WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
SEVENTEENTH DAY
____________
Charleston, W. Va., Friday, January 30, 2015
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by the Reverend Father Leon Alexander, Saint John XXIII Pastoral Center, Charleston, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Donna J. Boley, a senator from the third district.
Pending the reading of the Journal of Thursday, January 29, 2015,
On motion of Senator Laird, 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 passage of
Eng. Senate Bill No. 3, Relating to real property possessor's liability for trespasser harm.
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. House Bill No. 2138--A Bill to amend and reenact §19-25-5 of the Code of West Virginia, 1931, as amended, relating to adding aircraft operations on private airstrips and farms to the definition of "recreational purpose" for the purpose of limiting the liability of landowners.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Maynard, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 29th day of January, 2015, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for H. B. No. 2001), Repealing portions of the Alternative and Renewable Energy Portfolio Act.
Respectfully submitted,
Mark R. Maynard,
Chair, Senate Committee.
John B. McCuskey,
Chair, House Committee.
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. 60, Requiring food handler examinations and cards.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 60 (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 section, designated §16-6-25, relating to food handler examinations and cards; requiring food handler card within thirty days of being hired; and establishing that cards are valid for three years and in all counties.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Ryan J. Ferns,
Chair.
The bill (Com. Sub. for S. B. No. 60), under the original double committee reference, was then referred to the Committee on Government Organization.
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. 66, Revising fees for manufacturer, distributor, dispenser and researcher of controlled substances.
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 Finance.
Respectfully submitted,
Ryan J. Ferns,
Chair.
The bill, under the original double committee reference, was 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. 88, Creating WV Clearance for Access: Registry and Employment Screening Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 88 (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, §16-46-6, §16-46-7, §16-46-8, §16-46-9 and §16-46-10, all relating to requiring background checks for individuals who have direct access to residents, members or beneficiaries of covered providers or covered contractors participating in the West Virginia Clearance for Access: Registry and Employment Screening program; providing short title; defining terms; requiring the Secretary of the Department of Health and Human Resources to develop plan and program for conducting background checks; requiring centralized database to maintain criminal history record information and results; establishing prescreening process conducted by covered providers and covered contractors; requiring applicants to provide fingerprints and undergo criminal background check; establishing procedures and criteria for obtaining and reviewing criminal history record information; establishing criteria for approving applicants for employment; authorizing contractors and fees; creating special revenue account for administrative fees; providing for protests of the secretary’s decisions and permitting variances; creating exceptions; authorizing legislative rules; providing monetary penalties; and providing for civil and criminal immunity.
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,
Ryan J. Ferns,
Chair.
The bill (Com. Sub. for S. B. No. 88), under the original double committee reference, was then referred to the Committee on Finance.
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. 94, Establishing driver's license restoration program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 94 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17B-3-14; and to amend and reenact §17B-4-3 of said code, all relating to suspension or revocation of driver’s licenses; making legislative findings; establishing driver’s license restoration program; waiving certain reinstatement requirements to restore driving privileges; reducing period for suspension upon receipt of notice of driving while suspended for offenses other than driving under the influence; and granting rule-making authority.
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,
Charles S. Trump IV,
Chair.
The bill (Com. Sub. for S. B. No. 94), under the original double committee reference, was then referred to the Committee on Finance.
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. 162, Authorizing DEP promulgate legislative rule relating to control of air pollution from hazardous waste treatment, storage and disposal facilities.
Senate Bill No. 163, Authorizing DEP promulgate legislative rule relating to standards of performance for new stationary sources.
Senate Bill No. 164, Authorizing DEP promulgate legislative rule relating to permits for construction and major modification of major stationary sources for prevention of significant deterioration of air quality.
Senate Bill No. 166, Authorizing DEP promulgate legislative rule relating to WV/NPDES rule for coal mining facilities.
Senate Bill No. 168, Authorizing DEP promulgate legislative rule relating to emission standards for hazardous air pollutants.
Senate Bill No. 169, Authorizing DEP promulgate legislative rule relating to requirements for operating permits.
And,
Senate Bill No. 170, Authorizing OMHST promulgate legislative rule relating to employee safety in and around quarries.
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 Judiciary.
