Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

SIXTEENTH DAY

____________

Charleston, W. Va., Thursday, February 28, 2013

    The Senate met at 11 a.m.

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

    Prayer was offered by Pastor Rafe Allison, St. Timothy Lutheran Church, Charleston, West Virginia.

    Pending the reading of the Journal of Wednesday, February 27, 2013,

    On motion of Senator Cookman, 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 third order of business.

    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 No. 2477--A Bill to amend and reenact §17C-15-23 of the Code of West Virginia, 1931, as amended, relating to permitting certain auxiliary lighting on motorcycles.

    Referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the fourth order of business.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 47, Creating General Livestock Trespass Law.

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

    Com. Sub. for Senate Bill No. 47 (originating in the Committee on the Judiciary)--A Bill to repeal §19-18-4, §19-18-5, §19-18-6, §19-18-7, §19-18-8, §19-18-9, §19-18-10, §19-18-11 and §19-18-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §19-18-1, §19-18-2 and §19-18-3 of said code, all relating to providing a general livestock trespass law; prohibiting livestock from trespassing; clarifying damages that may be recovered; permitting containment of livestock; requiring owner of trespassing livestock be notified; requiring containment costs be negotiated; permitting containment costs to be recovered in court; permitting the sheriff to take possession of unclaimed livestock; permitting unclaimed livestock be sold at auction; setting forth how the proceeds of a livestock sale shall be distributed; and establishing misdemeanor penalties.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Williams, from the Committee on Economic Development, submitted the following report, which was received:

    Your Committee on Economic Development has had under consideration

    Senate Bill No. 122, Creating Creative Communities Development Act.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.

                             Respectfully submitted,

                               Bob Williams,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Economic Development pending.

    Senator Williams, from the Committee on Economic Development, submitted the following report, which was received:

    Your Committee on Economic Development has had under consideration

    Senate Bill No. 189, Increasing capital investment threshold for certain economic opportunity development districts.

    And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.

                             Respectfully submitted,

                               Bob Williams,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Finance.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 194, Repealing code relating to Medicaid program contract procedure.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 214, Eliminating interview requirement for certain medical licensee applicants.

    And reports the same back with the recommendation that it do pass.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 225, Authorizing Board of Barbers and Cosmetologists promulgate legislative rule relating to procedures, criteria and curricula for examination and licensure of barbers, cosmetologists, nail technicians, aestheticians and hair stylists.

    Senate Bill No. 251, Authorizing State Fire Commission promulgate legislative rule relating to State Building Code.

    Senate Bill No. 313, Authorizing Board of Social Work promulgate legislative rule relating to fee schedule.

    Senate Bill No. 315, Authorizing Board of Social Work promulgate legislative rule relating to applications.

    Senate Bill No. 316, Authorizing Board of Social Work promulgate legislative rule relating to continuing education for social workers and providers.

    Senate Bill No. 317, Authorizing Board of Social Work promulgate legislative rule relating to code of ethics.

    And,

    Senate Bill No. 318, Authorizing Board of Examiners for Speech-Language Pathology and Audiology promulgate legislative rule relating to licensure of speech pathology and audiology.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 226, Authorizing Board of Barbers and Cosmetologists promulgate legislative rule relating to barber apprenticeships.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 227, Authorizing Board of Barbers and Cosmetologists promulgate legislative rule relating to operational standards for schools of barbering and beauty culture.

    And has amended same.

    And,

    Senate Bill No. 252, Authorizing State Fire Commission promulgate legislative rule relating to volunteer firefighters' training, equipment and operating standards.

    And has amended same.

    And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.

    Senator Yost, from the Committee on Labor, submitted the following report, which was received:

    Your Committee on Labor has had under consideration

    Senate Bill No. 271, Authorizing Division of Labor promulgate legislative rule relating to bedding and upholstered furniture.

    Senate Bill No. 272, Authorizing Division of Labor promulgate legislative rule relating to Amusement Rides and Attractions Safety Act.

