WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
TWENTY-EIGHTH DAY
____________
Charleston, W. Va., Tuesday, February 10, 2015
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by the Reverend Christopher Jones, Mount Olive Correctional Complex, Mount Olive, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable William R. Laird IV, a senator from the tenth district.
Pending the reading of the Journal of Monday, February 9, 2015,
On motion of Senator Maynard, 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 that that body had refused to recede from its amendments, and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for Senate Bill No. 13, Reinstating open and obvious doctrine for premises liability.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Shott, Hanshaw and Rowe.
On motion of Senator Carmichael, the Senate agreed to the appointment of a conference committee on the bill.
Whereupon, Senator Cole (Mr. President) appointed the following conferees on the part of the Senate:
Senators Trump, Carmichael and Palumbo.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Executive Communications
The Clerk then presented a communication from His Excellency, the Governor, advising that on February 9, 2015, he had approved Enr. Senate Bill No. 3.
The Senate proceeded to the fourth order of business.
Senator D. Hall, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:
Your Committee on Agriculture and Rural Development has had under consideration
Senate Bill No. 30, Permitting sale of raw milk.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 30 (originating in the Committee on Agriculture and Rural Development)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-7, relating to shared animal ownership agreements to consume raw milk; acquiring a percentage ownership interest in a milk-producing animal and its raw milk; requiring a written document acknowledging the inherent dangers of consuming raw milk; agreeing not to distribute raw milk; and requiring the herd seller to meet animal health and testing requirements established by the state veterinarian.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Health and Human Resources.
Respectfully submitted,
Daniel J. Hall,
Chair.
The bill (Com. Sub. for S. B. No. 30), under the original double committee reference, was then referred to the Committee on Health and Human Resources.
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. 298, Clarifying funds within Public Employees Retirement Fund.
And,
Senate Bill No. 302, Relating to state retirement plans.
And reports the same back with the recommendation that they each 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. 299, Clarifying start date of State Police duty-related disability payments.
And has amended same.
Eng. House Bill No. 2200, Revising, rearranging, consolidating and recodifying the laws of the State of West Virginia relating to child welfare.
And has amended same.
And,
Eng. House Bill No. 2201, Requiring the Public Service Commission to adopt certain net metering and interconnection rules and standards.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Nohe, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 313, Relating to delinquency proceedings of insurers.
And
Senate Bill No. 373, Allowing wireless communication image serve as proof of motor vehicle insurance.
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,
David Nohe,
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. 315, Relating to civil actions filed under Consumer Protection Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 315 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §46A-6-101, §46A-6-102, §46A-6-105 and §46A-6-106 of the Code of West Virginia, 1931, as amended, all relating to civil actions filed under the Consumer Protection Act; providing statement of legislative intent that courts be guided by federal court and agency interpretations of similar federal statutes; clarifying who may bring private cause of action; establishing requirement of out-of-pocket loss proximately caused by alleged violation in actions for damages; and providing right to demand a jury trial.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Nohe, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 365, Relating to issuance of travel insurance entity producer limited licenses.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 365 (originating in the Committee on Banking and Insurance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12-32b, relating to travel insurance limited lines producers; defining terms; authorizing Commissioner of Insurance to issue travel insurance entity producer license; establishing fees, fines and penalties; requiring licensee to maintain register of travel retailers offering insurance on its behalf and designate a responsible individual producer; authorizing travel retailer to offer travel insurance and receive compensation under certain conditions; requiring training of travel retailer employees offering travel insurance; exempting travel insurance entity producers and travel retailers and employees from examination and continuing education requirements; requiring travel retailer employees offering travel insurance to provide certain information; providing for enforcement; and permitting Commissioner of Insurance to propose rules for legislative approval.
