Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

THIRTEENTH DAY

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Charleston, W. Va., Monday, January 20, 2014

    The Senate met at 1 p.m.

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

    Prayer was offered by Pastor Walter E. Clay, First Baptist Church of Lester, Lester, West Virginia, and Mercy Seat Missionary Baptist Church, Kyle, West Virginia.

    Pending the reading of the Journal of Friday, January 17, 2014,

    On motion of Senator Cann, 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 Senate then proceeded to the fourth order of business.

    Senator Kirkendoll, from the Committee on Pensions, submitted the following report, which was received:

    Your Committee on Pensions has had under consideration

    Senate Bill No. 184, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to Public Employees Retirement System.

    And,

    Senate Bill No. 197, Authorizing Municipal Pensions Oversight Board promulgate legislative rule relating to policemen's and firemen's pensions disability calculation.

    And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on Finance; and then to the Committee on the Judiciary.

                             Respectfully submitted,

                               Art Kirkendoll,

                                 Chair.

    The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary.

    The Senate proceeded to the sixth order of business.

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

    By Senators Beach and Stollings:

    Senate Bill No. 380--A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-6-1 of said code, all relating to redefining “all-terrain vehicle” and “utility terrain vehicle”.

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

    By Senators Stollings, Plymale and Unger:

    Senate Bill No. 381--A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required course of instruction in all public schools in West Virginia; and requiring instruction in cardiopulmonary resuscitation.

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

    By Senators Blair and Cookman:

    Senate Bill No. 382--A Bill to amend and reenact §16-2-11 of the Code of West Virginia, 1931, as amended, relating to exempting certain veterans’ organizations and active duty United States military organizations from local health boards’ regulations restricting indoor smoking.

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

    By Senators Tucker, Barnes, D. Hall and Snyder:

    Senate Bill No. 383--A Bill to amend and reenact §31-17A-2 of the Code of West Virginia, 1931, as amended, relating to permitting certain owners of residential real estate a limited exemption from the licensing requirements of the West Virginia Safe Mortgage Licensing Act for self-financed home financing.

    Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

    By Senators Tucker, Stollings and Barnes:

    Senate Bill No. 384--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-22; to amend and reenact §33-16-3q of said code; to amend and reenact §33-24-7h of said code; to amend and reenact §33-25-8f of said code; and to amend and reenact §33-25A-8g of said code, all relating generally to group accident and sickness insurance; hospital service corporations, medical service corporations, dental service corporations, health service corporations, health care corporations and health maintenance organizations; and prohibiting certain contracts of insurance from requiring subscribers to obtain prescription drugs from a mail-order pharmacy in order to obtain benefits for drugs.

    Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 385--A Bill to amend and reenact §29-22-18d of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §29-22A-10d and §29-22A-10e; to amend said code by adding thereto a new section, designated §29-22B-1409; to amend said code by adding thereto a new section, designated §29-22C-27a; and to amend said code by adding thereto a new section, designated §29-25-22b, all relating to the redirection of certain lottery revenues to the State Excess Lottery Revenue Fund; changing the distribution to the West Virginia Infrastructure Fund to $20 million for three years beginning in fiscal year 2014; reducing certain racetrack video lottery and limited video lottery net terminal income distributions by fifteen percent; reducing certain table games adjusted gross receipts distributions by fifteen percent; and reducing certain distributions from adjusted gross receipts and net terminal income from the historic resort hotel by fifteen percent.

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

    By Senators Stollings, Laird, Prezioso, Unger, Boley, M. Hall and Barnes:

    Senate Bill No. 386--A Bill to repeal §9-2-1a, §9-2-6a, §9-2-9b, §9-2-9c and §9-2-12a of the Code of West Virginia, 1931, as amended; to repeal §9-4C-2, §9-4C-2a, §9-4C-2b, §9-4C-3, §9-4C-4, §9-4C-5, §9-4C-6, §9-4C-7, §9-4C-8, §9-4C-9, §9-4C-10 and §9-4C-11 of said code; to repeal §9-5-8a, §9-5-11a, §9-5-11b, §9-5-11c and §9-5-16a of said code; to repeal §9-6-7, §9-6-8, §9-6-9, §9-6-10, §9-6-11, §9-6-12, §9-6-13, §9-6-14 and §9-6-15 of said code; to repeal §9-7-3a, §9-7-5a and §9-7-6a of said code; to amend and reenact §9-1-1 and §9-1-2 of said code; to amend said code by adding thereto two new sections, designated §9-1-3 and §9-1-4; to amend and reenact §9-2-1, §9-2-4, §9-2-5, §9-2-7, §9-2-8, §9-2-9, §9-2-10, §9-2-11 and §9-2-12 of said code; to amend said code by adding thereto three new sections, designated §9-2-13, §9-2-14 and §9-2-15; to amend and reenact §9-3-1, §9-3-2, §9-3-3, §9-3-4 and §9-3-5 of said code; to amend and reenact §9-4-1, §9-4-2, §9-4-3 and §9-4-4 of said code; to amend said code by adding thereto nine new sections, designated §9-4-5, §9-4-6, §9-4-7, §9-4-8, §9-4-9, §9-4-10, §9-4-11, §9-4-12 and §9-4-13; to amend and reenact §9-4A-1, §9-4A-2, §9-4A-3 and §9-4A-4 of said code; to amend said code by adding thereto a new section, designated §9-4A-5; to amend and reenact §9-4B-1, §9-4B-2, §9-4B-3, §9-4B-4, §9-4B-5, §9-4B-6, §9-4B-7 and §9-4B-8 of said code; to amend and reenact §9-4C-1 of said code; to amend and reenact §9-4D-1, §9-4D-2, §9-4D-3, §9-4D-4, §9-4D-5, §9-4D-6, §9-4D-7, §9-4D-8 and §9-4D-9 of said code; to amend said code by adding thereto a new section, designated §9-4D-10; to amend and reenact §9-4E-1, §9-4E-2 and §9-4E-3 of said code; to amend said code by adding thereto nine new sections, designated §9-4E-4, §9-4E-5, §9-4E-6, §9-4E-7, §9-4E-8, §9-4E-9, §9-4E-10, §9-4E-11 and §9-4E-12; to amend and reenact §9-5-1, §9-5-2, §9-5-3, §9-5-4, §9-5-5, §9-5-6, §9-5-7, §9-5-8, §9-5-9, §9-5-10, §9-5-11, §9-5-12, §9-5-13, §9-5-14, §9-5-15, §9-5-16, §9-5-17, §9-5-18, §9-5-19, §9-5-20 and §9-5-21 of said code; to amend said code by adding thereto a new section, designated §9-5-22; to amend and reenact §9-6-1, §9-6-2, §9-6-3, §9-6-4, §9-6-5 and §9-6-6 of said code; to amend and reenact §9-7-1, §9-7-2, §9-7-3, §9-7-4, §9-7-5, §9-7-6, §9-7-7, §9-7-8 and §9-7-9 of said code; and to amend said code by adding thereto seven new sections, designated §9-7-10, §9-7-11, §9-7-12, §9-7-13, §9-7-14, §9-7-15 and §9-7-16, all relating to the Department of Health and Human Resources.

