Senate Daily Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

REGULAR SESSION, 2015

SEVENTH DAY

____________

Charleston, W. Va., Tuesday, January 20, 2015

The Senate met at 11 a.m.

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

Prayer was offered by Pastor Scotty Dingess, West Logan Church of God, Logan, West Virginia.

The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Mitch Carmichael, a senator from the fourth district.

Pending the reading of the Journal of Monday, January 19, 2015,

On motion of Senator Plymale, 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 fourth order of business.

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

Your Committee on the Judiciary has had under consideration

Senate Bill No. 12, Relating to payment of separated employee's outstanding wages.

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

Com. Sub. for Senate Bill No. 12 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §21-5-4 of the Code of West Virginia, 1931, as amended, relating to payment of wages by employers and when final wages are required to be paid; requiring payment of wages to be by next regular payday; providing exception; providing that bonuses and fringe benefits are not covered; reducing amount of liquidated damages available for a violation of this section; providing instance when liquidated damages are not available; clarifying that section does not address whether overtime pay is due; authorizing payment by mail if requested by employee; and establishing date paid if payment mailed pursuant to employee request.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Charles S. Trump IV,

Chair.

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

Your Committee on Agriculture and Rural Development has had under consideration

Senate Bill No. 210, Authorizing Agriculture Commissioner promulgate legislative rule relating to frozen desserts and imitation frozen desserts.

Senate Bill No. 211, Authorizing Agriculture Commissioner promulgate legislative rule relating to animal disease control.

Senate Bill No. 212, Authorizing Agriculture Commissioner promulgate legislative rule relating to auctioneers.

Senate Bill No. 213, Authorizing Agriculture Commissioner promulgate legislative rule relating to Pesticide Control Act of 1990 fee structure.

Senate Bill No. 214, Authorizing Agriculture Commissioner promulgate legislative rule relating to Plant Pest Act.

And,

Senate Bill No. 215, Authorizing Agriculture Commissioner promulgate legislative rule relating to meat and poultry inspection.

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

Respectfully submitted,

Daniel J. Hall,

Chair.

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

The Senate proceeded to the sixth order of business.

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

By Senators Walters and Nohe:

Senate Bill No. 256--A Bill to amend and reenact §18-8-4 of the Code of West Virginia, 1931, as amended, relating to increasing number of unexcused absences by a student before action may be taken against parent, guardian or custodian of the student.

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

By Senators Plymale, Stollings and Kirkendoll:

Senate Bill No. 257--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-11, relating to improving middle grades education; requiring the West Virginia Board of Education promulgate rules applicable to grades six through eight; requiring electronic school strategic improvement plans to reflect a clear mission focused on preparing students for success in rigorous high school courses and, ultimately, for most students to graduate and proceed to college or technical training; requiring state board to adopt college- and career-ready standards; requiring literacy skills to be embedded in all subjects; requiring accelerated mathematics instruction; requiring all teachers teaching seventh and eighth grade math be certified to teach high school math by July 1, 2019; requiring students to be engaged in a sequence of coherent science, technology, engineering and math experiences that provide more opportunities for students to discover their interests and aptitudes; requiring that all students have a career plan and an academic plan that includes at least one year of education beyond high school; requiring data and proven leadership techniques to be used to guide school change and focus professional development; requiring students who are not likely to finish high school to be identified by grade six; redesigning professional development, preparation and teacher certification; requiring state board to adopt indicators for determining whether districts and schools are meeting middle grades mission; requiring indicators to be included as a part of the accreditation process; and requiring the West Virginia Department of Education to employ or designate an existing employee for certain responsibilities.