And,
Senate Bill No. 368, Relating to risk-based capital reporting for health organizations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 368 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §33-24-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-25-6 of said code; to amend and reenact §33-25A-24 of said code; to amend and reenact §33-25D-26 of said code; to amend and reenact §33-40-1, §33-40-2, §33-40-3, §33-40-6 and §33-40-7 of said code; and to amend said code by adding thereto a new article, designated §33-40A-1, §33-40A-2, §33-40A-3, §33-40A-4, §33-40A-5, §33-40A-6, §33-40A-7, §33-40A-8, §33-40A-9, §33-40A-10, §33-40A-11 and §33-40A-12, all relating to risk-based capital reporting for health organizations; making health organizations subject to statutory provisions concerning risk-based capital reporting; defining terms associated with risk-based capital reporting for health organizations; requiring domestic health organization to file risk-based capital report with Insurance Commissioner; requiring health organization to perform certain actions if risk-based capital report indicates a negative financial trend or hazardous financial condition; requiring Insurance Commissioner to conduct certain actions if risk-based capital report of a health organization indicates negative financial trend or hazardous financial condition; providing health organization right to confidential hearing; making risk-based capital reports and plans confidential and privileged; declaring that publishing or dissemination of a statement with regard to the risk-based capital levels would be misleading and is therefore prohibited; prohibiting use of risk-based capital reports in ratemaking of health organization; permitting Insurance Commissioner to share and receive certain information and materials and enter into sharing and use agreements; granting Insurance Commissioner authority to propose rules for legislative approval; requiring foreign health organization to file risk-based capital report with Insurance Commissioner; permitting Insurance Commissioner to exempt certain domestic health organizations from the application of the new article; and providing immunity to Insurance Commissioner or his or her employees or agents for actions taken with respect to their powers and duties.
With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
David Nohe,
Chair.
The bills (Com. Sub. for S. B. Nos. 365 and 368), under the original double committee references, were 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 Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 443--A Bill making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Division of Human Services, fund 5365, fiscal year 2015, organization 0511, by supplementing and amending the appropriation for the fiscal year ending June 30, 2015.
Referred to the Committee on Finance.
By Senators Karnes, Boley, Gaunch and Leonhardt:
Senate Bill No. 444--A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating generally to home schooling; clarifying that a student who is home schooled may not be classified as habitually absent; requiring parent of a child who is to be home schooled to notify a county superintendent of intent to home school, not the person providing the home schooling, along with an assurance that certain subjects will be taught; removing requirement that the person providing the home schooling instruction have a high school diploma; removing requirement that the person providing the home schooling instruction have an outline of a plan for the home schooling instruction for the ensuing year; permitting a parent to administer the required nationally normed standardized test; providing that a student has made acceptable academic progress if it is within or above the national average range or, if below that average, then the student must show improvement from the previous year; removing requirement that a certified teacher and the parent of a home-schooled child must mutually agree on an alternative academic assessment of proficiency; requiring home-schooled students who fail to make acceptable academic progress for two consecutive years be evaluated for learning disabilities; and requiring academic assessments be kept for three years.
Referred to the Committee on Education; and then to the Committee on the Judiciary.
By Senators M. Hall, Stollings, Boley, Boso, Snyder, Facemire and Plymale:
Senate Bill No. 445--A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931, as amended, relating to the use and investment of Regional Jail and Correctional Facility Authority funds.
Referred to the Committee on Finance.
By Senators Kessler, Beach and Stollings:
Senate Bill No. 446--A Bill to amend and reenact §29-22B-1101 of the Code of West Virginia, 1931, as amended, relating to increasing number of limited video lottery terminals allowed at a retail location.
Referred to the Committee on the Judiciary.
By Senators Karnes, Boley, Gaunch and Leonhardt:
Senate Bill No. 447--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-8-12, relating to allowing a person who administers a program of secondary education at a public, private or home school to issue a diploma or other appropriate credential to a person who has completed the program of secondary education.
Referred to the Committee on Education; and then to the Committee on the Judiciary.
By Senators Karnes, Boley, Gaunch, Leonhardt, Nohe and Boso:
Senate Bill No. 448--A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931, as amended, relating to making home-schooled students eligible for a PROMISE scholarship without taking the GED test; replacing grade point average with entrance examination score as an eligibility criterium for receiving the scholarship; and increasing amount of unpaid community service hours preferred for prospective candidates.
Referred to the Committee on Education.
