WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
THIRTY-SIXTH DAY
____________
Charleston, W. Va., Wednesday, February 18, 2015
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by the Honorable Gregory L. Boso, a senator from the eleventh district.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Robert H. Plymale, a senator from the fifth district.
Pending the reading of the Journal of Tuesday, February 17, 2015,
On motion of Senator Karnes, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2157--A Bill to amend the Code of West Virginia, 1931, as amended, by amending and reenacting §3-9-19 relating to establishing that fraud associated with absent voters’ ballots is a felony; and establishing the penalties for fraud associated with absent voters’ ballots.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2160--A Bill to amend and reenact §18-9D-2, §18-9D-3, §18-9D-4c and §18-9D-16 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-9D-22, all relating to making the West Virginia Schools for the Deaf and Blind eligible to participate in any and all funding administered or distributed by the West Virginia School Building Authority.
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, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2212--A Bill to amend and reenact §31-15A-16 of the Code of West Virginia, 1931, as amended, relating to dedication of severance tax proceeds to the West Virginia Infrastructure General Obligation Debt Service Fund; specifying reduction of the amount of severance tax proceeds dedicated to the West Virginia Infrastructure General Obligation Debt Service Fund.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2213--A Bill to amend and reenact §29-22-18d of the Code of West Virginia, 1931, as amended, relating to the West Virginia Infrastructure Fund; reducing the distributions to the West Virginia Infrastructure Fund from the State Excess Lottery Revenue Fund to $30 million for fiscal year 2016; and increasing the percentage of funds available annually for grants from the West Virginia Infrastructure Fund.
Referred 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. 2387--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-36, relating to a framework for initiating comprehensive transformation of school leadership; making legislative findings that provide a context for leadership that promotes instructional improvement; stating purpose of section as framework for development of needed statutory and policy changes; stating further purpose to initiate transformation through general statement of legislative intent; providing certain expectations; stating intent for process of broad stakeholder input; requiring convening of stakeholders to assist state board; listing minimum issues to be considered for state recommendations; and requiring reports and recommendations to Legislature and Governor.
Referred to the Committee on Education.
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. 2606--A Bill to amend and reenact §61-6-1b of the Code of West Virginia, 1931, as amended, relating to clarifying the potential sentence for disorderly conduct.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2608--A Bill to amend and reenact §48-27-903 of the Code of West Virginia, 1931, as amended, relating to misdemeanor offenses for violation of protective order; and cleaning up redundant language.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Maynard, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 17th day of February, 2015, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. No. 2138), Adding aircraft operations on private airstrips and farms to the definition of recreational purpose.
And,
(Com. Sub. for H. B. No. 2227), Relating to the National Coal Heritage Area Authority.
Respectfully submitted,
Mark R. Maynard,
Chair, Senate Committee.
Steve Westfall,
Chair, House Committee.
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. 14, Creating Public Charter Schools Act of 2015.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 14 (originating in the Committee on Education)--A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §6C-2-2 of said code; to amend and reenact §18-7A-3 of said code; to amend and reenact §18-7B-2 of said code; to amend and reenact §18-9A-2 and §18-9A-12 of said code; to amend and reenact §18-20-5 of said code; to amend said code by adding thereto a new article, designated §18-33-1, §18-33-2, §18-33-3, §18-33-4, §18-33-5, §18-33-6, §18-33-7, §18-33-8, §18-33-9, §18-33-10, §18-33-11, §18-33-12, §18-33-13, §18-33-14, §18-33-15, §18-33-16, §18-33-17 and §18-33-18; and to amend and reenact §29-12-5a of said code, all relating to public charter schools; setting forth legislative purpose and intent; defining terms; requiring state superintendent to report on the charter school program; setting forth provisions pertaining to eligibility and enrollment; prohibiting discrimination; allowing a county board to authorize the creation of a start-up public charter school or the conversion of a noncharter public school to a public charter school; capping the number of public charter schools authorized; setting forth the duties of the authorizer; requiring an authorizer to develop and maintain policies and practices consistent with nationally recognized principles and professional standards for authorizing public charter schools; requiring certain authorizers to submit to the state superintendent an annual