Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

REGULAR SESSION, 2015

FOURTEENTH DAY

____________

Charleston, W. Va., Tuesday, January 27, 2015

            The Senate met at 11 a.m.

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

            Prayer was offered by the Reverend Jeff Biddle, Jr., Emmanuel Baptist Church, Charleston, West Virginia.

            The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Robert Karnes, a senator from the eleventh district.

            Students from Highland Adventist School, Elkins, West Virginia, proceeded in the performing of “The Star-Spangled Banner”.

            Pending the reading of the Journal of Monday, January 26, 2015,

            On motion of Senator Unger, 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 Nohe, from the Committee on Banking and Insurance, submitted the following report, which was received:

            Your Committee on Banking and Insurance has had under consideration

            Senate Bill No. 188, Authorizing Insurance Commissioner promulgate legislative rule relating to using mortality tables to determine reserve liabilities for annuities.

            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,

                                                                          David Nohe,

                                                                            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 Banking and Insurance pending.

            Senator Nohe, from the Committee on Banking and Insurance, submitted the following report, which was received:

            Your Committee on Banking and Insurance has had under consideration

            Senate Bill No. 189, Authorizing Insurance Commissioner promulgate legislative rule relating to annuity disclosure.

            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,

                                                                          David Nohe,

                                                                            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 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. 216, Authorizing Agriculture Commissioner promulgate legislative rule relating to Spay Neuter Assistance Program.

            Senate Bill No. 218, Authorizing Agriculture Commissioner promulgate legislative rule relating to equine rescue facilities.

            Senate Bill No. 220, Authorizing Agriculture Commissioner promulgate legislative rule relating to aquaculture importation.

            And,

            Senate Bill No. 221, Authorizing Agriculture Commissioner promulgate legislative rule relating to industrial hemp.

            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 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. 217, Authorizing Agriculture Commissioner promulgate legislative rule relating to livestock care standards.

            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,

                                                                          Daniel J. Hall,

                                                                            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 Agriculture and Rural Development pending.

            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. 219, Authorizing Agriculture Commissioner promulgate legislative rule relating to Rural Rehabilitation Loan Program.

            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 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. 237, Creating Captive Cervid Farming Act.

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

            Com. Sub. for Senate Bill No. 237 (originating in the Committee on Agriculture and Rural Development)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11 and §19-2H-12; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to the Captive Cervid Farming Act; regulating captive cervid farming as an agricultural business; stating legislative findings and definitions; permitting sale of venison; stating powers and duties of the Department of Agriculture and commissioner; creating application process and classes of licenses; issuing, renewing, modifying and transferring licenses; inspecting facilities; transitioning current facilities to new licensure procedures; creating penalties for noncompliance with article; amending other statutes to comport with the Captive Cervid Farming Act; permitting rulemaking; prohibiting certain conduct; and providing for certain criminal penalties.

            With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.

                                                                        Respectfully submitted,

                                                                          Daniel J. Hall,

                                                                            Chair.

            At the request of Senator M. Hall, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Agriculture and Rural Development.

            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. 279, Clarifying qualifications of Labor Commissioner.

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

            Com. Sub. for Senate Bill No. 279 (originating in the Committee on Labor)--A Bill to amend and reenact §21-1-2 of the Code of West Virginia, 1931, as amended, relating to establishing new qualifications for the appointment of the Commissioner of Labor; and deleting outdated language.

            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,

                                                                          Daniel J. Hall,

                                                                            Chair.

            The bill (Com. Sub. for S. B. No. 279), under the original double committee reference, was then referred to the Committee on the Judiciary.

            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 Concurrent Resolution No. 8, Urging US EPA withdraw and/or rescind proposed definition of "waters of the United States".

            And reports the same back with the recommendation that it be adopted.

                                                                        Respectfully submitted,

                                                                          Daniel J. Hall,

                                                                            Chair.

            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 Nohe, Carmichael, Mullins and Blair:

            Senate Bill No. 314--A Bill to amend and reenact §23-5-7 of the Code of West Virginia, 1931, as amended, relating to authorization of compromise and settlement of indemnity portion of occupational pneumoconiosis claims.

            Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

            By Senator Mullins:

            Senate Bill No. 315--A Bill to amend and reenact §46A-6-101, §46A-6-105 and §46A-6-106 of the Code of West Virginia, 1931, as amended, all relating to civil actions filed under the Consumer Protection Act.