By Senators Laird, Kirkendoll, Beach, Stollings, Yost, Romano, Williams, Miller, Kessler, Facemire and Snyder:
Senate Bill No. 449--A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended; to amend and reenact §31-20-27 of said code; and to amend and reenact §49-5E-5a of said code, all relating to salaries for Division of Corrections, Regional Jail Authority and Division of Juvenile Services employees; providing increase in annual salary of employees of Division of Corrections, Regional Jail Authority and Division of Juvenile Services; providing increase in starting salary of employees of Division of Corrections, Regional Jail Authority and Division of Juvenile Services; and providing for longevity pay increases for employees of Division of Corrections, Regional Jail Authority and Division of Juvenile Services.
Referred to the Committee on Finance.
By Senators Stollings, Facemire and Snyder:
Senate Bill No. 450--A Bill to amend and reenact §61-8B-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-8B-6, all relating to modifying essential elements of offense of sexual assault in third degree; creating offense of sexual assault in fourth degree; and establishing criminal penalties.
Referred to the Committee on the Judiciary.
By Senators Carmichael, Leonhardt, Kessler, Nohe, Blair, Romano, Boso and Karnes:
Senate Bill No. 451--A Bill to amend and reenact §15-1B-26 of the Code of West Virginia, 1931, as amended, relating to retaining current West Virginia National Guard firefighters; and allowing certain National Guard firefighters to become civilian firefighters with West Virginia Air National Guard.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senators M. Hall, Stollings and Boley:
Senate Bill No. 452--A Bill to amend and reenact §31-20-27 of the Code of West Virginia, 1931, as amended, relating to exempting all Regional Jail and Correctional Facility Authority employees from classified service; authorizing authority to set salaries; and authorizing employment of new employees who have successfully completed certain required examinations.
Referred to the Committee on the Judiciary.
By Senators Woelfel, Blair, Ferns, Gaunch, M. Hall, Leonhardt, Mullins, Nohe, Plymale, Prezioso, Snyder, Takubo, Trump, Walters, Williams and Karnes:
Senate Bill No. 453--A Bill to amend and reenact §17A-6A-1, §17A-6A-3, §17A-6A-4, §17A-6A-5, §17A-6A-6, §17A-6A-7, §17A-6A-8, §17A-6A-8a, §17A-6A-9, §17A-6A-10, §17A-6A-11, §17A-6A-12, §17A-6A-13, §17A-6A-15, §17A-6A-16, §17A-6A-17 and §17A-6A-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto six new sections, designated §17A-6A-12a, §17A-6A-12b, §17A-6A-14a, §17A-6A-19, §17A-6A-20 and §17A-6A-21, all relating to motor vehicle dealers, distributors, wholesalers and manufacturers.
Referred to the Committee on the Judiciary.
Senators Maynard, Plymale and Stollings offered the following resolution:
Senate Concurrent Resolution No. 23--Requesting the Division of Highways name bridge number 24-16-13.39 (3961) (37.30512, -81.67535), locally known as Big Creek Owl Bridge, carrying WV Route 16 over Dry Fork in McDowell County, West Virginia, the "U. S. Army SFC Anthony Barton Memorial Bridge".