Respectfully submitted,
Jeff Mullins,
Chair.
The bills, under the original double committee references, were 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. 186, Authorizing Tax Department promulgate legislative rule relating to appointment of special assessors.
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,
Mike Hall,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 199, Authorizing Board of Registration for Professional Engineers promulgate legislative rule relating to examination, licensure and practice.
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,
Craig Blair,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 243, Relating to school nutrition standards during state of emergency or preparedness.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 243 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-6a, relating to school nutrition standards during a state of emergency or state of preparedness; authorizing Governor or Legislature to temporarily suspend legislative rules establishing nutrition standards for foods and beverages served to students in public schools during a state of emergency or state of preparedness; and providing limitations.
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,
Dave Sypolt,
Chair.
The bill (Com. Sub. for S. B. No. 243), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 255, Eliminating certain boards, councils, task forces, commissions and committees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 255 (originating in the Committee on Government Organization)--A Bill to repeal §15-8-1, §15-8-2, §15-8-3, §15-8-4, §15-8-5, §15-8-6, §15-8-7, §15-8-8, §15-8-9, §15-8-10, §15-8-11 and §15-8-12 of the Code of West Virginia, 1931, as amended; to repeal §16-5J-5 of said code; to repeal §16-5T-1 of said code; to repeal §16-42-1, §16-42-2, §16-42-3, §16-42-4, §16-42-5 and §16-42-6 of said code; to repeal §18-2J-1, §18-2J-2, §18-2J-3, §18-2J-4, §18-2J-5, §18-2J-6 and §18-2J-7 of said code; to repeal §18B-1C-3 of said code; to repeal §18B-14-11 of said code; to repeal §18B-16-6 of said code; to repeal §20-2B-2a of said code; to repeal §21-3A-10 and §21-3A-18 of said code; to repeal §21-3B-3 of said code; to repeal §22C-5-1, §22C-5-2, §22C-5-3, §22C-5-4, §22C-5-5, §22C-5-6, §22C-5-7 and §22C-5-8 of said code; to repeal §23-1-1a of said code; to repeal §29-12B-4 and §29-12B-5 of said code; to repeal §31-16-1, §31-16-2, §31-16-3 and §31-16-4 of said code; to repeal §33-48-2 and §33-48-3 of said code; to repeal §55-15-1, §55-15-2, §55-15-3, §55-15-4, §55-15-5 and §55-15-6 of said code; and to repeal §62-11E-1, §62-11E-2 and §62-11E-3 of said code, all relating to eliminating unnecessary, inactive or redundant boards, councils, committees, panels, task forces and commissions; terminating the West Virginia Sheriffs’ Bureau; terminating the Clinical Laboratories Quality Assurance Advisory Board; terminating the Care Home Advisory Board; terminating the Comprehensive Behavioral Health Commission; terminating the Public and Higher Education Unified Educational Technology Strategic Plan, including the Governor’s Advisory Council for Educational Technology; terminating the West Virginia Consortium for Undergraduate Research and Engineering; terminating the Governor’s Commission on Graduate Study in Science, Technology, Engineering and Mathematics; terminating the West Virginia Rural Health Advisory Panel; terminating the Ohio River Management Fund Advisory Board; terminating the Occupational Safety and Health Review Commission; terminating the Occupational Safety and Health Advisory Board; terminating the Environmental Assistance Resource Board; terminating the Commercial Hazardous Waste Management Facility Siting Board; terminating the Workers’ Compensation Board of Managers; terminating the State Medical Malpractice Advisory Panel; terminating the West Virginia Steel Futures Program, including the Steel Advisory Commission; terminating the West Virginia Health Insurance Plan Board; terminating the Alternative Dispute Resolution Commission; and terminating the Sexually Violent Predator Management Task Force.
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,
Craig Blair,
Chair.
The bill (Com. Sub. for S. B. No. 255), 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. 267, Repealing code relating to Governor's Office of Health Enhancement and Lifestyle Planning.
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,
Ryan J. Ferns,
Chair.
