Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

REGULAR SESSION, 2015

FIFTEENTH DAY

____________

Charleston, W. Va., Wednesday, January 28, 2015

            The Senate met at 11 a.m.

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

            Prayer was offered by Pastor Chuck Lawrence, Christ Temple Church, Huntington, West Virginia.

            The Senate was then led in recitation of the Pledge of Allegiance by the Honorable C. Edward Gaunch, a senator from the eighth district.

            Pending the reading of the Journal of Tuesday, January 27, 2015,

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

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

            The Senate then proceeded to the third order of business.

            A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

            Senate Concurrent Resolution No. 12, Adopting Joint Rules of Senate and House of Delegates.

            A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

            Eng. Com. Sub. for House Bill No. 2002--A Bill to repeal §55-7-13 and §55-7-24 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §55-7-13a, §55-7-13b, §55-7-13c and §55-7-13d, all relating to predicating actions for damages upon principles of comparative fault; establishing the comparative fault standard; abolishing joint liability and implementing several liability; establishing how to consider the fault of nonparties; establishing how to consider the fault of, and the amounts paid by, settling parties; providing for the use of special interrogatories; clarifying fault may be imputed to another person who was acting as an agent or servant of another; providing for the burden of proof and limitations; and defining terms.

            Referred to the Committee on the Judiciary.

            The Senate proceeded to the fourth order of business.

            Senator Mullins, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:

            Your Committee on Energy, Industry and Mining has had under consideration

            Senate Bill No. 4, Relating to development of state plan under Clean Air Act.

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

            Com. Sub. for Senate Bill No. 4 (originating in the Committee on Energy, Industry and Mining) --A Bill to amend and reenact §22-5-20 of the Code of West Virginia, 1931, as amended, relating to development of a state plan under Section 111(d) of the Clean Air Act; requiring the Department of Environmental Protection, in consultation with other state agencies, to study feasibility of a state plan; permitting the Department of Environmental Protection to create a mass-based state plan; requiring standards considered by Department of Environmental Protection in drafting plan to be unit specific; requiring the Department of Environmental Protection to submit report to the Legislature determining whether a state plan is feasible and, if so, recommending a proposed state plan to the Legislature; providing any state plan created by the Department of Environmental Protection have no legal effect under certain circumstances; and requiring approval of the Legislature before any state plan is submitted to the United States Environmental Protection Agency.

            With the recommendation that the committee substitute do pass.

                                                                        Respectfully submitted,

                                                                          Jeff Mullins,

                                                                            Chair.

            At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 4) contained in the preceding report from the Committee on Energy, Industry and Mining was taken up for immediate consideration.

            On motion of Senator Palumbo, the bill was referred to the Committee on the Judiciary.

            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. 6, Relating to medical professional liability.

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

            Com. Sub. for Senate Bill No. 6 (originating in the Committee on the Judiciary)--A Bill to repeal §55-7B-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §55-7B-2, §55-7B-7, §55-7B-8, §55-7B-9, §55-7B-9a, §55-7B-9c and §55-7B-11 of said code; and to amend said code by adding thereto two new sections, designated §55-7B-7a and §55-7B-9d, all relating to medical professional liability; adding provisions to control increase in cost of liability insurance and to maintain access to affordable health care services for West Virginians; providing mechanism to increase limitation on civil damages in medical malpractice cases to account for inflation by linking increases to the Consumer Price Index; adding provisions limiting admissibility and use of certain information; and requiring adjustment of verdicts for past medical expenses.

            With the recommendation that the committee substitute do pass.

                                                                        Respectfully submitted,

                                                                          Charles S. Trump IV,

                                                                            Chair.

            Senator Sypolt, from the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration

            Senate Bill No. 7, Requiring CPR and care for conscious choking instruction in public schools.

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

            Com. Sub. for Senate Bill No. 7 (originating in the Committee on Education)--A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required instruction in cardiopulmonary resuscitation (CPR) and first aid in public school health education subjects; adding care for conscious choking first aid instruction; requiring minimum thirty minutes instruction prior to graduation in cardiopulmonary resuscitation and psychomotor skills necessary to perform after certain date; defining “psychomotor skills”; requiring CPR instruction be based on program established by American Heart Association or the American Red Cross or other recognized guidelines; authorizing various persons and community members by whom instruction may be given; encouraging such community members to provide training and instructional resources; authorizing school districts to exceed minimum requirements; and requiring authorized CPR/automated external defibrillator instructor for instruction that results in certification being earned.