Whereas, Anthony Barton was born in Bluefield, West Virginia, on April 25, 1980; and
Whereas, Anthony Barton graduated from Big Creek High School in War, West Virginia, where he was co-valedictorian of the class of 1998 and excelled in football and wrestling. He subsequently received an organizational leadership degree from Mountain State University; and
Whereas, SFC Anthony Barton served in the West Virginia Army National Guard from December 2001 until his death in 2012; and
Whereas, SFC Anthony Barton served fourteen months in Iraq with the West Virginia Army National Guard as a military police officer during Operation Iraqi Freedom; and
Whereas, SFC Anthony Barton was a highly decorated soldier who received numerous awards and medals for his service, including the Meritorious Service Medal (Posthumous), Army Commendation Medal with Oak Leaf Cluster, Army Achievement Medal, Army Reserve Component Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with M Device, NCO Professional Development Ribbon with Numeral 2, Army Service Ribbon, Combat Action Badge, Meritorious Unit Citation, Joint Meritorious Unit Award, West Virginia Emergency Service Ribbon with 2 Oak Leaf Clusters, West Virginia State Service Ribbon with 2 Oak Leaf Clusters, West Virginia Service Ribbon and Shoulder Sleeve Insignia for Wartime Service -- 101st Airborne and 15th MP Brigade; and
Whereas, SFC Anthony Barton also served the state's citizenry on many occasions as a member of the West Virginia National Guard when he assisted during severe flooding, major snowstorms and other state emergencies; and
Whereas, SFC Anthony Barton was a certified police officer who graduated from the West Virginia State Police Academy and he served as a McDowell County deputy sheriff and as a police officer with the Town of War while serving in the West Virginia National Guard; and
Whereas, SFC Anthony Barton also enjoyed riding his Harley and playing guitar, and he was actively involved in the New Testament Christian Church, where he played guitar; and
Whereas, SFC Anthony Barton suffered from post traumatic stress disorder (PTSD) resulting from the highly stressful conditions of his deployment in Iraq; and
Whereas, Sadly, SFC Anthony Barton lost his battle with PTSD on December 26, 2012; and
Whereas, SFC Anthony Barton is survived by his spouse, Jessica Barton; children, James Tanner Beckett and Jared Ray Barton; parents, Donald and Mary Barton; sister, Tara Adkins and her husband, Matthew; grandparents, Clinton and Delores Tyree; four nephews, Michael Anthony and Andrew Reid Adkins, Declan Patrick O'Neil and Bodhi Jasper Hines; and numerous aunts and uncles and other family and friends; and
Whereas, It is only fitting that we honor the life of SFC Anthony Barton by naming this bridge in his memory as a lasting tribute to his dedicated service and sacrifice on behalf of his country, state and community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 24-16-13.39 (3961) (37.30512, -81.67535), locally known as Big Creek Owl Bridge, carrying WV Route16 over Dry Fork in McDowell County, West Virginia, the "U. S. Army SFC Anthony Barton Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs at both ends of the bridge identifying the bridge as the "U. S. Army SFC Anthony Barton Memorial Bridge"; 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 to the family of SFC Anthony Barton.
Which, under the rules, lies over one day.
Senators Maynard, Plymale, Stollings and Leonhardt offered the following resolution:
Senate Concurrent Resolution No. 24--Requesting the Division of Highways name a portion of Route 16, beginning at mile post 28.03 and ending at milepost 16.06, in McDowell County the "U. S. Marine Corps LtCol Dennis Ray Blankenship Memorial Road".
Whereas, Dennis Blankenship was born on January 8, 1938, in Bartley, West Virginia, to Everett Blankenship and Oma Blankenship; and
Whereas, Dennis Blankenship graduated from Big Creek High School in 1956; and
Whereas, Dennis Blankenship first joined the U. S. Marine Corps on September 4, 1957, and was honorably released on September 3, 1960, as a Corporal. He rejoined the corps on August 29, 1961, and honorably retired on August 1, 1988, as a Lieutenant Colonel; and
Whereas, LtCol Blankenship was highly decorated during his years of service, including the Silver Star Medal; the Bronze Star Medals with Combat "V"; the Purple Heart Medal; the Defense Meritorious Service Medal with one Gold Star; the Meritorious Service Medal with one Gold Star; the Joint Service Commendation Medal with one Gold Star; the Navy Commendation Medal with one Combat "V" and one Star; the Army Commendation Medal; the Combat Action Ribbon with two Gold Stars; the Presidential Unit Citation; the Joint Meritorious Unit Award; the Navy Unit Commendation with two Stars; the Marine Corps Good Conduct Medal with one Star; the Marine Corps Expeditionary Medal; the National Defense Service Medal; the Armed Forces Expeditionary Medal; the Vietnam Service Medal with eight Stars; the Humanitarian Service Medal; the Service Deployment Ribbon with one Star; the RVN Mac Gallantry Cross Color with Palm and Frame; the RVN MUC Civil Actions Color with Palm and Frame; the RVN Cross of Gallantry with Bronze Star; the RVN Staff Honor Medal 1st Class; the RVN Campaign Medal with Device (60-); the Expert Rifle Qualification Badge 2nd Award; and the Expert Pistol Qualification Badge 5th Award; and
