Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

REGULAR SESSION, 2015

EIGHTH DAY

____________

Charleston, W. Va., Wednesday, January 21, 2015

            The Senate met at 11 a.m.

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

            Prayer was offered by the Reverend Father Matthew Moore, St. John Greek Orthodox Church, Charleston, West Virginia.

            The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Daniel J. Hall, a senator from the ninth district.

            Pending the reading of the Journal of Tuesday, January 20, 2015,

            On motion of Senator Facemire, the Journal was approved and the further reading thereof dispensed with.

            The Senate proceeded to the second order of business and the introduction of guests.

            The Clerk presented a communication from the Board of Sanitarians, submitting its biennial report for fiscal years 2013 and 2014 as required by chapter thirty, article one, section twelve of the Code of West Virginia.

            Which communication and report were received and filed with the Clerk.

            The Senate 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. 43, Limiting tolling of statute of limitations for third-party complaints.

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

            Com. Sub. for Senate Bill No. 43 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §55-2-21 of the Code of West Virginia, 1931, as amended, relating to tolling statute of limitations in certain cases generally; limiting circumstances within which statute of limitations is tolled for institution of third-party complaints associated with pending civil actions; providing alternative periods when statute of limitations on third-party complaints is tolled; defining “third-party complaint”; and clarifying that this section does not limit doctrine of equitable tolling or discovery rule.

            With the recommendation that the committee substitute do pass.

                                                                        Respectfully submitted,

                                                                          Charles S. Trump IV,

                                                                            Chair.

            Senator Walters, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

            Your Committee on Transportation and Infrastructure has had under consideration

            Senate Bill No. 59, Creating felony offense of knowingly leaving crash scene resulting in serious bodily injury.

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

                                                                        Respectfully submitted,

                                                                          Chris Walters,

                                                                            Chair.

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

            Senator D. Hall, from the Committee on Labor, submitted the following report, which was received:

            Your Committee on Labor has had under consideration

            Senate Bill No. 153, Authorizing Division of Labor promulgate legislative rule relating to Amusement Rides and Amusement Attractions Safety Act.

            Senate Bill No. 154, Authorizing Division of Labor promulgate legislative rule relating to child labor.

            Senate Bill No. 155, Authorizing Division of Labor promulgate legislative rule relating to supervision of plumbing work.

            And,

            Senate Bill No. 156, Authorizing Division of Labor promulgate legislative rule relating to verification of legal employment status.

            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.

            Senator D. Hall, from the Committee on Labor, submitted the following report, which was received:

            Your Committee on Labor has had under consideration

            Senate Bill No. 157, Authorizing Division of Labor promulgate legislative rule relating to regulation of heating, venting and cooling work.

            And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Finance; and then to the Committee on the Judiciary.

                                                                        Respectfully submitted,

                                                                          Daniel J. Hall,

                                                                            Chair.

            The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary.

            Senator D. Hall, from the Committee on Labor, submitted the following report, which was received:

            Your Committee on Labor has had under consideration

            Senate Bill No. 158, Authorizing Division of Labor promulgate legislative rule relating to weights and measures calibration fees.

            And has amended same.

            And reports the same back with the recommendation that it do pass, as amended; but under the original triple committee reference first be referred to the Committee on Finance; and then to the Committee on the Judiciary.

                                                                        Respectfully submitted,

                                                                          Daniel J. Hall,

                                                                            Chair.

            The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary, with an amendment from the Committee on Labor pending.

            Senator Ferns, from the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration

            Senate Bill No. 178, Authorizing Family Protection Services Board promulgate legislative rule relating to domestic violence program licensure standards.

            Senate Bill No. 179, Authorizing Family Protection Services Board promulgate legislative rule relating to Monitored Parenting and Exchange Program certification.

            Senate Bill No. 180, Authorizing Family Protection Services Board promulgate legislative rule relating to board operation.

            Senate Bill No. 181, Authorizing Family Protection Services Board promulgate legislative rule relating to perpetrator intervention programs licensure for correctional institutions.