    Senate Bill No. 273, Authorizing Division of Labor promulgate legislative rule relating to supervision of elevator mechanics and apprentices.

    Senate Bill No. 274, Authorizing Division of Labor promulgate legislative rule relating to Crane Operator Certification Act.

    And,

    Senate Bill No. 275, Authorizing Division of Labor promulgate legislative rule relating to Crane Operator Certification Act--practical examination.

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

                             Respectfully submitted,

                               Jack Yost,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 335, Permitting certain hospitals exemption from certificate of need.

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

    Com. Sub. for Senate Bill No. 335 (originating in the Committee on Government Organization)--A Bill to amend and reenact §16-2D-4 of the Code of West Virginia, 1931, as amended, relating to permitting certain hospitals to request an exemption from certificates of need for health care facilities in specific instances.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 338, Relating to liability of possessor of real property for harm to trespasser.

    And reports the same back with the recommendation that it do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Senate Bill No. 394--A Bill to amend and reenact §15-2-33 of the Code of West Virginia, 1931, as amended; and to amend and reenact §15-2A-12 of said code, all relating to scholarships for dependent children of state troopers who die in performance of duty; and stating amount available per year.

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

    By Senators Barnes, Blair, Cole, Williams, D. Hall, M. Hall, Beach, Nohe and McCabe:

    Senate Bill No. 395--A Bill to amend and reenact §20-2-7 of the Code of West Virginia, 1931, as amended, relating to hunting, trapping or fishing on lands of another person; and absolving the landowner and his or her tenant or agent of civil liability for injuries suffered by a person hunting, trapping or fishing on his or her lands with or without written permission.

    Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.

    By Senators Barnes and Nohe:

    Senate Bill No. 396--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-11B-1, §5-11B-2 and §5-11B-3, all relating to establishing the West Virginia Religious Freedom Restoration Act; short title; definitions; applicability; construction; and remedies.

    Referred to the Committee on the Judiciary.

    By Senators Unger, Kessler (Mr. President) and Beach:

    Senate Bill No. 397--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §12-6D-1, §12-6D-2, §12-6D-3, §12-6D-4, §12-6D-5, §12-6D-6, §12-6D-7, §12-6D-8 and §12-6D-9, all relating to investments of the West Virginia Investment Management Board; creating the Protecting West Virginia’s Investments Act; providing legislative findings; providing definitions; requiring the West Virginia Investment Management Board to identify all companies in which public moneys are invested that are doing certain types of investments in Iran; requiring the board to create and maintain certain scrutinized company lists that name all such companies; providing that a company may be removed from the list under certain conditions; providing for reintroduction of a company onto the list; requiring the board to divest of all directly held, publicly traded securities of a scrutinized company under certain conditions; providing exceptions to the divestment requirement; prohibiting the board from acquiring securities of scrutinized companies that have certain active investments; providing exceptions to the investment prohibition; providing an additional exception from the divestment requirement and the investment prohibition to certain indirect holdings in actively managed investment funds; requiring the board to file a report with each member of the West Virginia Investment Management Board, the President of the Senate and the Speaker of the House of Delegates within a specified period after creation of each scrutinized companies list; requiring the annual filing of an updated report; requiring that the report contain certain information; requiring annual updates to such reports when applicable; requiring certain information to be included in the investment policy statement; providing for severability; and providing an effective date.

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

    By Senators Stollings, Kirkendoll, Miller, Laird, D. Hall and Beach:

    Senate Bill No. 398--A Bill to amend and reenact §29-26-2 of the Code of West Virginia, 1931, as amended, relating to modifying funding assistance from the Courthouse Facilities Improvement Authority; and changing the definition of facilities that are eligible for funding assistance from courthouse facilities that are occupied by county or judicial officials to ones that are currently owned and occupied by those officials or upon renovation will be owned and occupied by those officials.