Whereas, LtCol Blankenship's Silver Star Citation reads: "Dennis Ray Blankenship/Home of record: Coalwood, West Virginia/Silver Star: Awarded for actions during the Vietnam War: The President of the United States of America takes pleasure in presenting the Silver Star to SSgt Dennis Ray Blankenship (MCSN: 1690600), United States Marine Corps, for conspicuous gallantry and intrepidity in action while serving with First, Force Reconnaissance Company in the Republic of Vietnam, on May 20,1966. During the insertion of SSgt Blankenship's reconnaissance platoon deep into enemy Viet Cong territory, they were immediately attacked as they debarked from the helicopter by an estimated ten to twenty Viet Cong, throwing hand grenades and firing automatic weapons. Although painfully wounded by the first grenade explosion, SSgt Blankenship reacted instantly, ordering his troops to return fire and directing their movements into a defensive perimeter, courageously exposing himself to ensure that all his men were accounted for and tactically deployed. Exhibiting daring and selfless disregard for his own safety, SSgt Blankenship marked the enemy positions with white phosphorous grenades and then directed the air strike by supporting aircraft. Displaying professional skill and heroic actions, SSgt Blankenship tightened his defensive perimeter, called for transport helicopters and marked his position. Still defending the landing zone, SSgt Blankenship supervised the loading of his entire platoon on the helicopters, himself being the last to load, and only after his platoon had safety departed the landing zone, did he allow his wounds to be treated. By his daring actions and loyal devotion to duty in the face of personal risk, SSgt Blankenship upheld the finest traditions of the United States Naval Services.
Action Date: May 20,1986/Service: Marine Corps/Rank: Staff Sergeant/Company: 1st Force Reconnaissance Company"; and
Whereas, LtCol Blankenship passed away on July 16, 2013, surrounded by his children and grandchildren; and
Whereas, It is fitting and proper that U. S. Marine Corps LtCol Dennis Ray Blankenship be remembered and acknowledged for his courageous action and 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 Route 16, beginning at mile post 28.03 and ending at milepost 16.06, in McDowell County the "U. S. Marine Corps LtCol Dennis Ray Blankenship Memorial Road"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs on both ends of the road identifying the road as the "U. S. Marine Corps LtCol Dennis Ray Blankenship 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. Marine Corps LtCol Dennis Ray Blankenship.
Which, under the rules, lies over one day.
Senators Trump, Laird, Plymale, Blair, Yost, Williams, Miller, Beach, Prezioso, Stollings, Kessler and Unger offered the following resolution:
Senate Resolution No. 25--Designating February 10, 2015, as "Corrections Day".
Whereas, The West Virginia Division of Corrections, the Regional Jail and Correctional Facility Authority and the Division of Juvenile Services are committed to enhancing public safety by providing safe, secure and humane facilities, operating an effective system of offender re-entry and community supervision, reducing offender recidivism and assisting victims of crime; and
Whereas, The Division of Corrections, the Regional Jail and Correctional Facility Authority and the Division of Juvenile Services are further committed to providing effective beneficial services that promote positive development and accountability while preserving community safety and sustaining a work environment predicated upon principles of professionalism, with dignity and respect for all; and
Whereas, It is the vision of the Division of Corrections, the Regional Jail and Correctional Facility Authority and the Division of Juvenile Services to be recognized as innovative leaders in providing quality correctional services; and
Whereas, The adult and juvenile correctional population continues to expand and it is important for agency representatives and policymakers to appreciate the nature and magnitude of the growth; and
Whereas, Previous information provided to this body should assist public officials and agency representatives in planning for the future and developing policies for the management of the West Virginia correctional population, both adult and juvenile, as well as providing adequate pay, benefits and a safe secure workplace for the employees in the correctional system; therefore, be it Resolved by the Senate:
That the Senate hereby designates February 10, 2015, as "Corrections Day"; and, be it
Further Resolved, That the Senate recognizes the exceptional service and commitment of the employees of the Division of Corrections, the Regional Jail and Correctional Facility Authority and the Division of Juvenile Services; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Corrections, the Director of the Regional Jail and Correctional Facility Authority and the Director of the Division of Juvenile Services.
