-added, wood manufacturing facilities; repealing
the Tax Division legislative rule relating to tax credits for new steel,
aluminum and polymer manufacturing operations; repealing the Tax Division
legislative rule relating to the business investment and jobs expansion tax
credit, corporation headquarters relocation tax credit and small business tax
credit; repealing the Tax Division legislative rule relating to appraisal of
property for periodic statewide reappraisals for ad valorem property tax
purposes; repealing the Banking Commissioner legislative rule relating to the
West Virginia Consumer Credit and Protection Act; and repealing the Banking
Commissioner procedural rule relating to West Virginia Board of Banking and
Financial Institutions.
On motion of Senator
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, 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.
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
Eng.
Com. Sub. for House Bill 2028, Relating to the venue for suits and other
actions against the state.
The message further announced the
appointment of the following conferees on the part of the House of Delegates:
Delegates
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
Eng.
Com. Sub. for House Bill 2099, Defining the act of leaving the scene of
a crash involving death or serious bodily injury as a felony; Erin?s Law.
The message further announced the
appointment of the following conferees on the part of the House of Delegates:
Delegates
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 2519?A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated
?9-5-25, relating to requiring West Virginia Bureau for Medical Services to
enter into a compact with surrounding states to ensure providers receive
payment for Medicaid services.
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.
Com. Sub. for House Bill 2808?A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article, designated
?27-5A-1, ?27-5A-2, ?27-5A-3, ?27-5A-4, ?27-5A-5, ?27-5A-6, ?27-5A-7, ?27-5A-8,
?27-5A-9, ?27-5A-10, ?27-5A-11, ?27-5A-12, ?27-5A-13, ?27-5A-14, ?27-5A-15, and
?27-5A-16, all relating to establishing assisted outpatient treatment of
persons suffering from mental illness; providing the policy and purpose behind
assisted outpatient treatment; defining terms; setting forth who may file a
petition for assisted outpatient treatment of an adult individual or
emancipated minor and when such a petition may be filed; providing that such a
petition for assisted outpatient treatment must be in writing, executed under
oath and include specified information; providing where a petition for assisted
outpatient treatment may be filed; providing the timeline and procedure that
the court or mental hygiene commissioner must follow within twenty-four hours
of the filing of the petition; stating who may inspect the petition, evaluation
report, and other filed or issued documents related to the case filed with the
circuit court or mental hygiene commissioner; providing that individual must be
examined not more than seven days before the petition is filed and the process
by which such an examination must occur; providing criminal penalties for a
person who knowingly files, or causes to be filed, a petition that contains a
false material statement or information; providing the procedure for which the
notice of hearing and petition must be provided to the respondent and who else
must be mailed the notice of hearing and petition; providing the assisted
outpatient treatment hearing procedure; providing that the petitioner and
respondent may proffer a mutually agreed upon proposed assisted treatment order;
providing an alternative to a mutually agreed upon order in which the mental
hygiene commissioner or circuit court judge shall find and enter an order
stating where there is clear and convincing evid3ence to believe that the
respondent, as a result of mental illness, requires necessary treatment;
requires that any treatment ordered must be the least restrictive potentially
effective treatment available; stating that such order for assisted outpatient
may be up for one hundred and eighty calendar days; providing what treatment
such an order for assisted outpatient treatment may contain; stating that the
determination that a person is in need of assisted outpatient treatment is not
a determination that the individual is legally incompetent or incapacitated for
any purpose other than those set out in the order concerning treatment for
mental illness or substance use disorder and clarifying that such orders are
not to be reported to the West Virginia Central State Mental Health Registry or
the National Instant Criminal Background Check System; providing for how the
outpatient treatment will be paid for; providing procedures for conversion to
and from involuntary hospitalization; providing procedures for how an assisted
outpatient treatment order can be modified or reviewed; providing procedures
for how an assisted outpatient treatment order can be renewed; explaining under
what circumstances and how a patient under an assisted outpatient treatment
order may be discharged from treatment and how such a discharge can occur;
providing procedures to follow if a patient under an assisted outpatient
treatment order fails to adhere to the order; and stating the options for the
court or mental hygiene commissioner may order upon a finding of a failure to
adhere to the requirements of an assisted outpatient treatment order.
