WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
NINTH DAY
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Charleston, W. Va., Thursday, January 22, 2015
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by the Reverend Rick Swearengin, Madison United Methodist Church, Madison, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Ryan J. Ferns, a senator from the first district.
Pending the reading of the Journal of Wednesday, January 21, 2015,
On motion of Senator Kirkendoll, 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 Division of Natural Resources, submitting its annual report, in accordance with chapter twenty, article one, section seven 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. 13, Reinstating open and obvious doctrine for premises liability.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 13 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to liability of possessor of real property for injuries caused by open and obvious hazards; reinstating and codifying “open and obvious” doctrine of common law as it existed prior to judicial abolition; clarifying that this section does not create, recognize or ratify claim or cause of action; and stating legislative intent.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Karnes, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 138, Relating to posting of property to prohibit hunting or trespassing.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 138 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §20-2-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-3B-1 of said code, all relating to posting of property to prohibit hunting or trespassing; and allowing posting by certain clearly visible paint markings.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Robert Karnes,
Chair.
The bill (Com. Sub. for S. B. No. 138), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Gaunch, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 144, Authorizing CPRB promulgate legislative rule relating to refund, reinstatement, retroactive service, loan and employer error interest factors.
Senate Bill No. 145, Authorizing CPRB promulgate legislative rule relating to Deputy Sheriffs Retirement System.
And,
Senate Bill No. 229, Authorizing CPRB promulgate legislative rule relating to service credit for accrued and unused sick and annual leave.
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,
C. Edward Gaunch,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Karnes, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 146, Authorizing DNR promulgate legislative rule relating to defining terms used in hunting and trapping rules.
Senate Bill No. 148, Authorizing DNR promulgate legislative rule relating to general hunting.
And,
Senate Bill No. 150, Authorizing DNR promulgate legislative rule relating to wildlife damage control agents.
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,
Robert Karnes,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 183, Authorizing Office of Technology promulgate legislative rule relating to sanitization, retirement and disposition of equipment.
Senate Bill No. 187, Authorizing Racing Commission promulgate legislative rule relating to thoroughbred racing.
Senate Bill No. 197, Authorizing Board of Medicine promulgate legislative rule relating to licensure, disciplinary and complaint procedures; continuing education; physician assistants.
Senate Bill No. 198, Authorizing Enterprise Resource Planning Board promulgate legislative rule relating to user fee.
Senate Bill No. 200, Authorizing Board of Physical Therapy promulgate legislative rule relating to fees for physical therapists and physical therapist assistants.
Senate Bill No. 201, Authorizing Board of Osteopathy promulgate legislative rule relating to board fees.
And,
Senate Bill No. 204, Authorizing Board of Pharmacy promulgate legislative rule relating to pharmacy technician registration.
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,
Craig Blair,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Leonhardt, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 4, Requesting Joint Committee on Government and Finance study issues facing military veterans and active duty service personnel.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Kent Leonhardt,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senators D. Hall and Stollings:
Senate Bill No. 282--A Bill to amend and reenact §29-27-1, §29-27-2, §29-27-3, §29-27-4, §29-27-5 and §29-27-6 of the Code of West Virginia, 1931, as amended, all relating to the National Coal Heritage Area Authority; expanding number of member counties; increasing number of members and providing for appointments by county commissions rather than the Governor; providing for chairperson appointed by and serving at the will and pleasure of the Secretary of Education and the Arts rather than the Governor; creating standing committee and its responsibilities; and transferring all assets and responsibilities of the Coal Heritage Highway Authority to the National Coal Heritage Area Authority.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Nohe, Gaunch and Plymale:
Senate Bill No. 283--A Bill to amend and reenact §31A-4-40 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31A-8-12d of said code, all relating to replacing requirement of a board resolution and legal advertisement for any change in days or hours a bank office is open for business with a requirement that the banking institution provide forty-five days’ advance written notice in the form of signage at the office and written notice to the Commissioner of Financial Institutions; and reducing time for consideration of expedited branch applications from thirty-five days to twenty-one days.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Nohe, Plymale, Sypolt, Walters, Blair, Williams, Prezioso and D. Hall:
Senate Bill No. 284--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-16, relating to dangerous weapons; when chief law-enforcement officer is required to certify transfer or making of certain firearms; providing definitions; and right of appeal if request for certification is denied.
Referred to the Committee on the Judiciary.
By Senators Nohe, Gaunch and Plymale:
Senate Bill No. 285--A Bill to amend and reenact §31-17-1 and §31-17-8 of the Code of West Virginia, 1931, as amended, all relating to including consumer credit sales that are secured by mortgage, deed of trust or other equivalent consensual security interest on a dwelling or residential real estate in definitions of "primary mortgage loan" and "subordinate mortgage loan"; providing exception to prohibition of balloon payments; and further extending exception to the ban on loans greater than one hundred percent loan-to-value for loan modifications or refinancing loans done through and in compliance with government programs or litigation settlements.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 10, Designating September each year as US Constitution Month.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 12, Relating to payment of separated employee's outstanding wages.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 43, Limiting tolling of statute of limitations for third-party complaints.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made Senator Miller.
Thereafter, at the request of Senator Stollings, and by unanimous consent, the remarks by Senator Miller were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate, including majority and minority party caucuses,
On motion of Senator Carmichael, the Senate adjourned until tomorrow, Friday, January 23, 2015, at 11 a.m.
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