            With the recommendation that the committee substitute do pass.

                                                                        Respectfully submitted,

                                                                          Dave Sypolt,

                                                                            Chair.

            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. 106, Excepting professional engineer member from sanitary board when project engineer under contract.

            Senate Bill No. 114, Requiring municipal police officers wear armor vest.

            Senate Bill No. 184, Authorizing State Fire Commission promulgate legislative rule relating to volunteer firefighters' training, equipment and operating standards.

            Senate Bill No. 185, Authorizing State Fire Marshal promulgate legislative rule relating to fire protection work supervision.

            And,

            Senate Bill No. 202, Authorizing Board of Osteopathic Medicine promulgate legislative rule relating to osteopathic physician assistants.

            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.

            At the request of Senator Trump, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee reference of Senate Bill No. 106 contained in the foregoing report from the Committee on Government Organization.

            Thereafter, Senate Bill Nos. 114, 184, 185 and 202, under the original double committee references, were then referred to the Committee on the Judiciary.

            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. 141, Authorizing Department of Administration promulgate legislative rule relating to state-owned vehicles.

            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 M. Hall, from the Committee on Finance, submitted the following report, which was

 received:

            Your Committee on Finance has had under consideration

            Senate Bill No. 171, Authorizing DHHR promulgate legislative rule relating to chronic pain management clinic licensure.

            And,

            Senate Bill No. 172, Authorizing DHHR promulgate legislative rule relating to Fatality and Mortality Review Team.

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

                                                                        Respectfully submitted,

                                                                          Mike Hall,

                                                                            Chair.

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

            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. 192, Authorizing DMV promulgate legislative rule relating to examination and issuance of driver's licenses.

            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,

                                                                          Chris Walters,

                                                                            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 Transportation and Infrastructure 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. 253, Recodifying chapter relating to child welfare and juvenile disposition.

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

            Com. Sub. for Senate Bill No. 253 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §49-1-101, §49-1-102, §49-1-103, §49-1-104, §49-1-104, §49-1-105, §49-1-106, §49-1-201, §49-1-202, §49-1-203, §49-1-204, §49-1-205, §49-1-206, §49-1-207, §49-1-208 and §49-1-209; §49-2-101, §49-2-102, §49-2-103, §49-2-104, §49-2-105, §49-2-106, §49-2-107, §49-2-108, §49-2-109, §49-2-110, §49-2-111, §49-2-112, §49-2-113, §49-2-114, §49-2-115, §49-2-116, §49-2-117, §49-2-118, §49-2-119, §49-2-120, §49-2-121, §49-2-122, §49-2-123, §49-2-124, §49-2-125, §49-2-201, §49-2-202, §49-2-203, §49-2-204, §49-2-205, §49-2-206, §49-2-207, §49-2-301, §49-2-302, §49-2-303, §49-2-304, §49-2-401, §49-2-501, §49-2-502, §49-2-503, §49-2-504, §49-2-505, §49-2-601, §49-2-602, §49-2-603, §49-2-604, §49-2-605, §49-2-701, §49-2-702, §49-2-703, §49-2-704, §49-2-705, §49-2-706, §49-2-707, §49-2-708, §49-2-801, §49-2-802, §49-2-803, §49-2-804, §49-2-805, §49-2-806, §49-2-807, §49-2-808, §49-2-809, §49-2-810, §49-2-811, §49-2-812, §49-2-813, §49-2-901, §49-2-902, §49-2-903, §49-2-904, §49-2-905, §49-2-906, §49-2-907, §49-2-908, §49-2-909, §49-2-910, §49-2-911, §49-2-1001, §49-2-1002, §49-2-1003, §49-2-1004, §49-2-1005 and §49-2-1006; §49-3-101 and §49-3-102; §49-4-101, §49-4-102, §49-4-103, §49-4-104, §49-4-105, §49-4-106, §49-4-107, §49-4-108, §49-4-109, §49-4-110, §49-4-111, §49-4-112, §49-4-113, §49-4-114, §49-4-115, §49-4-116, §49-4-201, §49-4-202, §49-4-203, §49-4-204, §49-4-205, §49-4-301, §49-4-302, §49-4-303, §49-4-401, §49-4-402, §49-4-403, §49-4-404, §49-4-405, §49-4-406, §49-4-407, §49-4-408, §49-4-409, §49-4-410, §49-4-411, §49-4-412, §49-4-501, §49-4-502, §49-4-503, §49-4-504, §49-4-601, §49-4-602, §49-4-603, §49-4-604, §49-4-605, §49-4-606, §49-4-607, §49-4-608, §49-4-609, §49-4-610, §49-4-701, §49-4-702, §49-4-703, §49-4-704, §49-4-705, §49-4-706, §49-4-707, §49-4-708, §49-4-709, §49-4-710, §49-4-711, §49-4-712, §49-4-713, §49-4-714, §49-4-715, §49-4-716, §49-4-717, §49-4-718, §49-4-719, §49-4-720, §49-4-721, §49-4-722, §49-4-723, §49-4-801, §49-4-802, §49-4-803, §49-4-901, §49-4-902, §49-4-903 and §49-4-904; §49-5-101, §49-5-102, §49-5-103, §49-5-104 and §49-5-105; §49-6-101, §49-6-102, §49-6-103, §49-6-104, §49-6-105, §49-6-106, §49-6-107, §49-6-108, §49-6-109, §49-6-110, §49-6-111, §49-6-112, §49-6-113, §49-6-114 and §49-6-115; §49-7-101, §49-7-102, §49-7-201, §49-7-202, §49-7-203, §49-7-204, §49-7-301, §49-7-302, §49-7-303 and §49-7-304 of the Code of West Virginia, 1931, as amended, all relating to revising, rearranging, consolidating and recodifying the laws of the State of West Virginia relating to child welfare; and removing outdated language to comply with court rulings concerning child welfare.