report summarizing certain information; prohibiting an employee, trustee, agent or representative of an authorizer from simultaneously serving as an employee, trustee, agent, representative, vendor or contractor of a public charter school operating under that authorizer; prohibiting a public charter school from being required to purchase services from its authorizer; establishing the West Virginia Board of Charter School Appeals and Training; setting forth provisions pertaining to board membership, member terms, board officers, board meetings, removal of board members, employees, duties, funding and training; requiring the state charter school board to issue and broadly publicize requests for proposals; setting forth information the requests for proposals shall contain, including a determination on whether to participate in the public employees grievance procedures; setting forth provisions pertaining to application for approval as a public charter school; setting forth provisions pertaining to the application review process; setting forth provisions pertaining to application approval and denial; setting forth provisions pertaining to appeal of application denial; requiring the execution of a charter contract; requiring the performance provisions of a charter contract be based on a performance framework developed by the state charter school board that sets forth the academic and operational performance indicators that will guide the authorizer’s evaluations of each public charter school; requiring performance targets be set by a public charter school in conjunction with its authorizer; setting forth authorizer responsibilities relating to oversight; providing for an initial charter term of five years and a renewal term of five to ten years; setting forth authorizer responsibilities relating to renewal; requiring submission of renewal application; setting forth provisions pertaining to the renewal decision by the authorizer; setting forth provisions pertaining to charter revocation and nonrenewal, including provisions allowing for appeal; providing for public charter school closure and dissolution; establishing priority in the application of laws, rules, regulations and authorities; allowing a charter contract to include one or more schools; allowing a single governing board to be issued one or more charter contracts; providing that the school district in which the public charter school is located remains the local education agency; providing that the school district retains responsibility for special education; declaring that the county board remains accountable for the performance of the public charter school; setting forth powers of public charter schools; prohibiting public charter schools from certain activities relating to discrimination, religious practices, charging tuition and delegating or assigning responsibilities set forth in a charter contract; limiting fees that may be charged; setting forth provisions pertaining to the applicability of other laws, rules and regulations to public charter schools; prohibiting county boards from certain actions relating to public charter schools; declaring that personnel hired by the charter school are employed by the charter school; requiring a public charter school to comply with applicable federal laws and regulations regarding the qualifications of teachers and other instructional staff; providing that all public charter school classroom teachers are subject to the same licensing requirements applicable to classroom teachers in noncharter public schools; providing that all personnel in a public charter school continue to accrue seniority in the same manner that they would accrue seniority if employed in a noncharter public school for purposes of employment in noncharter public schools; setting forth provisions pertaining to accounting, financial reporting and auditing; setting forth provisions pertaining to funding for public charter schools; allowing a public charter school to contract with a local school district or other entity for transportation services; requiring any entity providing transportation services to comply with all transportation and safety and administrative regulations applicable to noncharter public schools; setting forth provisions pertaining to public charter school facilities and property; clarifying that county boards not required to seek funds for certain facility-related purposes; setting forth provisions pertaining to building inspections, codes, regulations and fees; setting forth provisions pertaining to the transfer of credits; setting forth provisions pertaining to extracurricular and interscholastic activities; requiring that public charter school employees participate in the Teachers Retirement System or the Teachers’ Defined Contribution Retirement System, whichever is applicable; and requiring that all public charter school employees participate in insurance plans established by the Public Employees Insurance Agency.
With the recommendation that the committee substitute do pass; but with the further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
Dave Sypolt,
Chair.
At the request of Senator Sypolt, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 14) contained in the preceding report from the Committee on Education was taken up for immediate consideration.
On motion of Senator Sypolt, the bill was 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. 18, Creating Overdose Prevention Act.
