Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

SECOND DAY

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Charleston, W. Va., Thursday, January 9, 2014

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend Paul Allen, Associate Pastor, Living Faith Fellowship, Keyser, West Virginia.

    Pending the reading of the Journal of Wednesday, January 8, 2014,

    On motion of Senator Boley, the Journal was approved and the further reading thereof dispensed with.

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

    The Clerk presented a communication from the Board of Barbers and Cosmetologists, submitting its annual report, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Children's Health Insurance Program, submitting its annual report as required by chapter five, article sixteen-b, section three of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Chiropractic, submitting its biennial reports for fiscal years 2011 and 2012 and fiscal years 2012 and 2013, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Dentistry, submitting its biennial report for fiscal years 2012 and 2013 as required by chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the State Board of Registration for Professional Engineers, submitting its annual report, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Department of Environmental Protection, submitting its report on air quality impacts occurring from horizontal well drilling and related activities as required by chapter twenty-two, article six-a, section twenty-two of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Department of Environmental Protection, submitting is final integrated water quality monitoring and assessment report, in accordance with chapter twenty-two, article eleven, section twenty-eight of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Department of Environmental Protection, submitting its report on noise, light, dust and volatile organic compounds generated by the drilling of horizontal wells as required by chapter twenty-two, article six-a, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Department of Environmental Protection, submitting its annual report of the Oil and Gas Operating Permit and Processing Fund, in accordance with chapter twenty-two, article six, section twenty-nine of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Department of Environmental Protection, submitting its annual Oil and Gas Reclamation Fund report as required by chapter twenty-two, article six, section twenty-nine of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Department of Environmental Protection, submitting its 2013 Waiver Report, in accordance with chapter twenty-two, article six-a, section two of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Division of Forestry, submitting its annual Outdoor Heritage Conservation Fund report as required by chapter five-b, article two-g, section six of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Department of Health and Human Resources, submitting its annual report of the James “Tiger” Morton Catastrophic Illness Commission, in accordance with chapter sixteen, article five-q, section two of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Department of Health and Human Resources, submitting its annual report of the Sudden Infant Death Syndrome Prevention Project as required by chapter sixteen, article one, section six of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Higher Education Policy Commission and the Council for Community and Technical Education, submitting its annual veterans initiatives report, in accordance with chapter eighteen-b, article four, section nine of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Higher Education Policy Commission, submitting its annual system performance report as required by chapter eighteen-b, article one-b, section four of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Division of Highways, submitting its annual financial report, in accordance with chapter seventeen, article three, section one-a of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Offices of the Insurance Commissioner, submitting its annual report of Medical Professional Liability Insurance as required by chapter thirty-three, article twenty-b, section seven of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the State Board of Examiners for Licensed Practical Nurses, submitting its biennial report for fiscal years 2012 and 2013, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the West Virginia Lottery, submitting its annual financial report as required by chapter twenty-nine, article twenty-two, section twenty of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Medical Imaging and Radiation Therapy Technology Board of Examiners, submitting its biennial report for fiscal years 2012 and 2013, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Office of Miners’ Health, Safety and Training, submitting its coal mine safety report as required by chapter twenty-two-a, article twelve, section one of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Nursing Home Administrators Licensing Board, submitting its annual report in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Occupational Therapy, submitting its biennial report for fiscal years 2012 and 2013 as required by chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Osteopathic Medicine, submitting its biennial report for fiscal years 2012 and 2013, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Division of Personnel, submitting its annual report as required by chapter twenty-nine, article six, section seven of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Physical Therapy, submitting its biennial report for fiscal years 2012 and 2013, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Examiners of Psychologists, submitting its biennial report for fiscal years 2012 and 2013 as required by chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the State Rail Authority, submitting its annual financial report, in accordance with chapter twenty-nine, article eighteen, section seventeen of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Real Estate Appraiser Licensing and Certification Board, submitting its biennial report for fiscal years 2012 and 2013 as required by chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Real Estate Commission, submitting its biennial report for fiscal years 2012 and 2013, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Sanitarians, submitting its biennial report for fiscal years 2012 and 2013 as required by chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Examiners for Speech-Language Pathology and Audiology, submitting its biennial report for fiscal years 2012 and 2013, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the State Police, submitting its annual report on its effectiveness in recruiting females and other minorities as required by chapter fifteen, article two, section seven of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Professional Surveyors, submitting its annual report, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    Senator Kessler (Mr. President) presented a communication from the Office of the Attorney General, submitting its annual report of the Consumer Protection and Antitrust Division as required by chapter forty-six-a, article seven, section one hundred two of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    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 Senators Cann, Williams, Cookman and Palumbo:

    Senate Bill No. 307--A Bill to amend and reenact §62-11C-5 and §62-11C-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4 and §62-11F-5, all relating to authorizing community corrections programs to operate pretrial release program; permitting certain fees to be assessed to county commissions; permitting certain fees to be assessed to persons on pretrial release; stating applicability of pretrial release programs; establishing guidelines for pretrial release programs; providing for potential funding sources; requiring community pretrial committees to recommend release of certain persons facing criminal charges who are in regional jails prior to adjudication; and setting forth the duties of pretrial release programs.

