WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
THIRTY-FIRST DAY
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Charleston, W. Va., Friday, February 13, 2015
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by Dr. William McCoy, First Presbyterian Church, Charleston, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Roman W. Prezioso, Jr., a senator from the thirteenth district.
Pending the reading of the Journal of Thursday, February 12, 2015,
On motion of Senator Boley, 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 amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 237, Creating Captive Cervid Farming Act.
On motion of Senator Carmichael, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page six, section three, after line twenty-three, by adding the following:
(7) Regulate the movement of captive cervids and require the documentation of the origin and destination of all shipments of captive cervids; and
(8) Prohibit captive cervid facilities in this state from receiving live captive cervids or any biproduct thereof, or captive cervid genetic materials from a captive cervid facility that has had a confirmed chronic wasting disease or tuberculosis positive cervid in the last sixty months.;
On page eight, section four, line twenty-one, by striking out the word “biennial” and inserting in lieu thereof the word “annual”;
On page eight, section four, line twenty-five, by striking out “$750” and inserting in lieu thereof “$375”;
On page eight, section four, line twenty-nine, by striking out “$1500” and inserting in lieu thereof “$750”;
And,
On page eleven, section six, line thirteen, by striking out the word “two” and inserting in lieu thereof the word “one”.
On motion of Senator Carmichael, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 237, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Yost and Cole (Mr. President)--29.
The nays were: Prezioso and Unger--2.
Absent: Boso, Nohe and Woelfel--3.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 237) passed with its title.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Yost and Cole (Mr. President)--29.
The nays were: Prezioso and Unger--2.
Absent: Boso, Nohe and Woelfel--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. 237) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced that that body had agreed to 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 House Bill No. 2002, Predicating actions for damages upon principles of comparative fault.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Shott, McCuskey and Lynch.
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. 2274--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §25-1-5a, relating to authorizing the Commissioner of Corrections to enter into mutual aid agreements.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
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. 256, Increasing number of student unexcused absences before taking action against parent.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 256 (originating in the Committee on Education)--A Bill to amend and reenact §18-8-4 of the Code of West Virginia, 1931, as amended, relating to defining excused and unexcused absences; providing notice of student’s three unexcused absences be given to parent, guardian or custodian; providing parent, guardian or custodian have mandatory conference with principal or other designated school representative when student has six unexcused absences; and increasing number of unexcused absences by student before complaint must be made against parent, guardian or custodian of student.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Dave Sypolt,
Chair.
The bill (Com. Sub. for S. B. No. 256), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 266, Eliminating sales tax exemption on certain highway construction and maintenance materials.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Mike Hall,
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
Com. Sub. for Senate Bill No. 277 (originating in the Committee on Health and Human Resources), Requiring issuance of certificate of birth resulting in stillbirth.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 277 (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 §16-5-21a, relating to creating “Noah’s Law”; defining terms; providing for a certificate of birth for a stillborn child; allowing only the mother to request a certificate in certain circumstances; allowing State Registrar to charge a fee for a certificate; specifying the contents of a certificate; and effect of the certificate.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
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. 286, Relating to compulsory immunizations of students; exemptions.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 286 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §16-3-4 and §16-3-5 of the Code of West Virginia, 1931, as amended, all relating generally to mandatory immunizations; setting forth immunization dosage levels; adding required immunizations; providing medical and religious exemptions from mandatory immunizations for school children; requiring parents and guardians to assert their beliefs in affidavit; providing that affidavit be provided before exemption applies; allowing removal of students who are not immunized from school in times of emergency or epidemic; granting legislative rule-making authority to the Secretary of the Department of Health and Human Resources to add or delete diseases for which vaccines are required for school attendance, to develop necessary forms and to create process for reviewing any verification of affidavits for completeness; nullifying an interpretive rule and any action taken pursuant to the interpretive rule; modifying the Immunization Advisory Committee; and establishing a chair of the committee.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ryan J. Ferns,
Chair.