            Senate Bill No. 205, Authorizing Board of Pharmacy promulgate legislative rule relating to controlled substances monitoring.

            And,

            Senate Bill 228, Authorizing Family Protection Services Board promulgate legislative rule relating to perpetrator intervention programs licensure.

            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,

                                                                          Ryan J. Ferns,

                                                                            Chair.

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

            Senator Ferns, from the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration

            Senate Bill No. 203, Authorizing Board of Pharmacy promulgate legislative rule relating to immunizations administered by pharmacists.

            And has amended same.

            And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.

                                                                        Respectfully submitted,

                                                                          Ryan J. Ferns,

                                                                            Chair.

            The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Health and Human Resources pending.

            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 Stollings, Prezioso and Kirkendoll:

            Senate Bill No. 270--A Bill to amend and reenact §16-5H-2 of the Code of West Virginia, 1931, as amended, relating to raising from fifty to sixty percent the number of patients prescribed controlled substances for chronic pain to be designated a pain management clinic.

            Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

            By Senators Karnes and Nohe:

            Senate Bill No. 271--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §33-42-9 and §33-42-10, all relating to the care of aborted fetuses; requiring medical facilities that provide abortions to administer anesthesia to an unborn fetus when aborted if it is older than seven weeks; requiring all available medical means to be used to preserve the life of a fetus if it is alive when aborted; and providing criminal penalties.

            Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

            By Senator Karnes:

            Senate Bill No. 272--A Bill to amend and reenact §8-10-2 of the Code of West Virginia, 1931, as amended, relating to decreasing the number of jurors on a municipal jury in criminal matters from twelve to six.

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

            By Senators Cole (Mr. President) and Kessler (By Request of the Executive):

            Senate Bill No. 273--A Bill to amend and reenact §11-16-6, §11-16-9 and §11-16-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-16-6a, all relating to brewer, resident brewer and brewpub licensing and operations; permitting licensed brewers and resident brewers to conduct nonintoxicating beer sampling; permitting licensed brewers and resident brewers to conduct growler sales for off-premises consumption from their brewery premises located in the state; clarifying licensing and operational requirements for brewers, resident brewers and brewpubs; and removing brewpub bonding requirements.

            Referred to the Committee on Economic Development; and then to the Committee on the Judiciary.

            By Senators Cole (Mr. President) and Kessler (By Request of the Executive):

            Senate Bill No. 274--A Bill to amend and reenact §9-9-11 of the Code of West Virginia, 1931, as amended, relating to the Temporary Assistance for Needy Families program; and authorizing Secretary of Department of Health and Human Resources to prescribe policies in accordance with the program to reform violations, sanctions and penalties.

            Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

            By Senators Trump, Kessler, Unger, Nohe, Boso, Blair, Prezioso, D. Hall, Beach and Romano:

            Senate Bill No. 275--A Bill to amend and reenact §29B-1-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-7-4 of said code, all relating to concealed weapon permits; exempting information contained in a concealed weapon permit application from the Freedom of Information Act; protecting confidentiality of information collected in application for a concealed weapon permit; and providing criminal penalties.

            Referred to the Committee on the Judiciary.

            By Senators Karnes, Boley, Leonhardt, Maynard, Nohe, Plymale and D. Hall:

            Senate Bill No. 276--A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-13V-4 of said code, all relating to removing severance tax on timber.

            Referred to the Committee on Finance.

            By Senators Miller, D. Hall, Laird, Williams and Kirkendoll:

            Senate Bill No. 277--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5-20a, relating to a certificate of birth resulting in stillbirth; and creating "Noah’s Law".

            Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

            By Senator Karnes:

            Senate Bill No. 278--A Bill to repeal §20-2-42w of the Code of West Virginia, 1931, as amended; and to amend and reenact §20-2-5, §20-2-5g and §20-2-22a of said code, all relating to hunting; prohibiting hunting with night vision technology, drone or other unmanned aerial vehicle; and permitting hunting with crossbows.