            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,

                                                                          Ryan J. Ferns,

                                                                            Chair.

            The bill (Com. Sub. for S. B. No. 253), under the original double committee reference, was then referred to the Committee on the Judiciary.

            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. 258, Creating Letting Our Counties Act Locally Act.

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

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

            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,

                                                                          Chris Walters,

                                                                            Chair.

            The bill (Com. Sub. for S. B. No. 258), under the original double committee reference, was then referred to the Committee on Finance.

            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. 259, Relating to examination, licensing and endorsement requirements for autocycles.

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

            Com. Sub. for Senate Bill No. 259 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17B-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17B-2-7b of said code; to amend said code by adding thereto a new section, designated §17C-1-69; and to amend and reenact §17C-15-44 of said code, all relating to autocycles; defining “autocycle”; creating an autocycle exemption from motorcycle examination, licensing and endorsement requirements; allowing a person with a valid driver's license to operate an autocycle; creating an autocycle exemption from helmet and certain other motorcycle or motor-driven cycle safety requirements; and deleting obsolete language regarding the motorcycle safety and education committee.

            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,

                                                                          Chris Walters,

                                                                            Chair.

            The bill (Com. Sub. for S. B. No. 259), under the original double committee reference, was 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. 262, Transferring CHIP and Children's Health Insurance Agency from Department of Administration to DHHR.

            Senate Bill No. 274, Relating to TANF program.

            And,

            Senate Bill No. 295, Establishing appeal process for DHHR Board of Review and Bureau for Medical Services decisions.

            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 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. 266, Eliminating sales tax exemption on certain highway construction and maintenance materials.

            And,

            Senate Bill No. 268, Terminating dedication of corporation net income tax proceeds to railroads.

            And reports the same back without recommendation as to passage; but under the original double committee references first be referred to the Committee on Finance.

                                                                        Respectfully submitted,

                                                                          Chris Walters,

                                                                            Chair.

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

            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. 335, Creating Access to Opioid Antagonists Act.

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

            Com. Sub. for Senate Bill No. 335 (originating in the Committee on Health and Human Resources)--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 and §16-46-6; and to amend and reenact §30-1-7a of said code, 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; providing for limited liability for licensed health care providers who prescribe opioid antagonist in accordance with this article; providing for limited liability for anyone who possesses and administers an opioid antagonist; establishing responsibility of licensed health care providers to provide educational materials on overdose prevention and administration of opioid antagonist; providing for data collection and reporting; providing for training requirements; and providing for rule-making authority.

            With the recommendation that the committee substitute do pass.

                                                                        Respectfully submitted,

                                                                          Ryan J. Ferns,

                                                                            Chair.

            Senator Mullins, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:

            Your Committee on Energy, Industry and Mining has had under consideration

            Eng. House Bill No. 2201, Requiring the Public Service Commission to adopt certain net metering and interconnection rules and standards.