At the request of Senator Trump, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from 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. 421, Relating to punitive damages in civil actions.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 421 (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 §55-7-27, relating generally to treatment of punitive damages; providing for limitations on punitive damages; providing for when punitive damages may be awarded; providing for a bifurcated trial, upon request, for civil actions involving punitive damages; providing that one third of all punitive damages awards in excess of $500,000 made in the state be tendered to the State Treasurer; providing that those remittances, less a percentage to the circuit clerk for processing, be deposited into the Revenue Shortfall Reserve Fund; and providing that those funds be administered according to section twenty, article two, chapter eleven-b of this code.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2004, Providing a procedure for the development of a state plan under section 111(d) of the Clean Air Act.
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.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senators Gaunch, D. Hall, Karnes, Maynard, Plymale, Sypolt, Walters, Woelfel and Snyder:
Senate Bill No. 480--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting from personal income tax $20,000 received by retired state employees from the Public Employees Retirement System and by retired teachers from Teachers Retirement System.
Referred to the Committee on Finance.
By Senators Gaunch, D. Hall, Karnes, Maynard, Plymale, Sypolt and Woelfel:
Senate Bill No. 481--A Bill to amend and reenact §8-22-22 and §8-22-22a of the Code of West Virginia, 1931, as amended, all relating to delegating investment authority and diversification of investments of municipal policemen's and firemen's pension and relief funds.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Carmichael, Blair, D. Hall and Kirkendoll:
Senate Bill No. 482--A Bill to amend and reenact §22-5-11 of the Code of West Virginia, 1931, as amended, relating to setting time periods for permit completion determinations and permit issuance; establishing method of setting permit limits for certain oil and gas operations; and requiring the Secretary of the Department of Environmental Protection to propose rules relating to the calculation of potential to emit; and issuance of general permits.
Referred to the Committee on the Judiciary.
By Senators Gaunch, D. Hall, Karnes, Maynard, Plymale, Sypolt and Woelfel:
Senate Bill No. 483--A Bill to amend and reenact §8-22-18 of the Code of West Virginia, 1931, as amended, relating to boards of trustees of certain municipal policemen's pension and relief funds and certain municipal firemen's pension and relief funds.
Referred to the Committee on Pensions.
By Senator Carmichael:
Senate Bill No. 484--A Bill to amend and reenact §6-6-7 of the Code of West Virginia, 1931, as amended, relating to altering ways to remove public officials.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Carmichael and Boso:
Senate Bill No. 485--A Bill to amend and reenact §7-7-4 of the Code of West Virginia, 1931, as amended, relating to providing county commissioners an ongoing mechanism to consider compensation increases for elected officials every two years.
Referred to the Committee on Government Organization.
By Senators Leonhardt, Boso, D. Hall, Karnes, Maynard, Mullins, Nohe, Romano and Walters:
Senate Bill No. 486--A Bill to amend and reenact §17A-3-23 of the Code of West Virginia, 1931, as amended, relating to removing requirement for vehicles operated by West Virginia Wing of the Civil Air Patrol to display front license plates with white lettering on a green background bearing the words "West Virginia" one line and the words "State Car" another line.
Referred to the Committee on Transportation and Infrastructure.
By Senators D. Hall, Blair, Boley, Boso, Carmichael, Gaunch, M. Hall, Karnes, Kirkendoll, Leonhardt, Mullins, Nohe, Prezioso, Sypolt, Takubo and Trump:
Senate Bill No. 487--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-11C-1, §5-11C-2, §5-11C-3, §5-11C-4, §5-11C-5, §5-11C-6 and §5-11C-7, all relating to establishing the West Virginia Freedom of Conscience Protection Act ensuring that, in all cases where state action burdens the exercise of religion, strict scrutiny is applied; providing a claim or defense to a person or persons whose exercise of religion is burdened by state action; short title; definitions; applicability; construction; remedies; effective date; and severability.
Referred to the Committee on the Judiciary.
