WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
TWENTY-NINTH DAY
____________
Charleston, W. Va., Wednesday, February 11, 2015
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by Bishop Joe Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Jeffrey V. Kessler, a senator from the second district.
Pending the reading of the Journal of Tuesday, February 10, 2015,
On motion of Senator Nohe, 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 concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2002, Predicating actions for damages upon principles of comparative fault.
On motion of Senator Carmichael, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.
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 and request concurrence therein.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2015, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2005--A Bill to amend and reenact §18A-3-1, §18A-3-1a, §18A-3-1b and §18A-3-2a of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto seven new sections, designated §18A-3-1c, §18A-3-1d, §18A-3-1e, §18A-3-1f, §18A-3-1g, §18A-3-1h and §18A-3-1i, all relating to revising, reorganizing and clarifying provisions regarding teacher certifications, including standard certifications, alternative certifications and certifications for out-of-state teachers; expanding criteria upon which a teacher’s certificate may be awarded to a teacher from another state; defining terms relating to alternative programs for the education of teachers; authorizing certain partnerships to provide alternative certification programs; modifying entities eligible to deliver alternative programs; specifying permissible partners; requiring partnership agreements and specifying necessary contents; requiring posting of vacancies; limiting circumstance where partnership may enroll alternative program candidate; requiring or authorizing approval by state board of education under certain circumstances; modifying and specifying criteria and components required for alternative certification program delivery; specifying certain required components of alternative certification program; specifying eligibility criteria for alternative certification program teacher candidate; providing for professional support team to participate in alternative program delivery and specifying responsibilities; modifying the charges which may be imposed for alternative program participation or delivery; specifying required and prohibited acts by certain entities; requiring continued contract renewal of participating program teacher and continued delivery of alternative certification program under certain circumstances and providing exception; providing for evaluation of and recommendation regarding award of professional teaching certificate for alternative program teacher; authorizing appeal of recommendation under certain circumstances; expanding program fields and conditions in which an alternative program teacher may be employed; removing preference among certain applicants when considering applicants for alternative teacher programs; modifying provisions for alternative program teacher to attain professional teaching certificate; expanding institutions from which professional teaching certificate candidates may have graduated; providing guidelines for alternative programs for certain highly qualified special education teachers; providing for certification under certain circumstances of teachers educated or certified in other states; expanding criteria upon which a teacher’s certificate may be awarded to teachers; removing references to internship programs; and requiring legislative rule promulgation by state board.
Referred to the Committee on Education; and then to the Committee on Finance.
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. 2011--A Bill to amend and reenact §23-4-2 of the Code of West Virginia, 1931, as amended, generally relating to a workplace employee injury caused by the deliberate intention of the employer required for the employer to lose immunity from a lawsuit; defining actual knowledge; providing that actual knowledge must be specifically proven by direct evidence and cannot be established by inference, constructive knowledge or proof of what should have been known; establishing that proof of actual knowledge of prior accidents, near misses, safety complaints or citations must be proven by direct evidence and cannot be established by inference or circumstantial evidence; providing that proof of failure to inspect for safety violations must be specifically related the cause of the worker’s injury or death; defining a commonly accepted and well-known safety standard within the industry or business of the employer; requiring that if the unsafe working condition relates to a violation of a state or federal safety provision that safety provision must address the specific work, working conditions and hazards involved; defining serious compensable injury; and, providing for consideration of bifurcation of discovery in certain circumstances.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 2217, Relating to qualifications of the Commissioner of Labor.
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. 2223--A Bill to amend and reenact §31-17-1 and §31-17-8 of the Code of West Virginia, 1931, as amended, all relating to mortgage loans subject to the West Virginia Residential Mortgage Lender, Broker and Servicer Act; including certain consumer credit sales in the definitions of "primary mortgage loan" and "subordinate mortgage loan"; defining “consumer credit sale”; and providing an exception to certain provisions of the Act for certain loan modifications or refinancing loans.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
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. 2224--A Bill to amend and reenact §15-1F-7 of the Code of West Virginia, 1931, as amended, relating to unlawful military organizations; and providing that historical reenactors are not violating the provision prohibiting unlawful military organizations.
Referred to the Committee on Military; and then 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. House Bill No. 2576--A Bill to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twelve new sections, designated §5F-2-1a, §5F-2-1b, §5F-2-1c, §5F-2-1d, §5F-2-1e, §5F-2-1f, §5F-2-1g, §5F-2-1h, §5F-2-1i, §5F-2-1j, §5F-2-1k and §5F-2-1l, all relating to the reorganization of certain code provisions that organize the executive branch of state government.