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.
Com. Sub. for House Bill 2857?A Bill to amend the Code of West Virginia, 1931,
as amended, by adding thereto a new article, designated ?21-3E-1, ?21-3E-2,
?21-3E-3, ?21-3E-4, ?21-3E-5, ?21-3E-6, ?21-3E-7, ?21-3E-8, ?21-3E-9,
?21-3E-10, ?21-3E-11, ?21-3E-12, ?21-3E-13, ?21-3E-14, ?21‑3E‑15
and ?21-3E-16, all relating to creating West Virginia Safer Workplace Act;
permitting employers to test employees and prospective employees for drugs and
alcohol; providing a short title; defining terms; declaring public policy;
clarifying exceptions to the applicability of the West Virginia Safer Workplace
Act for employers covered by other drug and alcohol testing statutes;
determining a collection of samples, scheduling of tests and testing
procedures; providing for ability to request split sample be tested to
challenge a positive test result; establishing responsibility for cost of split
sample testing; setting forth testing policy requirements; providing for
disciplinary procedures; providing for sensitive employees; providing
protection from liability; prohibiting certain causes of action for employers
who have established a program in accordance with the West Virginia Safer
Workplace Act; providing exceptions; providing for confidentiality; providing
for termination of employment; providing for forfeiture of certain benefits;
clarifying that the drug and alcohol testing provisions of the West Virginia
Safer Workplace Act cannot be used to show intoxication pursuant to section
two, article four, chapter twenty-three of this code; and requiring employers
to have drug and alcohol testing policies and procedures when implementing drug
and alcohol testing.
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 3009?A Bill to amend and reenact ?60A-9-5 of the Code
of West Virginia, 1931, as amended, relating to access by the Office of Health
Facility Licensure and Certification to the Controlled Substances Monitoring
Program database for use in certification, licensure and regulation of health
facilities.
Referred to the Committee on Health and
Human Resources.
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 3061?A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section, designated ?18-5E-8,
relating to encouraging mastery-based education through the Innovation In
Schools program; making findings and stating purpose; providing definitions;
specifying duties of Department of Education with respect to program; providing
for Innovation In Education/Mastery Based designations for award of grants and
other financial assistance; requiring participation in incubator process;
prohibiting penalties for student who transfers from mastery-based to
nonmastery-based schools; and requiring institutions of higher education to
recognize and accept high school diplomas on equal footing.
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 3089?A Bill to amend the Code of West Virginia, 1931,
as amended; by adding thereto a new section, designated ?18-2A-10, relating to
the adoption of instructional resources for use in the public schools;
providing for transition to new provisions for instructional resources
adoption; defining instructional resources; requiring state board policy on
required criteria included in instructional resources and requiring resources
adopted to substantially cover; requiring pricing statement to be filed with
state superintendent by person, firm or corporation desiring to sell
instructional resources; prohibiting adoption or use unless of person firm or
corporation not complying; disqualification of person, firm or corporation for
failure to honor terms of filing; supplementary resources exempted; provisions
for furnishing necessary instructional resources to students; requiring county
board policy on instructional resources adoption and specifying minim
provisions; and prohibiting board of education member or employee from acting
as sales agents for person, firm or corporation filing statement with
superintendent.
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 8?
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 25?
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
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 46?
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 48?
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 58?
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 66?
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 87?
Referred to the Committee on
Executive Communications
The Clerk then presented
The Senate proceeded to the
??????????? Senator Maynard, from the Joint
Committee on Enrolled Bills, submitted the following report, which was
received:
??????????? Your Joint Committee on Enrolled
Bills has examined, found truly enrolled, and on the 23rd day of March, 2017,
presented to His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House of
Delegates:
??????????? (Com.
Sub. for S. B. 302), Supplemental
appropriation of federal funds from Treasury to Division of Human Services.
??????????????????????????????????????????????????????????????????????? Respectfully
submitted,
??????????????????????????????????????????????????????????????????????? ??Mark R.