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

By Senators Beach, Williams, Prezioso and Kessler:

Senate Bill No. 258--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-26-1, §7-26-2, §7-26-3, §7-26-4, §7-26-5, §7-26-6, §7-26-7, §7-26-8, §7-26-9, §7-26-10, §7-26-11, §7-26-12, §7-26-13, §7-26-14, §7-26-15, §7-26-16, §7-26-17, §7-26-18, §7-26-19, §7-26-20, §7-26-21, §7-26-22, §7-26-23, §7-26-24, §7-26-25, §7-26-26, §7-26-27, §7-26-28, §7-26-29, §7-26-30, §7-26-31, §7-26-32, §7-26-33, §7-26-34, §7-26-35, §7-26-36, §7-26-37, §7-26-38, §7-26-39, §7-26-40, §7-26-41, §7-26-42, §7-26-43, §7-26-44 and §7-26-45, all relating generally to the role of county commissions and Commissioner of Highways in construction and financing of road and bridge projects in counties; providing short title, legislative purpose and findings; defining terms; authorizing county commissions to develop road construction project plans; specifying process for development and approval of road construction project plans and plan amendments; allowing joint road construction project plans; requiring county commissions to submit road construction project plans and plan amendments to Commissioner of Highways for approval; specifying contents of application and approval process; creating new account and subaccounts in State Road Fund; allowing road construction projects to be financed on cash basis or by special revenue bonds issued by Commissioner of Highways; giving Commissioner of Highways jurisdiction over all road construction projects accepted into state road system; specifying that road construction projects are public improvements; requiring annual reporting by Commissioner of Highways on county road construction projects; providing procedures and requirements for issuance of special revenue bonds and refunding bonds for county road construction projects; providing that bonds are not debts of state, county or any political subdivisions, are negotiable instruments and are exempt from taxation; specifying that persons executing bonds have no personal liability; providing that powers relating to road construction project plans, construction of projects and issuance of special revenue bonds are additional powers; allowing county commissions with approved road construction projects to impose county transportation sales and use taxes; limiting rate of taxes; requiring transactions and uses subject or exempt from county sales and use taxes to conform to state consumers sales and service tax and use tax requirements except that county tax may not apply to sales of motor vehicles, motor fuels or to purchases where local taxation is prohibited by federal law; requiring Tax Commissioner to administer, collect and enforce county transportation sales and use tax and, for that purpose, specifying a fee allowed for commissioner’s services, making county transportation sales and use taxes subject to West Virginia Tax Procedure and Administration Act and to West Virginia Tax Crimes and Penalties Act; requiring that definitions, taxable transactions and exemptions from county transportation sales and use taxes automatically update when state consumers sales and service tax and use tax laws are amended; requiring county commissions to develop and maintain county rate and boundary databases; requiring county commission to notify Tax Commissioner if tax has been imposed or tax rate has changed; specifying when collection of county transportation sales and use taxes begins; requiring that net collection of county transportation sales and use taxes be deposited in subaccount of county in county road improvement account in the State Road Fund; providing that all powers are supplemental; exempting public officers from personal liability; providing for severability; and providing criminal penalties.

Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.

By Senators Beach, Snyder and Williams:

Senate Bill No. 259--A Bill to amend and reenact §17B-2-7b of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-15-44 of said code, all relating to creating exemption for autocycles, which are enclosed three-wheel motor vehicles that are equipped with safety belts, a rollbar, a windshield, wipers and a steering wheel; creating autocycle exemption from motorcycle examination, licensing and endorsement requirements; and allowing a person with a valid driver's license to operate an autocycle; creating autocycle exemption from helmet and certain other safety requirements; and defining “autocycle”.

Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.

By Senators Yost and Kessler:

Senate Bill No. 260--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-61, relating to requiring materials, supplies, equipment and other items purchased by the state and its agencies to be made in the United States; providing exceptions; and defining terms.

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

By Senators D. Hall, Miller, Snyder, Beach and Facemire:

Senate Bill No. 261--A Bill to amend and reenact §22-14-3 of the Code of West Virginia, 1931, as amended, relating to dams; and clarifying definition of “owner” of dam.

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