By Senators Williams, Prezioso and Stollings:
Senate Bill No. 488--A Bill to repeal §31-15C-11 and §31-15C-14 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31-15C-2, §31-15C-3, §31-15C-4, §31-15C-5 and §31-15C-9 of said code, all relating to modifying Broadband Deployment Council.
Referred to the Committee on Government Organization.
By Senator Carmichael:
Senate Bill No. 489--A Bill to amend and reenact §55-2-6a of the Code of West Virginia, 1931, as amended, relating to imposing a statute of limitations for bringing a civil action derived from actual surveying of real property more than ten years after performance or furnishing of services.
Referred to the Committee on the Judiciary.
By Senators Mullins, Gaunch, D. Hall, M. Hall, Kessler, Kirkendoll, Leonhardt, Prezioso, Stollings, Williams and Plymale:
Senate Bill No. 490--A Bill to amend and reenact §61-3-29 of the Code of West Virginia, 1931, as amended, relating to prohibiting damage to property of railroads, public utilities and certain production storage and distribution facilities; adding waste management facilities, storage facilities and timber operations to protected parties; prohibiting destruction, damage or removal of property resulting in impairment to normal, safe operation of those facilities; and providing criminal penalties.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
Senator Carmichael offered the following resolution:
Senate Concurrent Resolution No. 28--Requesting the Joint Committee on Government and Finance study the magistrate court cost collection process and make recommendations to improve same.
Whereas, Various state agencies and counties rely on the receipt of funds generated by magistrate court costs; and
Whereas, The failure to collect magistrate court costs and fees has a negative effect, particularly on the bond repayment for the Regional Jail and Correctional Facility Authority; and
Whereas, Methods of enforcing collection of delinquent costs owed to the magistrate court funds have improved; and
Whereas, It would be beneficial to West Virginia, the Regional Jail and Correctional Facility Authority and the various county governments if the collection of delinquent magistrate court costs were improved; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the magistrate court cost collection process and make recommendations to improve same; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, on its findings, conclusions and recommendations, together with drafts of any rules or legislation necessary to effectuate its recommendations, including drafts of naming criteria; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Williams, Prezioso, Beach, Sypolt, Kessler, Leonhardt, Plymale, D. Hall, Unger, Nohe, Stollings, Snyder, Yost and Laird offered the following resolution:
Senate Resolution No. 29--Designating February 13, 2015, as West Virginia University and West Virginia University Extension Service Day and recognizing the contributions that West Virginia University, West Virginia University Extension Service and its 4-H Youth Development program make to the State of West Virginia.
Whereas, West Virginia University is the state’s first and largest land-grant university, which is dedicated to serving the citizens of West Virginia; and
Whereas, In 1915, the world’s first 4-H camp, “Camp Good Luck”, was held in Randolph County and later evolved to include county, state, national and international camping opportunities for youth across the globe; and
Whereas, West Virginia University Extension Service’s 4-H Youth Development program, the state’s largest youth organization, now gives more than eighty thousand West Virginia youth the opportunity to expand their horizons through hands-on educational activities and allows them to acquire new skills through innovative technology; and
Whereas, The West Virginia University Extension Service, the primary outreach arm of West Virginia University, is the “front porch” of West Virginia University with an office in each of the state’s 55 counties and has been providing trusted traditions and progressive solutions for the State of West Virginia for more than one hundred years; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 13, 2015, as West Virginia University and West Virginia University Extension Service Day and recognizes the contributions that West Virginia University, West Virginia University Extension Service and its 4-H Youth Development program make to the State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the President of West Virginia University, E. Gordon Gee, and to the West Virginia University Extension Service.
At the request of Senator Williams, 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. 10, Designating September each year as US Constitution Month.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 27, Requesting DOH name portion of WV Rt. 152 in Wayne County "Wayne County Veterans Memorial Highway".
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. Senate Bill No. 298, Clarifying funds within Public Employees Retirement Fund.
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, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Yost and Cole (Mr. President)--31.
The nays were: None.
