Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

THIRTY-FIFTH DAY

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Charleston, W. Va., Tuesday, February 11, 2014

    The Senate met at 11 a.m.

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

    Prayer was offered by Pastor Zachery Arrowood, Chaplain, Hospice of Huntington, Huntington, West Virginia.

    Pending the reading of the Journal of Monday, February 10, 2014,

    On motion of Senator Nohe, 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. Com. Sub. for House Bill No. 4214--A Bill to amend and reenact §27-7-1 of the Code of West Virginia, 1931, as amended, relating to persons being discharged from mental health facilities; requiring that mental health facilities offer patients being discharged assistance in identifying and designating a person to serve as durable medical power of attorney; and requiring that such assistance include notifying patients of the advantages of designating a durable medical power of attorney and providing information regarding executing the required documents.

    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 and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4278--A Bill to amend and reenact §30-3-15 of the Code of West Virginia, 1931, as amended, relating to procedures by which corporations may obtain authorization from the West Virginia Board of Medicine to practice medicine and surgery through the corporation; establishing licensing requirements; requiring an application; establishing shareholder requirements; authorizing the board to establish fees; establishing procedures for medical corporations formed outside of the state; providing notice and procedural requirements for the Secretary of State; authorizing physicians or podiatrists to be employees of a medical corporation; requiring a certificate of authorization; setting forth conditions under which the medical corporation cease operations; and criminal penalty.

    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. Com. Sub. for House Bill No. 4336--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-40, relating to state control of county schools and school systems; limiting duration of state board intervention in operation of schools and school systems; requiring certain actions, oversight and support during periods of intervention; recommendations for return of control; and limiting subsequent intervention for certain period; providing exception if public hearing held; and requiring certain continued support.

    Referred to the Committee on Education.

    The Senate proceeded to the fourth order of business.

    Senator Miller, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:

    Your Committee on Agriculture and Rural Development has had under consideration

    Senate Bill No. 83, Providing personal income tax deduction for spaying or neutering pets.

    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,

                               Ronald F. Miller,

                                 Chair.

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

    Senator Tucker, from the Committee on Banking and Insurance, submitted the following report, which was received:

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 263, Clarifying continuous inactivity of demand, savings or time deposits under Uniform Unclaimed Property Act.

    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,

                               Gregory A. Tucker,

                                 Chair.

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

    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. 307, Authorizing community corrections programs to operate pretrial release program.

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

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

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Senate Bill No. 327, Updating terms in Corporation Net Income Tax Act.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 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

    Com. Sub. for Senate Bill No. 356 (originating in the Committee on Government Organization), Relating to purchasing reforms.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 356 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §5A-1-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5A-1-10; to amend and reenact §5A-3-1, §5A-3-3, §5A-3-4, §5A-3-5, §5A-3-11, §5A-3-17, §5A-3-28, §5A-3-30 and §5A-3-31 of said code; and to amend said code by adding thereto three new sections, designated §5A-3-10d, §5A-3-10e and §5A-3-60, all relating generally to purchasing; revising definitions; eliminating definitions; defining terms; requiring state spending units purchase commodities and services on a competitive basis where possible; authorizing the Secretary of the Department of Administration to issue a notice to cease and desist when purchases are not made on a competitive basis; clarifying the purposes and policies of the Purchasing Division; clarifying the applicability of the article; clarifying that procurements must include adequate specifications and descriptions; clarifying the powers and duties of the Director of Purchasing; authorizing the Director of Purchasing to issue a notice to cease and desist when purchases are not made on a competitive basis; ensuring the purchasing requirements apply to services and commodities; authorizing reverse auctions for purchasing commodities; permitting third-party vendors to administer reverse auctions; affording the Director of the Purchasing Division rule-making authority to implement reverse auctions; authorizing master contracts and the direct order process for the direct procurement of certain commodities; defining additional terms; requiring approval of the Director of the Purchasing Division for master contracts; setting forth direct order requirements and procedures; authorizing direct order of commodities in certain amounts; permitting direct order of certain commodities in excess of statutory amount with the written approval of the Director of Purchasing; affording the Director of the Purchasing Division rule-making authority to establish procedures regarding master contracts, preapproval, the direct ordering process and related matters; clarifying circumstances in which grants are exempt from competitive bidding requirements; imposing personal liability upon spending officers and other responsible individuals who have knowingly and willfully violated competitive bidding requirements; creating felony offense for acting alone to undermine competition; requiring certain executive department officials to attend annual training on purchasing procedures; and making technical corrections.

