WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2014
FIFTIETH DAY
____________
Charleston, W. Va., Wednesday, February 26, 2014
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by Pastor Tim Valentine, Randolph Street Baptist Church, Charleston, West Virginia.
Pending the reading of the Journal of Tuesday, February, 25, 2014,
On motion of Senator Walters, 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. 4245--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-20, relating to anticipated retirement dates of certain health care professionals; requiring certain health care related professional licensing boards to request that licensees provide their anticipated retirement dates; and requiring data on anticipated retirement dates to be included in the boards' annual reports.
Referred to the Committee on Health and Human Resources; and then 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. 4256--A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to amending the annual salary schedule for members of the State Police beginning on July 1, 2014, and continuing thereafter.
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. 4312--A Bill to amend the Code of West Virginia, 1931, by adding thereto a new section, designated §18-2-26B; and to amend and reenact §22A-10-1 of said code, all relating to certification of emergency medical technician-industrial personnel by the State Board of Education through education programs delivered by Regional Educational Service Agencies; transferring and redesignating emergency medical technician-miner; providing that emergency medical technician-industrial takes the place of emergency medical technician-miner; and defining the scope of practice for an emergency medical technician-industrial.
Referred to the Committee on Government Organization.
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. 4588--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5, §16-2M-6, §16-2M-7, §16-2M-8, and §16-2M-9, all relating to abortions generally and protecting unborn children who are capable of experiencing pain by prohibiting abortion after twenty weeks post-fertilization except when the mother has a medical emergency; providing for civil remedies; creating misdemeanors and felonies; stating legislative findings; and providing definitions.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
Executive Communications
Senator Kessler (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
February 26, 2014
Senate Executive Message No. 2
TO: The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your advice and consent:
1. For Member, Parkways Authority, William Cipriani, Wellsburg, Brooke County, for the term ending June 30, 2014.
2. For Member, Board of Banking and Financial Institutions, Larry Mazza, Bridgeport, Harrison County, for the term ending June 30, 2018.
3. For Member, Board of Banking and Financial Institutions, Brent Gray, Jodie, Fayette County, for the term ending June 30, 2018.
4. For Member, College Prepaid Tuition and Savings Program Board of Trustees, Phyllis Arnold, Charleston, Kanawha County, for the term ending June 30, 2014.
5. For Member, Public Service Commission, Michael Albert, Charleston, Kanawha County, for the term ending June 30, 2019.
6. For Secretary, Department of Health and Human Resources, Karen Bowling, Beckley, Raleigh County, to serve at the will and pleasure of the Governor.
7. For Executive Director, Public Defender Services, Dana Eddy, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
8. For Secretary, Department of Revenue, The Honorable Robert S. Kiss, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
9. For Secretary, Department of Veterans’ Assistance, The Honorable Richard Thompson, Lavalette, Wayne County, to serve at the will and pleasure of the Governor.
10. For Member, New River Community and Technical College Board of Governors, Leslie Baker, Beckley, Raleigh County, for the term ending June 30, 2017.
11. For Member, New River Community and Technical College Board of Governors, Robert Farley, Princeton, Mercer County, for the term ending June 30, 2014.
12. For Member, New River Community and Technical College Board of Governors, Albert Martine III, Daniels, Raleigh County, for the term ending June 30, 2014.
13. For Member, New River Community and Technical College Board of Governors, Deborah Hill, Mt. Nebo, Nicholas County, for the term ending June 30, 2017.
14. For Member, New River Community and Technical College Board of Governors, Shirley Runyon, Lewisburg, Greenbrier County, for the term ending June 30, 2016.
15. For Member, New River Community and Technical College Board of Governors, David Nalker, Lewisburg, Greenbrier County, for the term ending June 30, 2016.
16. For Member, Marshall University Board of Governors, Dale Lowther, Parkersburg, Wood County, for the term ending June 30, 2017.
17. For Member, Marshall University Board of Governors, Dr. Joseph Touma, Huntington, Cabell County, for the term ending June 30, 2016.
18. For Member, Marshall University Board of Governors, Edward Howard III, Scottsdale, Arizona, for the term ending June 30, 2017.
19. For Member, Marshall University Board of Governors, James Bailes, Huntington, Cabell County, for the term ending June 30, 2016.
20. For Member, Marshall University Board of Governors, Tim Dagostine, Charleston, Kanawha County, for the term ending June 30, 2016.
21. For Member, Marshall University Board of Governors, Christie Kinsey, Lavalette, Wayne County, for the term ending June 30, 2016.
22. For Member, Marshall University Board of Governors, Phil Cline, Huntington, Cabell County, for the term ending June 30, 2017.
23. For Member, West Virginia University Board of Governors, Rob Alsop, Charleston, Kanawha County, for the term ending June 30, 2017.
24. For Member, West Virginia University Board of Governors, Diane Lewis, Morgantown, Monongalia County, for the term ending June 30, 2017.
25. For Member, West Virginia University Board of Governors, William Wilmoth, Wheeling, Ohio County, for the term ending June 30, 2017.
26. For Member, Pierpont Community and Technical College Board of Governors, Kyle Hamilton, Fairmont, Marion County, for the term ending June 30, 2016.
27. For Member, Pierpont Community and Technical College Board of Governors, Earl McConnell, Fairmont, Marion County, for the term ending June 30, 2016.
28. For Member, Pierpont Community and Technical College Board of Governors, Lewis Weaver, Fairmont, Marion County, for the term ending June 30, 2016.
29. For Member, Pierpont Community and Technical College Board of Governors, Jeff Tucker, Bridgeport, Taylor County, for the term ending June 30, 2016.
30. For Member, Pierpont Community and Technical College Board of Governors, Sharon Shaffer, Barrackville, Marion County, for the term ending June 30, 2016.
31. For Member, Pierpont Community and Technical College Board of Governors, Warren VanAlsburg, Bridgeport, Harrison County, for the term ending June 30, 2014.
32. For Member, West Virginia State University Board of Governors, Paul Konstanty, Hurricane, Putnam County, for the term ending June 30, 2017.
33. For Member, West Virginia State University Board of Governors, The Honorable Thomas Susman, Charleston, Kanawha County, for the term ending June 30, 2017.
34. For Member, West Virginia State University Board of Governors, Dr. Ann Brothers Smith, Detroit, Michigan, for the term ending June 30, 2017.
35. For Member, Glenville State College Board of Governors, Timothy Butcher, Glenville, Gilmer County, for the term ending June 30, 2017.
36. For Member, Glenville State College Board of Governors, Mike Fulks, Bridgeport, Harrison County, for the term ending June 30, 2017.
37. For Member, Glenville State College Board of Governors, Mike Forbes, Charleston, Kanawha County, for the term ending June 30, 2017.
38. For Member, West Liberty University Board of Governors, George Couch, Wheeling, Ohio County, for the term ending June 30, 2017.
39. For Member, West Liberty University Board of Governors, Sandra Chapman, Wheeling, Ohio County, for the term ending June 30, 2016.
40. For Member, West Liberty University Board of Governors, Joe Carey, New York, New York, for the term ending June 30, 2017.
41. For Member, Fairmont State University Board of Governors, Dixie Yann, Fairmont, Marion County, for the term ending June 30, 2017.
42. For Member, Fairmont State University Board of Governors, Bryan Towns, Fairmont, Marion County, for the term ending June 30, 2017.
43. For Member, Fairmont State University Board of Governors, John Schirripa, Bridgeport, Harrison County, for the term ending June 30, 2017.
44. For Member, Natural Resources Commission, Byron Chambers, Romney, Hampshire County, for the term ending June 30, 2020.
45. For Member, Veterans’ Council, James DeCarlo, St. Albans, Kanawha County, for the term ending June 30, 2019.
46. For Member, Veterans’ Council, Miles Epling, Point Pleasant, Mason County, for the term ending June 30, 2019.
47. For Member, Veterans’ Council, Bill Harris, Glen Easton, Marshall County, for the term ending June 30, 2019.
48. For Member, Veterans’ Council, James McCormick, New Haven, Mason County, for the term ending June 30, 2016.
49. For Member, Bluefield State College Board of Governors, Harold Wells, Bluefield, Mercer County, for the term ending June 30, 2017.
50. For Member, Bluefield State College Board of Governors, Roger Topping, Princeton, Mercer County, for the term ending June 30, 2017.
51. For Member, Bluefield State College Board of Governors, Richard Bezjak, Bluefield, Mercer County, for the term ending June 30, 2017.
52. For Member, School of Osteopathic Medicine Board of Governors, Dr. John Manchin II, Farmington, Marion County, for the term ending June 30, 2017.
53. For Member, School of Osteopathic Medicine Board of Governors, David Ramsey, Charleston, Kanawha County, for the term ending June 30, 2017.
54. For Member, Concord University Board of Governors, Steven Collins, Princeton, Mercer County, for the term ending June 30, 2017.
55. For Member, Concord University Board of Governors, Elliot Hicks, Charleston, Kanawha County, for the term ending June 30, 2017.
56. For Member, Concord University Board of Governors, Robert Foglesong, Red Lodge, Montana, for the term ending June 30, 2016.
57. For Member, Concord University Board of Governors, The Honorable Frank Blackwell, Mullens, Wyoming County, for the term ending June 30, 2016.
