WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2014
TWENTY-NINTH DAY
____________
Charleston, W. Va., Wednesday, February 5, 2014
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by Pastor LaDeana Teets, Elkins Church of the Brethren, Elkins, West Virginia.
Pending the reading of the Journal of Tuesday, February 4, 2014,
On motion of Senator McCabe, 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 Veterinary Medicine, submitting its annual report 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 Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4147--A Bill to amend and reenact §15-5-1 and §15-5-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §46A-6J-1, §46A-6J-2, §46A-6J-3 and §46A-6J-4 of said code, all relating to emergency preparedness; revising the policy statement for the Division of Homeland Security and Emergency Management; authorizing the Governor or the Legislature to declare a state of preparedness; limiting a state of preparedness to thirty days; identifying conditions that permit a declaration of a state of preparedness; adding the term “state of preparedness” to where “state of emergency” is referred throughout the code; providing that a state of preparedness has the same effect as a state of emergency for the purposes of the Emergency Management Assistance Compact and the Statewide Mutual Aid System; revising the definition of “state of emergency” in the West Virginia Consumer Protection Act; defining “state of preparedness” in the West Virginia Consumer Protection Act; requiring notification of a state of preparedness by the Secretary of State; and making other technical and stylistic revisions.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
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. 4186--A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to the procedures for issuing a concealed weapon license; adding requirements to ensure that an applicant is not prohibited under the provisions of state or federal law from the receipt or possession of a firearm.
Referred to the Committee on the Judiciary.
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 No. 4287--A Bill to amend and reenact §16-5O-2, §16-5O-3, §16-5O-5, §16-5O-6, §16-5O-7, §16-5O-8, §16-5O-10 and §16-5O-12, of the Code of West Virginia, 1931, as amended, relating to the performance of certain functions by approved medication assistive personnel; defining terms; updating terminology; requiring the authorizing agency to collaborate with the Board of Respiratory Care; adding requirements to be completed by a registered nurse to become a trainer; requiring the department to maintain a list of unauthorized individuals; and changing the membership of the advisory committee.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4332--A Bill to amend and reenact §16-2D-5c of the Code of West Virginia, 1931, as amended, relating to extending the time that certain nonprofit community groups are exempt from the moratorium on creating new nursing home beds.
Referred to the Committee on Health and Human Resources.
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
Com. Sub. for House Concurrent Resolution No. 10--Requesting that bridge number 8-11-0.01 (BARS Number 08A118), crossing Elk River on County Route 11 at Clay, West Virginia, in Clay County, and locally known as the new Dundon Bridge, be named the “Veterans Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
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 No. 14--Requesting that bridge number 8-15-4.55 (BARS Number 08A032) crossing Dog Run on West Virginia Route 15, in Clay County, West Virginia, be named the “Army Specialist Fifth Class Elton Dale Workman Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
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
Com. Sub. for House Concurrent Resolution No. 19--Requesting that bridge number 49-151-0.68 (49A069) on Route 151 in Upshur County, West Virginia, the “Army Specialist 4 William Lewis Reger Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
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
Com. Sub. for House Concurrent Resolution No. 23--Requesting the Division of Highways to name bridge number 49-13-1.57 (49A102) in Upshur County as the “Army Sgt. Walter William Smith Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
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 No. 40--Designating “Take Me Home Country Roads” written by John Denver, Taffy Nivert, and Bill Danoff and initially recorded by John Denver, an official state song.
Referred to the Committee on Government Organization.
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
Com. Sub. for House Concurrent Resolution No. 54--Requesting the Division of Highways to name bridge number 25-19-13.93 (25A049), on Route 19 in Rivesville, crossing Paw Paw Creek in Marion County, the “Chief Denzil O. Lockard Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
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
Com. Sub. for House Concurrent Resolution No. 55--Requesting that bridge number 25-19-14.29 (25A052) on Route 19 over Pharaoh Run Creek in Marion County, West Virginia, the “Alex Angelino Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Cookman, 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 4th day of February, 2014, 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:
(S. B. No. 346), Making supplementary appropriation from Lottery Net Profits to DNR and Bureau of Senior Services.
Respectfully submitted,
Donald H. Cookman,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 6, Regulating sale of drug products used in manufacture of methamphetamine.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 6 (originating in the Committee on Health and Human Resources)--A Bill to repeal §60A-10-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-2-210 and §60A-2-212 of said code; and to amend and reenact §60A-10-2, §60A-10-3, §60A-10-4 and §60A-10-7 of said code, all relating to the Methamphetamine Lab Eradication Act and the prevention of the production of methamphetamine; requiring certain drug products be obtained by prescription only; moving certain drug products from Schedule V to Schedule IV; providing an exception for drug products that cannot be feasibly converted into methamphetamine; making legislative findings; defining terms; prohibiting pharmacies from selling certain drugs that can be used in the production of methamphetamine without a prescription; creating a criminal offense for possession of certain substances without a prescription with intent to transfer to another to make methamphetamine; permitting the sale of certain drugs without a prescription where the Board of Pharmacy determines that the drugs are not feasible for being used for the manufacture of methamphetamine; updating the maximum amounts persons are permitted to purchase of certain drugs that cannot feasibly be converted into methamphetamine; adjusting the requirements of the Multi-State Real-Time Tracking System; removing certain outdated language; and providing rule-making authority to the Board of Pharmacy to implement emergency and legislative rules, which will provide procedures for which products may be sold over-the-counter and which require a prescription and other information necessary to implement the Methamphetamine Lab Eradication Act.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
The bill (Com. Sub. for S. B. No. 6), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 100, Authorizing operation of low-speed vehicles on certain municipal roads.