            Referred to the Committee on the Judiciary.

            By Senators D. Hall, Leonhardt, Trump, Stollings, Plymale, Kirkendoll and Nohe:

            Senate Bill No. 316--A Bill to amend and reenact §59-1-2 and §59-1-2a of the Code of West Virginia, 1931, as amended, all relating to defining a “veteran-owned business” and exempting such businesses from initial registration and certain annual report fees paid to the Secretary of State.

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

            By Senators Miller, Beach, Laird, Walters and Woelfel:

            Senate Bill No. 317--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-12-7a, relating to requiring state agency owning a state building to maintain insurance on the building and its contents in an amount approved by the Board of Risk and Insurance Management.

            Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

            By Senators Trump, Karnes, Carmichael and Blair:

            Senate Bill No. 318--A Bill to amend and reenact §21-5-3 of the Code of West Virginia, 1931, as amended, relating to payment of wages by employers; and authorizing payment of employees twice a month.

            Referred to the Committee on the Judiciary.

            By Senators D. Hall and Trump:

            Senate Bill No. 319--A Bill to amend and reenact §59-1-2 of the Code of West Virginia, 1931, as amended, relating to donations of overpayment of fees to the Secretary of State.

            Referred to the Committee on Finance.

            By Senators D. Hall and Trump:

            Senate Bill No. 320--A Bill to amend and reenact §31B-10-1006 of the Code of West Virginia, 1931, as amended; and to amend and reenact §47-9-53a of said code, all relating to notices of revocation of certificate of authority.

            Referred to the Committee on the Judiciary.

            By Senator Blair:

            Senate Bill No. 321--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-1E-1, §21-1E-2, §21-1E-3, §21-1E-4 and §21-1E-5, all relating to creating the Paycheck Protection Act; providing short title; protecting rights of employers and employees under federal labor law; prohibiting employers from deducting fees from wages of an employee which would be paid to a labor organization except upon request of employee; prohibiting employers from contracting with labor organizations to deduct fees from wages of an employee which would be paid to a labor organization except upon the request of employee; providing certain agreements are not impaired; and defining terms.

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

            By Senators Nohe, Boley, Palumbo, Leonhardt and Trump:

            Senate Bill No. 322--A Bill to amend and reenact §3-4A-28 of the Code of West Virginia, 1931, as amended, relating to removing unnecessary requirement of mandatory electronic recount of ballots in recounts.

            Referred to the Committee on the Judiciary.

            By Senator Blair:

            Senate Bill No. 323--A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §8-1-5b, all relating to extending home rule to all Class I, II and III municipalities; eliminating Municipal Home Rule Pilot Program; and providing that the Municipal Home Rule Board will terminate five years after enactment of statute unless extended.

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

            By Senators Blair, Trump, Laird, Kessler, D. Hall, Palumbo and Plymale:

            Senate Bill No. 324--A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to increasing by seven the number of participants in the Home Rule Pilot Program.

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

            By Senators Nohe, Boley, Leonhardt, Sypolt, Palumbo, Trump and Blair:

            Senate Bill No. 325--A Bill to amend and reenact §6B-2-6 of the Code of West Virginia, 1931, as amended, relating to filing dates for financial disclosure statements by candidates; setting deadlines for candidates to file financial disclosure statements with the Ethics Commission; clarifying to which office the Ethics Commission sends copies of statements; and disqualifying candidates who fail to file statement by the deadline.

            Referred to the Committee on the Judiciary.

            By Senators Nohe, Boley, Leonhardt, Sypolt, Palumbo, Trump and Blair:

            Senate Bill No. 326--A Bill to amend and reenact §3-8-2 of the Code of West Virginia, 1931, as amended, relating to campaign finance reports for candidates for delegate to a national party convention.

            Referred to the Committee on the Judiciary.

            By Senators Williams and Sypolt:

            Senate Bill No. 327--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1A-6; and to amend said code by adding thereto a new section, designated §20-1-7a, all relating to requiring public hearings upon transfer of certain land to or from the state; requiring public hearing be held at least thirty days prior to closing of sale; requiring certain notice of public hearing; and providing for availability of transcript of public hearing and list of attendees.