58. For Member, Concord University Board of Governors, William McKee, Jr., Charleston, Kanawha County, for the term ending June 30, 2017.
59. For Member, Shepherd University Board of Governors, John Beatty, Martinsburg, Berkeley County, for the term ending June 30, 2017.
60. For Member, Shepherd University Board of Governors, Douglas Scott Roach, Martinsburg, Berkeley County, for the term ending June 30, 2017.
61. For Member, Shepherd University Board of Governors, Tia McMillan, Martinsburg, Berkeley County, for the term ending June 30, 2016.
62. For Member, Mountwest Community and Technical College Board of Governors, Mark George, Huntington, Cabell County, for the term ending June 30, 2016.
63. For Member, Mountwest Community and Technical College Board of Governors, Jim Hale, Huntington, Cabell County, for the term ending June 30, 2016.
64. For Member, Mountwest Community and Technical College Board of Governors, Mike Herron, Weston, Lewis County, for the term ending June 30, 2016.
65. For Member, Mountwest Community and Technical College Board of Governors, Ruth Cline, Huntington, Cabell County, for the term ending June 30, 2016.
66. For Member, Mountwest Community and Technical College Board of Governors, Cathy Burns, Huntington, Cabell County, for the term ending June 30, 2016.
67. For Member, West Virginia University-Parkersburg Board of Governors, Joe Campbell, Parkersburg, Wood County, for the term ending June 30, 2016.
68. For Member, West Virginia University-Parkersburg Board of Governors, Gerard El Chaar, Vienna, Wood County, for the term ending June 30, 2014.
69. For Member, West Virginia University-Parkersburg Board of Governors, Curtis Miller, Vienna, Wood County, for the term ending June 30, 2016.
70. For Member, West Virginia University-Parkersburg Board of Governors, Rock Wilson, Williamstown, Wood County, for the term ending June 30, 2014.
71. For Member, West Virginia University-Parkersburg Board of Governors, The Honorable Karen L. Facemyer, Ripley, Jackson County, for the term ending June 30, 2016.
72. For Member, West Virginia University-Parkersburg Board of Governors, Sam Winans, Vienna, Wood County, for the term ending June 30, 2014.
73. For Member, Board of Directors of the West Virginia United Health System, Inc., Richard Pill, Martinsburg, Berkeley County, for the term ending October 15, 2018.
74. For Member, Board of Directors of the West Virginia United Health System, Inc., Thomas Heywood, Charleston, Kanawha County, for the term ending October 15, 2018.
75. For Member, Northern Community College Board of Governors, Robert Contraguerro, Jr., Wheeling, Ohio County, for the term ending June 30, 2015.
76. For Member, Northern Community College Board of Governors, Gus Monezis, Weirton, Brooke County, for the term ending June 30, 2017.
77. For Member, Northern Community College Board of Governors, Mary K. Hervey DeGarmo, Wellsburg, Brooke County, for the term ending June 30, 2016.
78. For Member, Higher Education Policy Commission, Gary White, Logan, Logan County, for the term ending June 30, 2017.
79. For Member, Higher Education Policy Commission, Michael Farrell, Huntington, Cabell County, for the term ending June 30, 2017.
80. For Member, Higher Education Policy Commission, Dr. Bruce Berry, Morgantown, Monongalia County, for the term ending June 30, 2017.
81. For Member, Higher Education Policy Commission, Dr. John Leon, Fairmont, Marion County, for the term ending June 30, 2017.
82. For Member, Northern Community College Board of Governors, Darrell Cummings, Wheeling, Ohio County, for the term ending June 30, 2017.
83. For Member, Northern Community College Board of Governors, Alfred Renzella, Glen Dale, Marshall County, for the term ending June 30, 2016.
84. For Member, Northern Community College Board of Governors, Toni Shute, Follansbee, Brooke County, for the term ending June 30, 2016.
85. For Member, Parole Board, Dennis Foreman, Barboursville, Cabell County, for the term ending June 30, 2019.
86. For Member, Parole Board, Brenda Stucky, Charleston, Kanawha County, for the term ending June 30, 2019.
87. For Member, Parole Board, Michael Trupo, Bridgeport, Harrison County, for the term ending June 30, 2019.
88. For Member, Commission for the Deaf and Hard of Hearing, George Blakely, Springfield, Hampshire County, for the term ending June 30, 2016.
89. For Member, Commission for the Deaf and Hard of Hearing, Jamie Mallory, Dunbar, Kanawha County, for the term ending June 30, 2016.
90. For Member, Commission for the Deaf and Hard of Hearing, John Burdette, Ronceverte, Greenbrier County, for the term ending June 30, 2014.
91. For Member, Commission for the Deaf and Hard of Hearing, Elizabeth Leisure, Parkersburg, Wood County, for the term ending June 30, 2014.
92. For Member, Commission for the Deaf and Hard of Hearing, Dr. Karen McNealy, Huntington, Cabell County, for the term ending June 30, 2016.
93. For Member, Board of Control for Southern Regional Education, The Honorable Thomas W. Campbell, Lewisburg, Greenbrier County, for the term ending June 30, 2017.
94. For Member, Broadband Deployment Council, Matthew Ballard, Elkview, Kanawha County, to serve at the will and pleasure of the Governor.
95. For Member, Statewide Independent Living Council, Ronald Brown, Charleston, Kanawha County, for the term ending June 30, 2016.
96. For Member, Statewide Independent Living Council, Kentia Smith, Beckley, Raleigh County, for the term ending June 30, 2016.
97. For Member, Statewide Independent Living Council, Nathan Parker, Huntington, Cabell County, for the term ending June 30, 2016.
98. For Member, Statewide Independent Living Council, John Taylor, Charleston, Kanawha County, for the term ending June 30, 2016.
99. For Member, Statewide Independent Living Council, Jan Lilly-Stewart, Charleston, Kanawha County, for the term ending June 30, 2016.
100.For Member, Statewide Independent Living Council, Carissa Davis, St. Albans, Kanawha County, for the term ending June 30, 2016.
101.For Member, Board of Examiners for Speech-Language Pathology and Audiology, Dr. Vernon Mullins, Logan, Logan County, for the term ending June 30, 2016.
102.For Member, Board of Examiners for Speech-Language Pathology and Audiology, Erin Ball, Slatyfork, Pocahontas County, for the term ending June 30, 2016.
103.For Member, Design-Build Board, John Goetz IV, Dunbar, Kanawha County, for the term ending July 7, 2016.
104.For Member, Design-Build Board, Roy Smith, Beckley, Raleigh County, for the term ending July 7, 2016.
105.For Member, Design-Build Board, Mary Jo Klempa, Wheeling, Ohio County, for the term ending July 7, 2016.
106.For Member, Design-Build Board, Ronnie Spradling, St. Albans, Kanawha County, for the term ending July 7, 2016.
107.For Member, Eastern West Virginia Community and Technical College Board of Governors, George Sponaugle, Franklin, Pendleton County, for the term ending June 30, 2017.
108.For Member, Eastern West Virginia Community and Technical College Board of Governors, Scott Staley, Augusta, Hampshire County, for the term ending June 30, 2017.
109.For Member, Eastern West Virginia Community and Technical College Board of Governors, Faron Shanholtz, Petersburg, Grant County, for the term ending June 30, 2017.
110.For Member, Board of Dentistry, Dr. Stan Kaczkowski, Cross Lanes, Kanawha County, for the term ending June 30, 2018.
111.For Member, Board of Dentistry, Dr. Diane Paletta, Charleston, Kanawha County, for the term ending June 30, 2017.
112.For Member, Board of Dentistry, Mary Beth Shea, Parkersburg, Wood County, for the term ending June 30, 2017.
113.For Member, Board of Dentistry, William Ford III, Clarksburg, Harrison County, for the term ending June 30, 2017.
114.For Member, Board of Medicine, Richard Bowyer, Fairmont, Marion County, for the term ending September 30, 2018.
115.For Member, Board of Medicine, Beth Hays, Bluefield, Mercer County, for the term ending September 30, 2017.
116.For Member, Board of Medicine, Dr. Rusty Cain, Fairmont, Marion County, for the term ending September 30, 2017.
117.For Member, Board of Medicine, Cheryl Henderson, Huntington, Cabell County, for the term ending September 30, 2017.
118.For Member, Board of Medicine, Dr. Matthew Upton, Dunbar, Kanawha County, for the term ending September 30, 2018.
119.For Member, Board of Medicine, Kenneth Dean Wright, Huntington, Cabell County, for the term ending September 30, 2017.
120.For Member, Board of Optometry, Dr. Steven Odekirk, Charleston, Kanawha County, for the term ending June 30, 2014.
121.For Member, Ethics Commission, The Honorable Jack Buckalew, Charleston, Kanawha County, for the term ending June 30, 2014.
122.For Member, Ethics Commission, The Honorable Betty Ireland, Charleston, Kanawha County, for the term ending June 30, 2016.
123.For Member, Ethics Commission, Monte Williams, Morgantown, Monongalia County, for the term ending June 30, 2017.
124.For Member, Ethics Commission, Reverend Father Douglas Sutton, Mannington, Marion County, for the term ending June 30, 2016.