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

    Senators Palumbo, Kessler (Mr. President), Unger, Plymale, Stollings, Jenkins, Walters, Cole, Barnes and Carmichael offered the following resolution:

    Senate Resolution No. 7--Designating Monday, January 20, 2014, as Generation West Virginia Day.

    Whereas, Generation West Virginia is the statewide movement committed to cultivating and engaging young talent for West Virginia citizens between the ages of twenty-one to forty-five; and

    Whereas, The future of West Virginia relies heavily on the retention, recruitment and advancement of young talent to ensure that our intellectual capital base is strong for the future success of our state's economy, communities and intellectual infrastructure; and

    Whereas, This collaborative and dynamic group of young talent within Generation West Virginia is creating an outstanding positive image within our state and on the national level by serving as a model for promoting young leaders and making our state a destination for young talent; and

    Whereas, Generation West Virginia is an innovative, results- oriented and dedicated organization that represents young talent from all walks of life, careers and communities, all of whom are committed to a positive and strong present and future for our great state; and

    Whereas, Those twenty-one to forty-five years of age in West Virginia include more than 600,000 of our state's population and represent our state's future base of workers, dreamers, innovators, educators, entrepreneurs, leaders and, most importantly, our hope for a successful future; and

    Whereas, These young leaders are not just the future of our state, but the rising leaders of today who are making it possible for West Virginia to compete successfully with the world; and

    Whereas, By working to make our state attractive for young talent, steps are being taken to encourage a "brain gain" for West Virginia that will build a strong future for our state to become a global leader; and

    Whereas, The Senate recognizes the importance of this growing movement and will listen and collaborate with its leadership and regional organizations to develop positive solutions and opportunities to create an abundance of prosperity in our state; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates Monday, January 20, 2014, as Generation West Virginia Day; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the representatives of Generation West Virginia.

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

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 8, Requesting DOH name bridge on Rt. 270 in West Milford, Harrison County, "USMC Cpl. Gene William Somers, 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.

    Senate Concurrent Resolution No. 9, Requesting DOH name portion of U.S. Rt. 522 "Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson Memorial Highway".

    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 eighth order of business.

    Eng. Com. Sub. for Senate Bill No. 278, Redefining "scrap metal".

    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: Barnes, Blair, Boley, Cann, Carmichael, Cole, Cookman, Edgell, Fitzsimmons, Green, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--30.

    The nays were: None.

    Absent: Beach, Chafin, Facemire and D. Hall--4.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 278) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Blair, Boley, Cann, Carmichael, Cole, Cookman, Edgell, Fitzsimmons, Green, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--30.

    The nays were: None.

    Absent: Beach, Chafin, Facemire and D. Hall--4.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 278) takes effect from passage.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    The Senate proceeded to the ninth order of business.

    Senate Bill No. 346, Making supplementary appropriation from Lottery Net Profits to DNR and Bureau of Senior Services.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    The Senate proceeded to the tenth order of business.

    Senate Bill No. 3, Creating Uniform Real Property Transfer on Death Act.

    On first reading, coming up in regular order, was read a first time and ordered to second reading.

    Com. Sub. for Senate Bill No. 29, Clarifying requirements for certain motor vehicle searches.

    On first reading, coming up in regular order, was read a first time and ordered to second reading.

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senators Snyder and Barnes.

    Thereafter, at the request of Senator Sypolt, and by unanimous consent, the remarks by Senator Barnes were ordered printed in the Appendix to the Journal.

    On motion of Senator Unger, leaves of absence for the day were granted Senators Facemire, Chafin, Beach and D. Hall.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, January 21, 2014, at 11 a.m.

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