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 Government Organization.
Respectfully submitted,
Robert D. Beach,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Government Organization.
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. 139, Authorizing Office of Miners' Health, Safety and Training promulgate legislative rule relating to program for sharing of information between employees.
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 the Judiciary.
Respectfully submitted,
Jack Yost,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 140, Authorizing Office of Miners' Health, Safety and Training promulgate legislative rule relating to substance abuse screening, standards and procedure.
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 the Judiciary.
Respectfully submitted,
Jack Yost,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Labor pending.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 252, Allowing certain expelled students to return to school through Juvenile Drug Court.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 252 (originating in the Committee on Education)--A Bill to amend and reenact §18A-5-1a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18A-5-1d, all relating to allowing the county board of education and certain other individuals to refer an expelled pupil to a Juvenile Drug Court; providing for pupil who successfully completes or is certified as making satisfactory progress toward successful completion of Juvenile Drug Court to return to school by a lessening of the period of expulsion; and providing exception when a pupil brings a firearm to or possesses a firearm in a school.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Judiciary.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 252), under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 411, Raising minimum wage.
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,
Jack Yost,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 426, Relating to appointments to certain higher education commissions, councils and boards.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 431, Relating to issuance and renewal of driver's licenses.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 431 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17B-2-8, §17B-2-12 and §17B-2-12a of the Code of West Virginia, 1931, as amended, all relating to issuance and renewal of driver's licenses; changing the renewal cycle for driver's licenses from five to eight years; allowing the commissioner to provide a program for online renewal of driver’s licenses; providing an additional fee for the issuance of driver’s license issued for federal use; permitting more uses for military identification cards; permitting license expiration notifications by electronic means; and clarifying that a driver’s license which is valid for the operation of a commercial motor vehicle shall be issued in accordance with chapter seventeen-e of the West Virginia Code.
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 D. Beach,
Chair.
The bill (Com. Sub. for S. B. No. 431), under the original double committee reference, was then referred to the Committee on Finance.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 434, Eliminating revocation period for certain DUI offenders.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 434 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17C-5A-3a of the Code of West Virginia, 1931, as amended, relating to the establishment of and participation in the Motor Vehicle Alcohol Test and Lock Program; allowing the deferral of the revocation period for certain DUI offenses through participation in the program; waiving the revocation period for certain DUI offenses upon successful completion of the program for a period including the applicable minimum period for the use of the ignition interlock device plus an additional period equal to the applicable minimum revocation period; providing that acceptance into the program constitutes a waiver of the administrative hearing and that the Office of Administrative Hearings shall conduct no hearing on a matter on which a person is actively participating in the program; and making technical and descriptive corrections.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Robert D. Beach,
Chair.
The bill (Com. Sub. for S. B. No. 434), under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 450, Relating to sale and consumption of alcoholic liquors in certain outdoor dining areas.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 450 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §60-1-5 of the Code of West Virginia, 1931, as amended, relating to the sale and consumption of alcoholic liquors in outdoor dining areas adjoining an ABCA-licensed facility.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
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. 457, Requiring programs for temporarily detained inmates in regional jails.
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,
Corey Palumbo,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
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. 470, Providing completed grand jury questionnaires are confidential.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 13, Requesting DOH name new bridge on Rt. 58 in Anmore "PFC Nick Cavallaro Memorial Bridge".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 13 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name the new bridge on Route 58, bridge number 17-58-2.38, in Anmoore, Harrison County, West Virginia, the “U. S. Army PFC Nick A. Cavallaro Memorial Bridge”.
Whereas, Nick Cavallaro was born in Caulonia, Reggio Calabria, Italy, in 1920, and came to the United States in August, 1922, with his brother Celestino (Charley) and mother Maria Rosa Strangio Cavallaro and settled in Anmoore, West Virginia; and
Whereas, When World War II broke out, Nick Cavallaro, having become an American citizen by then, immediately enlisted in the United States Army and was assigned to the 82nd Airborne; and
Whereas, Nick Cavallaro participated in battles in North Africa and Sicily, Italy, and was one of the thousands of paratroopers dropped behind German lines the night before the invasion of Normandy, France; and
Whereas, Nick Cavallaro was scheduled to come home on leave when the Battle of the Bulge broke out and his leave was canceled; and
Whereas, Sadly, Nick Cavallaro lost his life in battle at Fosse, Belgium, on January 3, 1945, leaving behind his mother, brother, sister Louise and a host of other family and friends; and
Whereas, Nick Cavallaro was an Italian immigrant and a citizen of Anmoore, West Virginia, and the United States and made the ultimate sacrifice for his adopted hometown and country; and
Whereas, It is fitting to recognize the service and sacrifice of Nick Cavallaro by naming this bridge in his honor as an everlasting tribute to his memory; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the new bridge on Route 58, bridge number 17-58-2.38, in Anmoore, Harrison County, West Virginia, the “U. S. Army PFC Nick A. Cavallaro 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 “U. S. Army PFC Nick A. Cavallaro 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 Commissioner of the Division of Highways.