Referred to the Committee on Government Organization.
The Senate proceeded to the fourth order of business.
Senator Walters, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 123, Exempting motor fuel sales from unfair trade practices.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 123 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §47-11A-8 of the Code of West Virginia, 1931, as amended, relating to unfair trade practices; and adding gasoline, diesel fuel and blended fuel to the list of products exempted from unfair trade practices.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Chris Walters,
Chair.
The bill (Com. Sub. for S. B. No. 123), 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 Nos. 141, 142, 143, 144, 145, 183, 193 and 223, Authorizing Department of Administration promulgate legislative rule relating to Purchasing Division.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 142 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to promulgation of administrative rules by Department of Administration; legislative mandate or authorization for promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing Department of Administration to promulgate a legislative rule relating to Purchasing Division; authorizing Department of Administration to promulgate a legislative rule relating to state-owned vehicles; authorizing Department of Administration to promulgate a legislative rule relating to the state plan for the operation of the West Virginia State Agency for Surplus Property; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to refund, reinstatement, retroactive service, loan and employer error interest factors; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to Deputy Sheriffs Retirement System; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to service credit for accrued and unused sick and annual leave; and authorizing Office of Technology to promulgate a legislative rule relating to the procedures for sanitization, retirement and disposition of information technology equipment.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
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. 147, Authorizing DNR promulgate legislative rule relating to hunting, trapping and fishing license and stamp fees.
With an amendment from the Committee on Natural Resources pending;
And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Mike Hall,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Natural Resources pending.
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. 219, Authorizing Agriculture Commissioner promulgate legislative rule relating to Rural Rehabilitation Loan Program.
And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Mike Hall,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary.
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. 339, Reducing additional severance tax on coal.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 339 (originating in the Committee on Energy, Industry and Mining)--A Bill to repeal §11-13V-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §23-2D-5 of said code; and to amend and reenact §29-22A-10 and §29-22A-10b of said code, all relating to sources of funding for Workers’ Compensation Debt Reduction Fund.
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,
Jeff Mullins,
Chair.
The bill (Com. Sub. for S. B. No. 339), 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. 348, Creating pilot program for drug screening of cash assistance applicants.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 348 (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 §9-3-6, relating to creation of a pilot program by Secretary of Department of Health and Human Resources to provide drug screening of applicants for cash assistance for whom they have a reasonable suspicion of drug abuse.
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. 348), under the original double committee reference, was then referred to the Committee on Finance.
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. 378, Relicensing electricians without retesting under certain circumstances.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 378 (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 §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 earlier license was not revoked and renewal fee is paid for each year lapsed.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Craig Blair,
Chair.
Senator Walters, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 379, Creating State Infrastructure Bank Program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 379 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-17B-1, §17-17B-2, §17-17B-3, §17-17B-4 and §17-17B-5, all relating to authorizing West Virginia Division of Highways to enter into cooperative agreements with United States Secretary of Transportation to establish infrastructure revolving funds; creating State Infrastructure Fund Program; creating State Infrastructure Fund; and permitting Commissioner of the Division of Highways to propose rules for legislative approval.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Chris Walters,
Chair.
The bill (Com. Sub. for S. B. No. 379), 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. 386, Excluding mobile x-ray services from health care provider tax.
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.
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 Prezioso, Beach, D. Hall, Kessler, Leonhardt, Plymale, Walters, Woelfel, Facemire and Stollings:
Senate Bill No. 454--A Bill to amend and reenact §47-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §47-2-14a, §47-2-14b, §47-2-14c and §47-2-14d, all relating to trademark counterfeiting and forfeiture; creating crime of trademark counterfeiting; and providing penalties.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Carmichael, D. Hall, Kessler, Leonhardt, Plymale, Walters, Williams, Palumbo and Stollings:
Senate Bill No. 455--A Bill to amend and reenact §12-3A-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-5-4, §18B-5-6 and §18B-5-7 of said code; and to amend said code by adding thereto a new section, designated §18B-5-4a, all relating to public higher education procurement and payment generally; receipting of electronic commerce purchases; purchase or acquisition of materials, supplies, equipment, services and printing at institutions of higher education; construction projects at Marshall University and West Virginia University; design-build procurement at institutions of higher education; and disposition of obsolete and unusable equipment, surplus supplies and other needed materials at institutions of higher education.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Takubo, Gaunch and Stollings:
Senate Bill No. 456--A Bill to amend and reenact §55-7B-6 of the Code of West Virginia, 1931, as amended, relating to medical professional liability; allowing admissibility of letters of merit in actions against health care providers; and allowing testimony of a health care provider at trial or during a deposition upon issuing a letter of merit.
