Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

REGULAR SESSION, 2015

THIRTY-FIFTH DAY

____________

Charleston, W. Va., Tuesday, February 17, 2015

            The Senate met at 11 a.m.

(Senator Cole, Mr. President, in the Chair.)

            Prayer was offered by Pastor Eric Mounts, Senior Pastor, Bible Center Church, Charleston, West Virginia.

            The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Douglas E. Facemire, a senator from the twelfth district.

            Pending the reading of the Journal of Monday, February 16, 2015,

            On motion of Senator Gaunch, the Journal was approved and the further reading thereof dispensed with.

            The Senate proceeded to the second order of business and the introduction of guests.

            The Senate then proceeded to the third order of business.

            A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, to take effect from passage, of

            Eng. House Bill No. 2200, Revising, rearranging, consolidating and recodifying the laws of the State of West Virginia relating to child welfare.

            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, to take effect from passage, of

            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 fourth order of business.

            Senator Karnes, from the Committee on Natural Resources, submitted the following report, which was received:

            Your Committee on Natural Resources has had under consideration

            Senate Bill No. 92, Providing salary increase for natural resources police officers.

            And reports back a committee substitute for same with the following title:

            Com. Sub. for Senate Bill No. 92 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §20-7-1a and §20-7-1c of the Code of West Virginia, 1931, as amended, all relating to providing increase in compensation for natural resources police officers.

            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,

                                                                          Robert Karnes,

                                                                            Chair.

            The bill (Com. Sub. for S. B. No. 92), under the original double committee reference, was then referred to the Committee on Finance.

            Senator Karnes, from the Committee on Natural Resources, submitted the following report, which was received:

            Your Committee on Natural Resources has had under consideration

            Senate Bill No. 278, Relating to lawful and unlawful methods of hunting.

            And reports back a committee substitute for same with the following title:

            Com. Sub. for Senate Bill No. 278 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §20-2-5, §20-2-5g, §20-2-22a and §20-2-42w of the Code of West Virginia, 1931, as amended, all relating to lawful and unlawful methods of hunting and fishing; prohibiting hunting with night vision technology, drone or other unmanned aircraft; clarifying when a person may carry certain firearms; permitting a person to carry a gun for self defense while in the woods; permitting hunting with crossbows with certain limitations; clarifying bear laws and Class Y permits; and making certain technical corrections.

            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,

                                                                          Robert Karnes,

                                                                            Chair.

            The bill (Com. Sub. for S. B. No. 278), 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

            Com. Sub. for Senate Bill No. 316, Exempting new veteran-owned business from certain fees paid to Secretary of State.

            And,

            Senate Bill No. 415, Relating to circuit judges.

            And reports the same back with the recommendation that they each 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

            Senate Bill No. 344, Relating to limitations on compensatory and punitive damages in employment claims.

            And reports back a committee substitute for same with the following title:

            Com. Sub. for Senate Bill No. 344 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7E-1, §55-7E-2 and §55-7E-3, all relating to setting adequate and reasonable amounts of compensatory damages available to an employee in statutory and common law wrongful or retaliatory discharge causes of action and other employment law claims; setting forth definitions; setting forth legislative findings and a declaration of public policy; placing a duty to mitigate damages on plaintiffs in employment-related lawsuits and causes of action; and requiring a judge to make a finding on the appropriateness of remedy versus reinstatement before front pay damages are to be considered by a jury.

            With the recommendation that the committee substitute do pass.

                                                                        Respectfully submitted,

                                                                          Charles S. Trump IV,

                                                                            Chair.

            Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration

            Senate Bill No. 384, Permitting wine or alcoholic beverage sales by specialty shop located in dry county.

            And reports back a committee substitute for same with the following title:

            Com. Sub. for Senate Bill No. 384 (originating in the Committee on Government Organization)--A Bill to amend and reenact §60-8-3 of the Code of West Virginia, 1931, as amended, relating to permitting sale of wine by wine specialty shop in a county, magisterial district or municipality that has not elected to permit sale of wine or alcohol beverages.