125.For Member, Ethics Commission, Robert Wolfe, Man, Logan County, for the term ending June 30, 2018.
126.For Member, Ethics Commission, The Honorable Michael Greer, Bridgeport, Harrison County, for the term ending June 30, 2017.
127.For Member, Ethics Commission, Suzan Singleton, Moundsville, Marshall County, for the term ending June 30, 2018.
128.For Member, Design-Build Board, Richard Forren, Fairmont, Marion County, for the term ending July 7, 2014.
129.For Member, Real Estate Commission, Kathy Zaferatos, Daniels, Raleigh County, for the term ending June 30, 2017.
130.For Member, Board of Registration for Professional Engineers, Richard Plymale, Jr., Charleston, Kanawha County, for the term ending June 30, 2017.
131.For Member, Board of Registration for Professional Engineers, Bhajan Saluja, Charleston, Kanawha County, for the term ending June 30, 2016.
132.For Member, Board of Registration for Professional Engineers, William Pierson, Scott Depot, Putnam County, for the term ending June 30, 2018.
133.For Member, Consolidated Public Retirement Board, Jeff Vallet, Logan, Logan County, for the term ending June 30, 2017.
134.For Member, Real Estate Commission, Joe Ellison, Greenville, Monroe County, for the term ending June 30, 2015.
135.For Member, Board of Optometry, Dr. William Ratcliff, Huntington, Cabell County, for the term ending June 30, 2016.
136.For Member, Board of Optometry, Dr. Matthew Berardi, Farmington, Marion County, for the term ending June 30, 2014.
137.For Member, Solid Waste Management Board, Steve Pilato, Fayetteville, Fayette County, for the term ending June 30, 2017.
138.For Member, Solid Waste Management Board, Roger Bryant, Logan, Logan County, for the term ending June 30, 2018.
139.For Member, Solid Waste Management Board, Alice Jo Buzzard, Cameron, Marshall County, for the term ending June 30, 2016.
140.For Member, Solid Waste Management Board, Mallie Combs, Moorefield, Hardy County, for the term ending June 30, 2014.
141.For Member, Solid Waste Management Board, Tim Blankenship, Baisden, Mingo County, for the term ending June 30, 2015.
142.For Member, Public Employees Insurance Agency Finance Board, Joshua Sword, South Charleston, Kanawha County, for the term ending June 30, 2016.
143.For Member, Public Employees Insurance Agency Finance Board, Brian Donat, Winfield, Putnam County, for the term ending June 30, 2018.
144.For Member, Public Employees Insurance Agency Finance Board, Bill Ihlenfeld, Wheeling, Ohio County, for the term ending June 30, 2016.
145.For Member, Public Employees Insurance Agency Finance Board, William Milam, Charleston, Kanawha County, for the term ending June 30, 2016.
146.For Member, Veterans’ Council, Mary Byrd, Nitro, Kanawha County, for the term ending June 30, 2014.
147.For Member, Board of Veterinary Medicine, Monica Patton, Charleston, Kanawha County, for the term ending June 30, 2019.
148.For Member, Board of Veterinary Medicine, Dr. Mark Ayers, Huntington, Cabell County, for the term ending June 30, 2018.
149.For Member, Tourism Commission, Richard Atkinson III, South Charleston, Kanawha County, for the term ending May 1, 2016.
150.For Member, Tourism Commission, Kelly Palmer, Morgantown, Monongalia County, for the term ending May 1, 2015.
151.For Member, Tourism Commission, Peggy Myers-Smith, Morgantown, Monongalia County, for the term ending May 1, 2015.
152.For Commissioner, Tax Department, Mark Matkovich, Hurricane, Putnam County, to serve at the will and pleasure of the Governor.
153.For Member, Board of Veterinary Medicine, Dr. Keith Berkeley, Ranson, Jefferson County, for the term ending June 30, 2014.
154.For Member, Board of Veterinary Medicine, Dr. John Wilson, Lewisburg, Greenbrier County, for the term ending June 30, 2015.
155.For Member, Board of Veterinary Medicine, Dr. Barbara Jean Meade, Morgantown, Monongalia County, for the term ending June 30, 2017.
156.For Member, West Virginia University Board of Governors, J. Thomas Jones, Morgantown, Monongalia County, for the term ending June 30, 2016.
157.For Member, Board of Directors of the West Virginia United Health System, Inc., William Stone, Danville, Boone County, for the term ending October 15, 2014.
158.For Member, Board of Directors of the West Virginia United Health System, Inc., Jose Sartarelli, Morgantown, Monongalia County, for the term ending October 15, 2014.
159.For Member, Board of Accountancy, Louis Costanzo III, Wheeling, Ohio County, for the term ending June 30, 2015.
160.For Member, Board of Accountancy, Barry Burgess, Huntington, Cabell County, for the term ending June 30, 2016.
161.For Member, Board of Accountancy, Jon Cain, Sr., Parkersburg, Wood County, for the term ending June 30, 2016.
162.For Member, Nursing Home Administrators Licensing Board, Tammy Jo Painter, Charleston, Kanawha County, for the term ending June 30, 2018.
163.For Member, Nursing Home Administrators Licensing Board, Matthew Keefer, Leon, Mason County, for the term ending June 30, 2017.
164.For Member, Nursing Home Administrators Licensing Board, Beverly Jezioro, Flemington, Taylor County, for the term ending June 30, 2018.
165.For Member, Board of Acupuncture, Dr. David Didden, Shepherdstown, Jefferson County, for the term ending June 30, 2016.
166.For Member, Board of Acupuncture, Marian Hollinger, Morgantown, Monongalia County, for the term ending June 30, 2014.
167.For Member, Board of Acupuncture, Dr. Darrell Samples, Huntington, Cabell County, for the term ending June 30, 2015.
168.For Member, Board of Acupuncture, Michelle DeStefano, Shepherdstown, Jefferson County, for the term ending June 30, 2014.
169.For Member, Council for Community and Technical College Education, William Baker, Daniels, Raleigh County, for the term ending December 20, 2016.
170.For Member, Council for Community and Technical College Education, John Panza, Fairmont, Marion County, for the term ending December 20, 2014.
171.For Member, Council for Community and Technical College Education, Clarence Pennington, Martinsburg, Berkeley County, for the term ending December 20, 2017.
172.For Member, Council for Community and Technical College Education, John Walker, Chapmanville, Logan County, for the term ending December 20, 2016.
173.For Member, Council for Community and Technical College Education, Christina Cameron, Charleston, Kanawha County, for the term ending December 20, 2015.
Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
Sincerely,
Earl Ray Tomblin,
Governor.
Which communication was received and referred to the Committee on Confirmations.
On motion of Senator Green, consideration of the nominations immediately hereinbefore reported was made a special order of business for Saturday, March 8, 2014, at 11 a.m.
The Senate proceeded to the sixth order of business.
Senators Chafin, Cole, Stollings, Jenkins and Green offered the following resolution:
Senate Concurrent Resolution No. 58--Requesting the Division of Highways to name a portion of County Route 8, also known as Beech Creek Road, beginning at the Beech Creek Community Park and ending at County Route 8/03, in Mingo County, West Virginia, the “Valentine ‘Wall’ Hatfield Road”.
Whereas, Valentine “Wall” Hatfield settled his family in a log cabin in 1861 on Beech Creek Road. He married Jane Maynard, who was from a prominent family, and they had eleven children. However, Mr. Hatfield did not live to see his children become adults. His life was interrupted in the 1880s when he was sent to a Kentucky prison for a crime connected with an incident where three McCoy brothers were murdered in the aftermath of the killing of Ellison Hatfield; and
Whereas, Mr. Hatfield was the eldest brother of Devil Anse Hatfield, a justice of the peace and a partner in Devil Anse’s timber business. Unlike the other Hatfields, he voluntarily surrendered to Frank Phillips. Mr. Hatfield was convicted of the murder of the McCoy brothers and was given a life sentence in the Kentucky prison. He died six months later of unknown causes. Mr. Hatfield’s body was buried in an unmarked grave, and its location remains unknown; and
Whereas, Mr. Hatfield always maintained his innocence and tried to be the peacemaker among the Hatfields; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name a portion of County Route 8, also known as Beech Creek Road, beginning at the Beech Creek Community Park and ending at County Route 8/03, in Mingo County, West Virginia, the “Valentine ‘Wall’ Hatfield Road”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs at both ends of the roadway identifying the road as the “Valentine ‘Wall’ Hatfield Road”; 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 Mr. Hatfield’s only living grandchild, Irma Baisden.
Which, under the rules, lies over one day.
Senators Cann, Prezioso, Beach, Edgell, Plymale, Stollings, Unger and Green offered the following resolution:
Senate Concurrent Resolution No. 59--Requesting the Division of Highways to name bridge number 17-79-117.174, on Interstate 79, in Anmoore, Harrison County, West Virginia, heading south, the “U. S. Army PFC Nick A. Cavallaro Memorial Bridge”, and heading north, the “Staff Sergeant Benjamin T. Portaro Memorial Bridge”.