The bill, under the original double committee reference, was then 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. 284, Relating to chief law-enforcement officer's requirement to certify transfer or making of certain firearms.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 284 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-16, relating to dangerous weapons generally; requiring certification of responsible persons seeking federal authorization to possess certain firearms by a chief law enforcement officer when person is not legally proscribed therefrom; clarifying what criteria may be considered when certification is sought from law enforcement that applicant is not prohibited from securing or possessing firearms covered by the National Firearms Act; defining terms; and allowing circuit court appeals or adverse decisions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
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. 312, Relating to disqualification of general election nominees for failure to file campaign finance statements.
Senate Bill No. 318, Relating to payment of wages by employers.
Senate Bill No. 322, Eliminating mandatory electronic recount of ballots in recounts.
And,
Senate Bill No. 326, Eliminating campaign finance reporting by candidates for delegate to national convention.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Charles S. Trump IV,
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. 323, Relating to municipal home rule.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 323 (originating in the Committee on Government Organization)--A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to extending home rule to all Class I, II and III municipalities; providing that the Municipal Home Rule Board will terminate five years after enactment of statute unless extended; making an increasing number of Class IV municipalities eligible to participate in the Home Rule Pilot Program; amending powers and duties of the Municipal Home Rule Board; amending requirements for enactment of ordinances, acts, resolutions, rules or regulations by municipalities participating in the Home Rule Pilot Program; and eliminating requirement for the performance review of the Home Rule Pilot Project.
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,
Craig Blair,
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 Government Organization.
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. 334, Relating to practice of medicine and surgery or podiatry.
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 Health and Human Resources.
Respectfully submitted,
Craig Blair,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Health and Human Resources.
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 Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 370--A Bill to amend and reenact §15-9-1, §15-9-2, §15-9-3 and §15-9-5 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §15-9-6; to amend and reenact §15-9A-1, §15-9A-2 and §15-9A-3 of said code; to amend and reenact §15-9B-1 and §15-9B-2 of said code; to amend and reenact §30-29-2, §30-29-3, §30-29-4, §30-29-5, §30-29-6 and §30-29-7 of said code; and to amend and reenact §62-11C-2, §62-11C-3, §62-11C-4, §62-11C-6 and §62-11C-8 of said code, all relating to reorganization of the Governor’s Committee on Crime, Delinquency and Correction and its subcommittees; continuing the Governor’s Committee on Crime, Delinquency and Correction and providing for membership, terms and authority of the chair; requiring facility inspection in accordance with the Prison Rape Elimination Act; granting authority to the Governor’s Committee on Crime, Delinquency and Correction to establish bylaws, policies and procedures; establishing responsibilities of the Governor’s Committee on Crime, Delinquency and Correction; stating legislative findings; designating a staffing agency for the Governor’s Committee on Crime, Delinquency and Correction and providing authority and responsibilities; establishing duties of the Director of the Governor’s Committee on Crime, Delinquency and Correction; establishing membership criteria and subcommittee status of the Sexual Assault Forensic Examination Commission; establishing powers and duties of the Sexual Assault Forensic Examination Commission; establishing membership criteria and subcommittee status of the Law-Enforcement Professional Standards Subcommittee; establishing powers and duties of the Law-Enforcement Professional Standards Subcommittee; providing for uses of fees collected for the Law-Enforcement Professional Standards Subcommittee and authorizing adjustments of such fees by legislative rule; establishing the Community Corrections Subcommittee, membership and authority; and making technical edits.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Carmichael and Karnes:
Senate Bill No. 371--A Bill to amend and reenact §56-1-1a of the Code of West Virginia, 1931, as amended, relating to application of the doctrine of forum non conveniens when civil actions involve both legal resident and nonresident plaintiffs.
Referred to the Committee on the Judiciary.
By Senator Carmichael:
Senate Bill No. 372--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-10A-1, §55-10A-2, §55-10A-3, §55-10A-4, §55-10A-5, §55-10A-6 and §55-10A-7, all relating to mediation of civil actions pending in the circuit courts of this state.
Referred to the Committee on the Judiciary.
By Senators Nohe, Gaunch, D. Hall, Karnes and Blair:
Senate Bill No. 373--A Bill to amend and reenact §17D-2A-4 of the Code of West Virginia, 1931, as amended, relating to allowing image displayed on a wireless communication device to serve as proof of insurance on a motor vehicle.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Trump and D. Hall:
Senate Bill No. 374--A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931, as amended, relating to permitting in absentia parole hearings in certain instances.