And,
Senate Bill No. 363, Establishing maximum rates and service limitations for reimbursement of health care services by Court of Claims.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ryan J. Ferns,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Ferns, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Com. Sub. for Senate Bill No. 30 (originating in the Committee on Agriculture and Rural Development), Permitting shared animal ownership agreement to consume raw milk.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 30 (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 §19-1-7, relating to shared animal ownership agreements to consume raw milk; acquiring percentage ownership interest in a milk-producing animal and its raw milk; requiring written document acknowledging the inherent dangers of consuming raw milk; agreeing not to distribute raw milk; requiring reporting of herd-sharing agreements to Commissioner of Agriculture and Commissioner of Bureau for Public Health; requiring physicians to report any disease related to consumption of raw milk to local health department; providing for rule-making authority to set out the contents of the report; and requiring herd seller to meet animal health and testing requirements established by state veterinarian.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Ryan J. Ferns,
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 Nos. 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159 and 170, Authorizing OMHST promulgate legislative rule relating to employee safety in and around quarries.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 170 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Bureau of Commerce; legislative mandate or authorization for the 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 certain of the agencies to promulgate certain legislative rules with various modifications and as amended by the Legislature; authorizing Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to the safety of those employed in and around quarries in West Virginia; authorizing Division of Natural Resources to promulgate a legislative rule relating to defining the terms used in all hunting and trapping rules; authorizing Division of Natural Resources to promulgate a legislative rule relating to hunting, trapping and fishing license and stamp fees; authorizing Division of Natural Resources to promulgate a legislative rule relating to general hunting; authorizing Division of Natural Resources to promulgate a legislative rule relating to lifetime hunting, trapping and fishing licenses; authorizing Division of Natural Resources to promulgate a legislative rule relating to wildlife damage control agents; authorizing Division of Natural Resources to promulgate a legislative rule relating to special boating; authorizing Division of Natural Resources to promulgate a legislative rule relating to commercial whitewater outfitters; authorizing Division of Labor to promulgate a legislative rule relating to the Amusement Rides and Amusement Attractions Safety Act; authorizing Division of Labor to promulgate a legislative rule relating to child labor; authorizing Division of Labor to promulgate a legislative rule relating to the supervision of plumbing work; authorizing Division of Labor to promulgate a legislative rule relating to verifying the legal employment status of workers; authorizing Division of Labor to promulgate a legislative rule relating to the regulation of heating, venting and cooling work; authorizing Division of Labor to promulgate a legislative rule relating to weights and measures calibration fees; and authorizing Division of Forestry to promulgate a legislative rule relating to ginseng.
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
Senate Bill Nos. 182, 184 and 185, Authorizing State Police promulgate legislative rule relating to DNA databank regulations and procedures.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 182 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Military Affairs and Public Safety; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; 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 certain of the agencies to promulgate certain legislative rules with various modifications; authorizing State Police to promulgate a legislative rule relating to the regulations and procedures pertaining to the West Virginia DNA databank; authorizing State Fire Commission to promulgate a legislative rule relating to volunteer firefighters’ training, equipment and operating standards; and authorizing State Fire Marshal to promulgate a legislative rule relating to supervision of fire protection work.
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
Senate Bill Nos. 192 and 193, Authorizing DMV promulgate legislative rule relating to examination and issuance of driver's licenses.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 192 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Transportation; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the examination and issuance of driver's licenses; and authorizing the Office of Administrative Hearings to promulgate a legislative rule relating to appeal procedures.
With the recommendation that the 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. 334, Relating to practice of medicine and surgery or podiatry.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 334 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §30-3-13 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §30-3-13a; to amend said code by adding thereto a new section, designated §30-7-21; and to amend said code by adding thereto a new section, designated §30-14-16, all relating generally to practice of medicine, osteopathy and advance practice registered nursing; rewriting licensing requirements for practice of medicine and surgery or podiatry; making exceptions; providing for unauthorized practice; requiring notice; establishing criminal penalties; permitting practice of telemedicine; establishing requirements; making exceptions; defining terms; and authorizing rulemaking.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Ryan J. Ferns,
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. 343, Exempting chiropractors from continuing education requirement on mental health conditions common to veterans.
And,
Senate Bill No. 350, Establishing criminal penalties for assault or battery on utility workers.
And reports the same back with the recommendation that they each 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. 364, Exempting State Police Forensic Laboratory from state purchasing guidelines.
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
Senate Bill No. 390, Authorizing PSC approve expedited cost recovery of natural gas utility infrastructure projects.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 390 (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 §24-2-1k, relating to additional duties of the Public Service Commission; authorizing commission to approve expedited cost recovery of natural gas utility infrastructure projects deemed just and reasonable and in the public interest; making findings; establishing application and hearing process; and providing for rulemaking.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Walters, 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. 391, Relating to unemployment compensation benefit eligibility for certain victims of domestic violence, sexual offenses or stalking.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Chris Walters,
Vice Chair.