            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,

                                                                          Jeff Mullins,

                                                                            Chair.

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

            The Senate proceeded to the sixth order of business.

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

            By Senators Gaunch, Trump and Plymale:

            Senate Bill No. 342--A Bill to amend and reenact §5-10-44 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-14D-7a of said code; to amend and reenact §8-22A-8 of said code; to amend said code by adding thereto a new section, designated §8-22A-8a; to amend said code by adding thereto a new section, designated §15-2-54; to amend said code by adding thereto a new section, designated §15-2A-23; to amend and reenact §16-5V-8a of said code; to amend and reenact §18-7A-14c of said code; to amend and reenact §18-7B-21 of said code; and to amend said code by adding thereto a new section, designated §51-9-18, all relating to correction of errors under the West Virginia Public Employees Retirement System, the West Virginia Deputy Sheriff Retirement System, the West Virginia Municipal Police Officers and Firefighters Retirement System, the West Virginia Emergency Medical Services Retirement System, the State Teachers Retirement System, the Teachers’ Defined Contribution Retirement System, the West Virginia State Police Death, Disability and Retirement System, the West Virginia State Police Retirement System and the Judges’ Retirement System; and clarifying scope, application and requirements for error correction by the Consolidated Public Retirement Board.

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

            By Senators Blair, Snyder and Nohe:

            Senate Bill No. 343--A Bill to amend and reenact §30-1-7a of the Code of West Virginia, 1931, as amended, relating to removing chiropractors from the list of medical professionals required to obtain continuing education on mental health conditions common to veterans and family members of veterans.

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

            By Senators Trump, Carmichael and Blair:

            Senate Bill No. 344--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7E-1 and §55-7E-2, all relating to setting adequate and reasonable amounts of compensatory and punitive damages available to an employee in statutory and common law wrongful or retaliatory discharge causes of action and other employment law claims.

            Referred to the Committee on the Judiciary.

            By Senators Sypolt, Blair, Ferns, D. Hall, M. Hall, Laird, Leonhardt, Mullins, Nohe, Trump and Williams:

            Senate Bill No. 345--A Bill to amend and reenact §62-3-3 of the Code of West Virginia, 1931, as amended, relating to changing the number of strikes in jury selection in felony cases to provide four strikes each to the accused and the prosecution; and setting forth the order the strikes are to be taken.

            Referred to the Committee on the Judiciary.

            By Senator Ferns:

            Senate Bill No. 346--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-16-1, §62-16-2, §62-16-3, §62-16-4, §62-16-5, §62-16-6, §62-16-7, §62-16-8, §62-16-9, §62-16-10, §62-16-11, §62-16-12, §62-16-13 and §62-16-14, all relating to establishing a Mental Health, Veteran and Service Member Court within the Supreme Court of Appeals; defining terms; setting forth policy and goals of the Legislature in establishing the court; granting authority to oversee the court to the Administrator of the Supreme Court; setting forth structure of the court; providing for written agreement to participate in the court; setting forth incentives for successful participation; providing for sanctions for violation of provisions of the court; setting out disposition on successful completion; providing for teams to function within the court; setting forth eligibility requirements for participation; setting forth procedure to participate in the court; allowing for mental health and drug treatment services for participants; providing for governance of the court by the Supreme Court of Appeals; setting forth information to be maintained on participants; providing for funding mechanisms which may include court fees; providing for limitation of liability; and providing for statutory construction.

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

            By Senators Sypolt, Beach, Blair, Gaunch, D. Hall, Karnes, Leonhardt, Maynard, Williams and Ferns:

            Senate Bill No. 347--A Bill to repeal §61-7-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §20-2-5 and §20-2-6a of said code; and to amend and reenact §61-7-3, §61-7-4 and §61-7-14 of said code, all relating to creating the West Virginia Firearms Act of 2015; repealing exceptions section of said code to prohibitions against carrying concealed handguns and exemptions from licensing fees; authorizing carrying a handgun for purposes of self defense while in the woods of this state whether concealed or not; providing that if findings of fact and conclusions of law of the court fail to uphold denial of a license, the applicant is entitled to reasonable costs and attorney's fees, payable by the sheriff's office which issued denial; who is prohibited from possessing firearms under section seven of this article and retaining criminal penalties; procedure for sheriff in determining eligibility for license when license holder changes home county; and right of certain persons to limit possession of firearms on premises and private real property.