Whereas, Nick Cavallaro was born in Caulonia, Reggio Calabria, Italy, October 28, 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, Benjamin Portaro was born in Caulonia, Reggio Calabria, Italy, March 8, 1921, and immigrated to Anmoore, West Virginia, with his family; and
Whereas, When World War II broke out, Nick Cavallaro and Benjamin Portaro both enlisted in the United States Army; 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 awarded two Purple Heart Medals, the Bronze Star Medal and the Combat Infantryman Badge, as well as various medals by the French and Belgian governments; and
Whereas, Benjamin Portaro was a staff sergeant when he was discharged, having fought in two battles in France before fighting at the Battle of the Bulge in Belgium, where he was captured by German forces and eventually escaped; and
Whereas, Benjamin Portaro was awarded the Bronze Star Medal, Purple Heart Medal, POW Medal, Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, World War II Victory Medal, Combat Infantryman Badge 1st Award, Honorable Service Lapel Button WWII and the Marksman Badge with Rifle Bar; and
Whereas, Nick Cavallaro and Benjamin Portaro were Italian immigrants, cousins and citizens of Anmoore, West Virginia, and fought for their adopted country of the United States of America; and
Whereas, It is fitting to recognize the service and sacrifice of cousins Nick Cavallaro and Benjamin Portaro by naming this bridge in their honor as an everlasting tribute to their memory; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 17-79-117.174, on Interstate 79, in Anmoore, Harrison County, West Virginia, heading south, the “U. S. Army PFC Nick A. Cavallaro Memorial Bridge”, and heading north, the “Staff Sergeant Benjamin T. Portaro 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, heading south, as the “U. S. Army PFC Nick A. Cavallaro Memorial Bridge”, and heading north, the “Staff Sergeant Benjamin T. Portaro 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.
Which, under the rules, lies over one day.
Senators Prezioso, Edgell, Plymale, Stollings, Unger and Green offered the following resolution:
Senate Concurrent Resolution No. 60--Requesting that the Division of Highways name a section of Marion County Route 1, Marion County, West Virginia, from mile post 4.54 to mile post 9.15, the “USAF Sergeant Jerome E. Kiger Memorial Road”.
Whereas, Jerome Elwood Kiger was born in Mannington, Marion County, West Virginia, on December 26, 1921, the son of Jasper Newton Kiger and Mary Peal Kiger; and
Whereas, Jerome Elwood Kiger was educated in the public schools of Marion County, West Virginia, was a 1939 graduate of Mannington High School, Mannington, West Virginia, worked for Westinghouse Electric Company and enlisted in the United States Army Air Corps on August 17, 1942; and
Whereas, From August 17, 1942, through August 16, 1943, Jerome Elwood Kiger trained with Squadron B, Radio School, Army Air Corps, Salt Lake City, Utah; attended flight school; was classified as an AAF MOS 611 Aerial Gunner; and was deployed to serve in the European Theater as a member of the 579th Bomber Squadron, 392nd Bomber Group, Eighth Army Air Force and, through his distinguished service, attained the rank of Sergeant; and
Whereas, On July 21, 1944, the Eighth Air Force launched nine hundred sixty bombers on air raids on key industrial targets in southern Germany, targeting German aircraft plants and numerous targets between the cities of Suttgart and Munich; and
Whereas, Sergeant Jerome Elwood Kiger was the tail gunner on a B-24 Liberator in the air raids, headed toward the village of Oberpfaffenhofen, near Munich, when the aircraft came under heavy enemy fire; flak severely damaged the aircraft before it reached its target and it crashed southwest of Munich; and
Whereas, Seven crewmen bailed out of the aircraft; one was killed when his parachute failed. The six crew members who successfully landed were captured by the Germans; their fellow crew members, Sergeants Jerome Elwood Kiger and Charles R. Marshall, were presumably in the aircraft when it crashed, and were declared Missing in Action by the United States War Department; and
Whereas, During the following year, investigations and searches were conducted for the wreckage of the B-24 Liberator Bomber, and on July 22, 1945, the United States War Department officially declared Sergeant Jerome Elwood Kiger and his fellow airman, Sergeant Charles Marshall, as Killed in Action, even though neither their crash site nor their remains had been located, and in the interim years no further discovery was made of the official location of the crash site; and
Whereas, On November 23, 2008, Mr. Markus Mooser, a German citizen, contacted Sergeant Kiger’s family, reporting that he had found a crash site in the Starnberg district of Bavaria, Germany, which he correlated with the B-24 Liberator airplane that crashed with Sergeants Kiger and Marshall on board, and based on this discovery, the Joint POW/MIA Accounting Command (JPAC) investigated the site and determined that it was the official site of the B-24 airplane crash. Remains were discovered, and the identities of Sergeants Kiger and Marshall were confirmed; and
Whereas, On Sunday, July 21, 2013, the sixty-ninth anniversary of Sergeant Kiger’s death, a procession of family, friends, members of the military and representatives of the government accompanied the remains of Sergeant Kiger to Mannington Memorial Park, Mannington, West Virginia, where he was interred between the graves of his father and mother, in a designated grave site prepared for him by his parents prior to their deaths; and
Whereas, Sergeant Kiger was awarded the Air Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with one Bronze Service Star, the World War II Victory Medal, the Aerial-Gunner Badge Wing and the Army Service Ribbon, and will be awarded posthumously the Army Good Conduct Medal and the Purple Heart Medal; and
Whereas, Sergeant Jerome Elwood Kiger made the supreme sacrifice for his country in a foreign land and brought honor to his family, the citizens of West Virginia and his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name a section Marion County Route 1, Marion County, West Virginia, from mile post 4.54 to mile post 9.15, the “USAF Sergeant Jerome E. Kiger Memorial Road”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the “USAF Sergeant Jerome E. Kiger Memorial Road”; 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 Beach, Stollings, Fitzsimmons, Miller, McCabe, Wells, Edgell, Plymale, Cann, Unger, Yost, Prezioso, Kessler (Mr. President), Snyder, D. Hall, Jenkins, Green and Williams offered the following resolution:
Senate Resolution No. 38--Designating February 26, 2014, as West Virginia Nurses Unity Day.
Whereas, One in forty-three West Virginians is a nurse; and
Whereas, Nurses make a significant contribution of time, energy, heart and care toward the healing of our residents who are ill and suffering; and
Whereas, Nurses are powerful advocates for the health and well-being of all West Virginians, providing education, screening, nursing intervention, evaluation and research to improve the health of West Virginia residents throughout the life span from prebirth to the end of life; and
Whereas, Nurses meet the health needs of West Virginians not only in hospitals and long-term care facilities, but conveniently in their homes, at school, at work, at church, in community health centers, on the phone and on the Internet; and
Whereas, The Institute of Medicine recognizes nurses as key to solving our current rising cost of chronic illness through their expanding leadership as coordinators and collaborators of interdisciplinary health care teams; and
Whereas, The expanding roles of advanced practice registered nurses as nurse anesthetists, nurse midwives and certified nurse practitioners in a variety of specialties provide improved cost-effective access to health services in our rural state; and
Whereas, The American public has voted to acknowledge nurses as the most trusted professionals for twelve years; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 26, 2014, as West Virginia Nurses Unity Day; and, be it
Further Resolved, That the Senate recognizes and applauds the outstanding contributions made by all of our West Virginia nurses to the health, welfare and safety of our state and all of its citizens; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of West Virginia Nurses Unity Day.
At the request of Senator Miller, 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 Beach, and by unanimous consent, the remarks by Senator Miller regarding the adoption of Senate Resolution No. 38 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, at the request of Senator Unger, and by unanimous consent, returned to the fourth order of business.
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. 61 (originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance to study the development, funding and construction of a statewide, fiber optic broadband infrastructure network, known as the broadband middle mile, to be purchased and owned by the state.
Whereas, In building and improving the infrastructure of West Virginia, access to broadband services for all communities is vital; and
Whereas, Access to the Internet and high-speed broadband services is expensive and sometimes nonexistent in many areas of the state, reducing the chances of communities to attract and retain businesses and high-paying jobs; and
Whereas, It is essential to economic development and the viability of many communities that there be statewide access to high-speed, high-quality and inexpensive broadband services; and
Whereas, The National Broadband Plan (NBP) announced by the FCC in March, 2010, visualizes a significantly enhanced commitment to community institutions as an element of the plans for promoting broadband availability; and
Whereas, The plan states that every American community should have affordable access to at least 1 gigabit per second broadband service to anchor institutions such as schools, hospitals and government buildings; and
Whereas, The middle-mile provision is a major issue in reducing the price of broadband Internet service to nonincumbent operators. Internet bandwidth is relatively inexpensive to purchase in bulk at the major Internet peering points; and
Whereas, Middle-mile access, when bought from the incumbent operator, is often much more expensive, and typically forms the major expense of nonincumbent broadband ISPs and inhibits communities’ access to high-speed, high-quality and inexpensive broadband services; and
Whereas, The alternative, building out of their own fiber networks, is capital intensive, and thus unavailable to most new operators; and
Whereas, For this reason, many proposals for government broadband stimulus initiatives are directed at building out the middle mile; and
Whereas, The State of West Virginia must work with the NBP to develop a plan for broadband middle-mile infrastructure development and to create a separate infrastructure fund for broadband middle-mile infrastructure projects; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the development, funding and construction of a statewide, fiber optic broadband infrastructure network, known as the broadband middle mile, to be purchased and owned by the state; and, be it
Further Resolved, That the West Virginia Infrastructure and Jobs Development Council develop a draft state-wide broadband middle-mile infrastructure plan, including a separate infrastructure fund for broadband middle mile infrastructure projects, and make recommendations on the status of the plan to the Joint Committee on Government and Finance; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Senate Concurrent Resolution No. 62 (originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance to study the naming by resolution of roads, bridges and other transportation structures in West Virginia.