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

            By Senators Boley, Sypolt and D. Hall:

            Senate Bill No. 328--A Bill to repeal §59-1-7 of the Code of West Virginia, 1931, as amended, relating to repealing outdated language for fees to be charged by a notary public.

            Referred to the Committee on Finance.

            By Senators Walters, Leonhardt and Takubo:

            Senate Bill No. 329--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §37-16-1, §37-16-2 and §37-16-3, all relating to requirement that a seller of real property satisfy upon closing any unpaid charges owed to the county and municipality in which the property is located.

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

            By Senator Ferns:

            Senate Bill No. 330--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-3F-1, §30-3F-2, §30-3F-3, §30-3F-4, §30-3F-5, §30-3F-6, §30-3F-7, §30-3F-8, §30-3F-9, §30-3F-10, §30-3F-11, §30-3F-12, §30-3F-13, §30-3F-14, §30-3F-15, §30-3F-16, §30-3F-17, §30-3F-18, §30-3F-19, §30-3F-20, §30-3F-21, §30-3F-22, §30-3F-23 and §30-3F-24, all relating to adopting the Interstate Medical Licensure Compact; strengthening access to health care; developing comprehensive process that complements current statutes regarding medical practices; providing streamlined process that allows physicians to become licensed in multiple states, thereby enhancing portability of a medical license and ensuring safety of patients; creating another pathway for licensure; adopting prevailing standard for licensure and affirming that practice of medicine occurs where the patient is located at the time of physician-patient encounter; and requiring the physician to be under jurisdiction of the state medical board where the patient is located.

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

            By Senator Palumbo:

            Senate Bill No. 331--A Bill to amend and reenact §3-5-11, §3-5-18 and §3-5-19 of the Code of West Virginia, 1931, as amended, all relating to withdrawal of candidates for office and filling vacancies; requiring the Secretary of State to create a notarized statement of withdrawal form; setting certain deadlines for the filing of a notarized statement of withdrawal form in order to have one’s name removed from ballot; setting deadline for when the Secretary of State shall certify names of general election candidates to counties; prohibiting certification of the name of a candidate who filed a timely notarized statement of withdrawal; clarifying process for determining candidate is disqualified; removing the State Election Commission from process of voluntary withdrawal of candidates; authorizing executive committee to replace a candidate who files a timely notarized statement of withdrawal and whose name would have otherwise appeared on the general election ballot; and setting and adjusting certain deadlines.

            Referred to the Committee on the Judiciary.

            By Senator M. Hall:

            Senate Bill No. 332--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-10-27, relating to administrative fees for the Tax Division of the Department of Revenue; specifying imposition and retention of fees by the Tax Division of the Department of Revenue from specified taxes and fees and from any interest, additions to tax and penalties related thereto; specifying imposition and retention of fees in payment for Tax Division services in the collection, distribution and administration of taxes for state and local departments, divisions, subdivisions and agencies; authorizing reimbursements to the Tax Division for transaction fees imposed by the Enterprise Resource Planning System; authorizing fee increases by legislative rule; specifying limitations; and specifying effective date.

            Referred to the Committee on Finance.

            By Senator M. Hall:

            Senate Bill No. 333--A Bill to repeal §11-1-5 of the Code of West Virginia, 1931, as amended, relating to removing certain officials from office for misconduct or neglect of official duties.

            Referred to the Committee on the Judiciary.

            By Senator Ferns:

            Senate Bill No. 334--A Bill to amend and reenact §30-3-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-3-13a, all relating generally to practice of medicine; rewriting licensing requirements for practice of medicine and surgery or podiatry; making exceptions; providing for unauthorized practice; requiring notice; establishing criminal penalties; permitting practice of telemedicine; establishing requirements; making exceptions; defining terms; and authorizing rulemaking.

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

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

            Senate Bill No. 335--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4, §16-46-5, §16-46-6 and §16-46-7, all relating generally to accessing and administering opioid antagonists in overdose situations; establishing short title; defining terms; establishing objectives and purpose; allowing licensed health care providers to prescribe opioid antagonist to initial responders and certain individuals; allowing initial responders to possess and administer opioid antagonists; providing for limited liability for initial responders who possess and administer opioid antagonist; providing for limited liability for licensed health care providers who prescribe opioid antagonist in accordance with this article; establishing responsibility of licensed health care providers to provide educational materials on overdose prevention and administration of opioid antagonist; and providing for data collection and reporting.

