WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
TWENTY-FOURTH DAY
____________
Charleston, W. Va., Friday, February 6, 2015
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by Seth Polk, Lead Pastor, Cross Lanes Baptist Church, Cross Lanes, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Corey Palumbo, a senator from the seventeenth district.
Pending the reading of the Journal of Thursday, February 5, 2015,
On motion of Senator Miller, 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 passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2128--A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to permitting those individuals who have been issued concealed weapons permits to keep firearms in their motor vehicles on the state Capitol Complex grounds if the vehicles are locked and the weapons are out of normal view.
Referred to the Committee on the Judiciary.
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. 2234--A Bill to amend and reenact §48-5-613 of the Code of West Virginia, 1931, as amended, relating to requiring a court to permit a party in a divorce proceeding to resume using the name he or she used prior to the marriage.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
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. 19, Specifying minimum early childhood education program instruction days.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 19 (originating in the Committee on Education)--A Bill to amend and reenact §18-5-44 of the Code of West Virginia, 1931, as amended, relating to setting forth minimum days per week, number of instructional minutes per week and minimum instructional days per year for early childhood education programs.
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,
Dave Sypolt,
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 Education.
Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Com. Sub. for Senate Bill No. 60 (originating in the Committee on Health and Human Resources), Requiring food handler examinations and cards.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 60 (originating in the Committee on Government Organization)--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; establishing that cards are valid for three years; allowing for cards to be valid in all counties of the state; requiring food handler card within thirty days of being hired; and requiring Bureau for Public Health establish minimum guidelines for training programs for individuals seeking a food handler permit or card.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Craig Blair,
Chair.
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. 142, Authorizing Department of Administration promulgate legislative rule relating to Purchasing Division.
And,
Senate Bill No. 143, Authorizing Department of Administration promulgate legislative rule relating to operation plan for State Agency for Surplus Property.
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,
Mike Hall,
Chair.
The bills, under the original double committee references, were 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. 238, Exempting county boards of education from liability arising from unorganized recreation.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
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. 242, Creating criminal penalties for automated telephone calls causing harm during state of emergency or preparedness.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 242 (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 §15-5-19b, relating to creating new offense of disseminating false, misleading or deceptive information during a declared state of emergency or state of preparedness; establishing elements of the offense; providing each call constitutes a separate offense; and establishing penalties.
With the recommendation that the committee substitute do pass; but with the further recommendation that it first be referred to the Committee on Finance.
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. 294, Eliminating certain unnecessary, inactive or redundant councils, committees and boards.
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 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. 309, Authorizing Corrections Commissioner to enter into mutual aid agreements.
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 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. 343, Exempting chiropractors from continuing education requirement on mental health conditions common to veterans.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 343 (originating in the Committee on Government Organization)--A Bill to amend and reenact §30-1-7a of the Code of West Virginia, 1931, as amended, relating to removing chiropractors from list of medical professionals required to obtain continuing education on mental health conditions common to veterans and family members of veterans.
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. 343), 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. 398, Extending expiration date for health care provider tax on eligible acute care hospitals.
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. 399, Relating to hospitals owned or operated by nonprofit corporations or associations or local governmental units.
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
Eng. House Bill No. 2138, Adding aircraft operations on private airstrips and farms to the definition of recreational purpose.
And reports the same back with the recommendation that it 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
Eng. Com. Sub. for House Bill No. 2227, Relating to the National Coal Heritage Area Authority.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Craig Blair,
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 Plymale, Laird, Kessler, Stollings, Miller, D. Hall, M. Hall, Prezioso, Leonhardt, Walters, Williams and Carmichael:
Senate Bill No. 425--A Bill to amend and reenact §12-1-12d of the Code of West Virginia, 1931, as amended, relating to investments by certain institutions of higher learning.
Referred to the Committee on Education.
By Senators Plymale, Prezioso, Beach, Carmichael, D. Hall, Kessler, Walters and Williams:
Senate Bill No. 426--A Bill to amend and reenact §18B-4-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-29-8 of said code, all relating to campus police officers of state institutions of higher learning; allowing governing boards of state institutions of higher learning to apply for grants and other awards available to law-enforcement agencies; authorizing state institutions of higher learning to compensate employees for attending law-enforcement training academies; and providing for agreements to reimburse employers for wages and expenses of employees trained but not continuing employment.
Referred to the Committee on Education.