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

    By Senators Cann, Plymale, Williams, McCabe, Stollings and Fitzsimmons:

    Senate Bill No. 308--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-11C-1, §18B-11C-2, §18B-11C-3, §18B-11C-4 and §18B-11C-5, all relating to the creation of the Shale Research, Education, Policy and Economic Development Center at West Virginia University.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senator Cann:

    Senate Bill No. 309--A Bill to amend and reenact §18C-7-3 of the Code of West Virginia, 1931, as amended, relating to including Salem International University as an eligible institution and modifying provisions regarding the higher education institutions that are eligible to continue to receive PROMISE scholarship funds.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senators Palumbo and Cookman:

    Senate Bill No. 310--A Bill to amend and reenact §61-5-29 of the Code of West Virginia, 1931, as amended, relating to adjusting penalties for willful failure to pay child support; requiring probation and home confinement instead of confinement in a correctional facility for first violations; creating the misdemeanor offense of a second conviction of willfully failing to pay child support; creating a felony offense of a third or subsequent conviction of willfully failing to pay child support; and requiring certain persons convicted of willfully failing to pay child support to promptly obtain employment or register with WorkForce West Virginia and complete certain programs.

    Referred to the Committee on the Judiciary.

    By Senators Chafin, M. Hall, Jenkins, Miller, Laird and D. Hall:

    Senate Bill No. 311--A Bill to amend and reenact §17-16A-13 of the Code of West Virginia, 1931, as amended, relating to requiring the West Virginia Parkways, Economic Development and Tourism Authority to transfer a certain portion of the revenues generated from its operation of the highway formerly known as the West Virginia Turnpike to the county commissions where that highway is located.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.

    By Senators Cann, Williams, Wells, McCabe, Stollings and Palumbo:

    Senate Bill No. 312--A Bill to amend the Code of West Virginia, 1931, as amended, 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, §5B-2I-8, §5B-2I-9, §5B-2I-10, §5B-2I-11, §5B-2I-12, §5B-2I-13, §5B-2I-14, §5B-2I-15, §5B-2I-16, §5B-2I-17, §5B-2I-18, §5B-2I-19, §5B-2I-20, §5B-2I-21, §5B-2I-22, §5B-2I-23, §5B-2I-24, §5B-2I-25, §5B-2I-26, §5B-2I-27, §5B-2I-28, §5B-2I-29, §5B-2I-30, §5B-2I-31, §5B-2I-32, §5B-2I-33, §5B-2I-34, §5B-2I-35, §5B-2I-36, §5B-2I-37, §5B-2I-38, §5B-2I-39, §5B-2I-40 and §5B-2I-41; to amend said code by adding thereto a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5, §11-6L-6 and §11-6L-7; and to amend said code by adding thereto a new article, designated §11-21A-1, §11-21A-2, §11-21A-3, §11-21A-4, §11-21A-5, §11-21A-6, §11-21A-7, §11-21A-8, §11-21A-9, §11-21A-10, §11-21A-11, §11-21A-12, §11-21A-13, §11-21A-14, §11-21A-15, §11-21A-16, §11-21A-17 and §11-21A-18, all relating generally to economic development and job creation; creating the West Virginia Project Launchpad Act; providing short title; providing legislative purpose and finding; defining certain terms; providing criteria for establishment of West Virginia project launchpads by Governor; allowing county commissions and county councils to apply for launchpad designations; providing for form and content of applications; specifying process for review of applications and criteria for designating geographic areas as launchpads and for expansion and decertification of launchpads; providing economic benefits for businesses locating or expanding in launchpads including state and local tax relief and other economic benefits; prohibiting qualified businesses in a launchpad from employing illegal aliens, engaging in illegal activity or being delinquent in payment of state and local taxes; permitting transfer of economic benefits to successor businesses; requiring qualified business to comply with applicable zoning laws and state and local building and other codes; providing for recapture of taxes and other economic benefits under specified circumstances; promulgation of rules; imposing civil and criminal penalties for noncompliance; providing rules of application and construction; requiring periodic reports to Governor and Legislature; providing for severability and expiration; providing a special method for appraising property in launchpad for economic development; providing short title; defining certain terms; providing method of valuation of launchpad property; providing for initial determination of value by assessor and for protest and appeals; requiring periodic reports to Governor and Legislature and specifying effective dates; creating the Promoting West Virginia Employment Act; providing short title and scope of article; defining certain terms; providing qualification for benefits; specifying benefits upon application and review; specifying annual cap on benefits; providing for recapture of benefits; providing for administration and enforcement of article including issuance of regulations; requiring periodic reports to Governor and Legislature; and specifying effective dates.

    Referred to the Committee on Economic Development; and then to the Committee on Finance.

    By Senators Snyder, McCabe and Miller:

    Senate Bill No. 313--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-1-10, relating to requiring the Director of the Consumer Advocate Division of the Public Service Commission be appointed by the Governor with advice and consent of the Senate.