At the request of Senator Trump, 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 Trump, Carmichael, Laird, Kessler, Palumbo, Plymale, Stollings, Walters, Yost, Prezioso, Williams, Miller and Unger offered the following resolution:
Senate Resolution No. 26--Designating February 10, 2015, as “Drug Court Day”.
Whereas, The Legislature recognizes the considerable contributions of drug courts to the State of West Virginia; and
Whereas, The first adult drug court was established in the Northern Panhandle in 2005 under the leadership of First Judicial Circuit Judge Martin Gaughan and then-First Circuit Chief Probation Officer Jim Lee. The late Second Judicial Circuit Judge John Madden served as drug court judge in Marshall County. Magistrates David Buzzard of Marshall County, Charles Murphy of Ohio County, William Hicks of Hancock County and the late Deborah Lunsford of Brooke County acted as drug court magistrates; and
Whereas, The first Juvenile Drug Court was established in 1999 in Cabell County, ran for six years and was reestablished in 2007 under the leadership of Sixth Circuit Family Court Judge Patricia A. Keller; and
Whereas, Supreme Court Justice Brent D. Benjamin has shown vision and leadership as he has promoted the statewide development of drug courts since his election in 2004 and especially during his years as Chief Justice in 2009 and 2013, attending graduation ceremonies at every drug court in West Virginia; and
Whereas, Governor Earl Ray Tomblin’s consistent, influential support of the expansion of drug courts throughout the state, first as Senate President and, subsequently, as Governor, has been a strategic part of the program’s success; and
Whereas, Rigorous evaluation and research has demonstrated that where adult drug courts are implemented consistent with models and procedures developed based on objective studies, they significantly reduce recidivism and substance abuse among high-risk substance abusing offenders; and
Whereas, Adult drug courts that are properly implemented increase the likelihood of successful rehabilitation while simultaneously reducing the cost to the public below the historic costs of addressing these problems in the criminal justice system; and
Whereas, The goal of juvenile drug courts is to intervene early in the life of a young person to prevent future involvement of that young person in the court system; and
Whereas, In 2009, the West Virginia Legislature passed the West Virginia Drug Offender Accountability and Treatment Act (W.Va. Code §62-15-1, et. seq.), which codified adult drug courts in West Virginia and which left the administration, control and responsibility for drug courts, mental health courts and other problem-solving courts within the purview of the Supreme Court of Appeals; and
Whereas, In 2011, the West Virginia Legislature passed the West Virginia Juvenile Drug Court Statute (W.Va. Code §49-5-2b), which codified juvenile drug courts in West Virginia and which left the establishment of procedures and forms and the appointment of juvenile drug court judges within the purview of the Supreme Court of Appeals; and
Whereas, In 2013, the West Virginia Legislature passed the Justice Reinvestment Act (W.Va. Code §62-15-4(a)), which requires all judicial circuits to participate in an adult drug court or regional adult drug court program by July 1, 2016; and
Whereas, There are currently 24 adult drug court programs serving 40 counties and 16 juvenile drug court programs serving 20 counties; and
Whereas, There are expected to be 1,000 drug court graduates by the end of 2015; therefore, be it
Resolved by the Senate:
That the Senate hereby February 10, 2015, as “Drug Court Day”; and, be it
Further Resolved, That adult and juvenile drug courts save lives, restore families and are a prudent use of state resources; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Governor, the Chief Justice of the Supreme Court of Appeals and the Administrative Director of the Courts of West Virginia.
At the request of Senator Trump, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Carmichael, and by unanimous consent, the remarks by Senator Kessler regarding the adoption of Senate Resolution No. 26 were ordered printed in the Appendix to the Journal.
On motion of Senator Carmichael, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 37, Creating Revised Uniform Arbitration Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
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. 37) passed with its title.
Senator Carmichael moved that the bill take effect July 1, 2015.
On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
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. 37) takes effect July 1, 2015.
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. 255, Eliminating certain boards, councils, committees, panels, task forces and commissions.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
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. 255) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 262, Transferring CHIP and Children's Health Insurance Agency from Department of Administration to DHHR.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 262) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 267, Repealing code relating to Governor's Office of Health Enhancement and Lifestyle Planning.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 267) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 295, Establishing appeal process for DHHR Board of Review and Bureau for Medical Services decisions.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 295) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 357, Creating Coal Jobs and Safety Act of 2015.