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

            By Senators Walters, Blair, Gaunch, Boso, Karnes, Maynard and D. Hall:

            Senate Bill No. 279--A Bill to amend and reenact §21-1-2 of the Code of West Virginia, 1931, as amended, relating to qualifications of the Commissioner of Labor; and amending language that commissioner be identified with labor interests of the state.

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

            By Senators Cole (Mr. President), Boley, Ferns, Mullins, Nohe, Sypolt, Prezioso, Facemire, D. Hall, Williams, Kessler, Palumbo and Beach:

            Senate Bill No. 280--A Bill to amend and reenact §22-6A-7 of the Code of West Virginia, 1931, as amended, relating to allowing the transfer of well work permits upon approval of the Secretary of the Department of Environmental Protection.

            Referred to the Committee on the Judiciary.

            By Senator Plymale:

            Senate Bill No. 281--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11A-3A-1, §11A-3A-2, §11A-3A-3, §11A-3A-4, §11A-3A-5 and §11A-3A-6, all relating to creating a system of judicial in rem tax foreclosure sales; providing a judicial in rem tax foreclosure process as alternative to nonjudicial foreclosure process; defining terms; providing for identification of properties eligible for judicial foreclosure; setting forth requirements in petition for judicial foreclosure; requiring notice to owners and interested parties in order to preserve their due process rights; setting forth form of petition; detailing standards for judicial hearing on petition; requiring certain judicial order for sale; noting priority of claims; allowing for continuance upon death of interested party; providing process for redemption by owner or interested party prior to judicial foreclosure sale; stating sale procedure and timing; setting minimum bid requirements; addressing finality of purchase; permitting additional fourteen-day redemption period post sale for owner of property; requiring execution of tax deed and report of sale; and stating certain information that shall be included in deed.

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

            Senators Trump, Kessler, Unger, Nohe, D. Hall and Prezioso offered the following resolution:

            Senate Concurrent Resolution No. 10--Designating the month of September every year as U. S. Constitution Month and encouraging the people of West Virginia to remember and study the extraordinary events of 1787, which culminated in the drafting of the U. S. Constitution at the convention in Philadelphia.

            Whereas, The U. S. Constitution established America’s national government and fundamental laws and guaranteed certain basic rights for its citizens. It was signed on September 17, 1787, by delegates to the Constitutional Convention in Philadelphia and presided over by George Washington. Under America’s first governing document, the Articles of Confederation, the national government was weak and states operated like independent countries. At the 1787 convention, delegates devised a plan for a stronger federal government with three branches: Executive, Legislative and Judicial, together with a system of checks and balances to ensure no single branch would have too much power. The Bill of Rights, which are the first ten amendments to the Constitution guaranteeing basic individual protections such as freedom of speech and religion, became part of the Constitution in 1791. There have been a total of 27 constitutional amendments; and

            Whereas, As Benjamin Franklin said on the closing day of the convention in 1787, “I agree to this Constitution with all its faults, if they are such, because I think a central government is necessary for us… I doubt too whether any other convention we can obtain may be able to make a better Constitution”. It is still the most remarkable document of its kind in the political history of mankind; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby designates the month of September every year as U. S. Constitution Month and encourages the people of West Virginia to remember and study the extraordinary events of 1787, which culminated in the drafting of the U. S. Constitution at the convention in Philadelphia.

            Which, under the rules, lies over one day.

            Senators Ferns, Stollings, Palumbo, Kessler, Unger, Beach, Plymale, D. Hall, Trump and Prezioso offered the following resolution:

            Senate Resolution No. 9--Designating January 21, 2015, as “Disability Advocacy Day”.