Whereas, The naming of roads, bridges, overpasses, intersections and other transportation structures in West Virginia is a practice frequently utilized by the West Virginia Legislature by concurrent resolution to recognize certain individuals or groups, particularly West Virginia military veterans, by naming such transportation structures in their honor; and
Whereas, Each year during the 2012 and 2013 regular sessions of the West Virginia Legislature, approximately two hundred fifty concurrent resolutions were introduced, approximately half of which were House Concurrent Resolutions or Senate Concurrent Resolutions directing the Department of Transportation or the Division of Highways to make and place such naming signs; and
Whereas, The trend of naming West Virginia transportation structures by resolution continues during this present legislative session; and
Whereas, It is a worthy undertaking by the West Virginia Legislature to recognize and publicly memorialize those West Virginians who contributed so much to their communities and this state, many of whom made the ultimate sacrifice while defending our country; and
Whereas, Each naming resolution requires numerous resources: Time to draft, consider, revise if necessary and vote on the proposal and, if adopted by both legislative chambers, costs to manufacture, install and maintain the new naming signs; and
Whereas, No criteria are currently in place that provide guidance as to which West Virginians should be honored; and
Whereas, Limitations and requirements as to the content and design of the naming signs do exist, including in West Virginia and federal law, by West Virginia Executive Order and in the Manual on Uniform Traffic Control Devices; and
Whereas, There are many important safety considerations to take into account when choosing proper names, including uniformity and conciseness of the name so as to not distract drivers and so that locations can easily be found in case of emergencies; and
Whereas, It is important that appropriate naming conventions be outlined and criteria be established for the naming of West Virginia transportation structures so as to assure the proper use of limited resources and the safety of West Virginians; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the naming by resolution of roads, bridges and other transportation structures in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations together with drafts of any rules or legislation necessary to effectuate its recommendations, including drafts of naming criteria; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And,
Senate Concurrent Resolution No. 63 (originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance to study the necessity of certain tax discounts and credits provided to suppliers and permissive suppliers of motor vehicle fuels.
Whereas, The ongoing economic and commercial development of the State of West Virginia is dependent upon a reliable and well-maintained transportation infrastructure; and
Whereas, Maintenance of our transportation infrastructure is financed through collections into the State Road Fund; and
Whereas, The rotation schedule for the repaving of our highways is lengthening into ever-greater intervals due to the necessary revenues for the State Road Fund not keeping pace with the maintenance needs of our transportation infrastructure; and
Whereas, West Virginia law currently provides that a supplier or permissive supplier, as defined in article fourteen-c, chapter eleven of West Virginia Code, who timely files a return with payment due may deduct, from the amount of tax payable with the return, an administrative discount of one tenth of one percent of the amount of tax payable to this state, not to exceed $5,000 per month; and
Whereas, West Virginia law currently also provides that a supplier or permissive supplier shall deduct three fourths of one percent of the tax due from the licensed distributor as a discount to that licensed distributor for sales from permissive suppliers or suppliers to licensed distributors; and
Whereas, The ability to maintain our transportation infrastructure depends, in part, upon periodic review of our tax policies and revenue structures in order to fund the construction and maintenance of our transportation infrastructure while also reflecting sound business practices in the production and distribution of motor vehicle fuels; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the necessity of certain tax discounts and credits provided to suppliers and permissive suppliers of motor vehicle fuels; and, be it
Further Resolved, That the Joint Committee on Government and Finance study whether such discounts and credits, if any, should be continued as part of a sound revenue policy; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that they each be adopted; but with the further recommendation that they first be referred to the Committee on Rules.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Kirkendoll, unanimous consent being granted, the resolutions (S. C. R. Nos. 61, 62 and 63) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration.
On motion of Senator Kirkendoll, the resolutions were referred to the Committee on Rules.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Concurrent Resolution No. 64 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance to study eliminating certain executive boards, councils, committees, panels, task forces, agencies and commissions that are unnecessary, outdated and extraneous.
Whereas, Some executive boards, councils, committees, panels, task forces, agencies and commissions never had members appointed; and
Whereas, Some executive boards, councils, committees, panels, task forces, agencies and commissions have met their statutory requirements and are now irrelevant; and
Whereas, Some executive boards, councils, committees, panels, task forces, agencies and commissions are now outdated; and
Whereas, Some executive boards, councils, committees, panels, task forces, agencies and commissions have not met in recent years; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study eliminating certain executive boards, councils, committees, panels, task forces, agencies and commissions that are unnecessary, outdated and extraneous; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted; but with the further recommendation that it first be referred to the Committee on Rules.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the resolution (S. C. R. No. 64) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration.
On motion of Senator Snyder, the resolution was referred to the Committee on Rules.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Concurrent Resolution No. 65 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance to study the overall organization of the Department of Health and Human Resources and determine if there is a more effective way that the department could be structured.
Whereas, The Department of Health and Human Resources is extremely vast; and
Whereas, The Department of Health and Human Resources is responsible for the Bureau for Medical Services, the Bureau for Behavioral Health and Health Facilities, the Bureau for Public Health, the Bureau for Children and Families and the Bureau for Child Support Enforcement; and
Whereas, Due to the size of the Department of Health and Human Resources, it may be beneficial to create smaller departments so as to increase the overall efficiency and make the services offered by the department more accessible to the public; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the overall organization of the Department of Health and Human Resources and determine if there is a more effective way that the department could be structured; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted; but with the further recommendation that it first be referred to the Committee on Rules.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the resolution (S. C. R. No. 65) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration.
On motion of Senator Snyder, the resolution was referred to the Committee on Rules.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 54, Requesting DOH name U. S. Rt. 54/6 in Wyoming County "Virginia & U. S. Army Major Woodrow Cook Memorial Road".
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. 55, Requesting DOH name bridge in Fayette County "Tygrett Brothers Seven Veterans 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 eighth order of business.
Com. Sub. for Com. Sub. for Senate Joint Resolution No. 10, Proposing constitutional amendment designated Right to Hunt and Fish in WV Amendment.
On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 25, 2014, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Palumbo, the following amendment to the resolution was reported by the Clerk:
On pages two and three, section twenty-three, by striking out everything after the article heading and inserting in lieu thereof the following:
§23. Right of the people to hunt, fish and harvest wildlife.
The people have a right to hunt, fish and harvest wildlife. This right may be protected by enactment and promulgation of laws, rules and policies, including, but not limited to, those that promote wildlife conservation and management and preserve the future of hunting, fishing and harvesting wildlife.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered “Amendment No. 1” and designated as the “Right of the People to Hunt, Fish, Harvest Wildlife in West Virginia Amendment” and the purpose of the proposed amendment is summarized as follows: “The purpose of this amendment is to protect the right of West Virginians to hunt, fish and harvest wildlife.”
Following discussion,
The question being on the adoption of Senator Palumbo’s amendment to the resolution, the same was put and prevailed.
Thereafter, at the request of Senator Carmichael, and by unanimous consent, the remarks by Senator Barnes regarding the adoption of Senator Palumbo’s amendment to Engrossed Committee Substitute for Committee Substitute for Senate Joint Resolution No. 10 were ordered printed in the Appendix to the Journal.
The resolution, as just amended, was ordered to engrossment.
Engrossed Committee Substitute for Committee Substitute for Senate Joint Resolution No. 10 was then read a third time and put upon its adoption.
Pending discussion,
The question being “Shall Engrossed Committee Substitute for Committee Substitute for Senate Joint Resolution No. 10 be adopted?”
On the adoption of the resolution, the yeas were: Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.
The nays were: Barnes and M. Hall--2.
Absent: Facemire--1.
On motion of Senator Palumbo, the following amendment to the title of the resolution was reported by the Clerk and adopted:
Eng. Com. Sub. for Com. Sub. for Senate Joint Resolution No. 10--Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof, by adding thereto a new section, designated section twenty-three, relating to the right to hunt, fish and harvest wildlife; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the resolution (Eng. Com. Sub. for Com. Sub. for S. J. R. No. 10) adopted, as follows:
Eng. Com. Sub. for Com. Sub. for Senate Joint Resolution No. 10--Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof, by adding thereto a new section, designated section twenty-three, relating to the right to hunt, fish and harvest wildlife; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2014, which proposed amendment is that article III thereof be amended by adding thereto a new section, designated section twenty-three, to read as follows:
ARTICLE III. BILL OF RIGHTS.
§23. Right of the people to hunt, fish and harvest wildlife.
The people have a right to hunt, fish and harvest wildlife. This right may be protected by enactment and promulgation of laws, rules and policies, including, but not limited to, those that promote wildlife conservation and management and preserve the future of hunting, fishing and harvesting wildlife.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered “Amendment No. 1” and designated as the “Right of the People to Hunt, Fish, Harvest Wildlife in West Virginia Amendment” and the purpose of the proposed amendment is summarized as follows: “The purpose of this amendment is to protect the right of West Virginians to hunt, fish and harvest wildlife.”