On third reading, coming up in regular order, with the right having been granted on yesterday, Monday, February 9, 2015, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Beach, the following amendment to the bill was reported by the Clerk:
On pages sixty-eight through seventy-two, section six, by striking out all of section six.
Following discussion,
The question being on the adoption of Senator Beach’s amendment to the bill (Com. Sub. for S. B. No. 357), the same was put.
The result of the voice vote being inconclusive, Senator Kessler demanded a division of the vote.
A standing vote being taken, there were fifteen “yeas” and nineteen “nays”.
Whereupon, Senator Cole (Mr. President) declared Senator Beach’s amendment to the bill rejected.
Thereafter, at the request of Senator Miller, and by unanimous consent, the remarks by Senator Beach regarding the adoption of Senator Beach’s amendment to Committee Substitute for Senate Bill No. 357 were ordered printed in the Appendix to the Journal.
On motion of Senator Palumbo, the following amendment to the bill was next reported by the Clerk and adopted:
On page fifty, section twenty-two-a, line seventy-one, by striking out the words “, with the written approval of the Attorney General,”.
On motions of Senators Trump and Romano, the following amendment to the bill (Com. Sub. for S. B. No. 357) was next reported by the Clerk and adopted:
On page seventy-four, section thirty-seven, line sixteen, after the word “vehicle” by inserting the words “capable of transporting an injured worker”.
The bill, as just amended, was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 357 was then read a third time and put upon its passage.
Pending extended discussion,
The question being “Shall Engrossed Committee Substitute for Senate Bill No. 357 pass?”
On the passage of the bill, the yeas were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--26.
The nays were: Beach, Facemire, Kessler, Prezioso, Romano, Snyder, 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. 357) 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 Walters, and by unanimous consent, the remarks by Senators Gaunch and D. Hall regarding the passage of Engrossed Committee Substitute for Senate Bill No. 357 were ordered printed in the Appendix to the Journal.
At the request of Senator Nohe, unanimous consent being granted, the remarks by Senators Kirkendoll and Trump regarding the passage of Engrossed Committee Substitute for Senate Bill No. 357 were ordered printed in the Appendix to the Journal.
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.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
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 H. B. No. 2025) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2025--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-29, relating to creating the offense of criminal loitering by persons on supervised release; prohibiting loitering by such persons within one thousand feet of a victim’s home, schools and facilities providing care and entertainment for children; defining terms; and establishing penalties.
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. 19, Specifying minimum early childhood education program instruction days.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Sypolt, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Com. Sub. for Com. Sub. for Senate Bill No. 60, Requiring food handler examinations and cards.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 238, Exempting county boards of education from liability arising from unorganized recreation.
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. 242, Creating criminal penalties for certain automated telephone calls during state of emergency or preparedness.
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. 361, Eliminating prevailing hourly wage requirement for construction of public improvements.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Carmichael, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. House Bill No. 2138, Adding aircraft operations on private airstrips and farms to the definition of recreational purpose.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2227, Relating to the National Coal Heritage Area Authority.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 243, Relating to school nutrition standards during state of emergency or preparedness.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 430, Permitting mutual orders enjoining certain contact between parties to domestic relations actions.
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 Senators Walters, Laird, Snyder, Kessler and Blair.
Thereafter, at the request of Senator Maynard, and by unanimous consent, the remarks by Senator Walters were ordered printed in the Appendix to the Journal.
At the request of Senator Snyder, unanimous consent being granted, the remarks by Senator Laird were ordered printed in the Appendix to the Journal.
At the request of Senator Unger, and by unanimous consent, the remarks by Senator Kessler were ordered printed in the Appendix to the Journal.
At the request of Senator Kessler, unanimous consent being granted, the Senate stood in observance of a moment of silence in recognition of the passing of Garry Rose, a McMechen volunteer firefighter.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Carmichael, the Senate adjourned until tomorrow, Wednesday, February 11, 2015, at 11 a.m.
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