            Referred to the Committee on Health and Human Resources.

            By Senators Ferns and Takubo:

            Senate Bill No. 336--A Bill to repeal §16-29B-19, §16-29B-20, §16-29B-21 and §16-29B-21a of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-29B-10 of said code; all relating generally to powers and duties of the Health Care Authority; eliminating authority of the Health Care Authority to conduct rate review and set rates for hospitals; and establishing grandfathering clause.

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

            By Senators Carmichael, Blair, Boso, Sypolt and Trump:

            Senate Bill No. 337--A Bill to amend and reenact §21-1A-3 and §21-1A-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §21-5G-1, §21-5G-2, §21-5G-3, §21-5G-4, §21-5G-5, §21-5G-6, §21-5G-7, §21-5G-8 and §21-5G-9, all relating to establishing the West Virginia Right to Work Law; prohibiting any requirement that a person become or remain a member of a labor organization as condition of employment; prohibiting any requirement that a person must pay dues or other fees to a labor organization; prohibiting any requirement that a person contribute to a charity in lieu of paying dues or other fees to a labor organization; providing that certain agreements or practices between labor organizations and employers are null and void; providing for monetary penalties; providing for injunctive relief; providing for private cause of action for damages and attorney's fees; providing exceptions; requiring prosecuting attorneys and the Attorney General to investigate complaints; and defining terms.

            Referred to the Committee on the Judiciary.

            By Senators Palumbo, Gaunch, Snyder, M. Hall, Williams, Blair, Unger, Trump and Stollings:

            Senate Bill No. 338--A Bill to amend and reenact §11-13X-3 and §11-13X-5 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Film Industry Investment tax credit; defining terms; specifying amount of West Virginia Film Industry Investment tax credit authorized as percentage of qualified expenditures for purposes of calculating tax credit; decreasing percentage authorized for expenditures on projects that do not employ ten or more West Virginia residents as part of the full-time employees working on the project in West Virginia or as apprentices working in West Virginia; increasing percentage authorized for expenditures on projects that do employ ten or more West Virginia residents as part of the full-time employees working on the project in West Virginia or as apprentices working in West Virginia; and specifying effective date.

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

            By Senators Carmichael, D. Hall and Nohe:

            Senate Bill No. 339--A Bill to amend and reenact §11-13V-4 of the Code of West Virginia, 1931, as amended, relating to reducing the additional tax on privilege of severing coal, effective July 1, 2015.

            Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.

            By Senators Trump, Carmichael, Blair and Takubo:

            Senate Bill No. 340--A Bill to amend and reenact §3-1-34 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17B-2-1 of said code, all relating to voting procedures; requiring a person desiring to vote to present documentation identifying the voter to one of the poll clerks; providing for casting of provisional ballot by a person without adequate proof of identification; and providing for issuance of identification cards at no charge.

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

            Senators Ferns, D. Hall and Sypolt offered the following resolution:

            Senate Concurrent Resolution No. 13--Urging the Congress of the United States to propose a balanced budget amendment to the United States Constitution and applying to the Congress, pursuant to Article V of the United States Constitution, to call a convention for proposing a balanced budget amendment.

            Whereas, The Legislature of West Virginia urges the Congress of the United States to propose a balanced budget amendment to the United States Constitution for the calling of a convention of the states limited to proposing an amendment to the United States Constitution requiring that, in the absence of a national emergency, the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year, together with any related and appropriate fiscal restraints; and

            Whereas, It is the intention of the Legislature that matters shall not be considered at the convention that do not pertain to an amendment requiring that, in the absence of a national emergency, the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year, together with any related and appropriate fiscal restraints; and

            Whereas, This application is to be considered as covering the balanced budget amendment language of the presently outstanding balanced budget applications from other states, including previously adopted applications from Alabama, Alaska, Arkansas, Colorado, Delaware, Florida, Indiana, Iowa, Kansas, Maryland, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Pennsylvania and Texas. This application shall be aggregated with those other applications for the purpose of attaining the two thirds of states necessary to require the calling of a convention for proposing a balanced budget amendment, but shall not be aggregated with any applications on any other subject; and