            With the recommendation that the committee substitute do pass.

                                                                        Respectfully submitted,

                                                                          Craig Blair,

                                                                            Chair.

            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. 425, Providing WVU, MU and WVSOM more authority to invest assets.

            And reports the same back with the recommendation that it do pass.

                                                                        Respectfully submitted,

                                                                        Dave Sypolt,

                                                                        Chair.

            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. 455, Relating to public higher education procurement and payment of expenses.

            And reports back a committee substitute for same with the following title:

            Com. Sub. for Senate Bill No. 455 (originating in the Committee on Education)--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.

            With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.

                                                                        Respectfully submitted,

                                                                          Dave Sypolt,

                                                                            Chair.

            The bill (Com. Sub. for S. B. No. 455), under the original double committee reference, was then referred to the Committee on Finance.

            Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration

            Eng. Com. Sub. for House Bill No. 2010, Requiring the elections of justices of the West Virginia Supreme Court of Appeals, circuit court judges, family court judges and magistrates be nonpartisan and by division.

            And has amended same.

            And,

            Eng. Com. Sub. for House Bill No. 2234, Requiring a court to permit a party in a divorce proceeding to resume using the name he or she used prior to the marriage.

            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.

            The Senate proceeded to the fifth order of business.

            Senator Trump, from the committee of conference on matters of disagreement between the two houses, as to

            Eng. Com. Sub. for Senate Bill No. 13, Restoring the open and obvious doctrine of premises liability.

            Submitted the following report, which was received:

            Your committee of conference on the disagreeing votes of the two houses as to the amendments of the House to Engrossed Committee Substitute for Senate Bill No. 13 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:

            That both houses recede from their respective positions as to the amendment of the House on page two, section seven, line seven;

            That both houses agree to an amendment as follows:

            On pages two and three, section seven, by striking out all of subsection (c) and inserting in lieu thereof a new subsection, designated subsection (c), to read as follows:

            (c) It is the intent and policy of the Legislature that this section reinstates and codifies the open and obvious hazard doctrine in actions seeking to assert liability against an owner, lessee or other lawful occupant of real property to its status prior to the decision of the West Virginia Supreme Court of Appeals in the matter of Hersh v. E-T Enterprises, Limited Partnership, 232 W. Va. 305 (2013). In its application of the doctrine, the court as a matter of law shall appropriately apply the doctrine considering the nature and severity, or lack thereof, of violations of any statute relating to a cause of action.;

            And,

            That both houses recede from their respective positions as to the title of the bill and agree to the same as follows:

            Eng. Com. Sub. for Senate Bill No. 13--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to the liability of a possessor of real property for injuries caused by open and obvious hazards; reinstating and codifying the open and obvious doctrine of common law as it existed prior to judicial abolition; clarifying that this section does not create, recognize or ratify claim or cause of action; stating legislative intent; and providing for judicial application.

                                                                        Respectfully submitted,

            Charles S. Trump IV, Chair, Mitch Carmichael, Corey Palumbo, Conferees on the part of the Senate.

            John Shott, Chair, Roger Hanshaw, Larry L. Rowe, Conferees on the part of the House of Delegates.

            Senator Trump, Senate cochair of the committee of conference, was recognized to explain the report.

            Thereafter, on motion of Senator Trump, the report was taken up for immediate consideration and adopted.

            Engrossed Committee Substitute for Senate Bill No. 13, as amended by the conference report, was then put upon its passage.

            On the passage of the bill, as amended, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--28.

            The nays were: Kessler, Romano and Snyder--3.

            Absent: Nohe, Unger and Yost--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. 13) passed with its conference amended title.

            Senator Carmichael moved that the bill take effect from passage.

            On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--28.

            The nays were: Kessler, Romano and Snyder--3.