Senate Concurrent Resolution No. 14, Requesting DOH name bridge crossing Madison Creek, Logan County, "Tech 4 Grade, 185th Chemical Co, Bernard C. Maynard Memorial Bridge".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 14 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name the bridge crossing Madison Creek between Logan and Man, approximately five hundred to six hundred feet below the new bridge at Rita Mall, in Logan County, known as the Midway Plate Girder Bridge, 0.01 miles south of West Virginia Route 10 near the intersection with the Guyandotte River and NS Rail Road, bridge number 023-10-12.56, the “U. S. Army Sergeant Bernard C. Maynard Memorial Bridge”.
Whereas, Bernard C. Maynard was born on May 18, 1918, and was raised by his grandmother. He died on June 27, 2010; and
Whereas, Bernard C. Maynard served in the United States Army from June 15, 1942, until November 29, 1944, and was a Tech 4 Grade with the 185th Chemical Company; and
Whereas, Bernard C. Maynard was awarded the World War II Victory Medal, Philippine Liberation Ribbon, two Bronze Stars, American Theater Ribbon, Asiatic Pacific Theater Ribbon and a Good Conduct Medal; and
Whereas, Bernard C. Maynard married Maggie Hatfield in 1946. They had seven children, adopted two and also took in three other children in need of a home. All of the children are surviving except for one. There are twenty-three grandchildren and thirty-four great grandchildren; and
Whereas, Bernard C. Maynard worked in the coal mines, had black lung and retired from the board of education after ten years as a custodian. He helped with the recovery after the Buffalo Creek flood, attended Madison Creek Church until it flooded and then attended Neibert Missionary Baptist. He was also a member of a ham radio club; and
Whereas, It is only fitting that we so honor Bernard C. Maynard for his dedicated and selfless service to his country and for his contributions to Logan County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge crossing Madison Creek between Logan and Man, approximately five hundred to six hundred feet below the new bridge at Rita Mall, in Logan County, known as the Midway Plate Girder Bridge, 0.01 miles south of West Virginia Route 10 near the intersection with the Guyandotte River and NS Rail Road, bridge number 023-10-12.56, the “U. S. Army Sergeant Bernard C. Maynard 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 “U. S. Army Sergeant Bernard C. Maynard 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 surviving children and relatives of Bernard C. Maynard.
Senate Concurrent Resolution No. 15, Requesting DOH name bridge on Rt. 2 Cabell County, "Army PFC Homer 'Clyde' Farley, Silver Star Recipient, and Army PFC Max O. Farley, Double Bronze Star Recipient, Memorial Bridge".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 15 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name bridge number 6-2-16.38, 0.73 miles south of County Route 1, on Route 2 in Cabell County, West Virginia, the “U. S. Army PFC Homer ‘Clyde’ Farley and U. S. Army PFC Max O. Farley Memorial Bridge”.
Whereas, Private Homer Farley was born in 1929; and
Whereas, In 1950 Private Homer Farley was in Japan with the 25th I.D., 35th Infantry Regiment; and
Whereas, When war broke out in Korea on June 24, 1950, the 24th Division was the only unit in Korea and was quickly overrun by the masses of NKPA Inmum Gun units marching southward toward Pusan. Private Homer Farley’s division arrived in Korea on or about July 10, 1950, along with some small numbers of infantry of the 1st Cavalry Division; and
Whereas, The United States forces were pressed into an area and were in jeopardy of being pushed off the Korean peninsula by the overwhelming forces against them when Lt. General Walton Walker, under the command of Supreme Commander Douglas MacArthur, gave a “stand or die” order to troops in Korea and stated, “We will not have another Dunkirk”; and
Whereas, Private Homer Farley’s company was attacked on August 18, 1950, and while many of his unit fled the NKP Army, Private Homer Farley got up in the back of a Jeep and started firing a .50 caliber machine gun into the enemy. He most certainly took out many of the enemy soldiers to help hold the position but was killed in action that day. For his instantaneous and selfless actions he was awarded the Silver Star for Gallantry in Action, the third- highest military award for valor; and
Whereas, Private Homer Farley was also awarded the Purple Heart, the Combat Infantryman’s Badge, the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal, the Korean Presidential Unit Citation and the Republic of Korea Service Medal; and
Whereas, It is a sad coincidence that Private Homer Farley was killed on his brother Max Owen Farley’s eighteenth birthday, August 18, 1950. His family was sent a letter from Ira P. Swift, later the Major General commanding the 25th I.D., expressing sorrow and regret for Private Homer Farley’s death; and
Whereas, Private Homer Farley is buried in Greenbottom Cemetery, Greenbottom, in Cabell County; and
Whereas, Private Max Farley enlisted in March, 1951, and was sent to Germany for the Allied Occupation of that country following World War II. He was prevented from going to Korea, as he wanted to fight, by his mother when she called her U. S. Senator and told him that she had one son killed in Korea and did not want another one to suffer the same fate; and
Whereas, Private Max Farley was blocked from entering the Korean War for months until it was opened up to volunteer status and his mother could not prevent him from going there and fighting in the war effort. Private Max Farley was assigned to the 40th Infantry Division and received two Bronze Stars for Valor which is given for “Heroism in action against an armed enemy of the United States”. The Bronze Star is the fourth-highest individual military medal that a soldier can receive; and
Whereas, Private Max Farley also served with the 3rd Armored Division’s 894th Tank Destroyer Battalion at Fort Knox for three years with one year in Iceland to provide security to that country against a possible Soviet attack; and
Whereas, Private Max Farley passed away of lung cancer on June 29, 2007, at the Hospice House in Huntington; and
Whereas, Both Farley brothers served their country and their state with great distinction of honor, Private Homer Farley having made the ultimate sacrifice. It is fitting and proper that they be remembered and acknowledged for their courageous actions and service; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 6-2-16.38, 0.73 miles south of County Route 1, on Route 2 in Cabell County, West Virginia, the “U. S. Army PFC Homer ‘Clyde’ Farley and U. S. Army PFC Max O. Farley 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 “U. S. Army PFC Homer ‘Clyde’ Farley and U. S. Army PFC Max O. Farley 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 Commissioner of the Division of Highways, C. David Farley and the families of U. S. Army PFC Homer “Clyde” Farley and U. S. Army PFC Max O. Farley.