Maynard,
??????????????????????????????????????????????????????????????????????? ??? Chair,
Senate Committee.
??????????????????????????????????????????????????????????????????????? ? Roger Hanshaw,
??????????????????????????????????????????????????????????????????????? ??? Chair,
House Committee.
Senator
Your Committee on
Com. Sub. for Senate Bill 69, Creating Sexual Assault Victims? Bill of
Rights.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate Bill 167, Relating to DNA evidence.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 167 (originating in the Committee on
Senate Bill 217, Relating to disclaimers of warranties which
are subject of consumer transaction.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 217 (originating in the Committee on
And,
Senate Bill 376, Requiring certain persons comply with
registration requirements of Sex Offender Registration Act.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 376 (originating in the Committee on
With the recommendation that the three committee substitutes do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Com. Sub. for Senate Bill 210,
Renaming Local Powers Act
the County Local Powers Act.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate Bill 273, Establishing Education Savings Account
Program.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 273 (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.
Senator Beach moved that the bill
??????????? Following discussion,
??????????? The question being on the adoption
of Senator Beach?s aforestated motion, the same was and did not prevail.
??????????? Thereafter, the bill (Com. Sub. for
S. B. 273), under the original double committee reference, was then referred to
the Committee on
Senator
Your Committee on
Com. Sub. for Senate Bill 380,
Creating 2-year pilot
program to allow all-terrain or recreational vehicles in Cabwaylingo State
Forest.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate Bill 401, Allowing county board of education base
employment decisions on individual?s qualifications.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate Bill 416, Relating to Public-Private Transportation
Facilities Act.
Senate Bill 417, Removing financial limitations on number of design-build
projects undertaken by DOH.
Senate Bill 421, Increasing amount of authorized federal
Grant Anticipation Notes for which DOH may apply.
And,
Senate Bill 614, Relating to expansion of broadband service.
And reports the same back with the recommendation that they each do
pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate Bill 484, Relating generally to taxation.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 484 (originating in the Committee on
With the recommendation that the committee substitute do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate Bill 537, Relating to exemptions from mandated
immunizations.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 537 (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.
Senator
Which consent was not granted, Senator Plymale objecting.
Thereafter, on motion of Senator
Senator
Your Committee on
Senate Bill 576, Providing exception to waste for certain oil
and gas development.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 576 (originating in the Committee on
And,
Senate Bill 637, ABC licensing of resorts with multiple
locations.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 637 (originating in the Committee on
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate Bill 578, Relating generally to copies of health care
records furnished to patients.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Com. Sub. for Senate Bill 601 (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 601 (originating in
the Committee on
With the recommendation that the committee substitute for committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator Ferns, unanimous consent being granted, the
bill (Com. Sub. for Com. Sub. for S. B. 601) 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
Your Committee on
Senate Bill 609, Creating additional flexibility for school
systems in use of school aid funds.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 609 (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.
Senator
Which consent was not granted, Senator Unger objecting.
Senator
The question being on the adoption of
Senator Ferns? aforestated motion, and on this question, Senator Unger demanded
the yeas and nays.
The roll being taken, the yeas were:
Azinger, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall, Karnes,
Mann, Maroney, Maynard, Mullins, Smith, Swope, Sypolt, Takubo, Trump, Weld and
Carmichael (Mr. President)?21.
The nays were: Beach, Blair, Jeffries,
Miller, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Stollings, Unger and
Woelfel?13.
Absent: None.
So, a majority of those present and
voting having voted in the affirmative, the President declared Senator Ferns
aforestated motion had prevailed.
Thereafter, the bill
Senator
Your Committee on
Senate Bill 621, Providing certain rules inapplicable after
county board of education notifies state board of possible closing or
consolidations.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Com. Sub. for Senate Bill 628 (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 628 (originating
in the Committee on
With the recommendation that the committee substitute for committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate Bill 630, Establishing Accessibility and Equity in
Public Education Enhancement Act.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 630 (originating in the Committee on
With the recommendation that the committee substitute do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate Bill 631, Relating to prosecuting violations of municipal
building code.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 631 (originating in the Committee on
With the recommendation that the committee substitute do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate Bill 634, Relating generally to certain agreements
between DHHR and two largest state universities.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 634 (originating in the Committee on
With the recommendation that the committee substitute do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate Bill 671, Relating to WV Anatomical Board.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 671 (originating in the Committee on
With the recommendation that the committee substitute do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate Bill 685 (originating in the Committee on
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate Bill 686 (originating in the Committee on
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate Joint Resolution 4, County Economic Development Amendment.