            Absent: Nohe, Unger and Yost--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. 13) 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 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 Karnes, Blair, Boley, Boso, Gaunch, D. Hall, Kirkendoll, Leonhardt, Mullins, Nohe, Takubo and Walters:

            Senate Bill No. 500--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-11A-1, §3-11A-2, §3-11A-3, §3-11A-4 and §3-11A-5, all relating to providing a procedure for West Virginia to select delegates to an Article V convention for proposing amendments to the Constitution of the United States of America; defining terms; setting forth delegate duties and responsibilities; and providing a felony criminal penalty for violation of a delegate’s oath.

            Referred to the Committee on the Judiciary.

            By Senators Karnes, Blair, Boley, Boso, Gaunch, D. Hall, Leonhardt, Mullins, Nohe and Walters:

            Senate Bill No. 501--A Bill to amend and reenact §16-5-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-5-10a, all relating to defining "midwife", "certified midwife" and "midwifery"; and requiring persons practicing midwifery in the State of West Virginia to make an annual report to the Bureau for Public Health as prescribed by the section of Vital Statistics.

            Referred to the Committee on Health and Human Resources.

            By Senators Sypolt, Ferns, Gaunch, Kirkendoll, Leonhardt, Plymale, Prezioso and Stollings:

            Senate Bill No. 502--A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to the eligibility of a mine operator to receive a tax credit for performing reclamation or remediation at a bond forfeiture site which otherwise would have been reclaimed using funds from the Special Reclamation Fund or Special Reclamation Water Trust Fund.

            Referred to the Committee on Finance.

            By Senators Kirkendoll, Beach, Facemire, D. Hall, Kessler, Laird, Stollings, Yost, Romano and Palumbo:

            Senate Bill No. 503--A Bill to amend and reenact §7-5-24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11A-2-2 of said code, all relating to permitting sheriff to hire outside attorneys to assist in the collection of taxes through the courts; and sharing cost of collection with the various taxing units.

            Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

            By Senator Kirkendoll:

            Senate Bill No. 504--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-6-6c, relating to additional dedicated fees for 911.

            Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.

            By Senators D. Hall, Ferns and Mullins:

            Senate Bill No. 505--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-38, relating to creating the Physicians Lien Act; creating physician liens on claims and causes of action by injured parties for payments made for the benefit of insured persons arising under a contract of liability insurance; excluding from lien payments made to injured persons under a policy or contract of group or individual accident and sickness insurance and health insurance benefits; requiring release of physician records; requiring adjudication of claims; establishing priority of lien; establishing liability on entities that fail to pay or satisfy the lien; providing for attorneys' fees for cost of enforcing the lien; and providing that if health care provider agrees to a negotiated reduction in fees in writing and is paid that amount, the lien shall be satisfied.

            Referred to the Committee on the Judiciary.

            By Senator Carmichael:

            Senate Bill No. 506--A Bill to amend and reenact §30-20A-1, §30-20A-2, §30-20A-3, §30-20A-4, §30-20A-5, §30-20A-6 and §30-20A-7 of the Code of West Virginia, 1931, as amended, all relating to requiring that athletic trainers be licensed, instead of registered, by West Virginia Board of Physical Therapy.

            Referred to the Committee on Government Organization.

            By Senators Trump and Plymale:

            Senate Bill No. 507--A Bill to amend and reenact §31-20-5e of the Code of West Virginia, 1931, as amended, relating to allowing emails and other types of electronic communications to and from regional jail inmates be monitored, intercepted, recorded and disclosed; and providing exception for attorney-client privileged communications.

            Referred to the Committee on the Judiciary.