Senate Concurrent Resolution No. 17, Requesting DOH name bridge in Greenbrier County "Sgt. James Lee Holcomb Memorial Bridge".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 17 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name bridge number 13-2-0.01, located in Greenbrier County, the “U. S. Army Sgt. James Lee Holcomb Memorial Bridge”.
Whereas, James Lee Holcomb was born and raised in Russellville, West Virginia; and
Whereas, After attending Nuttall High School, James Lee Holcomb enlisted in the United States Army; and
Whereas, James Lee Holcomb completed his basic training in Fort Benning, Georgia, and went on to serve in the Panama Canal Zone and then in Korea for thirteen months; and
Whereas, James Lee Holcomb answered the call of duty in Vietnam, where he was wounded twice and received the Combat Infantry Badge and the Bronze Star Medal; and
Whereas, On November 1, 1966, James Lee Holcomb made the ultimate sacrifice for his country when he was killed in action in Vietnam, leaving behind a wife, two children, his siblings and a host of family and friends; and
Whereas, It is fitting to honor the life of James Lee Holcomb by naming this bridge as an everlasting tribute to his memory; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 13-2-0.01, located in Greenbrier County, the “U. S. Army Sgt. James Lee Holcomb 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 “U. S. Army Sgt. James Lee Holcomb 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 Commissioner of the Division of Highways.
And,
Senate Concurrent Resolution No. 19, Requesting DOH name bridge in Lincoln County "Sergeant Paul Norman Chapman Memorial Bridge".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 19 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name bridge number 022-11/00-7.59, known as the Branchland Beam Span, located 0.12 miles north of State Route 10 in Lincoln County, the "U. S. Army Sergeant Paul Norman Chapman Memorial Bridge".
Whereas, Paul Norman Chapman was born October 18, 1919, in Lincoln County, the son of Albert and Norma Chapman of Branchland, Lincoln County. He had a brother, Corporal Lyle Chapman, and sister, Virginia Chapman. He graduated from Guyan Valley High School; and
Whereas, Paul Norman Chapman enlisted in the United States Army in Huntington, West Virginia, at age twenty; and
Whereas, Paul Norman Chapman was mortally wounded while effecting a landing under fire at Casablanca on November 9, 1942. An award of the Purple Heart was made posthumously; and
Whereas, Paul Norman Chapman made the ultimate sacrifice for his country and in doing so represented Branchland, Lincoln County, West Virginia, and his country with the highest levels of honor and courage and his sacrifice should not go unnoticed; and
Whereas, Naming the Branchland Beam Span bridge in Lincoln County for him is an appropriate recognition of his ultimate sacrifice for state and country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 022-11/00-7.59, known as the Branchland Beam Span, located 0.12 miles north of State Route 10 in Lincoln County, the "U. S. Army Sergeant Paul Norman Chapman 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 "U. S. Army Sergeant Paul Norman Chapman 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 the surviving family members of Sergeant Paul Norman Chapman.
With the recommendation that the five committee substitutes be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being granted, the resolutions (S. C. R. Nos. 13, 14, 15, 17 and 19) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration and considered simultaneously.
