WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2014
FORTY-FOURTH DAY
____________
Charleston, W. Va., Thursday, February 20, 2014
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by the Reverend Kevan Bartlett, Maranatha Baptist Church, Charleston, West Virginia.
Merry Hanning of Oak Hill, West Virginia, then proceeded in the singing of “Amazing Grace”.
Pending the reading of the Journal of Wednesday, February 19, 2014,
On motion of Senator Williams, 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 Court of Claims, submitting its Crime Victims Compensation Fund report as required by chapter fourteen, article two-a, section twenty-one 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, without amendment, to take effect from passage, and requested the concurrence of the Senate in the changed effective date, of
Eng. Senate Bill No. 443, Relating to SPRS.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
On further motion of Senator Unger, the Senate concurred in the changed effective date of the bill, that being to take effect from passage, instead of ninety days from passage.
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. S. B. No. 443) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the passage by that body, without amendment, to take effect from passage, and requested the concurrence of the Senate in the changed effective date, of
Eng. Senate Bill No. 444, Relating to PERS.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
On further motion of Senator Unger, the Senate concurred in the changed effective date of the bill, that being to take effect from passage, instead of ninety days from passage.
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. S. B. No. 444) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 452, Relating to TRS annuity calculation of member with reciprocal service credit.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 32, Requesting DOH name bridge in Calhoun County "U. S. Army Sergeant Robert Odell Orders Memorial Bridge”.
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. 4067--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Military Affairs and Public Safety and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the Department of Military Affairs and Public Safety; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the State Fire Marshal to promulgate a legislative rule relating to certification of electrical inspectors; authorizing the Fire Commission to promulgate a legislative rule relating to the State Fire Code; authorizing the Fire Commission to promulgate a legislative rule relating to certification of home inspectors; authorizing the Regional Jail and Correctional Facility Authority to promulgate a legislative rule relating to criteria and procedures for determination of projected cost per day for inmates incarcerated in regional jails operated by the Authority; and authorizing the Governor's Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law enforcement training and certification standards.
Referred 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. Com. Sub. for House Bill No. 4178--A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2014, to the Department of Commerce, WorkForce West Virginia - Workforce Investment Act, fund 8749, fiscal year 2014, organization 0323, by supplementing and amending the appropriation for the fiscal year ending June 30, 2014.
Referred to the Committee on Finance.
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. 4294--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto four new sections, designated §47-27-1, §47-27-2, §47-27-3 and §47-27-4, all relating to the establishment of standards for court reporters and entities providing court reporting services; prohibiting certain conduct by court reporters and persons utilizing or arranging for court reporting services; exempting certain court reporters and court reporting services; authorizing disclosure and certification of certain information; and creating civil penalties for violations.
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. 4339--A Bill to amend and reenact §22-16-11 and §22-16-12 of the Code of West Virginia, 1931, as amended, all relating to authorizing the expenditures of moneys from the Closure Cost Assistance Fund to facilitate the closure of the Elkins-Randolph County Landfill and the Webster County Landfill.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
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. 4359--A Bill to amend and reenact §33-37-2 of the Code of West Virginia, 1931, as amended, relating to licensure of managing general agents of insurers; removing unnecessary language; providing for retroactive renewal of lapsed licenses; establishing license application and renewal fees; extending period of some initial licenses; and clarifying that the appointment of the Secretary of State to receive process applies to administrative actions and actions involving license applications.
At the request of Senator Unger, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 4365--A Bill to amend and reenact §18-7A-14, §18-7A-17, §18-7A-18 and §18-7A-18a of the Code of West Virginia, 1931, as amended, all relating to employer remittance and reporting of Teachers Retirement System member contributions to the retirement board; providing procedure for contributions by members and employers; requiring payment of compounded interest by members of the Public Employees Retirement System when granting service credit in the Teachers Retirement System; closing the Teachers Employers Contribution Collection Account on or before June 30, 2014 and transferring any balance of employer contributions to the Teachers Retirement System Fund; depositing employer contributions through state appropriations to the Teachers Retirement System Fund beginning July 1, 2014; and directing additional funds from the Employers Contribution Collection Account to the Teachers Retirement System Fund.