            Referred to the Committee on the Judiciary.

            By Senators Blair, Carmichael and Karnes:

            Senate Bill No. 348--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-3-6, relating to creation of a pilot program by the Secretary of the Department of Health and Human Resources to provide drug screening of applicants for cash assistance.

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

            By Senators Kessler, Unger, Beach, Facemire, Kirkendoll, Laird, Miller, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Williams, Woelfel and Yost:

            Senate Bill No. 349--A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating to providing funds for the Tourism Promotion Fund; requiring annual deposit from general revenue into the Tourism Promotion Fund; creating subaccounts of the Tourism Promotion Fund; setting parameters for spending money in subaccounts; detailing certain transfers of funds; and requiring Division of Tourism to conduct study.

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

            By Senators D. Hall, Beach, Blair, Facemire, Ferns, Gaunch, M. Hall, Kessler, Kirkendoll, Laird, Mullins, Plymale, Prezioso, Snyder, Stollings, Trump, Walters, Romano, Nohe, Williams and Leonhardt:

            Senate Bill No. 350--A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to protection of utility workers from crimes against the person; defining "utility worker"; and establishing penalties.

            Referred to the Committee on the Judiciary.

            By Senator Ferns:

            Senate Bill No. 351--A Bill to amend and reenact §29-19-5 of the Code of West Virginia, 1931, as amended, relating to contribution levels by charitable organizations necessary for submission of an audit report of the organization by an independent certified public accountant.

            Referred to the Committee on the Judiciary.

            By Senator Walters:

            Senate Bill No. 352--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22C-4-23a; and to amend and reenact §24A-2-5 of said code, all relating to allowing certain county or regional solid waste authorities in growth areas to designate common carriers of solid waste exempt from requirement for certificate of convenience and necessity; establishing criteria for exemption; and establishing requirements for notice and public hearing.

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

            By Senators Walters and Nohe:

            Senate Bill No. 353--A Bill to amend and reenact §17C-16-4 of the Code of West Virginia, 1931, as amended, relating to authorizing the Superintendent of the West Virginia State Police to make necessary rules as the current administrator and enforcer of the motor vehicle inspection program.

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

            By Senators Plymale and Stollings:

            Senate Bill No. 354--A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-10G-5a, relating to creating the Rehabilitation Services Vending Program Fund.

            Referred to the Committee on Finance.

            Senators D. Hall, Kessler, Stollings, Plymale, Palumbo, Laird and Williams offered the following resolution:

            Senate Resolution No. 16--Designating Wednesday, January 28, 2015, as “Generation West Virginia Day” and encouraging all citizens to join the Senate in this observance.

            Whereas, Generation West Virginia is the statewide movement committed to cultivating and engaging young talent, those 21 to 45 in age; and

            Whereas, The future of West Virginia relies heavily on the retention, recruitment and advancement of young talent to ensure that our intellectual capital base is strong for the future success of our state's economy, communities and intellectual infrastructure; and

            Whereas, In 2014, the U. S. Census Bureau reported that West Virginia was the only state in the nation that experienced a decline in population from 2010 to 2014; and

            Whereas, We are still losing too many of our energetic, entrepreneurial and driven West Virginians to neighboring states, presenting challenges for sustaining a stable tax base and attracting a viable workforce to advance present companies and recruit new ones, and draining future leadership in local communities and on the state level; and

            Whereas, This motivated and dynamic group of young talent within Generation West Virginia is tired of our state being known as a place that people have to leave in order to find opportunity and is dedicated to making our state a true destination for young talent; and

            Whereas, Generation West Virginia is an innovative, results-oriented and dedicated organization that represents young talent from all walks of life, careers and communities who are committed to a positive and strong present and future for our great state; and

            Whereas, Those 21 to 45 years of age in West Virginia include more than 600,000 of our state's population and represent our state's future base of workers, dreamers, innovators, educators, entrepreneurs, leaders and, most importantly, our hope for a successful future; and

            Whereas, These young leaders are not just the future of our state, but the rising leaders of today who are making it possible for West Virginia to compete successfully with the world; and

            Whereas, By working to make our state attractive for young talent, steps are being taken to encourage a “brain gain” for West Virginia that will build a strong future for our state to become a global leader; and

            Whereas, The Senate recognizes the importance of this growing movement and will listen and collaborate with its leadership and regional organizations to develop positive solutions and opportunities to create an abundance of prosperity in our state; therefore, be it

            Resolved by the Senate:

            That the Senate hereby designates Wednesday, January 28, 2015, as “Generation West Virginia Day” and encourages all citizens to join the Senate in this observance; and, be it

            Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the representatives of Generation West Virginia.