By Senators Unger, Yost, Boley, Nohe, Romano, Beach, Kirkendoll, Prezioso, Miller, Facemire, Kessler, Palumbo, D. Hall, Laird, Williams, Carmichael, Snyder, Stollings and Plymale:
Senate Bill No. 427--A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to career progression of members of the State Police; increasing the longevity pay for members of the State Police; providing for certain increases in pay if certain educational attainment is met by members of the State Police; and adjusting the timing of certain salary changes.
Referred to the Committee on Finance.
By Senators Stollings, Takubo and Kessler:
Senate Bill No. 428--A Bill to amend and reenact §30-3E-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-7-15a of said code; and to amend and reenact §30-8-9 of said code, all relating to permitting oral pharmaceutical certified licensees, advanced practice registered nurses and physician assistants to prescribe hydrocodone combination drugs for a duration of no more than three days.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Trump, Williams, D. Hall, Stollings, Miller, Palumbo and Kessler:
Senate Bill No. 429--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-16-11b; and to amend and reenact §60-8-3 of said code, all relating to creating a one-day special license for charitable events to sell nonintoxicating beer and wine.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Trump:
Senate Bill No. 430--A Bill to amend and reenact §48-27-507 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §51-2A-2a, all relating to exempting mutual orders enjoining certain contact between parties to a domestic relations action from the prohibition against mutual protective orders; and authorizing the family courts of the state to enter mutual orders enjoining certain contact between parties to a domestic relations action upon consent of the parties or upon certain findings of the court.
Referred to the Committee on the Judiciary.
By Senators Kessler, Unger, Beach, Facemire, Kirkendoll, Laird, Miller, Romano, Snyder, Stollings, Williams, Woelfel, Yost and Palumbo:
Senate Bill No. 431--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-1b, relating to increasing pay to teachers over a five-year period.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Kessler, Beach, Facemire, Kirkendoll, Laird, Miller, Romano, Snyder, Stollings, Unger, Woelfel and Yost:
Senate Bill No. 432--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-1b, relating to increasing pay to service personnel over five-years.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Kessler, Unger, Beach, Facemire, Kirkendoll, Laird, Miller, Romano, Snyder, Stollings, Woelfel and Yost:
Senate Bill No. 433--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-2a, relating to increasing pay to state employees over a three-year period.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Carmichael, D. Hall, Kirkendoll and Stollings:
Senate Bill No. 434--A Bill to amend and reenact §19-23-12b and §19-23-13b of the Code of West Virginia, 1931, as amended, all relating to approvals of televised racing days and simulcast contracts by Horsemen’s Benevolent and Protective Association; reducing racing days; providing additional reason for reduction in live racing dates; notifying mutual clerks and Horsemen’s Benevolent and Protective Association of request to reduce racing dates; determining reduction in live racing dates at special commission meeting; and eliminating certain restrictions on moneys placed in purse fund.
Referred to the Committee on Finance.
Senators Stollings and Plymale offered the following resolution:
Senate Concurrent Resolution No. 22--Requesting the Division of Highways name a portion of U. S. Route 119 in Boone County, beginning at a point, latitude 38.52773, longitude -81.50927, and ending at a point, latitude 38.54209, longitude -81.501417, the "U. S. Army SGT Mark Andrew Messer Memorial Road”.
Whereas, Sergeant Messer was born in Charleston on January 4, 1965, to the Reverend Melvin and Barbara Messer; and
Whereas, After graduating from Scott High School, where he played football, Sergeant Messer enrolled in the Army and was stationed at Fort Leonard Wood in Missouri, Fort Lewis in Washington and Fort Campbell in Kentucky; and
Whereas, Sergeant Messer served in the military for more than ten years, including a life-altering, front-line tour in the Middle East during Desert Storm. He was a member of the 5th Special Forces Group, the 101st Airborne and the Green Berets. He fought in Honduras, Iraq, Iran, Kuwait and Saudi Arabia and trained with the Egyptian Special Forces; and
Whereas, Sergeant Messer received the Army Service Ribbon, Army Lapel Button, Sharpshooter Qualification Badge (M16 Rifle), Driver's Badge, Army Good Conduct Medal, Army Achievement Medal, NCO Professional Development Ribbon, National Defense Service Medal, Driver Mechanic Badge, Mechanic Badge, Southwest Asia Service Medal and Saudi Arabia/Kuwait Liberation Medal; and
Whereas, Sergeant Messer returned home to Boone County after he received a medical discharge because of injuries sustained during Desert Storm, including post-traumatic stress disorder. He was a VFW member; and
Whereas, Sergeant Messer passed away in his home on March 18, 2012, survived by his parents; his sons, Elijah Messer, Justin Green, Gage Messer and Dane Messer; and his bothers, David Messer and Jacob Messer; and
Whereas, It is fitting and proper that U. S. Army Sergeant Mark Andrew Messer be remembered and acknowledged for his dedicated service to his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name a portion of U. S. Route 119 in Boone County, beginning at a point, latitude 38.52773, longitude -81.50927, and ending at a point, latitude 38.54209, longitude -81.501417, the "U. S. Army SGT Mark Andrew Messer Memorial Road"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs at both ends identifying the road as the "U. S. Army SGT Mark Andrew Messer Memorial Road"; 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 the Division of Highways and the family of U. S. Army Sergeant Mark Andrew Messer.