Referred to the Committee on Pensions; and then to the Committee on Finance.
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. 4372--A Bill to amend and reenact §31-17-11 of the Code of West Virginia, 1931, as amended, relating to the filing of reports, data and other information deemed necessary by the Commissioner of Financial Institutions with the Division of Financial Institutions; permitting the commissioner to determine when those reports, data or information are filed; and providing that in addition to the reports not being public records, the filed data and information are also not public records.
At the request of Senator Unger, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 4384--A Bill to amend and reenact §18-20-1c of the Code of West Virginia, 1931, as amended, relating to education of exceptional children; requiring processes for certain other teachers of students with exceptional needs to either participate or document understanding of student’s individualized education program; and requiring modifications if needed or identified. d meeting or to read and sign a copy of the individualized education program plan indicating that they have read the plan.
Referred to the Committee on Education.
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. 4445--A Bill to amend and reenact §61-2-9 and §61-2-28 of the Code of West Virginia, 1931, as amended, all relating generally to crimes against the person; and modifying the definition of “battery” and “domestic battery” to conform with federal laws.
Referred to the Committee on the Judiciary.
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. 43--Requesting the Division of Highways name the segment of U.S. Route 52 from the intersection of State Route 71, Lorton Lick Road, south through Bluewell, West Virginia, for 2.4 miles to the intersection of U.S. Route 52 and State Route 123, Airport Road, in Mercer County, the “Dr. William Prudich Memorial Highway”.
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. 92--Requesting that the West Virginia School Building Authority waive local matching requirements and fund all needed improvements for the West Virginia School for the Deaf and the Blind.
Referred to the Committee on Education; and then to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 204, Relating to crime victims compensation awards.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 204 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §14-2A-3, §14-2A-9, §14-2A-12, §14-2A-14 and §14-2A-18 of the Code of West Virginia, 1931, as amended, all relating to compensation awards to victims of crimes generally; redefining terms; increasing the amount of victim relocation costs; allowing student loans obtained by a victim to be treated as a lost scholarship in certain instances; modifying required time period in which a claimant should report offense to law enforcement; removing methamphetamine rehabilitation as a basis for receiving funds and exempting claims therefore if such are filed and pending before the court on the effective date of the amendment; clarifying that, absent the identity of a perpetrator being unknown, a criminal complaint being filed is a prerequisite to filing a claim; allowing victims of sexual offenses to undergo a forensic medical examination rather than reporting to law enforcement; permitting the Court of Claims to hire two additional claim investigators; and permitting claim investigators to acquire autopsy reports, including toxicology results, from the State Medical Examiner.
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,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 204) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, 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. 419, Creating Overdose Prevention Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 419 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2 and §16-46-3, all relating to creating the Overdose Prevention Act; stating legislative findings; defining terms; providing immunity from citation, arrest or prosecution of certain offenses for certain persons who seek appropriate medical attention upon an overdose of drugs or alcohol; prohibiting seeking appropriate medical attention from constituting a violation of a condition of pretrial release, probation, furlough or parole; requiring certain action from persons seeking appropriate medical attention; providing that seeking medical attention is a mitigating factor at sentencing of any offense arising from the request for medical attention; allowing persons to plead guilty to certain exempted offenses if desired; providing certain exceptions to immunity for evidence found from an independent source; and providing immunity to law-enforcement officers who cite or arrest a person who receives immunity under this section unless the officer acted recklessly or intentionally.