            At the request of Senator D. Hall, 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 Ferns, Kessler, Stollings, Plymale, Palumbo, Laird and Williams offered the following resolution:

            Senate Resolution No. 17--Designating January 28, 2015, as West Virginia Kids at Risk Day at the Legislature.

            Whereas, The State of West Virginia and the West Virginia Child Care Association (WVCCA) have some of the best child welfare professionals and agencies in the country; and

            Whereas, These child welfare professionals and agencies have dedicated their time to making life better for West Virginia’s children who are at risk; and

            Whereas, These West Virginian professionals and agencies have a compassion that never ends, a hope for a better tomorrow and a dedication to their efforts through the long haul; and

            Whereas, These West Virginia professionals and agencies work with West Virginia’s child welfare stakeholders to eliminate policy barriers and day-to-day practices that reduce the effective utilization of in-state resources; and

            Whereas, Our state’s child welfare professionals and agencies do everything possible to provide opportunities for West Virginia’s kids at risk to receive care in West Virginia, where they can remain in their communities with their families and connected to their support systems; and

            Whereas, These professionals and agencies are regulated by the State of West Virginia through legislation and by oversight of the West Virginia Department of Health and Human Resources and Department of Education; and

            Whereas, Our state’s stringent licensing requirements and standards of care ensure that children at risk in West Virginia are receiving the best quality of care; and

            Whereas, By using West Virginian child welfare professionals and agencies our state is doing what is best for West Virginia’s kids at risk and their families; and

            Whereas, These West Virginia child care professionals and agencies advocate for and deliver services and support to provide for the safety, well being and opportunity for kids at risk to achieve their hopes and dreams; and

            Whereas, These professionals and agencies provide family-driven, youth-guided, culturally competent and trauma-informed care for the citizens of West Virginia; and

            Whereas, The West Virginia professionals who care for the at-risk children in our state and the organizations that exist to impact the lives of these children and their families provide quality care in the kids’ and families’ communities; and

            Whereas, This quality care is provided in a variety of settings, including community agencies, hospitals, residential group homes, foster families, emergency shelters and community and educational institutions and seeks to provide resources and guidance that promotes the safety, well being and permanency of West Virginia’s at-risk kids; and

            Whereas, West Virginia’s child welfare providers dedicate themselves to excellence in their profession through licensing, advocacy, education and professional development; and

            Whereas, The Senate recognizes and appreciates the outstanding dedication, devotion and care of West Virginia’s child welfare professionals and agencies, and of the West Virginia Child Care Association, all for their caring and commitment and for making a difference in the lives of at-risk children in the State of West Virginia, their families and communities; therefore, be it

            Resolved by the Senate:

            That the Senate hereby designates January 28, 2015, as West Virginia Kids at Risk Day at the Legislature; and, be it

            Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials representing the West Virginia Child Care Association.

            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 Walters, Stollings, Plymale, Palumbo and Williams offered the following resolution:

            Senate Resolution No. 18--Recognizing the value and importance of the state's innovation industry on Innovation & Entrepreneurship Day at the Capitol.

            Whereas, Research and innovation continue to be the bedrocks of America’s economic strength and vitality; and

            Whereas, Facilitating innovation-based economic development and the growth of entrepreneurial companies is critical to our state's future and prosperity; and

            Whereas, In 2013, West Virginia continued to make good progress toward a broader, more robust innovation economy; and

            Whereas, Entrepreneurs and small businesses create the vast majority of the new jobs in the United States; and

            Whereas, Research and development activities being done in federally funded, university and private laboratories in our state are important for new discoveries, scientific and engineering solutions and potential commercialization opportunities; and

            Whereas, Recent studies point to the need for states to nurture research and development activities, develop innovation assets and grow businesses to diversify their economies; and

            Whereas, A technology-based economic development study by the Battelle Technology Partnership Practice highlighted four key innovation clusters where West Virginia should focus its innovation efforts; and

            Whereas, These four key innovation clusters are advanced energy, chemicals/advanced materials, biometrics and identity management and biotechnology; and