            By Senators Cole (Mr. President) and Kessler (By Request of the Executive):

            Senate Bill No. 508--A Bill to repeal §20-14-6 and §20-14-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-10-3 and §15-10-4 of said code; to amend and reenact §20-7-1 of said code; to amend and reenact §20-14-1, §20-14-2, §20-14-3, §20-14-4, §20-14-5, §20-14-8 and §20-14-9 of said code; to amend said code by adding thereto four new sections, designated §20-14-4a, §20-14-10, §20-14-11 and §20-14-12; to amend and reenact §20-15-2 and §20-15-5 of said code; to amend and reenact §30-29-1 of said code; and to amend and reenact §61-7-6 of said code, all relating to reorganization of Hatfield-McCoy Regional Recreation Authority; removing rangers as law-enforcement officers; providing for law-enforcement services to be provided by natural resources police officers under reimbursement by authority; converting authority to a joint development entity of counties; altering composition of authority's board; removing authorization to issue revenue bonds and create security interests; providing for financial review and oversight of public funds; defining prohibited uses and conduct in recreation area; establishing requirements for bidding and purchasing; prohibiting conflicts of interest; creating criminal penalties and civil remedies; and declaring responsibilities of participants to landowners and lessors in the recreation area.

            Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.

            By Senator Trump:

            Senate Bill No. 509--A Bill to amend and reenact §37-7-2 of the Code of West Virginia, 1931, as amended, relating to waste by a cotenant; providing that lawful use of the property by a majority of the ownership is not waste; and providing the cotenants, and their agents or assigns, are not liable for damages if an accounting of a pro rata share of the revenues and costs resulting from the use is provided to each cotenant.

            Referred to the Committee on the Judiciary.

            Senators Prezioso, Beach, D. Hall, Stollings, Williams, Romano and Plymale offered the following resolution:

            Senate Concurrent Resolution No. 30--Requesting the Division of Highways name portion of Route 19 from its intersection at Route 218 to the junction at Sycamore Road in Marion County the “Nicholas Lou ‘Nick’ Saban, Jr., Expressway”.

            Whereas, Nicholas Lou “Nick” Saban, Jr., was born October 31, 1951, in Fairmont, West Virginia; and

            Whereas, Nicholas Lou “Nick” Saban, Jr., is the current head football coach at the University of Alabama, a position he has held since the 2007 season; and

            Whereas, Coach Saban has previously served as head coach of the National Football League's Miami Dolphins, as well as head football coach at Louisiana State University, Michigan State University and the University of Toledo; and

            Whereas, Coach Saban led the LSU Tigers to the Bowl Championship Series National Championship in 2003 and the Alabama Crimson Tide to BCS and Associated Press National Championships in 2009, 2011 and 2012 seasons, making him the first coach in college football history to win a national championship with two different football subdivision schools; and

            Whereas, Nicholas Lou “Nick” Saban, Jr., and Paul William “Bear” Bryant are the only coaches to win a South-Eastern Conference Championship at two different schools; and

            Whereas, Coach Saban was inducted into the Alabama Sports Hall of Fame in May, 2013; and

            Whereas, Coach Saban has four national championships, five SEC championships, eight SEC western division championships and one Mid-American Conference championship; and

            Whereas, Coach Saban was named "The Most Powerful Coach in Sports" by Forbes Magazine in September of 2008; and

            Whereas, Nicholas Lou “Nick” Saban, Jr., is one of the most successful coaches in football history and it is fitting to have this portion of road leading into his hometown named in his honor; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the portion of Route 19 from its intersection at Route 218 to the junction of Sycamore Road in Marion County the “Nicholas Lou ‘Nick’ Saban, Jr., Expressway”; and, be it;

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the portion of Route 19 as the “Nicholas Lou ‘Nick’ Saban, Jr., Expressway”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of Highways and to Coach Saban.

            Which, under the rules, lies over one day.

            Senators Miller, Stollings, Snyder, Unger, Williams, Prezioso and Plymale offered the following resolution:

            Senate Resolution No. 33--Designating Tuesday, February 17, 2015, as West Virginia Local Food Systems Day at the Legislature.