And,
Senate Bill No. 574, Clarifying mobile home permanently attached to real estate is not personal property under certain conditions.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 574 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §11-5-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-3-12b of said code, all relating to cancelling certificates of title for certain mobile and manufactured homes; clarifying that a mobile home permanently attached to the real estate by the owner may not be classified as personal property if the owner has filed a canceled certificate of title with the clerk of the county commission and the clerk has recorded the canceled certificate of title; and providing a procedure for returning a canceled title to an owner or lienholder.
With the recommendation that the two committee substitutes 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
Com. Sub. for Senate Bill No. 499 (originating in the Committee on Government Organization), Making Prudent Investor Act primary standard of care for Investment Management Board.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 499 (originating in the Committee on Finance)--A Bill to repeal §12-6-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §12-6-2 and §12-6-11 of said code, all relating to investment of moneys by the West Virginia Investment Management Board; modifying the definition of the term “securities”; imposing the prudent investor standard of care set forth in the West Virginia Uniform Prudent Investor Act as the primary standard of care for the trustees of the West Virginia Investment Management Board; removing certain restrictions on investments by the Investment Management Board; and restating certain restrictions on investments by the West Virginia Investment Management Board.
With the recommendation that the committee substitute for committee substitute 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. 544, Allowing sharing of juvenile records under certain circumstances with reciprocal states.
And,
Senate Bill No. 596, Modifying statute of limitations on demand note collections.
And reports the same back with the recommendation that they each 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. 570, Standardizing certificate of authority exemptions for corporations, LLCs, LPs and LLPs.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 570 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §31B-10-1003 of the Code of West Virginia, 1931, as amended; to amend and reenact §31D-15-1501 of said code; to amend and reenact §31E-14-1401 of said code; to amend said code by adding thereto a new section, designated §47-9-64; and to amend said code by adding thereto a new section, designated §47B-10-6, all relating to making exemptions from obtaining certificates of authority from the Secretary of State for certain foreign corporations, companies and partnerships the same as for corporations in this state; and making language consistent with state corporation language as to when the named foreign businesses are or are not considered to be doing business in this state.
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. 579, Creating Land Banking Authorization Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 579 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-18E-1, §31-18E-2, §31-18E-3, §31-18E-4, §31-18E-5, §31-18E-6, §31-18E-7, §31-18E-8, §31-18E-9, §31-18E-10, §31-18E-11, §31-18E-12, §31-18E-13, §31-18E-14, §31-18E-15, §31-18E-16, §31-18E-17 and §31-18E-18, all relating to improving housing development and land use; authorizing creation of a land trust by West Virginia municipalities, counties or a combination thereof; stating legislative findings; defining terms; providing requirements for the permissive creation and operation of land trust entities; detailing certain requirements for a land trust board and staff; requiring certain terms of the land trust be set forth; providing certain immunity to land trust jurisdictions; setting forth powers and limitations of land trust entities; explicitly stating that land trust entities do not have the power of eminent domain; detailing criteria for acquisition and disposition of property by land trust entities; authorizing certain land trust-related property as exempt from property tax; stating land trust funding sources; stating requirements and constraints on disposition of property; detailing potential financing of land trust operations; permitting special allocation of certain property taxes in certain situations; authorizing the issuance of certain bonds; requiring land trust entities to follow open meetings and freedom of information requirements; providing a process for dissolution of land trusts; requiring the Ethics Act to apply to land trust employees and board members; providing for expedited quiet of title proceedings in circuit court; providing for liberal construction of the article; and requiring an annual audit and report of all land trusts.
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. 616, Allowing receipt of gifts, donations and contributions by Division of Energy.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 43, Requesting DOH name bridge in Putnam County "Sgt. Deforest Lee Talbert Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 44, Requesting DOH name bridge in Marion County "Junior Slaughter Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 252, Allowing certain expelled students to return to school through Juvenile Drug Court.
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:
On page nineteen, section one-d, line twenty-eight, by striking out the words “multidisciplinary team (MDT)” and inserting in lieu thereof the words “Juvenile Drug Court treatment team”.