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 the Judiciary.
Respectfully submitted,
?
??? Chair.
At the request of Senator
The Senate proceeded to the
Senators Rucker, Unger and Beach offered the following resolution:
Senate Resolution 51?Designating March 24, 2017, as Jefferson County Day at the Capitol.
Whereas, Jefferson County was formed from Berkeley County in 1801 and named for Thomas Jefferson, author of the Declaration of Independence and third President of the United States; and
Whereas, Jefferson County?s municipalities include Charles Town, the county seat (established in 1789 by George Washington?s brother, Charles); Ranson (1910); Harpers Ferry (1851); Bolivar (1825); and Shepherdstown (1762); and
Whereas, From John Brown?s raid in Harpers Ferry to Johnsontown, believed to be the first free black community in West Virginia, and from Civil War battle sites to the courthouse in Charles Town being the only courthouse in America to have held two trials for treason, Jefferson County is rich in history. In 1906, Storer College in Harpers Ferry was the site of the Niagra Movement?s (later merged with the National Association for the Advancement of Colored People) first meeting on United States soil. The meeting was later described by W. E. B. Du Bois as ?one of the greatest meetings that American Negroes ever held?; and
Whereas, Today, Jefferson County is an economic engine for the State of West Virginia, with a booming population that has grown from 21,280 in 1970 to 53,498 after the 2010 census; and
Whereas, Jefferson County has a vibrant tourism industry, drawing hundreds of thousands of visitors from around the world each year to enjoy whitewater rafting, zip lining, camping and hiking along the Appalachian Trail, shopping at farmers? markets or taking in the many national historical sites around the county; and
Whereas, Jefferson County has been home to Shepherd University for 145 years, which has evolved into a thriving school of 4,000 students, 60% of which are West Virginia natives; and
Whereas, It is fitting to recognize Jefferson County for its history, culture, economy, natural beauty and future development in the State of West Virginia; therefore, be it
Resolved by the
That the Senate hereby designates March 24, 2017, as Jefferson County Day at the Capitol; and, be it
Further Resolved, That
the Senate acknowledges the many important contributions the citizens and
businesses of Jefferson County make in the State of West Virginia; and, be it
Further Resolved, That
the Clerk is hereby directed to forward a copy of this resolution to the
appropriate officials representing Jefferson County.
At the request of Senator
Thereafter, 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 resumed
business under the sixth order.
Senators Boso, Stollings, Gaunch, Sypolt, Romano, Unger, Beach and
Plymale offered the following resolution:
Senate Resolution 52?Designating March 24, 2017, as Firefighters Day as the Capitol.
Whereas, West Virginia?s firefighters a are vital part of the emergency response system serving our communities, residents and visitors throughout this great state; and
Whereas, West Virginia?s firefighters invest countless hours training, planning and preparing to respond to various emergencies at times of greatest need; and
Whereas, Each of the over 9,000 West Virginia firefighters are a valued and cherished asset to the residents and visitors of the state, always answering the call of duty to a myriad of emergencies, including, but not limited to, fire, motor vehicle accident, hazardous material accident, high angle rescue and medical incidents; and
Whereas, The West Virginia public at large expects firefighters to be available to respond to the varying types of emergencies promptly when called upon; and
Whereas, West Virginia firefighters provide a selfless benefit to the communities and counties in which they serve and are truly the quiet heroes as they place themselves in harm?s way and subject themselves to personal risk; therefore, be it
Resolved by the
That the Senate hereby designates March 24, 2017, as Firefighters Day as the Capitol; and, be it
Further Resolved, That
the Senate hereby acknowledges the vital importance of West Virginia
firefighters situated throughout the state; and, be it
Further Resolved, That
the Senate extends its sincere appreciation and gratitude to firefighters
throughout the state of West Virginia for their dedicated public service; and,
be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials representing Firefighters Day at the Capitol.