            Whereas, The West Virginia Food and Farm Coalition is made of farmers, food processors, distributors, agencies, health professionals, extension agents, researchers, nonprofits, farmers markets, youth groups, religious organizations, consumers and institutions that feed people; and

            Whereas, The West Virginia Food and Farm Coalition works within its network to change agricultural policy, promote access to local foods, share resources and grow food and farm business; and

            Whereas, The West Virginia Food and Farm Coalition developed and enacted the Road Map for the Food Economy, a food charter that was developed through public input from hundreds of West Virginians from all geographic areas and walks of life that outlines major challenges facing West Virginia’s food economy and serves as an action plan with a series of four goals and accompanying changes needed, next steps and indicators of success; and

            Whereas, The West Virginia Food and Farm Coalition convenes five food and farm working groups that are tasked with overcoming the challenges outlines in the Road Map for the Food Economy. These working groups include Aggregation and Distribution; Meat Processing Facilities; School, Youth and Community Gardens; Access to Local, Healthy Food; and affiliate group West Virginia Farmers Market Association. Working groups are made of volunteers with backgrounds in various sectors of West Virginia’s food system that come together to work through West Virginia’s food system challenges and opportunities and implement impactful projects and policies; and

            Whereas, The West Virginia Food and Farm Coalition, with its partners, aids in building and strengthening food and farm businesses and seeks to spur economic growth through building a strong food economy in West Virginia; therefore, be it

            Resolved by the Senate:

            That the Senate hereby designates Tuesday, February 17, 2015, as West Virginia Local Food Systems Day at the Legislature; and, be it

            Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Food and Farm Coalition.

            At the request of Senator Carmichael, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

            Senators Unger, Prezioso, Plymale, Snyder and Stollings offered the following resolution:

            Senate Resolution No. 34--Recognizing Delta Sigma Theta Sorority, Inc., of West Virginia for its service, dedication and commitment to the State of West Virginia.

            Whereas, The objective of Delta Sigma Theta Sorority, Inc., of West Virginia is to promote knowledge and awareness of the problems, opportunities and issues facing West Virginia; and

            Whereas, Delta Sigma Theta Sorority, Inc., was founded on January 13, 1913, by 22 collegiate women at Howard University to promote academic excellence and provide assistance to those in need. In March of 1913, nearly six weeks after its founding, several Delta Sigma Theta Sorority, Inc., founders marched in the historic Suffragist March under the Delta Sigma Theta Sorority, Inc., Banner, the Sorority’s first public act; and

            Whereas, Under the auspices of the National Social Action Commission, Delta Sigma Theta Sorority, Inc., of West Virginia continues to institute activities that foster sponsoring voter registration and voter education programs, combating voter suppression, full restoration of voting rights for individuals who have paid their debt to society (ex-offenders), clean water laws and regulations, affordable health care and access to quality health care, financial literacy and economic empowerment, support for HBCU’s, political awareness and involvement, gender equality and improving community relationships with local law-enforcement agencies; and

            Whereas, The membership of Delta Sigma Theta Sorority, Inc., of West Virginia includes individuals from nearly every facet of West Virginia’s business, professional, religious, governmental, educational, civic, the arts, organized labor and minority organizations who demonstrate a commitment to the state; and

            Whereas, Members of the West Virginia Chapters of Delta Sigma Theta Sorority, Inc., consist of Beckley Alumnae Chapter President Paula Mitchell, Bluefield Alumnae Chapter President Carolyn Williams, Charleston-Institute Alumnae Chapter President Eva Jones, Eastern Panhandle Alumnae Chapter President Kimberley D. Crockett, Esq., Greater Morgantown Alumnae Chapter President Cheryl Williams, Huntington Alumnae Chapter President Fran Jackson, Omicron Upsilon Chapter West Virginia University President Chloe Dawson, and Theta Omega Chapter Marshall University President Bria Armstrong who operate under the leadership of West Virginia State Coordinator Marsha Lawson and West Virginia State Social Action Coordinator Michelle Barnes-Russell; therefore, be it

            Resolved by the Senate:

            That the Senate hereby recognizes Delta Sigma Theta Sorority, Inc., of West Virginia for its service, dedication and commitment to West Virginia; and, be it

            Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of Delta Sigma Theta Sorority, Inc., of West Virginia.