Which, under the rules, lies over one day.
Senators Leonhardt, Beach, D. Hall, Miller and Plymale offered the following resolution:
Senate Resolution No. 23--Recognizing the West Virginia Wing of the Civil Air Patrol for its dedicated service to our state and nation.
Whereas, On December 1, 1941, one week prior to the Japanese attack on Pearl Harbor, the Civil Air Patrol was established to supplement the U. S. Military during World War II; and
Whereas, Thousands of volunteer members answered America's call to national service and sacrifice by accepting and performing critical wartime missions; and
Whereas, Assigned to the War Department under the jurisdiction of the Army Air Corps, the Civil Air Patrol logged more than 500,000 flying hours, sank two enemy submarines and saved hundreds of crash victims during World War II; and
Whereas, On May 26, 1948, Congress passed Public Law 557 permanently establishing Civil Air Patrol as the auxiliary of the U. S. Air Force to perform three primary missions - Emergency Services, Cadet Programs and Aerospace Education; and
Whereas, Since the Civil Air Patrol’s beginning, the all-volunteer organization has set itself apart during our Nation’s most tumultuous times by, among many other things, locating and sinking enemy submarines during World War II; assisting rescuers and state agencies immediately following the September 11, 2001, terrorist attacks; supporting hurricane disaster relief efforts in 2005 and 2008; and more recently flying hundreds of missions in response to the BP oil spill; as well as aiding communities during other natural disasters; and
Whereas, The Civil Air Patrol further provides vital homeland security missions that help ensure the protection of our National Capitol and the Nation as a whole by assisting Air Force pilots with target-intercept training and by assisting our Military with acquiring distant targets; and
Whereas, The West Virginia Wing annually flies photographic and other homeland security-related missions and missions in support of the West Virginia Division of Homeland Security and Emergency Management and other state and local emergency and law-enforcement agencies; and
Whereas, The West Virginia Wing works very closely with our state’s emergency services and homeland security agencies and personnel in training for response to natural disasters, terrorist attacks as well as air and ground search and rescue operations; and
Whereas, The West Virginia Wing, with its small, single-engine aircraft, vehicles and all-volunteer force, is constantly prepared for immediate dispatch on search, rescue and recovery missions here in West Virginia, and has performed notable search and rescue missions, most recently the search for a crashed U. S. Navy MH-60S Knighthawk helicopter near Cass, West Virginia, where the Civil Air Patrol volunteer rescuers, after locating the downed helicopter, struggled through a raging snowstorm to reach the crash site on the side of a wooded mountain which rose at a steep 60-degree angle, then had to carry the helicopter’s most severely injured crew members and passengers by stretcher through 500 to 600 yards of snow, waist-deep or higher, to a Sno-Cat provided by Snowshoe Mountain Resort, an endeavor to get the victims to medical triage that lasted 12 hours in the heavy snow and ice conditions; and
Whereas, The Civil Air Patrol provides exceptional educational and growth opportunities for youth through its nearly 26,000-member strong cadet program, which annually provides access to top national summer flight academies to learn to fly powered and glider aircraft, as well as to approximately 30 national programs emphasizing leadership and careers in aviation; and
Whereas, The West Virginia Wing has 16 units throughout the state with a total of 589 volunteer cadet and senior members; and
Whereas, The Civil Air Patrol was awarded the Congressional Gold Medal in 2014 for its service during World War II; and
Whereas, The West Virginia Wing has six members, two of whom are still living today, confirmed as Congressional Gold Medal recipients; and
Whereas, The Senate encourages all citizens to observe February 6, 2015, as Civil Air Patrol Day in West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the West Virginia Wing of the Civil Air Patrol for its dedicated service to our state and nation; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Wing of the Civil Air Patrol.
