WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-THIRD LEGISLATURE

REGULAR SESSION, 2018

THIRD DAY

____________

Charleston, West Virginia, Friday, January 12, 2018

The Senate met at 11:03 a.m.

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

Prayer was offered by Seth Polk, Lead Pastor, Cross Lanes Baptist Church, Cross Lanes, West Virginia.

The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Charles S. Trump IV, a senator from the fifteenth district.

Pending the reading of the Journal of Thursday, January 11, 2018,

At the request of Senator Prezioso, unanimous consent being granted, the Journal was approved and the further reading thereof dispensed with.

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

Thereafter, at the request of Senator Ferns, and by unanimous consent, the remarks by Senator Weld as to the introduction of the members of the West Virginia Wing of the Civil Air Patrol were ordered printed in the Appendix to the Journal.

The following communication was reported by the Clerk:

The Senate of West Virginia

Charleston

Dear President Carmichael,

Since 2015, it has been an honor and a privilege to serve the citizens of southern West Virginia as their Senator. During those years, I had the ability to be part of many substantial, positive changes that have been so rewarding. More than three years ago, I chose to run for office so I could make a difference in the lives of the citizens in my district, and I believe that I have accomplished that by understanding the needs of the people of Raleigh, Wyoming, and McDowell County. They always gave me the perspective I needed to represent them.

It has been a pleasure to work closely with my colleagues in the Senate, and I can say that this great state is blessed to have a committed group of men and women who work diligently each day to make life better for all West Virginians. I feel a great deal of pride in everything we have done to put West Virginia on the map as a business-friendly state. The proof is in the legislation we have passed.

Although I remain fully committed to supporting southern West Virginia, I have come to the difficult decision that it would be best for me to resign from the West Virginia Senate, effective January 12, 2018. This was not a choice made without a great deal of thought and prayerful reflection. However, at this time my obligations to my business and my family simply must take priority. It is a pivotal time in my business as we grow throughout West Virginia and expand into other states. My focus must be on overseeing this transition, and I do not want the residents of the Ninth District to be without my full ability to represent them.

I would like to thank President Carmichael for his support throughout the last few years. He has been a solid foundation for me and I know that under his leadership great things will continue to happen. Also, thank you to my Republican colleagues for giving me the opportunity to be part of this tremendous team. It has been a pleasure.

And, finally, thank you citizens of the Ninth District for showing confidence in my ability to represent you. I have done so proudly. God bless you all and the great State of West Virginia.

Sincerely,

Jeff Mullins

The Senate proceeded to the fourth order of business.

Senator Karnes, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration

Senate Bill 130, Creating Tim Tebow Act.

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

Com. Sub. for Senate Bill 130 (originating in the Committee on Education)—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-25c, relating to education; providing for the Tim Tebow Act; permitting students instructed at home, by a private tutor or enrolled in a private, parochial, or church school or a school operated by a religious order, who do not attend a school that is a member of the West Virginia Secondary School Activities Commission to participate in extracurricular activities that are under the authority of the commission at a school that is a member of the commission; providing requirements, standards, and insurance coverage; and providing that accommodating schools may not be impeded from competing against other schools.

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

Respectfully submitted,

Robert Karnes,

Vice Chair.

The bill (Com. Sub. for S. B. 130), under the original double committee reference, was then referred to the Committee on Finance.

The Senate proceeded to the sixth order of business.

On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:

By Senator Beach:

Senate Bill 255—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §17-29-15a and §17-29-15b, all relating to prohibiting transportation network company drivers from soliciting rides or occupying designated cab stands; requiring such drivers to register annually with the local county commission at the commission’s discretion; and criminal penalties.

Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.

By Senator Cline:

Senate Bill 256—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-15-51, relating to requiring motor vehicles, trailers, or semitrailers having a hydraulically operated bed to have a warning device that will alert the operator when the vehicle is in motion and the bed is in an upward position; and requiring rulemaking.

Referred to the Committee on Transportation and Infrastructure.

By Senators Azinger and Cline:

Senate Bill 257—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-31A-1, §30-31A-2, §30-31A-3, and §30-31A-4, all relating to creating the West Virginia Counseling Protection Act; prohibiting state agencies and political subdivisions from denying or restricting mental health providers from providing counseling, or any patient from receiving counseling, intended to aid patients in self-determined objectives; providing for judicial relief; providing for attorney fees and costs; providing a purpose; making findings; and defining terms.

Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

By Senators Azinger and Cline:

Senate Bill 258—A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to dangerous weapons; license to carry deadly weapons; and exempting honorably discharged veterans of the armed forces of the United States from payment of fees and costs required to get a license to carry deadly weapons.

Referred to the Committee on Military; and then to the Committee on the Judiciary.

By Senators Jeffries, Stollings, Gaunch, Romano, and Swope:

Senate Bill 259—A Bill to amend and reenact §5-22-1 of the Code of West Virginia, 1931, as amended, relating to clarifying the process for assessing the lowest qualified responsible bidder in government construction contracts; amending definitions; requiring the total budget for the project to be listed in the solicitation; requiring the state or its subdivisions to list any alternates in their order of preference and evaluate bids based on that order; detailing how the base bid and the alternates shall be evaluated in order to determine a neutral low bidder; eliminating the ability of the state or its subdivisions to select alternates out of order to reach a favored bidder; and reorganizing certain requirements in current code for clarity purposes.

Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

By Senators Beach and Romano:

Senate Bill 260—A Bill to amend and reenact §17A-3-23 of the Code of West Virginia, 1931, as amended, relating to requiring state-owned or -leased vehicles be subject to registration requirements; requiring that state-owned or -leased vehicles have current registration; and requiring state-owned or -leased vehicles bear plates that indicate current registration.

Referred to the Committee on Government Organization; and then to the Committee on Finance.