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator D. Hall, and by unanimous consent, the remarks by Senator Green regarding the adoption of Engrossed Committee Substitute for Committee Substitute for Senate Joint Resolution No. 10 were ordered printed in the Appendix to the Journal.
Eng. Com. Sub. for Senate Joint Resolution No. 12, Proposing constitutional amendment designated Claiming WV Water Resources for Use and Benefit of its Citizens Amendment.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senators Unger, unanimous consent was granted to offer amendments to the resolution on third reading.
Thereupon, on motions of Senators Unger and Kessler (Mr. President), the following amendments to the resolution were reported by the Clerk and considered simultaneously:
On page two, section nine, by striking out all of lines one through three and inserting in lieu thereof the following:
It shall be the policy of the State of West Virginia that the water resources of this state shall be protected, conserved, utilized and developed for the benefit, enjoyment and general welfare of its citizens consistent with and subject to the riparian rights and groundwater rights of the owners of real property.;
And,
On page two, section nine, by striking out all of lines eight and nine and inserting in lieu thereof the following: “‘Protecting and Conserving West Virginia’s Water Resources for the Use and Benefit of its Citizens Amendment’ and the purpose of the”.
Following discussion,
The question being on the adoption of the amendments offered by Senators Unger and Kessler (Mr. President) to the resolution, the same was put and prevailed.
Thereafter, at the request of Senator Barnes, and by unanimous consent, the remarks by Senators M. Hall, Unger and Blair regarding the adoption of the amendments offered by Senators Unger and Kessler (Mr. President) to Engrossed Committee Substitute for Senate Joint Resolution No. 12 were ordered printed in the Appendix to the Journal.
The resolution, as just amended, was ordered to engrossment.
Engrossed Committee Substitute for Senate Joint Resolution No. 12 was then read a third time and put upon its adoption.
On the adoption of the resolution, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, 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)--33.
The nays were: None.
Absent: Facemire--1.
On motions of Senators Unger and Kessler (Mr. President), the following amendment to the title of the resolution was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Joint Resolution No. 12--Proposing an amendment to the Constitution of the State of West Virginia, amending article II thereof, by adding thereto a new section, designated section nine, relating to protecting and conserving the water resources of the state for the citizens of West Virginia; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the resolution (Eng. Com. Sub. for S. J. R. No. 12) adopted, as follows:
Eng. Com. Sub. for Senate Joint Resolution No. 12--Proposing an amendment to the Constitution of the State of West Virginia, amending article II thereof, by adding thereto a new section, designated section nine, relating to protecting and conserving the water resources of the state for the citizens of West Virginia; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2014, which proposed amendment is that article II thereof be amended by adding thereto a new section, designated section nine, to read as follows:
ARTICLE II. THE STATE.
§9. Waters of the state.
It shall be the policy of the State of West Virginia that the water resources of this state shall be protected, conserved, utilized and developed for the benefit, enjoyment and general welfare of its citizens consistent with and subject to the riparian rights and groundwater rights of the owners of real property.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered “Amendment No. 1” and designated as the “Protecting and Conserving West Virginia’s Water Resources for the Use and Benefit of its Citizens Amendment” and the purpose of the proposed amendment is summarized as follows: “The purpose of this amendment is to protect and preserve West Virginia’s water resources for present and future use and enjoyment.”
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Joint Resolution No. 14, Proposing constitutional amendment designated Future Fund Amendment.
On third reading, coming up in regular order, was read a third time and put upon its adoption.
On the adoption of the resolution, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, 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)--33.
The nays were: None.
Absent: Facemire--1.
The following amendment to the title of the resolution, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. Senate Joint Resolution No. 14--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section twelve, relating to the West Virginia Future Fund; prohibiting spending of principal; permitting spending of investment income in certain instances from the West Virginia Future Fund; defining investment income; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the resolution (Eng. Com. Sub. for S. J. R. No. 14) adopted, as follows:
Eng. Com. Sub. for Senate Joint Resolution No. 14--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section twelve, relating to the West Virginia Future Fund; prohibiting spending of principal, permitting spending of investment income in certain instances from the West Virginia Future Fund and defining investment income; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in 2014, which proposed amendment is that article X thereof be amended by adding thereto a new section, designated section twelve, to read as follows:
ARTICLE X. Taxation and Finance.
§12. FUTURE FUND.
The principal of the West Virginia Future Fund, as created by general law, may not be spent, appropriated or encumbered. Investment income of the West Virginia Future Fund may be spent, appropriated or encumbered after a term of six years following the statutory creation of the West Virginia Future Fund. Investment income of the West Virginia Future Fund may be spent, appropriated or encumbered solely for enhancing education and workforce development; economic development and diversification; infrastructure improvements; and tax relief measures for the benefit of the citizens and businesses of the State of West Virginia in a manner and subject to conditions, definitions, qualifications and requirements as prescribed by general law. For purposes of this amendment, “investment income” means income of any nature whatsoever that is generated by or from an investment, including, but not limited to, distributions, dividends, interest payments and earnings, but shall not include unrealized gains.
The Legislature shall provide, by general law, for the implementation of the provisions of this amendment.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “Future Fund Amendment” and the purpose of the proposed amendment is summarized as follows: “The purpose of this amendment is to protect the principal of the West Virginia Future Fund and to specify how the investment income from the fund may be spent. The principal of the “West Virginia Future Fund”, as created by general law, may not be spent, appropriated or encumbered. Investment income of the West Virginia Future Fund may be spent, appropriated or encumbered after a term of six years following the statutory creation of the West Virginia Future Fund. Investment income of the West Virginia Future Fund may be spent, appropriated, or encumbered solely for enhancing education and workforce development; economic development and diversification; infrastructure improvements; and tax relief measures for the benefit of the citizens and businesses of the State of West Virginia in a manner and subject to conditions, definitions, qualifications and requirements as prescribed by general law.”
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. 204, Relating to crime victims compensation awards.
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: Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, 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)--32.
The nays were: Barnes--1.
Absent: Facemire--1.
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. 204) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, 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)--32.
The nays were: Barnes--1.
Absent: Facemire--1.
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 Com. Sub. for S. B. No. 204) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 365, Excepting certain Ethics Act provisions for elected Conservation District Supervisors.
On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 25, 2014, for further amendments to be received on third reading, was reported by the Clerk.
There being no further amendments offered,
The bill, as amended on yesterday, Tuesday, February 25, 2014, was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 365 was then 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, 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)--33.
The nays were: None.
Absent: Facemire--1.
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. 365) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 365--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5c; to amend said code by adding thereto a new section, designated §19-21A-4a; and to amend said code by adding thereto a new section, designated §61-10-15a, all relating to elected conservation district supervisors; providing an exemption to qualified elected conservation district supervisors and their immediate family to participate in West Virginia Conservation Agency programs from certain provisions of the West Virginia Ethics Act; authorizing emergency and legislative rule-making authority for the State Conservation Committee to establish qualifications for persons, including elected conservation district supervisors and their immediate family, to participate in West Virginia Conservation Agency programs; providing that the elected conservation district supervisors cannot participate in establishing the ranking process nor vote on matters affecting the elected conservation district supervisor or his or her immediate family; providing an appeal process; and exempting elected conservation district supervisors from pecuniary interest provisions of crimes against public policy.
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, 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)--33.
The nays were: None.
Absent: Facemire--1.
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. 365) takes effect from passage.