            Whereas, There are over 400,000 West Virginians with disabilities; and

            Whereas, People with disabilities have the right to live, work and fully participate in their communities to realize their dreams; and

            Whereas, People with disabilities have the right to receive the supports they need to exercise self-determination, achieve independence and become productive employees in the workplace; and

            Whereas, West Virginia’s citizens with disabilities have banded together in a collective group, called the Fair Shake Network, to help bring their concerns to the forefront of public awareness; and

            Whereas, The Fair Shake Network has developed a statewide network concerned with all types of disabilities and all age groups, providing opportunities for people to learn from each other and take action together; and

            Whereas, The Fair Shake Network has become a credible source of information to policymakers, advocates and the public on policies and programs that impact people with disabilities; and

            Whereas, Such organizations as the West Virginia Department of Rehabilitation Services, West Virginia Developmental Disabilities Council, West Virginia Parent Training & Information, Job Squad, West Virginia Advocates, Mountain State Centers for Independent Living, Northern West Virginia Center for Independent Living, West Virginia Statewide Independent Living Council, Appalachian Center for Independent Living, West Virginia State Rehabilitation Council, West Virginia Association of the Deaf, Open Doors, Inc., National Association of Social Workers, WV Chapter, West Virginia University Center for Excellence in Disabilities, The Arc of West Virginia, People First and West Virginia Autism Training Center at Marshall University have joined together to help increase public awareness of issues involving the many concerns of West Virginians with disabilities through the Fair Shake Network; and

            Whereas, The purpose of Disability Advocacy Day is to increase the awareness and understanding of legislators, administrators, policymakers and the public of the public policy issues that are important to people with disabilities; therefore, be it

            Resolved by the Senate:

            That the Senate hereby designates January 21, 2015, as “Disability Advocacy Day”; and, be it

            Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the Fair Shake Network.

            At the request of Senator Ferns, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

            On motion of Senator Carmichael, the Senate recessed for one minute.

            Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

            Senators Palumbo, Plymale and Beach offered the following resolution:

            Senate Resolution No. 10--Recognizing Jake Harriman, founder and CEO of Nuru International, a native of Preston County and proud West Virginian, and other West Virginia natives and former West Virginia University graduates who have helped Nuru International become an influential force in the fight against extreme poverty throughout the world.

            Whereas, Jake Harriman grew up in Preston County, West Virginia, near Terra Alta, and attended West Virginia University before enrolling in and graduating from the United States Naval Academy, and later served in the United States Marine Corps; and

            Whereas, Jake Harriman served in infantry and as a special operations platoon commander in Force Reconnaissance, receiving the Bronze Star for his actions in combat; and

            Whereas, Jake Harriman identified a connection between terrorism, insurgency and extreme poverty that led him to leave the Marine Corps and enroll at Stanford University’s Graduate School of Business; and

            Whereas, Jake Harriman graduated from Stanford in 2008 and officially launched Nuru International in September, 2008, creating an innovative model for addressing extreme poverty in remote rural areas around the globe; and

            Whereas, Nuru International is a nonprofit organization with deep West Virginia roots that is having an incredible impact on poverty in Kenya and Ethiopia by working with extremely poor communities to train and empower them to become the answer to their own problems without giving any handouts; and

            Whereas, Nuru International has served more than 50,000 people in Kuria West, Kenya, and Boreda, Ethiopia, over the last six years through its innovative holistic, sustainable and scalable model to address global extreme poverty by building capacity with local leaders; and

            Whereas, Nuru International and Jake Harriman’s story has been featured in articles and interviews in the New York Times, Forbes, Huffington Post, ONE, Christian Science Monitor, ABC News, Fox Business, Al Jazeera America, BBC World Service and more; and

            Whereas, Four of Nuru International’s original five board of directors members were either West Virginia natives or graduates of West Virginia University, including Jake Harriman’s suite mate in Arnold Hall during freshman year at WVU; and

            Whereas, Nuru International’s board chairman, John Hancox, has family roots in Preston County, West Virginia, and is both a 1996 graduate from West Virginia University with a B. A. in Biology and a 2001 graduate from WVU School of Medicine; and

            Whereas, Nuru International board member Andy Cogar is originally from Gassaway, West Virginia, previously served as the Mountaineer from 1996-1998, graduated from WVU as a University Honors Scholar with a dual degree in Mathematics and Communications and later graduated from WVU School of Law; and

            Whereas, Nuru International’s Grassroots Movement Director and Director of Strategic Partnerships, Billy Williams, is a native of Parkersburg, West Virginia, graduated in 1997 from West Virginia University as a University Honors Scholar with a dual degree in Chemistry and English and in 2007 earned a M. A. in English from WVU; and