Referred to the Committee on the Judiciary.
By Senators Plymale, Walters and Nohe:
Senate Bill No. 457--A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931, as amended, relating to selection of athletic coaches or other extracurricular activities coaches in West Virginia public schools.
Referred to the Committee on Education.
By Senators Stollings and Kessler:
Senate Bill No. 458--A Bill to amend and reenact §60A-2-210 and §60A-2-212 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60A-10-2, §60A-10-4 and §60A-10-7 of said code, all relating to controlling methamphetamine; requiring prescription to dispense drug products that contain active ingredient ephedrine, pseudoephedrine, phenylpropanolamine and other precursors of methamphetamine; moving certain drug products from Schedule V to Schedule IV; providing exception for drug products that cannot be feasibly converted into methamphetamine; defining terms; prohibiting pharmacies from selling certain drugs that can be used in production of methamphetamine without a prescription; creating criminal offense for possession of certain substances without a prescription with intent to transfer to another to make methamphetamine; removing outdated language; providing criminal penalties; and providing rule-making authority.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
Senators Prezioso, D. Hall, Plymale, Williams and Stollings offered the following resolution:
Senate Concurrent Resolution No. 25--Requesting the Division of Highways name bridge number 17-79-117.174, (17A257, 17A258), latitude 39.25769, longitude -80.28684), on Interstate 79, in Anmoore, Harrison County, heading south the "U. S. Army PFC Nick A. Cavallaro Memorial Bridge" and heading north the "U. S. Army SSG Benjamin T. Portaro Memorial Bridge".
Whereas, Nick Cavallaro was born in Caulonia, Reggio Calabria, Italy, October 28, 1920, and came to the United States in August, 1922, with his brother Celestino (Charley) and mother Maria Rosa Strangio Cavallaro and settled in Anmoore, West Virginia; and
Whereas, Benjamin Portaro (Nick Cavallaro’s cousin) was born in Caulonia, Reggio Calabria, Italy, March 8, 1921, and immigrated to Anmoore, West Virginia, with his family; and
Whereas, When World War II broke out, Nick Cavallaro and Benjamin Portaro both enlisted in the United States Army; and
Whereas, Nick Cavallaro participated in battles in North Africa and Sicily, Italy, and was one of the thousands of paratroopers dropped behind German lines the night before the invasion of Normandy, France; and
Whereas, Nick Cavallaro was scheduled to come home on leave when the Battle of the Bulge occurred and his leave was canceled; and
Whereas, Sadly, Nick Cavallaro lost his life in the battle at Fosse, Belgium, on January 3, 1945, leaving behind his mother, brother, sister Louise and a host of other family and friends; and
Whereas, Nick Cavallaro was awarded two Purple Heart Medals, the Bronze Star Medal and the Combat Infantryman Badge, as well as various medals by the French and Belgian governments; and
Whereas, Benjamin Portaro was a staff sergeant when he was discharged, having fought in two battles in France before fighting at the Battle of the Bulge in Belgium, where he was captured by German forces and eventually escaped; and
Whereas, Benjamin Portaro was awarded the Bronze Star Medal, Purple Heart Medal, POW Medal, Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, World War II Victory Medal, Combat Infantryman Badge 1st Award, Honorable Service Lapel Button WWII and the Marksman Badge with Rifle Bar; and
Whereas, Nick Cavallaro and Benjamin Portaro were Italian immigrants, cousins and citizens of Anmoore, West Virginia, and fought for their adopted country, the United States of America; and
Whereas, It is fitting to recognize the service and sacrifice of cousins Nick Cavallaro and Benjamin Portaro by naming this bridge in their honor as an everlasting tribute to their memory; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 17-79-117.174, (17A257, 17A258), latitude 39.25769, longitude -80.28684), on Interstate 79, in Anmoore, Harrison County, heading south the "U. S. Army PFC Nick A. Cavallaro Memorial Bridge" and heading north the "U. S. Army SSG Benjamin T. Portaro Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge heading south as the "U. S. Army PFC Nick A. Cavallaro Memorial Bridge" and heading north the "U. S. Army SSG Benjamin T. Portaro 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.