The question being on the adoption of the resolutions, 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 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 Snyder, Unger, Kessler (Mr. President), Williams, Wells, Miller, D. Hall, Jenkins, Green and Barnes:
Senate Bill No. 486--A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as amended, relating to establishing salaries and providing raises for employees within the West Virginia State Police Forensic Laboratory.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Snyder and Miller:
Senate Bill No. 487--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-13-5b, relating to municipal sales tax; authorizing municipalities to enact a municipal sales tax at a rate of one percent or less; requiring reduction or elimination of municipal business and occupation tax; requiring services of State Tax Commissioner to administer tax; providing rule-making authority for the Tax Commissioner to administer municipal sales tax and charge a fee; requiring a public hearing before enacting a municipal sales tax; and requiring a municipal sales tax be read at least two times prior to enactment.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Edgell, Prezioso, Unger, Kirkendoll, Beach, D. Hall, Miller, Snyder, Wells, Yost, Stollings, Williams and Barnes:
Senate Bill No. 488--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-10E-1, §5-10E-2, §5-10E-3, §5-10E-4, §5-10E-5, §5-10E-6, §5-10E-7, §5-10E-8, §5-10E-9, §5-10E-10, §5-10E-11, §5-10E-12 and §5-10E-13; and to amend and reenact §36-8-13 of said code, all relating to establishing the West Virginia Voluntary Employee Retirement Accounts Program; establishing findings; defining terms; providing for liberal construction; requiring compliance with federal and state law; providing for plan administration; authorizing the Treasurer to propose rules; establishing participation; requiring all federal approvals and filings be received and made before operations begin; creating trust; prohibiting assignment, except for qualified domestic relations orders; authorizing investments; specifying that the corpus, assets and earnings of trust do not constitute public funds; deferring compensation from federal, state and municipal income taxes; authorizing collection of fees; creating administration account; transferring up to $3 million from the Unclaimed Property Trust Fund; requiring that $3 million be repaid no later than June 30, 2024; paying program costs; reimbursement of Unclaimed Property Trust Fund; specifying the state and the Treasurer are not liable for losses or changes in value; specifying certain information is confidential; requiring payroll information be provided to the Treasurer; requiring audits; and providing for the transfer of money from the Unclaimed Property Trust Fund for start up of the program.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators D. Hall and Green:
Senate Bill No. 489--A Bill to amend and reenact §3-10-7 and §3-10-8 of the Code of West Virginia, 1931, as amended, all relating to elections for vacancies in county offices; and providing that a county employee may run for a vacant county office without giving up his or her current position.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Tucker, D. Hall, Green and Barnes:
Senate Bill No. 490--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-38, relating to defining certain key terms; prohibiting insurers from requiring optometrists, ophthalmologists, dentists, chiropractors, podiatrists or any other health care professional to provide discounts on noncovered services; prohibiting optometrists, ophthalmologists, dentists, chiropractors, podiatrists or any other health care professional from charging more for covered persons on noncovered services than his or her customary or usual rate for such services; requiring contractual discounts that do not result in a fee that is less than what an insurer would pay an optometrist, ophthalmologist, dentist, chiropractor, podiatrist or any other health care professional for covered services and materials; and providing that insurers may not provide for a nominal reimbursement for a service in order to claim that a service or material is covered.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Snyder, Kessler (Mr. President), Blair, Cookman, Unger, Plymale and Barnes:
Senate Bill No. 491--A Bill to amend and reenact §47-11A-8 of the Code of West Virginia, 1931, as amended, relating to unfair trade practices; and adding motor fuel to the list of products exempted from unfair trade practices.
Referred to the Committee on the Judiciary.
By Senators Stollings, Laird, Miller, Cookman, Snyder and Prezioso:
Senate Bill No. 492--A Bill to amend and reenact §30-5-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-5-35, all relating to specialty drugs; defining “specialty drug”, “pharmacy benefits manager” and “pharmacy benefits management”; requiring State Board of Pharmacy to develop a list of specialty drugs; requiring pharmacy benefits managers to follow list developed by the Board of Pharmacy; providing certain pharmacies and pharmacists with the opportunity to dispense specialty drugs; and specifying reimbursement requirements for pharmacy benefits managers for specialty drugs.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Palumbo, Tucker and Barnes:
Senate Bill No. 493--A Bill to amend and reenact §18-8-2 and §18-8-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-1-4 of said code, all relating to excluding days a student is suspended from school from the days required to prove a student as a status offender and for prosecuting a parent for their child’s truancy.
Referred to the Committee on Education; and then to the Committee on the Judiciary.
By Senators Edgell, Facemire, Snyder, Fitzsimmons, Yost and Miller:
Senate Bill No. 494--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-30, relating to payment of lottery prizes; and permitting additional forms of payments consistent with current banking practices.
Referred to the Committee on the Judiciary.
By Senator Edgell:
Senate Bill No. 495--A Bill to amend and reenact §19-12A-6a of the Code of West Virginia, 1931, as amended, relating to increasing the cap for collections into the Land Division special revenue account of the Department of Agriculture; and dividing amounts in excess of the cap evenly between the special revenue account and General Revenue Fund of the state.
Referred to the Committee on Agriculture and Rural Development; and then to the Committee on Finance.
By Senators Cann, D. Hall, Prezioso, Carmichael, Cookman, Jenkins, Green and Barnes:
Senate Bill No. 496--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-11a, relating to limiting health insurance coverage for elective abortions to coverage provided through supplemental policies; and elective abortion exceptions.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Edgell, Facemire, Snyder, Yost and D. Hall:
Senate Bill No. 497--A Bill to amend and reenact §29-22-9 of the Code of West Virginia, 1931, as amended, relating to removing restrictions on where certain lottery games may be played.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Wells and Plymale:
Senate Joint Resolution No. 11--Proposing an amendment to the Constitution of the State of West Virginia, amending section eighteen, article VI thereof; amending section twenty-two, article VI thereof; amending section twenty-three, article VI thereof; amending section thirty-three, article VI thereof; and amending section fifty-one, article VI thereof, all relating to the annual dates when the Legislature may assemble; changing the dates when the Legislature may commence; changing the number of days the Legislature may meet annually; enabling the Legislature to meet and adjourn throughout the year; eliminating interim committee and subcommittee meetings; requiring the Citizens Legislative Compensation Commission to meet and determine appropriate legislator pay; 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 Plymale, Unger, Stollings, Cole and Jenkins offered the following resolution:
Senate Concurrent Resolution No. 25--Requesting that the portion of State Route 37 from the Town of Wayne to the Lincoln County line be named the “Army Spec. 4th Class Darrell W. Sanders Memorial Highway”.