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

    By Senator Wells:

    Senate Joint Resolution No. 8--Proposing an amendment to the Constitution of the State of West Virginia, amending section fifty-one, article VI thereof; and section fourteen, article VII thereof, all relating to ensuring the Legislature’s opportunity to reconsider any bill vetoed by the Governor; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

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

    Senators Williams, Sypolt, Cookman, Blair, Plymale, Prezioso, Yost, Beach, Jenkins, Green, Miller, Laird, McCabe, Stollings, D. Hall and Fitzsimmons offered the following resolution:

    Senate Resolution No. 3--Honoring the life and public service of Mineral County native Harley Orrin Staggers, Sr., on Mineral County Day at the Legislature.

    Whereas, Harley Orrin Staggers, Sr., was born August 3, 1907, in Keyser, Mineral County, West Virginia; and

    Whereas, Harley Orrin Staggers, Sr., graduated from Keyser High School, received his college degree from Emory and Henry College and served as a Lieutenant Commander in the United States Navy during World War II; and

    Whereas, After his service in the United States Navy, Harley Orrin Staggers, Sr., continued his service to his country and state by serving in the United States House of Representatives, representing the second congressional district of West Virginia from 1949 until 1981; and

    Whereas, Among his many accomplishments in Congress, Harley Orrin Staggers, Sr., is best known for the passage of the Staggers Act of 1980, which helped pave the way for a thriving railroad industry in West Virginia and throughout the country; and

    Whereas, After a long and productive life of public service, Harley Orrin Staggers, Sr., died on August 20, 1991, and was buried on his farm where the inscription on his gravestone encompasses his public service belief: “What a man does for himself dies with him; what he does for others lives forever”; and

    Whereas, From a life of humble beginnings in rural Mineral County to the halls of Congress, it is fitting to honor Mineral County native Harley Orrin Staggers, Sr., on Mineral County Day at the Legislature, for his dedicated public service to Mineral County, the entire State of West Virginia and the United States of America; therefore, be it

    Resolved by the Senate:

    That the Senate hereby honors the life and public service of Mineral County native Harley Orrin Staggers, Sr., on Mineral County Day at the Legislature; and, be it

    Further Resolved, That the Senate expresses its sincere gratitude to Harley Orrin Staggers, Sr., for his everlasting contributions to Mineral County and the State of West Virginia; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives from Mineral County and to the family of Harley Orrin Staggers, Sr.

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

    On motion of Senator Unger, the Senate recessed for one minute.

    Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

    Senators Beach, Plymale, Prezioso, Yost, Williams, Green, Stollings, D. Hall and Palumbo offered the following resolution:

    Senate Resolution No. 4--Celebrating the achievements and contributions of Monongalia County and its citizens to the great State of West Virginia.

    Whereas, Monongalia County was founded in 1776 after being settled by a small group of people along the banks of Decker’s Creek, and has grown to a present-day population of approximately one hundred thousand people and growing daily; and

    Whereas, Monongalia County is home to West Virginia University, a public land-grant institution, founded in 1867, and recognized as a top research university by the Carnegie Foundation for the Advancement of Teaching. WVU welcomes and shapes the minds of students from across the State of West Virginia, every state in the United States and approximately one hundred other nations; and

    Whereas, Monongalia County offers to its citizens and visitors from around the world the best in medical care; tourism experiences from Mountainfest to the University Arts Series; a beautiful view from Cooper’s Rock to a peaceful stroll on the Caperton Trail; top-rated educational experiences at all levels; a thriving and innovative business community; a nationally acclaimed economic model; and a place that offers big-city amenities with the neighborly feel of small-town life; and

    Whereas, Monongalia County has been recognized in recent years in the following ways: “Best Performing Small Metros” (Milken Institute); “Best Small Metros for Business and Careers” (Forbes); “Best Quality of Life and Knowledge Worker Metros” (Expansion Manage.); “Smart Places to Live” (Kiplinger’s); “Boom Town” (Inc.); “Morgantown-Top College Destination” (American Institute for Economic Research); “Best Places to Retire for under $100 a Day” (AARP); “Most Secure Small Cities” (Farmer’s Insurance); “Adventure Town” (National Geographic Adventure Magazine); “Best Small Town to Live” (Men’s Journal); and “Best Sports Cities” (Sporting News); and

    Whereas, In Monongalia County, from Blacksville to Star City, from Westover to Granville, in the heart of Morgantown and everywhere in between, every day is a Great Day to be a Mountaineer; therefore, be it

    Resolved by the Senate:

    That the Senate hereby celebrates the achievements and contributions of Monongalia County and its citizens to the great State of West Virginia; and, be it

    Further Resolved, That the Senate acknowledges the vibrancy and contributions made to our state and nation by the people, past and present, of Monongalia County; and, be it

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

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

    On motion of Senator Unger, the Senate recessed for one minute.

    Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 1, Requesting DOH name Becky's Creek Bridge, Randolph County, "Army Sgt. Cecil W. Kittle, Jr., Memorial Bridge".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

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

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, January 10, 2014, at 10 a.m.

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