At the request of Senator
Thereafter, 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 resumed
business under the sixth order, which agenda includes the making of main
motions.
At the request of Senator Ferns, unanimous consent being granted, the
Senate returned to the consideration of
Com. Sub. for Senate Bill 637, Relating to private club operations
requirements.
Having been received as a report from the Committee on the Judiciary and
taken up for immediate consideration, read a first time and ordered to second
reading in earlier proceedings today.
On motion of Senator Ferns, the Senate reconsidered the vote by which
Committee Substitute Senate Bill 637 was taken up for immediate consideration,
read a first time and ordered to second reading.
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Ferns? request that
Committee Substitute for Senate Bill 637 be taken up for immediate
consideration, read a first time and ordered to second reading.
At the request of Senator Ferns, unanimous consent being granted, his aforestated
request was withdrawn.
On motion of Senator Ferns, the Senate reconsidered its action by which
in earlier proceedings today it received the Committee on the Judiciary report for
Committee Substitute for Senate Bill 637.
The action thereon having been reconsidered,
At the request of Senator Trump, and by unanimous consent, the report
from the Committee on the Judiciary for Committee Substitute for Senate Bill
637 was withdrawn.
Petitions
Senator
Referred to the Committee on Health and Human Resources.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution
35, Urging Congress
reassess federal definition of industrial hemp.
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
Senate Concurrent Resolution
46, Requesting study on
consumer complaints regarding safety of aftermarket crash parts.
On unfinished business, coming up in regular order, was reported by the
Clerk and referred to the Committee on
Senate Concurrent Resolution
47, US Army PFC Dell
Dingess Lane.
On unfinished business, coming up in regular order, was reported by the
Clerk and referred to the Committee on
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill
18, Requiring new
comprehensive statewide student assessment.
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, Blair, Boley, Boso,
Clements, Cline, Ferns, Gaunch, Karnes, Maroney, Maynard, Rucker, Smith, Swope,
Sypolt, Takubo, Trump and Carmichael (Mr. President)?18.
The nays were: Beach, Facemire, Hall, Jeffries, Mann, Miller, Mullins,
Ojeda, Palumbo, Plymale, Prezioso, Romano, Stollings, Unger, Weld and Woelfel?16.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
On motion of Senator
Eng. Com. Sub. for Senate Bill
18?A Bill to amend and
reenact ?18-2E-5 of the Code of West Virginia, 1931, as amended, relating to modifying
finding to declare that it is clearly within the Legislature?s authority to
mandate, at any level of specificity, appropriate academic standards to be
adopted by the West Virginia Board of Education; prohibiting the state board
from adopting any national or regional testing program or academic curriculum
standards tied to federal funding without approval granted by Act of the
Legislature; adding digital literacy skills to the list of areas the state
board is required to adopt certain high-quality education standards in; requiring
the state board to use a new comprehensive statewide student assessment program
beginning with the 2017-2018 school year; setting forth requirements for the
new assessment program; removing authorization to require student proficiencies
be measured through the ACT EXPLORE and the ACT PLAN assessments or other
comparable assessments; allowing state board to waive certain requirements for
the new assessment program if less than two vendors submit bids; clarifying
that state board may issue more than one request for proposals and contract
with more than one vendor; prohibiting the Smarter Balance Assessment System,
the PARCC Assessment System or certain other assessments from being used;
requiring the state board to include in its rule accountability measures for
students taking the comprehensive statewide assessment; prohibiting certain
summative assessments from taking more than two percent of a student?s
instructional time; prohibiting a student from being required to complete a
greater number of summative assessments than is required by the Every Student
Succeeds Act; providing exception; prohibiting collection of personal data as
part of the assessment process except for what is necessary for the students?
instruction, academic and college and career search needs; and requiring the
state board to provide online assessment preparation for any online assessment.