Referred to the Committee on the Judiciary.
By Senator Trump:
Senate Bill No. 375--A Bill to amend and reenact §62-12-23 of the Code of West Virginia, 1931, as amended, relating to specifying who receives notice of parole hearings via regular or certified mail.
Referred to the Committee on the Judiciary.
By Senator Trump:
Senate Bill No. 376--A Bill to repeal §44-2-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §16-5-9a; to amend and reenact §44-1-14a of said code; to amend said code by adding thereto a new section, designated §44-1-30; and to amend and reenact §44-2-1 of said code, all relating generally to administration of estates and trusts; repealing redundant provision requiring fiduciary commissioner to publish notice of time for receiving claims against decedents’ estates; requiring legal residences to be included on certificates of death; reducing claim period from ninety to sixty days; increasing value of estates for which a fiduciary commissioner need not be appointed; and authorizing clerk of the county commission to require a certified copy of a decedent's certificate of death or other proof of death and residence.
Referred to the Committee on the Judiciary.
By Senators Boso and Gaunch:
Senate Bill No. 377--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to manufacturers and sellers of prescription and over-the-counter drugs; and adopting the learned intermediary doctrine as defense to civil action based upon inadequate warnings or instructions.
Referred to the Committee on the Judiciary.
By Senators Snyder, Blair, Miller, Kessler, Kirkendoll and Gaunch:
Senate Bill No. 378--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3B-6, relating to permitting licensing of any electrician who did not renew his or her electrician's license issued earlier by the State Fire Marshal; and renewing license without retesting if twice the renewal fee is paid and earlier license was not revoked.
Referred to the Committee on Government Organization.
By Senators Walters, D. Hall, Beach and Miller:
Senate Bill No. 379--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-17B-1, §17-17B-2, §17-17B-3, §17-17B-4 and §17-17B-5, all relating to authorizing the West Virginia Division of Highways to enter into cooperative agreements with the United States Secretary of Transportation to establish infrastructure revolving funds eligible to be capitalized with federal transportation funds; and creating State Infrastructure Bank.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Kessler, Stollings, Unger, Miller and Yost:
Senate Bill No. 380--A Bill to amend and reenact §11-13A-5b of the Code of West Virginia, 1931, as amended, relating to the West Virginia Future Fund; including the Revenue Shortfall Reserve Fund - Part B in calculation of when deposits may be made into fund; and adding definition for “education and workforce development”.
Referred to the Committee on Finance.
By Senators M. Hall, Stollings, D. Hall, Nohe, Boso, Miller, Kessler and Prezioso:
Senate Bill No. 381--A Bill to amend and reenact §15-2-3 of the Code of West Virginia, 1931, as amended, relating to creating a special revenue account to offset costs for the West Virginia State Police one hundredth anniversary in 2019.
Referred to the Committee on Finance.
By Senators M. Hall and Walters:
Senate Bill No. 382--A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof.
Referred to the Committee on Finance.
Senators Beach, Kessler, Leonhardt, Prezioso, Unger, Stollings, Miller and Yost offered the following resolution:
Senate Concurrent Resolution No. 14--Requesting the Division of Highways to erect signs along Interstate 79 in Marion County designated “Home of Francis H. Pierpont”.