Which, under the rules, lies over one day.
Senator Stollings offered the following resolution:
Senate Concurrent Resolution No. 26--Requesting the Division of Highways name bridge number 3-17-8.80, (3A087) (+38.05862, -81.82542) locally known as the Low Gap Bridge, crossing the Spruce Fork of the Little Coal River on Route 17 in Low Gap, Boone County, the "USMC PFC Marshall Lee King Memorial Bridge".
Whereas, PFC King was born on July 5, 1924, in Coalwood, McDowell County, and grew up in Low Gap, Boone County. He served in the U. S. Marine Corps and was killed in action on May 19, 1945, on the Ryukyu Islands of Okinawa. He was awarded the Purple Heart, the Asiatic-Pacific Campaign Medal and World War II Victory Medal; and
Whereas, It is fitting and proper that PFC King 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 bridge number 3-17-8.80, (3A087) (+38.05862, -81.82542) locally known as the Low Gap Bridge, crossing the Spruce Fork of the Little Coal River on Route 17 in Low Gap, Boone County, the "USMC PFC Marshall Lee King Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have and be placed signs at both ends of the bridge identifying it as the "USMC PFC Marshall Lee King 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 surviving family of PFC Marshall Lee King.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 23, Requesting DOH name bridge in McDowell County "U. S. Army SFC Anthony Barton 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. 24, Requesting DOH name portion of Rt. 16 in McDowell County "U. S. Marine Corps LtCol Dennis Ray Blankenship Memorial Road".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 60, Requiring food handler examinations and cards.
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 Com. Sub. for S. B. No. 60) 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. 238, Exempting county boards of education from liability arising from unorganized recreation.
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. 238) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Senate Bill No. 238--A Bill to amend and reenact §18-5-19 and §18-5-19d of the Code of West Virginia, 1931, as amended, all relating to limiting the liability of county boards of education for loss or injury from the use of school property made available for unorganized recreation.
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. 242, Creating criminal penalties for certain automated telephone calls during state of emergency or preparedness.
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. 242) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2138, Adding aircraft operations on private airstrips and farms to the definition of recreational purpose.
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. H. B. No. 2138) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 2227, Relating to the National Coal Heritage Area Authority.
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. 2227) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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 read a second time.
On motion of Senator Sypolt, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page five, section forty-four, line sixty-six, by striking out the word “five” and inserting in lieu thereof the word “two”;
On page six, section forty-four, line seventy-eight, by striking out the word “five” and inserting in lieu thereof the word “two”;
And,
On page six, section forty-four, line seventy-nine, by striking out the word “forty-eight” and inserting in lieu thereof the word “forty-six”.
The bill (Com. Sub. for S. B. No. 19), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 243, Relating to school nutrition standards 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 read a second time.
At the request of Senator Carmichael, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Com. Sub. for Senate Bill No. 430, Permitting mutual orders enjoining certain contact between parties to domestic relations actions.
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 four, section two-a, line fourteen, after the word “section” by inserting a comma and the words “which shall be supported by a finding by the court that neither party to the action is currently engaging in behavior constituting domestic violence,”
The bill (Com. Sub. for S. B. No. 430), as amended, was then ordered to engrossment and 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:
Senate Bill No. 298, Clarifying funds within Public Employees Retirement Fund.
Senate Bill No. 299, Clarifying start date of State Police duty-related disability payments.
Senate Bill No. 302, Relating to state retirement plans.
Com. Sub. for Senate Bill No. 315, Relating to civil actions filed under Consumer Protection Act.
Eng. House Bill No. 2200, Revising, rearranging, consolidating and recodifying the laws of the State of West Virginia relating to child welfare.
And,
Eng. House Bill No. 2201, Requiring the Public Service Commission to adopt certain net metering and interconnection rules and standards.
The Senate proceeded to the twelfth order of business.
Remarks were made Senators Woelfel and Laird.
Thereafter, at the request of Senator Miller, and by unanimous consent, the remarks by Senators Woelfel and Laird were ordered printed in the Appendix to the Journal.
At the request of Senator Woelfel, unanimous consent being granted, the Senate stood in observance of a moment of silence in recognition of the passing of Kayla Mueller, a United States aid worker killed while being held captive by ISIS.
Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
On motion of Senator Carmichael, the Senate adjourned until tomorrow, Thursday, February 12, 2015, at 11 a.m.
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