The bill, 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. 398, Extending expiration date for health care provider tax on eligible acute care hospitals.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Mike Hall,
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. 403, Increasing period during which motor vehicle lien is valid.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Chris Walters,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 407, Implementing state safety oversight program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 407 (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 §17-16E-1, §17-16E-2 and §17-16E-3, all relating to implementation of a state safety oversight program pursuant to a mandate per 49 U. S. C. §5329; designating the Division of Public Transit as the State Safety Oversight Agency; specifying powers and duties of the State Safety Oversight Agency; and requiring rulemaking.
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. 407), 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. 424, Eliminating compulsory tuberculosis testing for certain school children and school personnel.
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 Education.
Respectfully submitted,
Ryan J. Ferns,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Education.
Senator Walters, 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. 435, Creating WV Sheriffs' Bureau of Professional Standards.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 435 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-26-1, §7-26-2, §7-26-3, §7-26-4, §7-26-5 and §7-26-6, all relating to creating West Virginia Sheriffs’ Bureau of Professional Standards; purpose and composition; general powers and duties; officers; promotion of training; standards for vehicles, badges and uniforms; and standards for interagency cooperation.
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,
Vice 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 Government Organization.
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. 459, Relating to development of broadband middle mile infrastructure.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 459 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §31-15A-2, §31-15A-8, §31-15A-10, §31-15A-11 and §31-15A-17 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto sixteen new sections, designated §31-15A-9a, §31-15A-9b, §31-15A-10a, §31-15A-11a, §31-15A-12a, §31-15A-13a, §31-15A-14a, §31-15A-15a, §31-15A-17c, §31-15A-18a, §31-15A-19a, §31-15A-20a, §31-15A-21a, §31-15A-22a, §31-15A-23a and §31-15A-24a, all relating generally to development of infrastructure in the state; providing for development of broadband middle mile infrastructure; defining new terms; creating a separate infrastructure fund for broadband middle mile infrastructure projects; providing for deposits and expenditures; setting forth additional powers to West Virginia Network for Educational Telecomputing and Water Development Authority; creating West Virginia Infrastructure Fund for Broadband Middle Mile Development; providing for disposition of funds on termination or dissolution of authority; providing that broadband middle mile projects funded by authority are not public improvements for purposes of financing and noting bidding and wage requirements; authorizing issuance of broadband middle mile revenue bonds; creating West Virginia Broadband Middle Mile Infrastructure Revenue Debt Service Fund; providing for funding of debt service fund; specifying requirements for issuance of bonds; providing for contents of trust agreement and trustee for bonds; specifying remedies available to bondholders, noteholders and trustee; making broadband middle mile infrastructure revenue bonds lawful investments; providing for purchase, cancellation and refunding of bonds; declaring that bonds are not state debts and are exempt from taxation; requiring periodic reporting; limiting personal liability; and permitting legislative and emergency rulemaking.
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. 459), under the original double committee reference, was then referred to the Committee on Finance.
Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2008, Auditing the Division of Highways.
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
Eng. House Bill No. 2274, Authorizing the Commissioner of Corrections to enter into mutual aid agreements.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator M. Hall, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senator Ferns:
Senate Bill No. 510--A Bill to amend and reenact §48-16-102, §48-16-103, §48-16-104, §48-16-201, §48-16-203, §48-16-204, §48-16-205, §48-16-206, §48-16-207, §48-16-208, §48-16-209, §48-16-210, §48-16-211, §48-16-301, §48-16-304, §48-16-305, §48-16-307, §48-16-310, §48-16-311, §48-16-313, §48-16-314, §48-16-316, §48-16-317, §48-16-318, §48-16-319, §48-16-401, §48-16-501, §48-16-502, §48-16-504, §48-16-505, §48-16-506, §48-16-507, §48-16-601, §48-16-602, §48-16-603, §48-16-604, §48-16-605, §48-16-606, §48-16-607, §48-16-608, §48-16-609, §48-16-610, §48-16-611, §48-16-613, §48-16-614, §48-16-615, §48-16-701, §48-16-801, §48-16-802, §48-16-902 and §48-16-903 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto fifteen new sections, designated §48-16-105, §48-16-402, §48-16-616, §48-16-702, §48-16-703, §48-16-704, §48-16-705, §48-16-706, §48-16-707, §48-16-708, §48-16-709, §48-16-710, §48-16-711, §48-16-712 and §48-16-713, all relating to amending the Uniform Interstate Family Support Act; implementing language for the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance; establishing uniform procedures for processing international child support cases; improving enforcement of American child support orders abroad; ensuring that children residing in the United States will receive the financial support due from parents, wherever the parents reside; providing guidelines and procedures for registration, enforcement and modification of foreign support orders from countries that are parties to the convention; providing that a support order from a country that has acceded to the convention must be registered immediately unless a tribunal in the state where the registration is sought determines that the language of the order goes against the policy of the state; providing notice to the nonregistering party; allowing opportunity to challenge order on certain grounds; providing for enforcement of an order unless one of the grounds for denying recognition is established; and requiring documents submitted under the convention be in the original language and a translated version submitted if the original language is not English.
Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.
By Senators Boso and Stollings:
Senate Bill No. 511--A Bill to amend and reenact §21-5A-1, §21-5A-7, §21-5A-8 and §21-5A-9 of the Code of West Virginia, 1931, as amended, all relating to obligations of a contractor or subcontractor with regard to minimum prevailing wage rates for work performed on a public improvement project under a contract awarded by a state agency; clarifying the scope of a worker’s right of action for recovery from a contractor or subcontractor for nonpayment of minimum prevailing wage rates; defining terms; and providing retroactive application.
Referred to the Committee on the Judiciary.
By Senator D. Hall:
Senate Bill No. 512--A Bill to amend and reenact §7-18-1 of the Code of West Virginia, 1931, as amended, relating to clarifying that complimentary hotel rooms provided without charge to guests are not subject to hotel occupancy tax.
Referred to the Committee on Finance.
By Senator D. Hall:
Senate Bill No. 513--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-6-42, relating to establishing minimum standards for unconventional well sites; and defining terms.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Gaunch and Plymale:
Senate Bill No. 514--A Bill to amend and reenact §33-3-14d of the Code of West Virginia, 1931, as amended, relating to investments by local policemen's and firemen's pension and relief fund boards; and requiring investment with the Management Investment Board in certain circumstances.
Referred to the Committee on Pensions; and then to the Committee on Finance.
Senators Ferns, Plymale, Kessler and D. Hall offered the following resolution:
Senate Resolution No. 35--Recognizing Robert Sincavich of Wheeling, West Virginia, for being named chairman of the American Wholesale Marketers Association and for his service to the convenience product distribution industry in the State of West Virginia.
Whereas, The American Wholesale Marketers Association is an international trade organization representing convenience distributors in the United States whose distributor members represent more than $85 billion in convenience product sales; and
Whereas, Mr. Robert Sincavich will assume the chairmanship of the American Wholesale Marketers Association at the association’s annual convention in Las Vegas, Nevada, later this month; and
Whereas, Mr. Sincavich was born and raised in Wheeling, West Virginia, and attended the Linsly Institute and also received a degree in psychology from Allegheny College; and
Whereas, Mr. Sincavich is president of Team Sledd, a convenience store wholesale product distributor established in Wheeling in 1937; and
Whereas, Under the leadership of Mr. Sincavich, Team Sledd has grown from a company with less than thirty employees with $3 million in revenue to more than two hundred sixty employees with $560 million in revenue over the past thirty years; and
Whereas, Mr. Sincavich has established Team Sledd as the preeminent supplier of convenience retail products and services in the six state Mid-Atlantic region, serving customers in Pennsylvania, Ohio, Virginia, Maryland, Kentucky and West Virginia; and
Whereas, Mr. Sincavich and his business partner, Mr. Randy Emanuelson, purchased Sledd Company in 1996 and have built it into today’s Team Sledd, a top twenty-five United States convenience wholesaler; and
Whereas, Mr. Sincavich is a two-time past president of the West Virginia Wholesalers Association; and
Whereas, Mr. Sincavich is a board member on the Ohio Wholesale Marketers Association and also chairman of the Mid-Atlantic Legislative Conference relating to convenience distribution issues; and
Whereas, Mr. Sincavich serves on the board for the Regional Economic Development Council; and
Whereas, Mr. Sincavich is entering his thirty-fourth year in the convenience distribution industry; and
Whereas, Mr. Sincavich and his wife of nearly 32 years, Dianne, have four children: daughters Carrie, Kimberly and Erin; and son Evan; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Robert Sincavich of Wheeling, West Virginia, for being named chairman of the American Wholesale Marketers Association and for his service to the convenience product distribution industry in the State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Mr. Robert Sincavich.