    With the recommendation that the committee substitute for committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Tucker, from the Committee on Banking and Insurance, submitted the following report, which was received:

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 427, Relating to motor vehicle insurance.

    And,

    Senate Bill No. 480, Expanding period during which certain motor vehicle liens are valid.

    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,

                               Gregory A. Tucker,

                                 Chair.

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

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Senate Bill No. 443, Relating to SPRS.

    Senate Bill No. 444, Relating to PERS.

    Senate Bill No. 452, Relating to TRS annuity calculation of member with reciprocal service credit.

    And,

    Senate Bill No. 453, Relating to TRS.

    And reports the same back with the recommendation that they each do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Miller, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:

    Your Committee on Agriculture and Rural Development has had under consideration

    Senate Bill No. 469, Creating program to support veterans in agricultural opportunities.

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

    Com. Sub. for Senate Bill No. 469 (originating in the Committee on Agriculture and Rural Development)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-11, relating to the Veterans and Warriors to Agriculture Program; granting the Department of Agriculture the authority to integrate veterans into the field of agriculture; creating the Veterans and Warriors to Agriculture special revenue account and fund; exempting the Department of Agriculture from certain purchasing requirements; requiring state departments to work together; and permitting rulemaking.

    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,

                               Ronald F. Miller,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 469), under the original double committee reference, was then referred to the Committee on Finance.

    The Senate proceeded to the sixth order of business.

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

    By Senators Plymale, Prezioso, Kessler (Mr. President) and McCabe:

    Senate Bill No. 534--A Bill to amend and reenact §11-17-3 of the Code of West Virginia, 1931, as amended, relating to increasing the excise tax on cigarettes and other tobacco products; and providing that the additional revenues be deposited into the West Virginia Medical Services Fund for the next two fiscal years.

    Referred to the Committee on Finance.

    By Senators Tucker, Laird, D. Hall and Miller:

    Senate Bill No. 535--A Bill to amend and reenact §19-1A-3a of the Code of West Virginia, 1931, as amended, relating to ginseng dealers; and clarifying that persons who buy dried ginseng root for retail sales are not dealers.

    Referred to the Committee on Natural Resources.

    By Senators Stollings, Plymale, Unger, Yost, Kessler (Mr. President), Tucker, Cookman, Carmichael and Nohe:

    Senate Bill No. 536--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-10-7d, relating to granting in-state tuition rates to veterans who were honorably discharged or received a discharge related to a medical issue resulting from their military service.

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

    By Senators Edgell, Snyder and Kessler (Mr. President):

    Senate Bill No. 537--A Bill to amend and reenact §18B-10-1 of the Code of West Virginia, 1931, as amended, relating to fees, tuition and other fees at state institutions of higher education; providing that state institutions of higher education may apply for an alternative fee and tuition schedule if in the best interest of the mission of the institution; and providing that fees used solely for the purpose of complying with the Americans with Disabilities Act are exempt from the limitations on fee increases set forth in this section.

    Referred to the Committee on Education.

    By Senators Snyder, Unger, Barnes, Cole and Carmichael:

    Senate Bill No. 538--A Bill to amend and reenact §5A-3-37 of the Code of West Virginia, 1931, as amended; and to amend and reenact §6-13-1 of said code, all relating to disabled veteran's preference eligibility in hiring for state civil service jobs and resident vendor bidding on state contracts.

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

    By Senators Green, Stollings, D. Hall, Cookman, Barnes, Carmichael and Nohe:

    Senate Bill No. 539--A Bill to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended, relating to dangerous weapons; persons possessing deadly weapons on premises of educational facilities; and exempting law-enforcement officers acting as security for schools from the prohibitions of this section when certain conditions are met.