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

    By Senators Tucker, D. Hall and Chafin:

    Senate Bill No. 399--A Bill to amend and reenact §33-12B-1 and §33-12B-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-12B-4a, all relating to insurance; licensure of insurance adjusters; definitions, including a definition of “automated claims adjudication system”; and exemptions for certain individuals from adjuster licensure in this state and licensing of residents of Canada in this state.

    Referred to the Committee on Banking and Insurance.

    By Senators Carmichael and Chafin:

    Senate Bill No. 400--A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to making all municipalities eligible to participate in the Municipal Home Rule Pilot Program; and extending certain dates.

    Referred to the Committee on Government Organization.

    By Senators Snyder and Chafin:

    Senate Bill No. 401--A Bill to amend and reenact §30-13-6, §30-13-13, §30-13-15 and §30-13-17 of the Code of West Virginia, 1931, as amended, all relating to compensating members of the Board of Registration for Professional Engineers at same rate as legislative interim pay; providing for registration of engineers generally; adding additional classifications of registration; setting forth qualifications for engineer interns; updating examination provisions to comport with changes at the national level; and clarifying the certificate of authorization requirement.

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

    By Senators Snyder and Miller:

    Senate Bill No. 402--A Bill to repeal §48-26-404, §48-26-405, §48-26-601, §48-26-602, §48-26-901, §48-26-902, §48-26-1003, §48-26-1005, §48-26-1006 and §48-26-1007 of the Code of West Virginia, 1931, as amended; to amend and reenact §48-26-202, §48-26-203, §48-26-204, §48-26-205, §48-26-206, §48-26-301, §48-26-401, §48-26-402, §48-26-403, §48-26-406, §48-26-603, §48-26-604, §48-26-701, §48-26-1001, §48-26-1002 and §48-26-1004 of said code; and to amend said code by adding thereto nine new sections, designated §48-26-207, §48-26-208, §48-26-209, §48-26-210, §48-26-211, §48-26-212, §48-26-213, §48-26-214 and §48-26-407, all relating to the Family Protection Services Board; revising definitions; adding definitions; revising qualifications for membership on the board; adding two new members to the board; clarifying that the two ex officio members have voting privileges; providing for appointments for unexpired terms; providing appointments for members who become disqualified; authorizing legislative rules; increasing the percentage of board funds which may be used for administrative functions; authorizing the board to develop formulas to direct funds to certain programs; prohibiting programs from falsely representing that they are licensed; authorizing the board to develop preliminary and full application forms; providing for conditional, provisional and full licenses; authorizing the board to issue licenses for up to three years; authorizing the board to issue notices to cease and desist; setting forth procedures for hearings and appeals; requiring programs to report annually to the board; and providing confidentiality protections for programs participants.

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

    By Senators Palumbo, Chafin and Kessler (Mr. President):

    Senate Bill No. 403--A Bill to amend and reenact §51-9-4 of the Code of West Virginia, 1931, as amended, relating to the judicial retirement system; reducing the contribution rate of judges; authorizing the Consolidated Public Retirement Board to annually establish future participant contribution rates based on the State Actuary’s report; and limiting the participant contribution rate to ten and one-half percent of a participant’s salary.

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

    Senators Cann, Facemire, Williams, Chafin and McCabe offered the following resolution:

    Senate Concurrent Resolution No. 13--Requesting the Division of Highways to name the bridge over Skin Creek on Skin Creek Road in Lewis County, bridge number 21-30-7.25, the “J. Cecil Jarvis Memorial Bridge”.

    Whereas, J. Cecil Jarvis was born on May 11, 1949, in Clarksburg, West Virginia, and passed away as a result of a bicycle crash on the bridge over Skin Creek on Skin Creek Road in Lewis County on May 27, 2007; and

    Whereas, J. Cecil Jarvis grew up in Clarksburg, West Virginia, and graduated from Washington Irving High School; and

    Whereas, J. Cecil Jarvis graduated from Lehigh University and Vanderbilt Law School; and

    Whereas, J. Cecil Jarvis practiced for over thirty years with the Clarksburg, West Virginia, law firm of McNeer, Highland, McMunn & Varner; and