Whereas, Darrell W. Sanders, born October 6, 1945, was the son of Lakie Epling Sanders and Early Sanders; and
Whereas, Darrell W. Sanders was a resident of East Lynn, Wayne County, West Virginia, and was a graduate of Wayne High School; and
Whereas, Darrell W. Sanders had eight brothers and sisters; and
Whereas, Darrell W. Sanders was drafted into the United States Army soon after graduating from Wayne High School and, following training, was deployed to South Vietnam; and
Whereas, Army Specialist 4th Class Darrell W. Sanders was an infantryman in Company C, 2nd Battalion, 7th Cavalry Regiment; and
Whereas, Army Specialist 4th Class Darrell W. Sanders participated in the Battle of La Drang Valley, South Vietnam, a five-day battle which was the first major battle of the Vietnam War between regular forces of the United States and regular forces of the Peoples’ Army of North Vietnam; and
Whereas, The Battle of La Drang Valley was fought between November 11th and November 18th, 1965; and
Whereas, After two days and nights of heavy fighting on November 14 to November 16, the initial Vietnamese assault was repulsed, but during a surprise followup attack on November 17 the enemy forces overran Specialist 4th Class Darrell W. Sanders’ unit in what was the deadliest ambush of a United States unit during the course of the entire war; and
Whereas, Specialist 4th Class Darrell W. Sanders was killed in the battle November 17, 1965; and
Whereas, Specialist 4th Class Darrell W. Sanders’ name appears on the Vietnam War Memorial, Panel 03E Line 091; and
Whereas, It is fitting that an appropriate memorial recognizing this soldier’s service and sacrifice be established in the area where he lived; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the portion of State Route 37 from the Town of Wayne to the Lincoln County line the “Army Spec. 4th Class Darrell W. Sanders Memorial Highway”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the designated highway containing bold and prominent letters proclaiming that portion of State Route 37 the “Army Spec. 4th Class Darrell W. Sanders Memorial Highway”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.
Which, under the rules, lies over one day.
Senators Plymale, Unger, Stollings, Cole and Jenkins offered the following resolution:
Senate Concurrent Resolution No. 26--Requesting the Division of Highways to rename County Route 35/3 near the community of Doane in Wayne County from the “Coal Haul Road” to the “Stonewall Veterans Memorial Highway”.
Whereas, It is fitting to honor Stonewall Veterans by renaming this highway in their memory as an everlasting tribute to their service to their community and state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to rename County Route 35/3 near the community of Doane in Wayne County from the “Coal Haul Road” to the “Stonewall Veterans Memorial Highway”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying this highway as the “Stonewall Veterans Memorial Highway”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.
Which, under the rules, lies over one day.
Senators Unger, Kessler (Mr. President), Stollings, Plymale, Laird, McCabe, Prezioso, Yost, Wells, Miller, Cookman, Palumbo and Jenkins offered the following resolution:
Senate Concurrent Resolution No. 27--Urging the President of the United States and Congress to protect the nation’s water; to establish provisions that will prevent chemical spills from ever happening here or anywhere else again; to direct FEMA to continue to provide water supplies in affected areas in West Virginia; to direct the CDC, ATSDR and EPA to assemble a team to fully analyze the released chemicals and to determine the effects to human health and the environment from exposure to the chemicals from the date of the spill; and to direct the NIH to work with local health officials to diagnose and identify the present and future impacts on health due to exposure to these chemicals.
Whereas, An estimated ten thousand gallons of crude 4-methylcyclohexane methanol, known as MCMH, a chemical used to remove impurities from coal, and a mixture of polyglycol ethers, known as PPH, spilled into the Elk River in Kanawha County from a one-inch hole in a tank belonging to Freedom Industries; and
Whereas, The spill took place a mile and a half upstream from a major intake for West Virginia American Water, a private company that provides municipal water in parts of nine counties, including the city of Charleston, the State Capital; and
Whereas, Over three hundred thousand water customers in Boone, Cabell, Clay, Jackson, Kanawha, Lincoln, Logan, Putnam and Roane counties were negatively affected by a ban on water use from January 9 through January 17, 2014; and
Whereas, Individuals, families, employees, businesses and commerce were negatively affected in these counties, which subsequently caused a disruption to the economy of the entire state; and
Whereas, The short-term and long-term effects to health from exposure to these chemicals have still not been determined, and accurate data related to the makeup of the chemicals remains unavailable for decisionmaking; and
Whereas, Many West Virginians, even those in areas not affected by the spill, are unsure of the safety of their water; and
Whereas, Many West Virginians continue to be afraid to use the water and are incurring additional expenses, such as purchasing bottled water for their homes and businesses; and
Whereas, Schools are also burdened by these additional expenses, and the instructional day is disrupted by the change in routine and by the fears of the students; and
Whereas, A release of harmful substances can happen in any community around the nation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature urges the President of the United States and Congress to protect the nation’s water; to establish provisions that will prevent chemical spills from ever happening here or anywhere else again; to direct FEMA to continue to provide water supplies in affected areas in West Virginia; to direct the CDC, ATSDR and EPA to assemble a team to fully analyze the released chemicals and to determine the effects to human health and the environment from exposure to the chemicals from the date of the spill; and to direct the NIH to work with local health officials to diagnose and identify the present and future impacts on health due to exposure to these chemicals; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President of the United States, members of the West Virginia congressional delegation, the Majority Leader of the United States Senate and the Speaker of the United States House of Representatives.