            Which, under the rules, lies over one day.

            The Senate proceeded to the seventh order of business.

            Senate Concurrent Resolution No. 29, Requesting DOH name bridge in Kanawha County "Rosie the Riveter Memorial Bridge".

            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 Senate Bill No. 274, Relating to TANF program sanctions.

            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, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--31.

            The nays were: None.

            Absent: Nohe, Unger and Yost--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. 274) 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. 382, Declaring claims against state.

            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, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--31.

            The nays were: None.

            Absent: Nohe, Unger and Yost--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. 382) passed with its title.

            Senator Carmichael moved that the bill take effect from passage.

            On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--31.

            The nays were: None.

            Absent: Nohe, Unger and Yost--3.

            So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 382) takes effect from passage.

            Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

            Eng. Senate Bill No. 429, Relating to one-day special charitable event license to sell nonintoxicating beer.

            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, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--31.

            The nays were: None.

            Absent: Nohe, Unger and Yost--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. 429) passed with its title.

            Senator Carmichael moved that the bill take effect from passage.

            On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--31.

            The nays were: None.

            Absent: Nohe, Unger and Yost--3.

            So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 429) 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. 2114, Updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax 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, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--31.

            The nays were: None.

            Absent: Nohe, Unger and Yost--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. 2114) passed with its title.

            Senator Carmichael moved that the bill take effect from passage.

            On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--31.

            The nays were: None.

            Absent: Nohe, Unger and Yost--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. 2114) takes effect from passage.

            Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

            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.

            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, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--31.

            The nays were: None.

            Absent: Nohe, Unger and Yost--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. 2115) passed with its title.

            Senator Carmichael moved that the bill take effect from passage.

            On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--31.

            The nays were: None.

            Absent: Nohe, Unger and Yost--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. 2115) takes effect from passage.

            Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

            The Senate proceeded to the ninth order of business.

            Senate Bill No. 266, Eliminating sales tax exemption on certain highway construction and maintenance materials.

            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.

            Com. Sub. for Com. Sub. for Senate Bill No. 277, Requiring issuance of certificate of birth resulting in stillbirth.

            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. 286, Relating to compulsory immunizations of students; exemptions.

            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. 421, Relating to punitive damages in civil actions.

            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.

            Eng. Com. Sub. for House Bill No. 2004, Providing a procedure for the development of a state plan under section 111 of the Clean Air Act.

            On second reading, coming up in regular order, was read a second time.

            The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:

            On page five, section twenty, line sixty, after the word “practicable.” by adding the following: Such state plan shall be on a unit-specific performance basis and shall be based upon either a rate-based model or a meter-based model.

            The bill (Eng. Com. Sub. for H. B. No. 2004), as amended, was then ordered to third reading.            The Senate proceeded to the tenth order of business.

            Com. Sub. for Senate Bill No. 42, Relating to sale of alcoholic beverages on Sundays prior to 1 p.m.

            On first reading, coming up in regular order, was read a first time and ordered to second reading.

            Senate Bill No. 294, Eliminating certain unnecessary, inactive or redundant councils, committees and boards.

            On first reading, coming up in regular order, was read a first time and ordered to second reading.

            Senate Bill No. 412, Relating to Real Estate Commission complaint filings.

            On first reading, coming up in regular order, was read a first time and ordered to second reading.

            The Senate proceeded to the twelfth order of business.

            Remarks were made by Senators Laird and Kessler.

            Thereafter, at the request of Senator Stollings, and by unanimous consent, the remarks by Senator Laird were ordered printed in the Appendix to the Journal.

            At the request of Senator Snyder, unanimous consent being granted, the remarks by Senator Kessler were ordered printed in the Appendix to the Journal.

            On motion of Senator Carmichael, leaves of absence for the day were granted Senators Nohe, Unger and Yost.

            Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,

            On motion of Senator Carmichael, the Senate adjourned until tomorrow, Wednesday, February 18, 2015, at 11 a.m.

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