At the request of Senator Leonhardt, 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. 18, Requesting DOH name bridge in Wetzel County "U. S. Army COL William L. Glover Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 19, Requesting DOH name stretch of road in Wayne County "Darrell W. Sanders Memorial Highway".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 20, Requesting DOH name stretch of road in McDowell County "U. S. 1SG Army Joe C. Alderman Memorial Road".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 21, Urging Congress call convention for proposal of constitutional amendments imposing fiscal restraints, limiting jurisdiction and setting term limits.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 250, Relating to Conservation Agency financial assistance applications from district supervisors.
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, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Romano, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--31.
The nays were: None.
Absent: Leonhardt, Prezioso and Snyder--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 250) 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, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Romano, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--31.
The nays were: None.
Absent: Leonhardt, Prezioso and Snyder--3.
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. 250) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 261, Clarifying definition of "owner" of dam.
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, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Romano, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--31.
The nays were: None.
Absent: Leonhardt, Prezioso and Snyder--3.
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. 261) 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 Senate Bill No. 279, Clarifying qualifications of Labor Commissioner.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Carmichael, the bill was recommitted to the Committee on the Judiciary.
Eng. Com. Sub. for Senate Bill No. 374, Permitting in absentia parole hearings in certain instances.
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, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Romano, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--31.
The nays were: None.
Absent: Leonhardt, Prezioso and Snyder--3.
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. 374) 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, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Romano, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--31.
The nays were: None.
Absent: Leonhardt, Prezioso and Snyder--3.
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. 374) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 375, Specifying who receives parole hearing notices via regular or certified mail.
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, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Romano, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--31.
The nays were: None.
Absent: Leonhardt, Prezioso and Snyder--3.
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. 375) 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, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Romano, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--31.
The nays were: None.
Absent: Leonhardt, Prezioso and Snyder--3.
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. 375) 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. 187, Authorizing Department of Revenue promulgate legislative rules.
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. 287, Providing posthumous high school diplomas.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill No. 2002, Predicating actions for damages upon principles of comparative fault.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Romano, and by unanimous consent, the bill was advanced to third reading with the unreported Judiciary committee amendment pending and the right for further amendments to be considered on that reading.
Eng. Com. Sub. for House Bill No. 2217, Relating to qualifications of the Commissioner of Labor.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Trump, the following amendment to the bill was reported by the Clerk and adopted:
On page two, section two, lines six through twelve, by striking out the following: The Commissioner of Labor in office on the effective date of this section shall, unless sooner removed, continue to serve until his or her term expires and his or her successor has been appointed and has qualified. On or before April 1, 1941, and on or before April 1 of each fourth year thereafter, the Governor shall appoint a Commissioner of Labor to serve for a term of four years, commencing on April 1.
The bill (Eng. Com. Sub. for H. B. No. 2217), as amended, was then ordered to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 37, Creating Revised Uniform Arbitration Act.
Com. Sub. for Senate Bill No. 255, Eliminating certain boards, councils, committees, panels, task forces and commissions.
Senate Bill No. 262, Transferring CHIP and Children's Health Insurance Agency from Department of Administration to DHHR.
Senate Bill No. 267, Repealing code relating to Governor's Office of Health Enhancement and Lifestyle Planning.
Senate Bill No. 295, Establishing appeal process for DHHR Board of Review and Bureau for Medical Services decisions.
Com. Sub. for Senate Bill No. 357, Creating Coal Jobs and Safety Act of 2015.
Com. Sub. for Senate Bill No. 361, Eliminating prevailing hourly wage requirement for construction of public improvements.
And,
Eng. Com. Sub. for House Bill No. 2025, Prohibiting certain sex offenders from loitering within one thousand feet of a school or child care facility.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Walters.
Thereafter, at the request of Senator Kessler, and by unanimous consent, the remarks by Senator Walters were ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
Senator Cole (Mr. President) announced the replacement of Senator D. Hall on the Committee on Finance with Senator Mullins; and the replacement of Senator Mullins on the Committee on the Judiciary with Senator D. Hall.
On motion of Senator Carmichael, leaves of absence for the day were granted Senators Prezioso and Snyder.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Carmichael, the Senate adjourned until Monday, February 9, 2015, at 11 a.m.
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