Absent: Boso, Nohe and Woelfel--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. 298) 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. 299, Clarifying start date of State Police duty-related disability payments.
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, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Yost and Cole (Mr. President)--31.
The nays were: None.
Absent: Boso, Nohe and Woelfel--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. 299) 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. 299--A Bill to amend and reenact §15-2A-9 and §15-2A-10 of the Code of West Virginia, 1931, as amended, all relating to duty-related and nonduty-related disability retirement in the West Virginia State Police Retirement System; and specifying that disability disbursements begin the first day of the month following approval by the Consolidated Public Retirement Board and the member’s termination of employment or as ordered by a court of competent jurisdiction.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 302, Relating to state retirement plans.
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, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Yost and Cole (Mr. President)--31.
The nays were: None.
Absent: Boso, Nohe and Woelfel--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. 302) 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. 315, Relating to civil actions filed under Consumer Protection Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Following discussion,
The question being “Shall Engrossed Committee Substitute for Senate Bill No. 315 pass?”
On the passage of the bill, the yeas were: Blair, Boley, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Palumbo, Plymale, Prezioso, Sypolt, Takubo, Trump, Walters, Williams and Cole (Mr. President)--20.
The nays were: Beach, Facemire, Kessler, Kirkendoll, Laird, Miller, Romano, Snyder, Stollings, Unger and Yost--11.
Absent: Boso, Nohe and Woelfel--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. 315) 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. 2200, Revising, rearranging, consolidating and recodifying the laws of the State of West Virginia relating to child welfare.
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, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Yost and Cole (Mr. President)--31.
The nays were: None.
Absent: Boso, Nohe and Woelfel--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2200) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 2200--A Bill to amend and reenact chapter forty-nine of the Code of West Virginia, 1931, as amended, all relating to child welfare generally; revising, rearranging, consolidating and recodifying the laws of the State of West Virginia relating to child welfare; and removing outdated language and modifying the code to comply with court decisions concerning child welfare.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Yost and Cole (Mr. President)--31.
The nays were: None.
Absent: Boso, Nohe and Woelfel--3.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2200) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2201, Requiring the Public Service Commission to adopt certain net metering and interconnection rules and standards.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Senator Palumbo moved to be excused from voting on any matter pertaining to the bill under rule number forty-three of the Rules of the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Yost and Cole (Mr. President)--30.
The nays were: None.
Absent: Boso, Nohe and Woelfel--3.
Excused from voting: Palumbo--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2201) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 2201--A Bill to amend and reenact §24-2F-8 of the Code of West Virginia, 1931, as amended, relating to net metering; defining net metering; defining customer-generator; defining cross-subsidization; requiring the Public Service Commission to prohibit cross-subsidization; requiring the Public Service Commission adopt certain net metering and interconnection rules and standards; striking deadlines for rulemaking by the Public Service Commission; and capping the amount of generating capacity subject to net metering.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Yost and Cole (Mr. President)--30.
The nays were: None.
Absent: Boso, Nohe and Woelfel--3.
Excused from voting: Palumbo--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2201) 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. 142, Authorizing Department of Administration 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. 378, Relicensing electricians without retesting under certain circumstances.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
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. 274, Relating to TANF program sanctions.
Senate Bill No. 382, Declaring claims against state.
Senate Bill No. 429, Relating to one-day special charitable event license to sell nonintoxicating beer.
Eng. House Bill No. 2114, Updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act.
And,
Eng. House Bill No. 2115, Updating the meaning of the term "federal taxable income" and certain other terms used in the West Virginia Corporation Net Income Tax Act.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Leonhardt.
Thereafter, at the request of Senator D. Hall, and by unanimous consent, the remarks by Senator Leonhardt were ordered printed in the Appendix to the Journal.
On motion of Senator Carmichael, leaves of absence for the day were granted Senators Boso, Nohe and Woelfel.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Carmichael, the Senate adjourned until Monday, February 16, 2015, at 11 a.m.
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