            Whereas, Innovations in manufacturing, such as 3D printing, are opening new opportunities for West Virginia's small manufacturing firms to develop new products and processes to improve their bottom lines; and

            Whereas, There is growing interest in entrepreneurship across our state as business plan competitions are attracting record-setting numbers of applications and other groups are exploring ways to bring entrepreneurship education into the K-12 system; and

            Whereas, Improving access to risk capital is a critical need that is being addressed by existing and new public and private programs, such as the West Virginia Capital Access Program, the 1NNOVA Fund, the West Virginia Growth Investment LLC and the Appalachian Community Capital; and

            Whereas, More than one hundred organizations, agencies and companies are working together to help advance the state's innovation and entrepreneurship potential and capacity; and

            Whereas, West Virginia has developed an integrated ecosystem of organizations, agencies and financial firms working collaboratively to spur innovation enterprises and jobs; and

            Whereas, Many of these innovation drivers are here at the Capitol today as part of the Innovation & Entrepreneurship Day hosted by Industries of the Future--West Virginia and TechConnect WV; therefore, be it

            Resolved by the Senate:

            That the Senate hereby recognizes the value and importance of the state's innovation industry on Innovation & Entrepreneurship Day at the Capitol; and, be it

            Further Resolved, That the innovation industry is interested in realizing the long-term economic opportunities that an innovation-based economy can provide our state's citizens; and, be it

            Further Resolved, That the Senate expresses its strong support for continued research and development advancements and applauds the collaborative efforts that are demonstrated by the organizations, agencies and companies that are supporting Innovation & Entrepreneurship Day at the Capitol; and, be it

            Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Industries of the Future--West Virginia and TechConnect WV.

            At the request of Senator Walters, 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 seventh order of business.

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

            On unfinished business, coming up in regular order, was reported by the Clerk.

            The question being on the adoption of the resolution, the same was put and prevailed.

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

            Senate Concurrent Resolution No. 13, Urging Congress propose balanced budget amendment.

            On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Finance.

            The Senate proceeded to the eighth order of business.

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

            On third reading, coming up in regular order, was read a third time.

            Pending discussion,

            Senator Unger moved that the bill be referred to the Committee on Finance, and on this question, Senator Unger demanded the yeas and nays.

            The question being on the adoption of Senator Unger’s aforestated motion, the same was put.

            Senator Unger then arose to a point of order that, under Senate Rule No. 12, which states in part “that the mover of the question shall have the right to close the debate thereon”, the Chair did not recognize Senator Unger for that purpose.

            Which point of order, the President ruled not well taken.

            The question now being on the adoption of Senator Unger’s motion that the bill (Eng. Com. Sub. for S. B. No. 8) be referred to the Committee on Finance.

            The roll being taken, the yeas were: Beach, Facemire, Kessler, Kirkendoll, Laird, Miller, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Unger, Williams, Woelfel and Yost--16.

            The nays were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Nohe, Sypolt, Takubo, Trump, Walters and Cole (Mr. President)--18.

            Absent: None.

            So, a majority of those present and voting not having voted in the affirmative, the President declared Senator Unger’s aforestated motion had not prevailed.

            The question now being on the passage of the bill,

            Pending discussion,

            The question being “Shall Engrossed Committee Substitute for Senate Bill No. 8 pass?”

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--26.

            The nays were: Facemire, Kessler, Kirkendoll, Laird, Miller, Romano, Unger and Yost--8.

            Absent: None.

            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. 8) passed with its title.

            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 Kessler, and by unanimous consent, the remarks by Senator Unger regarding the passage of Engrossed Committee Substitute for Senate Bill No. 8 were ordered printed in the Appendix to the Journal.

            The Senate proceeded to the tenth order of business.

            Com. Sub. for Senate Bill No. 237, Creating Captive Cervid Farming Act.

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

            Senate Bill No. 341, Permitting Agriculture Commissioner approve and submit Livestock Care Standards Board rules.

            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.

            The Senate then proceeded to the twelfth order of business.

            Remarks were made by Senator Kessler.

            Thereafter, at the request of Senator M. Hall, and by unanimous consent, the remarks by Senator Kessler were ordered printed in the Appendix to the Journal.

            Pending announcement of meetings of standing committees of the Senate,

            On motion of Senator Carmichael, the Senate adjourned until tomorrow, Thursday, January 29, 2015, at 11 a.m.

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