Which, under the rules, lies over one day.
Senators Stollings, Unger, Plymale, Kessler (Mr. President), Yost, McCabe, Wells, Miller, Laird, Snyder, Beach, D. Hall, Jenkins, Green and Barnes offered the following resolution:
Senate Resolution No. 15--Recognizing the hard work, dedication and commitment of social workers in West Virginia.
Whereas, Social workers are positive change agents who dedicate their careers to helping people transform their lives or improving environments that make such progress possible; and
Whereas, More than six hundred forty thousand trained social work professionals in the United States work tirelessly in agencies, hospitals, hospices, schools, universities, legislatures, private practices, corporations and the military; and
Whereas, Social workers are advocates for access, equality and fairness; and
Whereas, Social workers improve the fabric of society by caring for those who have been left behind or for those who have lost their voice; and
Whereas, Social workers help people explore new opportunities in the face of serious life changes and challenges; and
Whereas, The social work profession was established more than one hundred years ago to help Americans overcome poverty, illness, addiction, abuse, discrimination and other adversities to reach their full potential; and
Whereas, The social work profession works to change systems and customs that limit the ability of vulnerable individuals and groups to lead fulfilling and productive lives; and
Whereas, Schools of social work train socially conscious people to make a real difference in the world through service and leadership; and
Whereas, Social workers strengthen communities, expand options and work to facilitate humane changes in policies and legislation that improve the lives of everyone; and
Whereas, Everyday, social workers wake up believing they give an individual, a family or a community renewed hope in the future; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the hard work, dedication and commitment of social workers in 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 social workers.
At the request of Senator Stollings, 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 Sypolt, Unger, Stollings, Plymale, Kessler (Mr. President), Yost, Williams, Miller, Beach and Barnes offered the following resolution:
Senate Resolution No. 16--Designating February 5, 2014, as “Preston County Day at the Legislature”.
Whereas, Preston County is rich in agriculture and agricultural heritage; and
Whereas, Preston County agriculture contributes to the economic success of Preston County; and
Whereas, West Virginia leads the nation in both the percentage of family farms and the percentage of small farms; and
Whereas, Preston County leads the state in the number of farms and is third in the amount of farm acreage; and
Whereas, The agricultural producers in Preston County are in the top five counties in West Virginia in other hay tons produced (2), corn for grain bushels produced (5), sheep and lambs (2) and cattle (5); and
Whereas, The West Virginia Department of Agriculture kicked off the statewide Farm to School Initiative at Preston High School; and
Whereas, The citizens of Preston County are proud to be agricultural leaders in the state; and
Whereas, The citizens of Preston County travel to the State Capitol on an annual basis during the legislative session to share this heritage and participate in the democratic process, in which they share their accomplishments, aspirations and concerns with lawmakers; and
Whereas, It is fitting to recognize Preston County for its history, culture, economy and future development in the State of West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 5, 2014, as “Preston County Day at the Legislature”; and, be it
Further Resolved, That the Senate acknowledges the many important contributions the citizens and businesses of Preston County make in the State of West Virginia and encourages those citizens to participate in the democratic process; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of Preston County.
At the request of Senator Sypolt, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Williams, and by unanimous consent, the remarks by Senator Sypolt regarding the adoption of Senate Resolution No. 16 were ordered printed in the Appendix to the Journal.
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 Green, D. Hall, Unger, Stollings, Kessler (Mr. President), Cole, Wells, Miller, Jenkins and Barnes offered the following resolution:
Senate Resolution No. 17--Recognizing the Pinnacle Blue Mine Rescue Team for winning first place at the 2013 National Coal Mine Rescue Competition.
Whereas, The National Coal Mine Rescue Competition is a biannual competition sponsored by the National Mining Association and administered by the United States Department of Labor’s Mine Safety and Health Administration; and
Whereas, Established in 1910 by the United States Bureau of Mines, the National Coal Mine Rescue Competition is the largest of its kind; and
Whereas, In its 101st year, more than eighty teams from twelve states competed in the four-day competition that had events ranging from first aid, bench and pre shift to the more complex stimulated mine rescue scenarios that involve hypothetical emergency situations and test the rescue and safety abilities of the competitors; and
Whereas, The Pinnacle Blue Team, of Cliffs Natural Resources, completed both days of team events without a single error and achieved the fastest problem-solving time on the second day of the competition; and
Whereas, Due to their hard work, dedication and commitment to perfecting their craft and protecting our miners, the Pinnacle Blue Team won the 2013 National Coal Mine Rescue Competition; and
Whereas, Mine rescue teams are the backbone of readiness for mine emergency response and the Pinnacle Blue Team has proven that not only do they possess the skills and preparedness necessary to keep miners safe, but they do it better than anyone else in the country; and
Whereas, The Pinnacle Blue Team consists of members Dave Jackson, Adam Davis, Cody Palmer, Chad Lester, Greg Meadows, Mike Vickers, Rob Mizok, Cody Lambert, Richard Crockett and Barry Baker; and
Whereas, The Pinnacle Blue Team is a shining example of what can be accomplished with teamwork and a dedication and commitment to ensuring the safety of our miners; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the Pinnacle Blue Mine Rescue Team for winning first place at the 2013 National Coal Mine Rescue Competition; and, be it
Further Resolved, That the Senate acknowledges each individual member of this team for the job that they do and thanks each one of them for their efforts; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Pinnacle Blue Mine Rescue Team.