Whereas, Francis H. Pierpont was one of the delegates to the Great Railroad Convention to bring the B&O Railroad into Marion County; and
Whereas, Francis H. Pierpont, working along with James Otis Watson, opened the first rail-shipping bituminous coal mine west of the Allegheny Mountains; and
Whereas, May 13, 1861, Francis H. Pierpont became Delegate of the First Wheeling Convention; and
Whereas, June 20, 1861, Francis H. Pierpont was elected Provisional Governor of the Restored Virginia by an unanimous 77 votes; and
Whereas, May 13, 1862, Francis H. Pierpont called a special session of the Restored Virginia General Assembly which granted counties in Northwestern Virginia permission for their separation from the remainder of Virginia and the formation of a new state into the Union: West Virginia; and
Whereas, May 22, 1862, Francis H. Pierpont was elected Governor of the Restored Virginia; and
Whereas, In June, 1863, Francis H. Pierpont declined to be Governor of West Virginia, remaining Governor of Restored Virginia until April 4, 1868; and
Whereas, In 1869, Francis H. Pierpont was elected to the West Virginia Legislature; and
Whereas, Francis H. Pierpont established the first local school for African Americans; and
Whereas, On April 30, 1910, a statue honoring Francis H. Pierpont as the “Father of West Virginia” was accepted by the Capitol Building in Washington, D. C., one of only two statues representing West Virginia in Statuary Hall in the United States Capitol Building; and
Whereas, Stephen B. Elkins, former Secretary of War, on the day of the statue dedication proclaimed, “He (Francis H. Pierpont) founded a state whose people will love and bless his memory as the sun rolls on.”; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to erect signs along Interstate 79 in Marion County designated “Home of Francis H. Pierpont”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs along Interstate 79 at locations entering Marion County on the borders of Harrison and Monongalia counties, proclaiming this section of road “Home of Francis H. Pierpont”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of Highways, the Marion County Commission and the Marion County Historical Society.
Which, under the rules, lies over one day.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 237, Creating Captive Cervid Farming 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 Senate Bill No. 237 pass?”
On the passage of the bill, the yeas were: Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Nohe, Palumbo, Plymale, Romano, Snyder, Stollings, Sypolt, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--28.
The nays were: Miller, Mullins, Prezioso, Takubo and Unger--5.
Absent: Beach--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. 237) passed with its title.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Nohe, Palumbo, Plymale, Romano, Snyder, Stollings, Sypolt, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--28.
The nays were: Miller, Mullins, Prezioso, Takubo and Unger--5.
Absent: Beach--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 S. B. No. 237) takes effect from passage.
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 Sypolt, and by unanimous consent, the remarks by Senator Williams regarding the passage of Engrossed Committee Substitute for Senate Bill No. 237 were ordered printed in the Appendix to the Journal.
Eng. Senate Bill No. 341, Permitting Agriculture Commissioner approve and submit Livestock Care Standards Board rules.
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: 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, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Beach--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 341) passed with its title.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: 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, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Beach--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 341) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 6, Relating to medical professional liability.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Walters, the following amendments to the bill were reported by the Clerk and considered simultaneously:
On page fourteen, section eight, line thirty five, after the word “action” by changing the period to a colon and inserting a new subsection, designated subsection (e), to read as follows:
(e) The limitation on liability provided under this section shall not apply where health care or assistance is rendered in willful and wanton or reckless disregard of a risk of harm to the patient.;
And,
By relettering the remaining subsections.
Following discussion,
The question being on the adoption of the amendments offered by Senator Walters to the bill (Com. Sub. for S. B. No. 6), and on this question, Senator Plymale demanded the yeas and nays.
The roll being taken, the yeas were: Facemire, Romano, Snyder and Walters--4.
The nays were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Unger, Williams, Woelfel, Yost and Cole (Mr. President)--29.
Absent: Beach--1.
So, a majority of those present and voting not having voted in the affirmative, the President declared the amendments offered by Senator Walters to the bill rejected.
On motion of Senator Romano, the following amendments to the bill (Com. Sub. for S. B. No. 6) were next reported by the Clerk and considered simultaneously:
On page four, section two, line forty-five, after the word “treatment;” by inserting the word “and”;
On page five, section two, line fifty-four, after the word “services” by changing the semicolon to a period and striking out the word “and”;
And,
On page five, section two, lines fifty-five through fifty-eight by striking out all of subdivision (3).
Following discussion,
The question being on the adoption of Senator Romano’s amendment to the bill, the same was put and did not prevail.
The bill (Com. Sub. for S. B. No. 6) was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 7, Requiring CPR and care for conscious choking instruction in public schools.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 106, Excepting professional engineer member from sanitary board when project engineer is under contract.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 335, Creating Access to Opioid Antagonists Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 175, Authorizing DHHR promulgate legislative rules.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 249, Prohibiting straight party voting.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Miller, Unger, Karnes and Woelfel.
On motion of Senator Carmichael, a leave of absence for the day was granted Senator Beach.
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 Monday, February 2, 2015, at 11 a.m.
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