            Whereas, Other West Virginia University graduates have served on the staff or board of Nuru, including Trey Dunham, an original board member; Janine Brown, a 2006 MPH graduate; Megan Baird, an international studies graduate; Derek Roberts, a 2008 accounting graduate and native of Mount Zion, West Virginia, in Calhoun County; Tiffany Newcomb, a 2006 engineering graduate and native of Beckley, West Virginia, in Raleigh County; and Chris Isele, a 2013 business administration graduate; and

            Whereas, Nuru International is an international organization with supporters in most of the fifty states, with more donors and a greater volume of donations coming from West Virginia annually than any other state, in part because of the great pride West Virginians have for seeing fellow Mountaineers doing good work in the world; therefore, be it

            Resolved by the Senate:

            That the Senate hereby recognizes Jake Harriman, founder and CEO of Nuru International, a native of Preston County and proud West Virginian, and other West Virginia natives and former West Virginia University graduates who have helped Nuru International become an influential force in the fight against extreme poverty throughout the world; and, be it

            Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Jake Harriman, John Hancox, Andy Cogar, Billy Williams and Nuru International.

            At the request of Senator Palumbo, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

            On motion of Senator Carmichael, the Senate recessed for one minute.

            Upon expiration of the recess, the Senate reconvened and proceeded to the eighth order of business.

            Com. Sub. for Senate Bill No. 1, Repealing certain Alternative and Renewable Energy Portfolio Standard code sections; allowing net meter credit transfer by electric utility customer-generators to nonprofits.

            On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, January 20, 2015, for amendments to be received on third reading, was reported by the Clerk.

            On motion of Senator Mullins, the following amendment to the bill was reported by the Clerk and adopted:

            On page three, section eight, after line ten, by adding a new subsection, designated subsection (h), to read as follows:

            (h) The commission shall assure that any net metering tariff does not create a cross subsidization between customers within one class of service.

            On motions of Senators Kessler, Unger, Beach, Kirkendoll, Laird, Miller, Palumbo, Prezioso, Romano, Snyder, Stollings and Woelfel, the following amendment to the bill (Com. Sub. for S. B. No. 1) was next reported by the Clerk:

            By striking out everything after the enacting clause and inserting in lieu thereof the following:

            That §24-2F-2, §24-2F-3, §24-2F-4, §24-2F-5, §24-2F-6, §24-2F-7, §24-2F-9, §24-2F-10, §24-2F-11 and §24-2F-12 of the Code of West Virginia, 1931, as amended, be repealed; and that §24-2F-1 and §24-2F-8 of said code be amended and reenacted, all to read as follows:

ARTICLE 2F. NET METERING OF CUSTOMER-GENERATORS.

§24-2F-1. Audit of impact of repealing article.

            This article may be known and cited as the Alternative and Renewable Energy Portfolio Act. During the 2015 regular legislative session, the Legislature repealed the vast majority of this article in an attempt to create jobs and lower utility rates for consumers. The Legislative Auditor shall review the amendments made to this article during the 2015 regular legislative session and analyze the impact that the amendments had on: (1) Whether any jobs were gained or lost as a result of the amendments, including any impact on wages associated with the jobs affected by the amendments, such as wage increases or decreases in existing jobs, wages of jobs lost, wages of new jobs and the net impact on wages; and (2) whether any impact was made on utility rates for West Virginia consumers. The Legislature hereby requires that the Legislative Auditor prepare report of the analysis and findings requested by this section and that the report be both presented to the Joint Committee on Government and Finance and published on the Legislature's website on or before July 1, 2016.

§4-2F-8. Net metering and interconnection standards.

            (a) The commission shall adopt a rule requiring that all electric utilities provide a rebate or discount at fair value, to be determined by the commission, to customer-generators for any electricity generation that is delivered to the utility under a net metering arrangement.

            (b) The commission shall also consider adopting, by rule, a requirement that all sellers of electricity to retail customers in the state, including rural electric cooperatives, municipally owned electric facilities or utilities serving less fewer than thirty thousand residential electric customers in this state, offer net metering rebates or discounts to customer-generators.