    Whereas, J. Cecil Jarvis was a member of the Bridgeport United Methodist Church of Bridgeport, West Virginia; and

    Whereas, J. Cecil Jarvis was survived by his wife, Rebecca, his children, Amy, Jennie and Brian, and his grandchildren, Nathan, John, Henry, Cole and Evelynn; and

    Whereas, J. Cecil Jarvis served two terms on the board of directors of United Hospital Center, was chairman of the board for several years and was a leader and champion of the fund raising for and building of the new United Hospital Center Building; and

    Whereas, J. Cecil Jarvis served on the board of directors of the West Virginia United Health System, and was highly instrumental in merging United Hospital Center into the West Virginia United Health System; and

    Whereas, J. Cecil Jarvis served as president of Clarksburg Publishing Company from 2002 until his passing, publishing the widely circulated Clarksburg Exponent-Telegram, and contributing a weekly column based on estate planning and taxation; and

    Whereas, J. Cecil Jarvis served on the board of the Harrison County Chamber of Commerce and served as president of the Harrison County Bar Association; and

    Whereas, J. Cecil Jarvis was a strong advocate for healthy living, pursuing athletic and outdoor activities at every opportunity, including hunting, fishing, four Iron Man triathlons and two Boston marathons, the last completed shortly before his passing; and

    Whereas, It is fitting and proper that J. Cecil Jarvis’ life, distinguished career, service to his community and the outstanding example he set for his peers and members of the next generation be honored by naming the bridge over Skin Creek on Skin Creek Road in Lewis County, bridge number 21-30-7.25, the “J. Cecil Jarvis Memorial Bridge”; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name the bridge over Skin Creek on Skin Creek Road in Lewis County, bridge number 21-30-7.25, the “J. Cecil Jarvis Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “J. Cecil Jarvis Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of J. Cecil Jarvis.

    Which, under the rules, lies over one day.

    Senators Facemire, Cann, Unger, Yost, Chafin, Miller, Plymale and Williams offered the following resolution:

    Senate Resolution No. 22--Congratulating the Shinnston Little League All-Star team for winning the 2012 West Virginia Little League Championship.

    Whereas, The Shinnston Little League All-Star team had an amazing summer, which resulted in the team winning the 2012 West Virginia Little League Championship with an 11-10 victory over Barboursville in the championship game; and

    Whereas, The Shinnston Little League All-Star team represented West Virginia in the Southeast Regional Championship of the Little League World Series; and

    Whereas, The Shinnston Little League All-Star team is led by manager Carl Hoskinson and coaches Jarrod Carpenter and Randy Akers; and

    Whereas, The Shinnston Little League All-Star team consists of players Noah Hoskinson, Kobie Carpenter, Spencer McDougal, Gibson Barnard, Noah Strader, Isaiah Barksdale, David Akers, Nathanael Thompson, Dustin Marks and Hunter McGary; and

    Whereas, The Shinnston Little League All-Star team displayed its strong will and determination for an entire summer and is a shining example of what can be accomplished through teamwork, dedication and commitment; therefore, be it

    Resolved by the Senate:

    That the Senate hereby congratulates the Shinnston Little League All-Star team for winning the 2012 West Virginia Little League Championship; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Shinnston Little League All-Star team.

    At the request of Senator Facemire, 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.

    Com. Sub. for Senate Concurrent Resolution No. 5, Requesting DOH name bridge in Wetzel County "Army Sgt. Norman R. Cunningham Memorial Bridge".

    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 and request concurrence therein.

    The Senate proceeded to the ninth order of business.

    Com. Sub. for Senate Bill No. 172, Relating to nonintoxicating beer distributor licensees.

    On second reading, coming up in regular order, was reported by the Clerk.

    At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

    The Senate proceeded to the tenth order of business.

    Senate Bill No. 197, Expiring funds from State Fund, General Revenue, and making supplementary appropriations to various accounts.

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

    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, March 1, 2013, at 11 a.m.

____________