            Whereas, This application constitutes a continuing application in accordance with Article V of the United States Constitution until the legislatures of at least two thirds of the several states have made applications on the same subject or the Congress has proposed an amendment to the United States Constitution equivalent to the amendment proposed in this resolution. This application supersedes all previous applications by the Legislature of the State of West Virginia on the same subject; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby urges the Congress of the United States to propose a balanced budget amendment to the United States Constitution and applying to the Congress, pursuant to Article V of the United States Constitution, to call a convention for proposing a balanced budget amendment; and, be it

            Further Resolved, If the convention called by the Congress is not limited to considering a balanced budget amendment, then any delegates, representatives or participants from the State of West Virginia asked to participate in the convention are authorized to debate and vote only on a proposed amendment or amendments to the United States Constitution requiring that, in the absence of a national emergency, the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year, together with any related and appropriate fiscal restraints; and, be it

            Further Resolved, This application constitutes a continuing application in accordance with Article V of the United States Constitution until the legislatures of at least two thirds of the several states have made applications on the same subject or the Congress has proposed an amendment to the United States Constitution equivalent to the amendment proposed in this resolution. This application supersedes all previous applications by the Legislature of the State of West Virginia on the same subject; and, be it

            Further Resolved, That the Clerk is hereby directed to forward copies of this resolution to the President and Secretary of the U. S. Senate, the Speaker and Clerk of the House of Representatives of Congress, the members of the Senate and House of Representatives from the State of West Virginia and to the presiding officers of each of the legislative houses of the several states, requesting their cooperation.

            Which, under the rules, lies over one day.

            Senators Sypolt, Boley, Stollings, Plymale, Unger, Williams, D. Hall, Beach, Kessler, Nohe and Leonhardt offered the following resolution:

            Senate Resolution No. 13--Designating January 27, 2015, as “Higher Education Day at the Legislature”.

            Whereas, The foundation of any society’s success is the degree to which its citizens are educated; and

            Whereas, The citizens of West Virginia are committed to supporting higher education; and

            Whereas, West Virginia’s colleges and universities increase the knowledge base of West Virginia’s students, as well as those from other states; and

            Whereas, West Virginia’s education system will help students achieve their education goals and meet the workforce needs of West Virginia and the United States; and

            Whereas, Not only does the education system contribute to the economic vitality of the state, but it enriches the culture and life of all communities and regions within the state and outside its boundaries; and

            Whereas, West Virginia’s colleges and universities advance the development of technology, partner in business and industry, conduct groundbreaking research and improve lives through advanced health care; and

            Whereas, Through the services of outstanding faculty, staff, administration and executive leadership, West Virginia’s colleges and universities have developed student-centered programs and curriculums; therefore, be it

            Resolved by the Senate:

            That the Senate hereby designates January 27, 2015, as “Higher Education Day at the Legislature”; and, be it

            Further Resolved, That the Senate recognizes the commitment to excellence that the leaders of our colleges and universities have demonstrated; and, be it

            Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials representing Higher Education Day at the Legislature.

            At the request of Senator Sypolt, 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 Plymale, and by unanimous consent, the remarks by Senator Sypolt regarding the adoption of Senate Resolution No. 13 were ordered printed in the Appendix to the Journal.

            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 Karnes, Boso, Stollings, Unger, D. Hall, Williams, Beach and Kessler offered the following resolution:

            Senate Resolution No. 14--Designating January 27, 2015, as “Randolph County Day at the Legislature”.

            Whereas, Randolph County was founded in 1787 and named in honor of Edmund Jennings Randolph; and

            Whereas, Randolph County makes vital contributions to the economy of West Virginia, particularly in the valuable hardwoods industry; and

            Whereas, Randolph County’s role in the West Virginia economy has grown and will continue to expand with the completion of Corridor H; and

            Whereas, Randolph County has a significant place in the history and formation of West Virginia due to the importance of a major Civil War battle fought in the vicinity of Rich Mountain; and

            Whereas, Herman Guy Kump, a resident of Elkins in Randolph County, was elected the 19th Governor of the Great State of West Virginia and fought to support public education and the rights of property owners; and

            Whereas, Randolph County serves as a central hub in the Potomac Highlands for health care, education, commerce, the arts and tourism; and

            Whereas, Many citizens of Randolph County travel to the State Capitol on an annual basis during the legislative session to participate in the democratic process, where they share their accomplishments, aspirations and concerns with lawmakers; and

            Whereas, It is fitting to recognize Randolph County for its economic, cultural, historic and future contributions to the State of West Virginia; therefore, be it

            Resolved by the Senate:

            That the Senate hereby designates January 27, 2015, as “Randolph County Day at the Legislature”; and, be it

            Further Resolved, The Senate acknowledges the many important contributions the citizens of Randolph County make in the State of West Virginia and encourages those citizens to continue to participate in the democratic process; and, be it

            Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials representing Randolph County.