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

    By Senators Plymale, D. Hall, Green, Stollings and Jenkins:

    Senate Bill No. 540--A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to requiring the West Virginia Secondary School Activities Commission to promulgate rules that allow a college preparatory team to elect to be recognized as a member; and setting forth provisions the rule shall include.

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

    Senators Green, D. Hall, Plymale, Unger, Stollings, Kessler (Mr. President), Jenkins, Williams, Tucker, Laird and Miller offered the following resolution:

    Senate Resolution No. 24--Recognizing Steve Antoline, the 2014 West Virginia Outstanding Tree Farmer of the Year.

    Whereas, Steve Antoline owns and manages a 2,097-acre tree farm in Nicholas County, West Virginia; and

    Whereas, Steve Antoline made a formal commitment to sound forest management practices in 2009 by enrolling in the West Virginia Tree Farm Program; and

    Whereas, Steve Antoline is committed to the long-term productivity of his property by performing sustainable forest management through selective timber harvests, timber stand improvement thinnings, wildlife habitat improvement practices, improved road access and water resource enhancement practices; and

    Whereas, Over six hundred thousand board feet of storm-damaged hemlock was harvested from the Antoline Tree Farm and used to build more than three hundred twenty shower houses for the Summit Bechtel Boy Scout Reserve; and

    Whereas, Steve Antoline makes his property available for numerous educational programs and tours for visitors throughout the world; and

    Whereas, Steve Antoline’s Madison Farms Tree Farm is enrolled in the MWV Cooperative Forest Management (CFM) Program and receives professional forest management assistance by CFM forester Rick Persinger; and

    Whereas, For his dedication and commitment to his profession, Steve Antoline was selected as West Virginia’s Outstanding Tree Farmer for 2014 by the West Virginia Tree Farm Committee and its state sponsor, the West Virginia Forestry Association; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes Steve Antoline, the 2014 West Virginia Outstanding Tree Farmer of the Year; and, be it

    Further Resolved, That the Senate congratulates and commends Steve Antoline for receiving this distinguished award and wishes him more success in the future; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Steve Antoline.

    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 D. Hall, and by unanimous consent, the remarks by Senators Green and Tucker regarding the adoption of Senate Resolution No. 24 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 proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 29, Requesting DOH erect sign in Raleigh County "Birthplace of Bill Withers, noted Grammy Award- winning recording artist".

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

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Senate Bill No. 90, Creating criminal offense for interfering or preventing call for assistance of emergency service personnel.

    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. 90) passed with its title.

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

    Eng. Senate Bill No. 403, Regulating importation and possession of certain injurious aquatic species.

    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. S. B. No. 403) 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. 450, Relating to sale and consumption of alcoholic liquors in certain outdoor dining areas.

    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. 450) 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. Com. Sub. for S. B. No. 450) takes effect from passage.

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

    Eng. Senate Bill No. 454, Defining dam "owner".

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    Pending discussion,

    Senator Plymale moved the previous question, which motion prevailed.

    The previous question having been ordered, that being on the passage of Engrossed Senate Bill No. 454.

    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. S. B. No. 454) passed with its title.

    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. 133, Authorizing DEP promulgate legislative rules.

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

    Com. Sub. for Senate Bill No. 458, Dedicating certain circuit court fees to fund low-income persons' civil legal services.

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

    Senate Bill No. 483, Renaming administrative heads of Potomac campus of WVU and WVU Institute of Technology.

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

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senators Barnes and Wells.

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

    At the request of Senator Cann, unanimous consent being granted, the Senate returned to the eleventh order of business and the introduction of guests.

    The Senate then proceeded to the thirteenth order of business.

    At the request of Senator Plymale, the name of Senator Plymale was removed as a sponsor of Senate Bill No. 474 (Allowing disposal of drill cuttings from well sites in commercial solid waste facilities).

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, February 11, 2014, at 11 a.m.

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