Senator
On this question, the yeas were: Azinger, Blair, Boley, Boso, Clements,
Cline, Ferns, Gaunch, Hall, Karnes, Maroney, Maynard, Rucker, Smith, Swope,
Sypolt, Takubo, Trump and Carmichael (Mr. President)?19.
The nays were: Beach, Facemire, Jeffries, Mann, Miller, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Stollings, Unger, Weld and Woelfel?15.
Absent: None.
So, less than two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared Senator Ferns aforestated
motion had not prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate
Eng. Com. Sub. for Senate Bill
61, Providing consumers
sales and service tax and use tax exemption for certain services and tangible
personal property sold for repair, remodeling and maintenance of aircraft.
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, 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. Com. Sub. for Senate Bill
76, Creating WV Second
Chance for Employment Act.
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, 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
Thereafter, at the request of Senator
Eng. Com. Sub. for Senate Bill
183, Transferring Division
of Forestry from Department of Commerce to Department of Agriculture.
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, Blair, Boley, Boso,
Clements, Cline, Ferns, Gaunch, Hall, Karnes, Mann, Maroney, Maynard, Mullins,
Rucker, Smith, Swope, Sypolt, Takubo, Trump, Weld and Carmichael (Mr.
President)?22.
The nays were: Beach, Facemire, Jeffries, Miller, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Stollings, Unger and Woelfel?12.
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
Com. Sub. for Senate Bill 419,
Creating special revenue
fund sources for Division of Labor to meet statutory obligations.
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 464, Eliminating taxation on annuity
consideration received by life insurer.
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. Com. Sub. for Com. Sub.
for Senate Bill 486, Relating
to health care provider taxes.
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.
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. Senate Bill 504, Defining ?special aircraft property?.
On
At the request of Senator
Eng. Com. Sub. for Senate Bill
535, Reorganizing Division
of Tourism.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
Pending extended 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, 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.
On motion of Senator
Eng. Com. Sub. for Senate Bill
535?A Bill to repeal
?5B-2-8, ?5B-2-8a, ?5B-2-9, ?5B-2-11, ?5B-2-12 and ?5B-2-12a of the Code of
West Virginia, 1931, as amended; to amend and reenact ?5B-1-2 of said code; and
to amend said code by adding thereto a new article, designated ?5B-2I-1,
?5B-2I-2, ?5B-2I-3, ?5B-2I-4, ?5B-2I-5, ?5B-2I-6, ?5B-2I-7 and ?5B-2I-8, all relating
to tourism promotion generally; continuing the West Virginia Division of
Tourism Office; creating the West Virginia Tourism Act of 2017; creating the
position of Executive Director of the West Virginia Tourism Office and setting
forth the authority of the executive director; authorizing the Governor to
appoint the executive director and set his or her salary; clarifying that the
executive director shall serve as Commissioner of Tourism until establishment
of the West Virginia Tourism Office; making the position of executive director
one of will and pleasure; establishing qualifications for the position of
executive director; establishing powers and duties of the West Virginia Tourism
Office; authorizing the West Virginia Tourism Office to enter into private-public
agreements and to change and collect fees for goods and services it supplies;
authorizing the West Virginia Tourism Office to retain services necessary to
carry out its duties; establishing criteria for retaining services; authorizing
the executive to employ necessary personnel and to contract for professional,
technical and consulting services and purchase equipment and supplies;
authorizing the executive director, at the consent of the Secretary of
Commerce, to compile a list on classified service exempt positions; requiring
the West Virginia Tourism Office to publish and disseminate an annual report;
directing the West Virginia Tourism office and its director to collaborate with
the West Virginia Development Office; authorizing cancellation of contracts and
joint venture agreements without further obligation of the state and setting
the conditions precedent therefor; continuing the Tourism Promotion Fund in the
State Treasury; directing that moneys in the fund be spent solely for tourism
promotion; defining terms; exempting unspent moneys in fund from reverting to
the General Revenue Fund; eliminating the Tourism Advertising Partnership
Program effective July 1, 2017, with exceptions for resolution of outstanding
obligations; directing the establishment of a cooperative advertising program
within the West Virginia Tourism Office; authorizing the West Virginia Tourism
Office to establish a fee schedule for participants in the cooperative
advertising program; creating a requirement that if bonds authorized for
improvements to Cacapon State Park and Beech Fork State Park have not been
issued and sold and a contract for one of more of the projects at Cacapon State
Park and Beech Fork State Park have not been entered into or before January 1,
2018, all spending authority from the fund shall cease and all moneys in the
fund shall revert to the General Revenue Fund; continuing an independent
Tourism Commission within the Department of Commerce; establishing membership
of Tourism Commission; requiring that gubernatorial appointments to the board
be subject to the advice and consent of the Senate; setting forth
qualifications of board members; establishing duties of the commission; and
providing that documents, data and other writings related to furnishing
assistance to businesses, other than agreements entered into by the West
Virginia Tourism Office or West Virginia Development Office which obligate
public funds, are exempt from disclosure under the Freedom of Information Act.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate
Eng. Com. Sub. for Senate Bill
538, Creating special
conditions of parole.