The bill (Com. Sub. for Com. Sub. for S. B. No. 252), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 318, Setting fees for manufacture, distribution, dispensing and research of controlled substances.
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. 383, Permitting certain residential real estate owners limited exemptions from licensing requirements.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 414, Redirecting nonprobate appraisement filings.
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. 424, Regulating unlicensed off-road motorcycles within Hatfield-McCoy Regional Recreation Area.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 456, Extending expiration date for health care provider tax on eligible acute care hospitals.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page two, section thirty-eight, line five, by striking out the word “sixty” and inserting in lieu thereof the word “sixty-two”.
The bill (S. B. No. 456), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 461, Creating Future Fund.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 468, Providing for Veterans Medal and Service Cross.
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. 477, Providing teachers determine use of time during planning period.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Barnes, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Senate Bill No. 485, Exempting DOH from certain permitting requirements of Natural Stream Preservation Act.
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. 487, Authorizing municipal sales tax.
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. 507, Relating to Board of Barbers and Cosmetologists.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 558, Finding and declaring certain claims against state.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page six, section one, line eighty-four, by striking out “$1,275.00” and inserting in lieu thereof “$3,000.00”.
The bill (S. B. No. 558), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 559, Eliminating annual report late fees charged by Secretary of State.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 583, Permitting emergency rule-making authority to implement Spay Neuter Assistance Program.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 585, Removing unconstitutional language regarding access to rail lines.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 586, Removing unconstitutional language regarding jurors and verdicts permitted in certain civil litigation.
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. 600, Relating to municipal ordinance compliance regarding dwellings unfit for habitation and vacant buildings and properties.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 601, Removing unconstitutional language regarding relief in circuit court against erroneous assessments.
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. 603, Relating to testing for presence of methane in underground mines.
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. 619, Exempting certain critical access hospitals from certificate of need requirement.
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. 621, Authorizing insurers offer flood insurance.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Com. Sub. for Senate Bill No. 30, Exempting autocycles from license examination and safety equipment requirements.
Com. Sub. for Com. Sub. for Senate Bill No. 95, Creating felony offense for DUI causing serious bodily injury.
Com. Sub. for Senate Bill No. 140, Authorizing Department of Commerce promulgate legislative rules.
Com. Sub. for Senate Bill No. 181, Authorizing Department of Administration promulgate legislative rules.
Com. Sub. for Com. Sub. for Senate Bill No. 317, Relating to municipal firearm laws.
Senate Bill No. 375, Excluding certain personal property from TIF assessment.
Senate Bill No. 407, Providing renewal of lapsed managing general insurance agent licenses.
Com. Sub. for Com. Sub. for Senate Bill No. 425, Relating to licensure, supervision and regulation of physician assistants.
Com. Sub. for Senate Bill No. 430, Relating to receipting of state moneys.
Com. Sub. for Com. Sub. for Senate Bill No. 431, Relating to issuance and renewal of certain driver's licenses and federal ID cards.
Senate Bill No. 437, Requiring mortgage brokers file certain reports with Division of Financial Institutions.
Com. Sub. for Senate Bill No. 469, Creating Veterans and Warriors to Agriculture Program.
Senate Bill No. 493, Excluding suspension days in determining student truancy.
Com. Sub. for Senate Bill No. 535, Clarifying definition of "ginseng".
Senate Bill No. 547, Clarifying municipalities can increase and decrease voting wards and/or council members.
Com. Sub. for Senate Bill No. 552, Increasing penalty related to transporting illegal controlled substances into state.
Com. Sub. for Senate Bill No. 553, Relating to deadlines for independent candidates to file for municipal elections.
Com. Sub. for Senate Bill No. 584, Relating to expiration and renewal of Board of Registration for Professional Engineers' certificates.
And,
Com. Sub. for Senate Bill No. 623, Requiring notification of certain substance abuse screening of mine personnel.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Snyder, Blair, Sypolt, Cann and Facemire.