            At the request of Senator Karnes, 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 Romano, Beach and Williams offered the following resolution:

            Senate Resolution No. 15--Recognizing Mr. Timothy W. Dyer of the Dyer Insurance Agency for his recent accomplishments and for his long-time dedication to the insurance industry.

            Whereas, Timothy W. Dyer was born and raised in Clarksburg, West Virginia, is a graduate of Washington Irving High School in Clarksburg and graduated from West Virginia University with a bachelor’s degree in accounting; and

            Whereas, Timothy W. Dyer is President and owner of P. M. Long & Son, Inc. (d/b/a Dyer Insurance Agency), which was founded by his family in 1896 and is the oldest insurance agency in Harrison County; and

            Whereas, Timothy W. Dyer continues a family tradition as the fifth generation in the insurance business; and

            Whereas, Timothy W. Dyer and the Dyer Insurance Agency have grown the business with the additions of the Dyer, Heflin, Bowers & Eckels Agency in Morgantown and the Mountain Lakes Insurance Agency in Buckhannon; and

            Whereas, Timothy W. Dyer is entering his thirtieth year as an independent insurance agent and was selected as the 2014 Earle S. Dillard Agent of the Year by the Independent Insurance Agents of West Virginia; and

            Whereas, Timothy W. Dyer is the past President of the Independent Insurance Agents of West Virginia and currently serves as the Independent Insurance Agents and Brokers of America State Director; and

            Whereas, In 2014, Timothy W. Dyer led the efforts for West Virginia to host the 46th Trusted Choice Big “I” National Championship Golf Tournament at Pete Dye Golf Course by encouraging widespread community support and participation; and

            Whereas, Through his efforts, Timothy W. Dyer brought to West Virginia this prestigious national golf tournament, bringing with it hundreds of golfers, family members and spectators, thereby creating economic development for all of West Virginia; and

            Whereas, Timothy W. Dyer and his wife of twenty-one years, Julie, have two sons, Nick and Luke, both of whom are excellent golfers; therefore, be it

            Resolved by the Senate:

            That the Senate hereby recognizes Timothy W. Dyer of the Dyer Insurance Agency for his recent accomplishments and for his long-time dedication to the insurance industry; and, be it

            Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Timothy W. Dyer.

            At the request of Senator Romano, 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, at the request of Senator Carmichael, and by unanimous consent, returned to the fourth order of business.

            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. 341 (originating in the Committee on Agriculture and Rural Development)--A Bill to amend and reenact §19-1C-4 of the Code of West Virginia, 1931, as amended, relating to the Livestock Care Standards Board; and permitting the commissioner to approve and submit rules established by the board.

            And reports the same back with the recommendation that it do pass.

                                                                        Respectfully submitted,

                                                                          Daniel J. Hall,

                                                                            Chair.

            The Senate proceeded to the eighth order of business.

            Eng. Com. Sub. for Senate Bill No. 13, Reinstating open and obvious doctrine for premises liability.

            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, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Yost--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. 13) 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 House Bill No. 2001, Repealing portions of the Alternative and Renewable Energy Portfolio Act.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            Pending discussion,

            The question being “Shall Engrossed Committee Substitute for House Bill No. 2001 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, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel and Cole (Mr. President)--33.

            The nays were: None.

            Absent: Yost--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. 2001) passed with its title.

            Senator Carmichael moved that the bill take effect from passage.

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

            The nays were: None.

            Absent: Yost--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 H. B. No. 2001) takes effect from passage.

            Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence in the changed effective date.

            The Senate proceeded to the ninth order of business.

            Com. Sub. for Senate Bill No. 8, Providing for DOH performance and efficiency audit.

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

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

            The Senate next proceeded to the thirteenth order of business.

            At the request of Senator Maynard, the name of Senator Maynard was removed as a sponsor of Senate Bill No. 286 (Relating to compulsory immunizations of students; exemptions).

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

            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, Wednesday, January 28, 2015, at 11 a.m.

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