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 Senate Bill 74, Allowing fire departments to charge fees for
service calls.
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 388,
Relating to dangerous
weapons.
On
At the request of Senator
Com. Sub. for Senate Bill 428,
Relating to partial filling
of prescriptions.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Senate Bill 433, Permitting counties increase excise tax on
privilege of transferring real property.
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 477,
Increasing State Road Fund
by raising DMV fees and motor fuel excise taxes.
On second reading, coming up in regular order, was read a second time.
At the request of Senator
Com. Sub. for Senate Bill 602,
Creating uniform system of
recording and indexing fictitious names used by sole proprietors.
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 622,
Relating generally to tax
procedures and administration.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Senate Bill 658, Establishing procedure for retitling mobile
and manufactured homes.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill
2486, Providing that when a
party?s health condition is at issue in a civil action, medical records and
releases for medical information may be requested and required without court
order.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Romano, the following
amendment to the bill was reported by the Clerk:
On page
Following discussion,
The question being on the adoption of Senator Romano's
amendment to the bill, the same was put and did not prevail.
The bill
Eng. Com. Sub. for House Bill
2811, Relating to the
definition of above ground storage tanks.
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 and joint resolution on first reading, coming up in
regular order, were each read a first time and ordered to second reading:
Com. Sub. for Com. Sub. for
Senate Bill 60, Relating to
eligibility and fraud requirements for public assistance.
Com. Sub. for Com. Sub. for Senate
Bill 281, Increasing number
of limited video lottery machines allowed at retail location.
Com. Sub. for Senate Bill 316,
Requiring individuals
receiving unemployment compensation apply for and accept seasonal employment.
Com. Sub. for Senate Bill 412,
Relating to WV Jobs Act
reporting requirements.
Com. Sub. for Senate Bill 437,
Discontinuing WV Greyhound
Breeding Development Fund.
Com. Sub. for Senate Bill 453,
Adding classification and
base salaries of certain civilian employees of WV State Police Forensic
Laboratory.
Senate Bill 493, Providing increase in compensation for
conservation officers.
Com. Sub. for Senate Bill 539,
Relating to regulation and
control of financing elections.
Senate Bill 566, Claims against state.
Com. Sub. for Senate Bill 586,
Changing fees for custom
slaughters from annual to triennial.
Com. Sub. for Senate Bill 647,
Relating generally to
additional county excise taxes on real property transfer.
Senate Joint Resolution 10, Eliminating Office of Surveyor of Lands
Amendment.
Eng. Com. Sub. for House Bill
2001, Relating to ethics
and transparency in government.
Eng. Com. Sub. for House Bill
2506, Relating to the
permit limit calculations and allowing overlapping mixing zones for calculating
permit limits for drinking water criteria.
And,
Eng. Com. Sub. for House Bill
2868, Relating generally to
Uniform Unclaimed Property Act.
The Senate proceeded to the twelfth order of business.
Remarks were made by
Thereafter, at the request of Senator
At the request of Senator Gaunch, and by unanimous consent, the Senate
returned to the eleventh order of business and the introduction of guests.
Pending announcement of meetings of standing and select committees of
the Senate,
On motion of Senator
____________