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. 391, Providing salary increase for teachers and school service personnel.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Plymale, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motions of Senators Plymale and Prezioso, the following amendment to the bill was reported by the Clerk:
On page four, section two, by striking out lines fifty-two through ninety-one and inserting in lieu thereof the following:
STATE MINIMUM SALARY SCHEDULE |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
Years |
4th |
3rd |
2nd |
|
A.B. |
|
M.A. |
M.A. |
M.A. |
Doc- |
Exp. |
Class |
Class |
Class |
A.B. |
+15 |
M.A. |
+15 |
+30 |
+45 |
torate |
0 |
27,754 |
28,443 |
28,709 |
30,152 |
30,913 |
32,680 |
33,441 |
34,202 |
34,963 |
35,998 |
1 |
28,082 |
28,771 |
29,037 |
30,670 |
31,431 |
33,199 |
33,960 |
34,720 |
35,481 |
36,516 |
2 |
28,411 |
29,099 |
29,365 |
31,189 |
31,950 |
33,717 |
34,478 |
35,239 |
36,000 |
37,035 |
3 |
28,739 |
29,427 |
29,693 |
31,708 |
32,468 |
34,236 |
34,997 |
35,757 |
36,518 |
37,553 |
4 |
29,311 |
29,999 |
30,265 |
32,470 |
33,231 |
34,999 |
35,760 |
36,520 |
37,281 |
38,316 |
5 |
29,639 |
30,327 |
30,593 |
32,989 |
33,750 |
35,517 |
36,278 |
37,039 |
37,800 |
38,835 |
6 |
29,967 |
30,655 |
30,921 |
33,507 |
34,268 |
36,036 |
36,797 |
37,557 |
38,318 |
39,353 |
7 |
30,295 |
30,984 |
31,249 |
34,026 |
34,787 |
36,554 |
37,315 |
38,076 |
38,837 |
39,872 |
8 |
30,623 |
31,312 |
31,578 |
34,544 |
35,305 |
37,073 |
37,834 |
38,594 |
39,355 |
40,390 |
9 |
30,951 |
31,640 |
31,906 |
35,063 |
35,824 |
37,591 |
38,352 |
39,113 |
39,874 |
40,909 |
10 |
31,280 |
31,968 |
32,234 |
35,583 |
36,343 |
38,111 |
38,872 |
39,633 |
40,393 |
41,428 |
11 |
31,608 |
32,296 |
32,562 |
36,101 |
36,862 |
38,630 |
39,390 |
40,151 |
40,912 |
41,947 |
12 |
31,936 |
32,624 |
32,890 |
36,620 |
37,380 |
39,148 |
39,909 |
40,670 |
41,430 |
42,465 |
13 |
32,264 |
32,952 |
33,218 |
37,138 |
37,899 |
39,667 |
40,427 |
41,188 |
41,949 |
42,984 |
14 |
32,592 |
33,280 |
33,546 |
37,657 |
38,417 |
40,185 |
40,946 |
41,707 |
42,467 |
43,502 |
15 |
32,920 |
33,608 |
33,874 |
38,175 |
38,936 |
40,704 |
41,464 |
42,225 |
42,986 |
44,021 |
16 |
33,248 |
33,936 |
34,202 |
38,694 |
39,454 |
41,222 |
41,983 |
42,744 |
43,504 |
44,539 |
17 |
33,576 |
34,265 |
34,530 |
39,212 |
39,973 |
41,741 |
42,502 |
43,262 |
44,023 |
45,058 |
18 |
33,904 |
34,593 |
34,859 |
39,731 |
40,492 |
42,259 |
43,020 |
43,781 |
44,542 |
45,577 |
19 |
34,232 |
34,921 |
35,187 |
40,249 |
41,010 |
42,778 |
43,539 |
44,299 |
45,060 |
46,095 |
20 |
34,560 |
35,249 |
35,515 |
40,768 |
41,529 |
43,296 |
44,057 |
44,818 |
45,579 |
46,614 |
21 |
34,889 |
35,577 |
35,843 |
41,286 |
42,047 |
43,815 |
44,576 |
45,336 |
46,097 |
47,132 |
22 |
35,217 |
35,905 |
36,171 |
41,805 |
42,566 |
44,333 |
45,094 |
45,855 |
46,616 |
47,651 |
23 |
35,545 |
36,233 |
36,499 |
42,324 |
43,084 |
44,852 |
45,613 |
46,373 |
47,134 |
48,169 |
24 |
35,873 |
36,561 |
36,827 |
42,842 |
43,603 |
45,371 |
46,131 |
46,892 |
47,653 |
48,688 |
25 |
36,201 |
36,889 |
37,155 |
43,361 |
44,121 |
45,889 |
46,650 |
47,411 |
48,171 |
49,206 |
26 |
36,529 |
37,217 |
37,483 |
43,879 |
44,640 |
46,408 |
47,168 |
47,929 |
48,690 |
49,725 |
27 |
36,857 |
37,545 |
37,811 |
44,398 |
45,158 |
46,926 |
47,687 |
48,448 |
49,208 |
50,243 |
28 |
37,185 |
37,874 |
38,139 |
44,916 |
45,677 |
47,445 |
48,205 |
48,966 |
49,727 |
50,762 |
29 |
37,513 |
38,202 |
38,468 |
45,435 |
46,195 |
47,963 |
48,724 |
49,485 |
50,245 |
51,280 |
30 |
37,841 |
38,530 |
38,796 |
45,953 |
46,714 |
48,482 |
49,242 |
50,003 |
50,764 |
51,799 |
31 |
38,170 |
38,858 |
39,124 |
46,472 |
47,233 |
49,000 |
49,761 |
50,522 |
51,282 |
52,317 |
32 |
38,498 |
39,186 |
39,452 |
46,990 |
47,751 |
49,519 |
50,280 |
51,040 |
51,801 |
52,836 |
33 |
38,826 |
39,514 |
39,780 |
47,509 |
48,270 |
50,037 |
50,798 |
51,559 |
52,320 |
53,355 |
34 |
39,154 |
39,842 |
40,108 |
48,027 |
48,788 |
50,556 |
51,317 |
52,077 |
52,838 |
53,873 |
35 |
39,482 |
40,170 |
40,436 |
48,546 |
49,307 |
51,074 |
51,835 |
52,596 |
53,357 |
54,392 |
Following discussion,
Senator Unger moved to be excused from voting on any matter pertaining to the bill under rule number forty-three of the Rules of the Senate, which motion prevailed.
The question being on the adoption of the amendment offered by Senators Plymale and Prezioso to the bill, the same was put and prevailed.
The bill, as just amended, was ordered to engrossment.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 391 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Walters, Wells, Williams, Yost and Kessler (Mr. President)--30.
The nays were: Carmichael and McCabe--2.
Absent: Facemire--1.
Excused from voting: Unger--1.
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. 391) passed with its title.
Senator Unger moved that the bill take effect July 1, 2014.
On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Walters, Wells, Williams, Yost and Kessler (Mr. President)--30.
The nays were: Carmichael and McCabe--2.
Absent: Facemire--1.
Excused from voting: Unger--1.
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 Com. Sub. for S. B. No. 391) takes effect July 1, 2014.
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. 393, Amending funding levels and date Governor may borrow from Revenue Shortfall Reserve Fund.
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, 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)--33.
The nays were: None.
Absent: Facemire--1.
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. 393) 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, 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)--33.
The nays were: None.
Absent: Facemire--1.
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 Com. Sub. for S. B. No. 393) 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. 460, Permitting School of Osteopathic Medicine invest certain moneys in its foundation.
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, 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)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 460) 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. 467, Updating code section relating to expungement of criminal convictions.
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, 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)--33.
The nays were: None.
Absent: Facemire--1.
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. 467) 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, 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)--33.
The nays were: None.
Absent: Facemire--1.
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. 467) takes effect from passage.
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. 473, Providing undesirable highway property be offered for public utility use.
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, 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)--33.
The nays were: None.
Absent: Facemire--1.
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. 473) passed.
On motion of Senator Sypolt, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 473--A Bill to amend and reenact §17-2A-19 of the Code of West Virginia, 1931, as amended, relating to the sale of real property by the Division of Highways;
creating an exception to the right of first refusal for the property to the principal abutting landowners for public service districts that request in writing that the property will be used for a public utility; and authorizing the transfer of the property to public service districts without having to follow the public auction provisions of this section.
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. 486, Establishing salaries and providing raises for State Police forensic lab employees.
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, 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)--33.
The nays were: None.
Absent: Facemire--1.
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. 486) 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. 495, Increasing collections into Land Division special revenue account.
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, 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)--33.
The nays were: None.
Absent: Facemire--1.
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. 495) 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. 539, Providing certain law-enforcement officers employed as school security be allowed to carry firearms.
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, 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)--33.
The nays were: None.
Absent: Facemire--1.
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. 539) 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. 544, Allowing sharing of juvenile records under certain circumstances with reciprocal states.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Unger, the bill was recommitted to the Committee on the Judiciary.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 556, Providing complimentary certified veterans' death certificates under certain circumstances.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Unger, the bill was recommitted to the Committee on Finance.
Eng. Senate Bill No. 596, Modifying statute of limitations on demand note collections.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Unger, the bill was rereferred to the Committee on Banking and Insurance.
Eng. Com. Sub. for House Bill No. 4350, Providing for the awarding of a West Virginia Veterans Medal and ribbon, and a West Virginia Service Cross and ribbon to certain qualifying West Virginia Veterans.
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, 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)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4350) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 2165, Relating to death certificates of military veterans.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Military, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §16-5-29 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §59-1-10 of said code be amended and reenacted, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 5. VITAL STATISTICS.
§16-5-29. Fees for copies and searches.
(a) The commissioner shall prescribe the fees to be charged and collected by the State Registrar for certified copies of certificates or records, not to exceed $10 per copy, or for a search of the files or records when no copy is made: Provided, That the fee may be increased to a maximum of $12 per copy, at the discretion of the commissioner, after July 1, 2008.
(b) The commissioner may prescribe additional fees for the priority production or express delivery of certified copies.
(c) The State Registrar may furnish certified copies of birth and death records to state agencies and to organized charities free of charge when the certificates are needed in presenting claims to the federal government or to a state for public assistance. The State Registrar will keep a record of all certificates furnished pursuant to this subsection.
(d) Beginning July 1, 2014, upon request made within thirty days of the date of death of a veteran, the State Registrar shall issue without fee no more than a total of two certified copies of a veteran’s death certificate to: (i) A family member or dependent of the veteran; (ii) the personal representative of the veteran’s estate; or (iii) the funeral director providing funeral services for the veteran with written permission from the person responsible for payment of the funeral services or a family member or dependent of the veteran: Provided, That proof of the veteran’s military service is furnished at the time of the request. However, as provided by section twelve-a, article four, chapter fifty-one of this code, no fee may be charged for a death certificate that is necessary to obtain benefits from the federal or state government. As used in this subsection, “veteran” means any person who has served in the armed forces of the United States, the military reserve or National Guard and who was not dishonorably discharged.