Thereafter, at the request of Senator Blair, and by unanimous consent, the remarks by Senator Snyder were ordered printed in the Appendix to the Journal.
At the request of Senator Williams, unanimous consent being granted, the remarks by Senator Sypolt were ordered printed in the Appendix to the Journal.
At the request of Senator Barnes, and by unanimous consent, the remarks by Senator Cann were ordered printed in the Appendix to the Journal.
At the request of Senator Snyder, unanimous consent being granted, the remarks by Senator Facemire were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate recessed until 4:30 p.m. today.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Unger, unanimous consent being granted, returned to the fourth order of business.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Joint Resolution No. 14, Proposing constitutional amendment designated Future Fund Amendment.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Joint Resolution No. 14 (originating in the Committee on the Judiciary)--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section 12, relating to the West Virginia Future Fund; prohibiting spending of principal and permitting spending of interest in certain instances from the West Virginia Future Fund; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
With the recommendation that the committee substitute be adopted; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being granted, the resolution (Com. Sub. for S. J. R. No. 14) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, 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. 202, Creating Benefit Corporation Act.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Com. Sub. for Senate Bill No. 253, Clarifying code for Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Education on February 19, 2014;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Robert H. Plymale,
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. 254, Regulating equine boarding facilities.
And reports the same back with the recommendation that it 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. 366, Transferring CHIP from Department of Administration to DHHR.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on February 18, 2014;
And reports the same back with the recommendation that it 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
Com. Sub. for Senate Bill No. 378 (originating in the Committee on Transportation and Infrastructure), Relating to waste service vehicles.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 378 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-6-11; and to amend and reenact §17C-15-26 of said code, all relating to special speed limitations as to waste service vehicles; directing that no person shall drive a motor vehicle and meet or overtake from either direction a stopped waste service vehicle at a speed in excess of fifteen miles per hour under certain circumstances; defining “waste service vehicle”; setting forth situations in which the special speed limit applies; providing criminal penalties; and permitting waste service vehicles to be equipped with special lights.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
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. 409, Relating to education reform.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 409 (originating in the Committee on Education)--A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-9A-7 of said code; to amend and reenact §18A-3-1 and §18A-3-2a of said code; to amend said code by adding thereto two new sections, designated §18A-3-1e and §18A-3-1f; to amend and reenact §18B-1D-4 of said code; and to amend and reenact §18B-3C-4 of said code, all relating to education reform; modifying time frame for county and school strategic plans; modifying provisions pertaining to school system accreditation to more align with provisions pertaining to school accreditation; adding propane as an alternative fuel that will increase the foundation allowance for transportation cost; requiring that a teacher with a valid West Virginia teaching certificate be awarded certification to teach in an additional area of certification upon submission of a passing score on a certain test; providing for critical need alternative teaching certificates valid for the purposes of allowing the holder to teach in subject areas, public schools or geographic areas of the state in which the state board determines that critical teacher shortages exist; setting forth certificate eligibility requirements; providing for training, support and evaluation of certificate holder; setting forth requirements for renewing certificate and for conversion to an initial professional teaching certificate; providing for recommendation as to whether or not a professional certificate should be issued; modifying requirements for professional teaching certificate; adding duties for the Higher Education Policy Commission and the Council for Community and Technical College Education that pertain to creating a more seamless transfer process and making it easier for students to finish a degree program when transferring credit; requiring community and technical college/career and technical education consortia to implement a minimum of one advanced career program of study and each public education career-technical center and each comprehensive high school within the consortium to implement a minimum of one of the advanced career programs identified by the consortium; and charging district consortia, for newly created community and technical college career technical programs, with developing or utilizing an existing corresponding program of study career pathway at the secondary school level that provides a seamless progression from public schools to community and technical college.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