At the request of Senator Green, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Walters, and by unanimous consent, the remarks by Senate Green regarding the adoption of Senate Resolution No. 17 were ordered printed in the Appendix to the Journal.
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. 24, Designating Raleigh County Veterans Museum as WV Veterans Museum.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Military; and then to the Committee on Government Organization.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 357, Relating to Logging Sediment Control Act civil and criminal penalties.
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, 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, Yost and Kessler (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. Com. Sub. for S. B. No. 357) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 387, Clarifying duly authorized officers have legal custody of their prisoners while in WV.
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, 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, Yost and Kessler (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. Com. Sub. for S. B. No. 387) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 395, Relating to operation and oversight of certain human services benefit programs.
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, 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, Yost and Kessler (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. Com. Sub. for Com. Sub. for S. B. No. 395) passed.
On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 395--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-8b; and to amend said code by adding thereto a new section, designated §61-4-9, all relating generally to the operation and oversight of certain benefit programs; granting certain subpoena power to the Investigations and Fraud Management Division within the Department of Health and Human Resources to investigate welfare fraud; authorizing the Investigations and Fraud Management Division to request search warrants, swear to complaints and seek relevant orders from circuit court in certain situations; providing access to out-of-state documents in certain circumstances; prohibiting disclosure of persons under investigation by the Investigations and Fraud Management Division; defining terms; creating misdemeanor and felony offenses for certain unlawful use of certain benefits or benefit access devices; stating certain presumptions and calculations permissible in prosecution of these offenses; providing an alternative to confinement for individuals convicted of the offenses associated with unlawful use of certain benefits; and precluding certain prosecution under multiple sections for conduct arising out of the same transaction or occurrence.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4177, Making a supplementary appropriation to various agencies.
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, 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, Yost and Kessler (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. H. B. No. 4177) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: 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, Yost and Kessler (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. H. B. No. 4177) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4182, Supplementing, amending, increasing, decreasing, and adding items of appropriations in various accounts.
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, 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, Yost and Kessler (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. H. B. No. 4182) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: 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, Yost and Kessler (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. H. B. No. 4182) takes effect from passage.
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 Com. Sub. for Senate Bill No. 353, Relating to timber theft in state forests.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Palumbo, the following amendment to the bill was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 1A. DIVISION OF FORESTRY.
§19-1A-3b. Timber theft on state forests; investigations; criminal and civil penalties.
(a) Timber theft is the misappropriation or taking of timber belonging to another, or proceeds derived from the sale of timber, either taken without the consent of the owner, or by means of fraudulent conduct, practices or representations, with the intent to deprive the owner permanently of the timber or proceeds derived therefrom.
(b) The Division of Forestry has the primary responsibility for the collection, preparation and central registry of information relating to timber theft in state forests. The division has the authority to investigate and enforce the provisions of this section when violations occur in state forests. The division may assist law-enforcement agencies in investigations of violations of the provisions of subsection (b), section forty-eight, article three, chapter sixty-one of this code when requested.
(c) Criminal and civil penalties. -- A person who commits timber theft in a state forest where the timber taken is of a value of $25,000 or less is guilty of a misdemeanor and shall be fined not more than $5,000 or confined in jail for not more than one year, or both. A person who commits timber theft in a state forest where the timber taken is of a value of $25,000 or more is guilty of a felony and shall be fined not more than $10,000 or imprisoned in a state correctional facility for not more than five years, or both. In addition to any fines and costs that may be assessed by the court, a person convicted of a violation of this section shall be ordered to pay a $500 civil penalty to the division within sixty days of the entry of a final order of conviction. The civil penalty shall be collected by the court in which the person is convicted and forwarded to the State Treasurer for deposit in the Division of Forestry Fund (3081) for use in administering the provisions of this section.
The bill (Com. Sub. for Com. Sub. for S. B. No. 353), as amended, was then ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 336, Relating to possession and administration of opioid antagonist.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 397, Expanding scope of activities considered financial exploitation of elderly.
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.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Stollings and Snyder.
Thereafter, at the request of Senator Barnes, and by unanimous consent, the remarks by Senators Stollings and Snyder were ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Tucker, the name of Senator Tucker was removed as a sponsor of Senate Bill No. 440 (Creating O. C. Spaulding Electronic Recording Act).
Without objection, the Senate returned to the third order of business.
Executive Communications
The Clerk then presented a communication from His Excellency, the Governor, advising that on February 4, 2014, he had approved Enr. Senate Bill No. 346.
Pending announcement of meetings of standing committees of the Senate, including majority and minority party caucuses,
On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, February 6, 2014, at 11 a.m.
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