            (c) The commission shall institute a general investigation for the purpose of adopting rules pertaining to net metering and the interconnection of eligible electric generating facilities intended to operate in parallel with an electric utility’s system. As part of its investigation, the commission shall take into consideration rules of other states within the applicable region of the regional transmission organization, as that term is defined in 18 C. F. R. §35.34, that manages a utility’s transmission system in any part of this state. Furthermore, the commission shall consider increasing the allowed kilowatt capacity for commercial customer-generators to an amount not to exceed five hundred kilowatts and for industrial customer-generators to an amount not to exceed two megawatts. The commission shall further consider interconnection standards for combined heat and power.

            (d) The commission shall promulgate these rules within twelve months of the effective date of this article.

            (e) The commission shall adopt a rule requiring that all electric utilities allow for customer- generators to transfer any accrued net meter credits to a utility-approved nonprofit that provides relief to customers in need of financial assistance.

            (f) “Net metering” means measuring the difference between electricity supplied by an electric utility and electricity generated from an alternative or renewable energy resource facility owned or operated by an electric retail customer when any portion of the electricity generated from the alternative or renewable energy resource facility is used to offset part or all of the electric retail customer's requirements for electricity.

            (g) “Customer-generator” means an electric retail customer who owns and operates a customer-sited generation project utilizing an alternative or renewable energy resource or a net metering system in this state.

            (h) The commission shall assure that any net metering tariff does not create a cross subsidization between customers within one class of service.

            Following discussion,

            The question being on the adoption of the amendment offered by Senators Kessler, Unger, Beach, Kirkendoll, Laird, Miller, Palumbo, Prezioso, Romano, Snyder, Stollings and Woelfel to the bill (Com. Sub. for S. B. No. 1), and on this question, Senator Unger demanded the yeas and nays.

            The roll being taken, the yeas were: Beach, Facemire, Kessler, Kirkendoll, Laird, Palumbo, Prezioso, Romano, Snyder, Stollings, Unger, Woelfel and Yost--13.

            The nays were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Nohe, Plymale, Sypolt, Takubo, Trump, Walters, Williams and Cole (Mr. President)--20.

            Absent: Miller--1.

            So, a majority of those present and voting not having voted in the affirmative, the President declared the amendment offered by Senators Kessler, Unger, Beach, Kirkendoll, Laird, Miller, Palumbo, Prezioso, Romano, Snyder, Stollings and Woelfel to the bill rejected.

            The bill, as amended, was ordered to engrossment.

            Engrossed Committee Substitute for Senate Bill No. 1 was then read a third time and put upon its passage.

            Pending discussion,

            The question being “Shall Engrossed Committee Substitute for Senate Bill No. 1 pass?”

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--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. 1) passed.

            On motion of Senator Mullins, the following amendment to the title of the bill was reported by the Clerk and adopted:

            Eng. Com. Sub. for Senate Bill No. 1–A Bill to repeal §24-2F-1, §24-2F-2, §24-2F-3, §24-2F-4, §24-2F-5, §24-2F-6, §24-2F-7, §24-2F-9, §24-2F-10, §24-2F-11 and §24-2F-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §24-2F-8 of said code, relating to repealing the Alternative and Renewable Energy Portfolio Act; and creating net metering of customer-generators.

            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 Senators Snyder, Stollings and Kirkendoll regarding the passage of Engrossed Committee Substitute for Senate Bill No. 1 were ordered printed in the Appendix to the Journal.

            Eng. Senate Bill No. 3, Relating to real property possessor's liability for trespasser harm.

            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, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Miller--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. 3) passed with its title.

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

            The Senate proceeded to the tenth order of business.

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

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

            The Senate proceeded to the eleventh order of business and the introduction of guests.

            On motion of Senator Carmichael, a leave of absence for the day was granted Miller.

            Pending announcement of meetings of standing committees of the Senate,

            On motion of Senator Carmichael, the Senate adjourned until tomorrow, Thursday, January 22, 2015, at 11 a.m.

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