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. 455, Creating Move to Improve Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 455 (originating in the Committee on Education)--A Bill to amend and reenact §18-2-7a of the Code of West Virginia, 1931, as amended, relating to creation of the West Virginia Move to Improve Act; establishing legislative findings; providing for integration of an average of thirty minutes of moderate to vigorous physical activity in school day; setting minimum amount of moderate to vigorous physical exercise in physical education classes; defining terms; requiring alternate programs to be submitted to the county board for approval; removing expired requirements; requiring accountability for the physical education and physical activity required herein; requiring provision of adequate professional development and training on physical activity integration; and requiring collaboration with teachers and administrators when developing any rule pursuant to this act.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
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. 460, Permitting School of Osteopathic Medicine invest certain moneys in its foundation.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (S. B. No. 460) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second reading and, 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. 476, Providing standards for conversion and retrofits of alternative-fuel motor vehicles.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on February 18, 2014;
And reports the same back with the recommendation that it 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
Com. Sub. for Senate Bill No. 504, Authorizing Auditor establish Debt Resolution Services Division.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 523 (originating in the Committee on Military), Providing for additional state veterans skilled nursing facility in Beckley.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 523 (originating in the Committee on Finance)--A Bill to amend and reenact §9A-1-10 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-1B-1 of said code; and to amend and reenact §19-1-4 of said code, all relating to authorizing the Secretary of the Department of Veterans’ Assistance and the Commissioner of the Department of Agriculture to enter into an agreement to transfer certain property for construction of a veterans skilled nursing facility; and making legislative findings.
With the recommendation that the committee substitute for committee substitute 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
Senate Bill No. 533, Updating commercial feed laws; setting fees by rule.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
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. 539, Providing certain law-enforcement officers employed as school security be allowed to carry firearms.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (S. B. No. 539) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second reading and, 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. 541, Ensuring tenants with right to sublet have remedies for wrongful occupation of residential rental property.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
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. 562, Relating to training and compensation of county board of education members serving on RESAs.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 562 (originating in the Committee on Education)--A Bill to amend and reenact §18-2-26 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-5-1a and §18-5-4 of said code, all relating to county board member attendance of board meetings, meetings of an administrative council of a multicounty vocational center, meetings of a regional council of a regional education service agency and training sessions; modifying provisions pertaining to compensation for attendance; removing language pertaining to reimbursement of travel to meetings of a regional council of a regional education service agency; requiring state board rule; setting forth provisions that must be included in rule; and requiring the West Virginia School Board Association to report to the Legislative Oversight Commission on Education Accountability on board member compensation.
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 H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 562) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second reading and, 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. 572, Relating to financing statements covering as-extracted collateral or timber to be cut.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on February 19, 2014;
And reports the same back with the recommendation that it 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. 593, Authorizing issuance of limited lines travel insurance producer license.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on February 19, 2014;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
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. 602, Requiring health care providers wear ID badges.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 602 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4 and §16-1C-5, all relating generally to requiring health care providers to wear identification badges; providing definitions; establishing identification badge requirement; setting forth exemptions; providing for applicability; and granting rule-making authority.
With the recommendation that the committee substitute do pass. Respectfully submitted,
Ron Stollings,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Concurrent Resolution No. 38, Requesting Joint Committee on Government and Finance study development of comprehensive early childhood program.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Robert H. Plymale,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
The Senate proceeded to the sixth order of business.
Petitions
Senator Kessler (Mr. President) presented a petition from Jody Nichols Mohr and numerous West Virginia residents, requesting the Legislature to protect the people’s rights to clean air, water and soil.
Referred to the Committee on Natural Resources.
Senators Laird, Miller and Williams respectively presented petitions from Fayette, Greenbrier, Summers and Barbour counties’ schools, requesting the Legislature to develop a multi-year plan to make education employees’ salaries competitive with surrounding states.
Referred to the Committee on Education.
The Senate proceeded to the eleventh order of business and the introduction of guests.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, February 21, 2014, at 11 a.m.
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