(d) (e) Subject to the provisions set forth in section two, article two, chapter twelve of this code, there is hereby continued in the State Treasury a separate account which shall be designated the vital statistics account.
(e) (f) After July 1, 2006, and subject to the provisions set forth in section two, article two, chapter twelve of this code, there is established in the State Treasury a separate account which shall be designated the vital statistics improvement fund. Funds deposited in this account will be used to modernize and automate the system of vital statistics in this state and may not be used to supplant existing funding necessary for the daily operation of the system of vital statistics. Funds in this account will be retained in a nonlapsing fund for the improvement of the system of vital statistics.
(f) (g) The commissioner shall deposit $1 received under the provisions of this section for each certified copy to the vital statistics improvement fund and shall deposit $4 received under the provisions of this section for each certified copy to the General Revenue Fund account. The commissioner shall deposit the remainder of all fees received under the provisions of this section for certified copies and for priority production and express delivery to the vital statistics account.
(g) (h) The commissioner is authorized to expend the moneys deposited in the vital statistics account in accordance with the laws of this state as necessary to implement this article. The Legislature shall appropriate all moneys in the vital statistics account as part of the annual state budget.
(h) (i) The commissioner shall make an annual report to the Legislature on the vital statistics account, including the previous fiscal year's expenditures and projected expenditures for the next fiscal year.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-10. Fees to be charged by clerk of county commission.
For the purpose of this section, the word “page” is defined as being a paper or electronic writing of not more than legal size, 8 1/2" x 14".
(a) When a writing is admitted to record, for receiving proof of acknowledgment thereof, entering an order in connection therewith, endorsing clerk’s certificate of recordation thereon and indexing in a proper index, the clerk of the county commission shall charge and collect the following fees:
(1) Fifteen dollars for a deed of conveyance (with or without a plat), trust deed, fixture filing or security agreement concerning real estate lease.
(2) Forty dollars for a trustee’s report of sale for any property for which additional information and filing requirements are required by section eight-a, article one, chapter thirty-eight of this code. Twenty dollars of each recording fee received pursuant to this subdivision shall be deposited into the county’s General Revenue Fund and $20 paid quarterly by the clerk of the county commission to the West Virginia Housing Development Fund established in article eighteen, chapter thirty-one of this code.
(3) Ten dollars for a financing, continuation, termination or other statement or writing permitted to be filed under chapter forty-six of this code.
(4) Ten dollars for a plat or map (with no deed of conveyance).
(5) No charge for a service discharge record.
(6) Ten dollars for any document or writing other than those referenced in subdivisions (1), (2), (3), (4) and (5) of this subsection.
(7) One dollar for each additional page for documents or writings containing more than five pages.
For any of the documents admitted to record pursuant to this subsection, if the clerk of the county commission has the technology available to receive these documents in electronic form or other media, the clerk shall set a reasonable fee to record these writings not to exceed the cost for filing paper documents.
(8) Of the fees collected pursuant to subdivision (1), subsection (a) of this section, $10 shall be deposited in the county general fund in accordance with section twenty-eight of this article and $1 shall be deposited in the county general fund and dedicated to the operation of the county clerk’s office. Four dollars of the fees collected pursuant to subdivision (1), subsection (a) of this section and $5 of the fees collected pursuant to subdivision (6), subsection (a) of this section shall be paid by the county clerk into the State Treasury and deposited in equal amounts for deposit into the Farmland Protection Fund created in article twelve, chapter eight-a of this code for the benefit of the West Virginia Agricultural Land Protection Authority and into the Outdoor Heritage Conservation Fund created in article two-g, chapter five-b of this code. The funds deposited in the State Treasury pursuant to this subdivision may only be used for costs, excluding personnel costs, associated with purpose of land conservation, as defined in subsection (f), section seven, article two-g, chapter five-b of this code.
(b) Five dollars for administering any oath other than oaths by officers and employees of the state, political subdivisions of the state or a public or quasi-public entity of the state or a political subdivision of the state, taken in his or her official capacity.
(c) Fifty-five dollars for issuance of marriage license and other duties pertaining to the marriage license (including preparation of the application, administrating the oath, registering and recording the license, mailing acknowledgment of minister’s return to one of the licensees and notification to a licensee after sixty days of the nonreceipt of the minister’s return). This fee is reduced to $35 if the applicants present a premarital education course completion certificate issued pursuant to section seven hundred one, article two, chapter forty-eight of this code, and dated within one year of the application for a marriage license.
(1) One dollar of the marriage license fee received pursuant to this subsection shall be paid by the county clerk into the State Treasury as a state registration fee in the same manner that license taxes are paid into the Treasury under article twelve, chapter eleven of this code;
(2) Fifteen dollars of the marriage license fee received pursuant to this subsection shall be paid by the county clerk into the State Treasury for the Family Protection Shelter Support Act in the same manner that license taxes are paid into the Treasury under article twelve, chapter eleven of this code;
(3) Ten dollars of the marriage license fee received pursuant to this subsection shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code; and
(4) If a premarital education course completion certificate is not presented, the county clerk shall, on or before the tenth day of each month, transmit $20 of the marriage license fee received pursuant to this subsection to the State Treasurer for deposit in the State Treasury as follows:
(A) Five dollars to the credit of the Family Protection Shelter Support Act in the same manner that license taxes are paid into the treasury under article twelve, chapter eleven of this code;
(B) Five dollars to the credit of the special revenue account, hereby created, designated the Fund for Civil Legal Services for Low Income Persons, which shall consist of all gifts, grants, bequests, transfers, appropriations or other donations or payments which may be received and administered by the Division of Justice and Community Services from any governmental entity or unit or any person, firm, foundation, or corporation for the purposes of this section, and all interest or other return earned from investment of the fund. Expenditures from the fund shall be made by the Director of the Division of Justice and Community Services and shall be limited to grants to nonprofit agencies which provide civil legal services to low income persons made at his or her discretion. Any balance in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund and be expended as provided by this section.
(C) Ten dollars to the credit of the Marriage Education Fund created pursuant to section seven hundred two, article two, chapter forty-eight of this code.
(d) (1) One dollar and fifty cents for a copy of any writing or document, if it is not otherwise provided for.
(2) One dollar for each additional page if the writing or documents contains more than two pages.
(3) One dollar for annexing the seal of the commission or clerk to any paper.
(4) (A) Five dollars for a certified copy of a birth certificate, death certificate or marriage license, except as provided by paragraph (B) of this subdivision.
(B) Beginning July 1, 2014, upon request made within thirty days of the date of death of a veteran, the State Registrar shall issue without fee no more than a total of two certified copies of a veteran’s death certificate to: (i) A family member or dependent of the veteran; (ii) the personal representative of the veteran’s estate; or (iii) the funeral director providing funeral services for the veteran with written permission from the person responsible for payment of the funeral services or a family member or dependent of the veteran: Provided, That proof of the veteran’s military service is furnished at the time of the request. However, as provided by section twelve-a, article four of this chapter , no fee may be charged for a death certificate that is necessary to obtain benefits from the federal or state government. As used in this paragraph, “veteran” means any person who has served in the armed forces of the United States, the military reserve or National Guard and who was not dishonorably discharged.
(e) For copies of any record in electronic form or a medium other than paper, a reasonable fee set by the clerk of the county commission not to exceed the costs associated with document search and duplication.
The bill (Eng. Com. Sub. for H. B. No. 2165), as amended, was then ordered to third reading.
Eng. House Bill No. 4504, Providing for sharing juvenile records in certain circumstances with another state.
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 pages five and six, section one, lines seventy-four through ninety-two, by striking out all of subsection (h) and inserting in lieu thereof a new subsection (h), to read as follows:
(h) (1) Notwithstanding the provisions of this section, or any other provision of this code to the contrary, the Division of Juvenile Services may provide access to and the confidential use of a treatment plan, court records or other records of a juvenile to an agency in another state which:
(A) Performs the same functions in that state that are performed by the Division of Juvenile Services in this state;
(B) Has a reciprocal agreement with this state; and
(C) Has legal custody of the juvenile.
(2) A record which is shared under this subsection may only provide information which is relevant to the supervision, care, custody and treatment of the juvenile.
(3) The Division of Juvenile Services is authorized to enter into reciprocal agreements with other states and to propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this subsection.
(4) Other than the authorization explicitly given in this subsection, this subsection may not be construed to enlarge or restrict access to juvenile records as provided elsewhere in this code.
The bill (Eng. H. B. No. 4504), as amended, was then ordered to third reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators McCabe, Kirkendoll, Carmichael, Sypolt and Blair.
Thereafter, at the request of Senator Carmichael, and by unanimous consent, the remarks by Senator McCabe were ordered printed in the Appendix to the Journal.
At the request of Senator Stollings, unanimous consent being granted, the remarks by Senator Kirkendoll were ordered printed in the Appendix to the Journal.
At the request of Senator Williams, and by unanimous consent, the remarks by Senator Sypolt were ordered printed in the Appendix to the Journal.
On motion of Senator Unger, a leave of absence for the day was granted Senator Facemire.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, February 27, 2014, at 11 a.m.
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