At the request of Senator Ferns, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Carmichael, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Plymale, Woelfel, Yost, Unger, Kessler, Laird, Stollings, Nohe, Prezioso and D. Hall offered the following resolution:
Senate Resolution No. 36--Memorializing the life of Stephen J. Kopp, Marshall University’s thirty-sixth President, for his remarkable and everlasting contributions to Marshall University and the State of West Virginia.
Whereas, Dr. Stephen J. Kopp became Marshall University's thirty-sixth president on July 1, 2005; and
Whereas, Dr. Kopp, during his nine and one-half years as president, led Marshall to unprecedented growth and expansion; and
Whereas, Under Dr. Kopp’s leadership, more than $300 million was wisely spent on construction of new buildings and renovations on Marshall University campuses; and
Whereas, With Dr. Kopp’s guidance, the Marshall University Board of Governors approved the Bachelor of Science in Engineering degree program, reviving the degree after a thirty-year absence; and
Whereas, Dr. Kopp's accomplishments are well documented, including the building of the much-needed and long-promised Marshall Recreation Center; new freshman dorms; a new parking garage; the Rural Health and Clinical Education Center in Chapmanville; the Indoor Athletic Facility and the Chris Cline Athletic Complex; the Edwards Comprehensive Cancer Center; the Robert C. Byrd Biotechnology Science Center; the Erma Ora Byrd Clinical Center; the Veterans Memorial Soccer Complex, the Visual Arts Center and the Foundation Hall; and
Whereas, Dr. Kopp kept his word by fulfilling the promise of a better future for Marshall’s students, while challenging each of us to “dream boldly, plan well and dedicate ourselves individually and collectively to fulfilling this promise”; and
Whereas, Dr. Kopp was married to his beloved wife of 42 years, Jane, with whom he shared the joy of having two children, Adam and Elizabeth, and two grandchildren, Rachel and Ryan; and
Whereas, Sadly, Dr. Stephen J. Kopp died suddenly on December 17, 2014, leaving behind a host of family and friends, all of whom will miss him and his vision and passion for life and Marshall University; and
Whereas, On Marshall University Day at the Capitol, we celebrate the life and legacy of Dr. Stephen J. Kopp and the university he worked so hard to make so great; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of Dr. Stephen J. Kopp, Marshall University’s thirty-sixth President, for his remarkable and everlasting contributions to Marshall University and the State of West Virginia; and, be it
Further Resolved, That the Senate extends its deepest sympathy to the family of Dr. Stephen J. Kopp on his passing; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of Dr. Stephen J. Kopp and Gary White, interim president of Marshall University.
At the request of Senator Plymale, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Carmichael, and by unanimous consent, the remarks by Senator Plymale regarding the adoption of Senate Resolution No. 36 were ordered printed in the Appendix to the Journal.
On motion of Senator Carmichael, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Plymale, Woelfel, Kessler, Laird, Stollings, D. Hall, Unger, Yost, Nohe and Prezioso offered the following resolution:
Senate Resolution No. 37--Recognizing the Marshall University football team and designating February 18, 2015, as Marshall University Day at the Capitol.
Whereas, The Marshall University Thundering Herd football team won the 2014 Conference USA championship for the first time in its 10 years in the league; and
Whereas, The Marshall University Thundering Herd football team finished the season ranked number 22 in the Amway Coaches' poll and number 23 in the Associated Press media poll, the first time in twelve years it was ranked in the Top 25 in both polls; and
Whereas, The Marshall University Thundering Herd football team won the Boca Raton Bowl with a convincing 52-23 victory over Mid-American Conference champion Northern Illinois; and
Whereas, The Marshall University Thundering Herd football team finished the season with a 13-1 record, becoming only the third team in school history to win 13 games; and
Whereas, The Marshall University Thundering Herd football team's coach and two players received major C-USA awards: Coach Doc Holliday was named Coach of the Year; quarterback Rakeem Cato was named Offensive Player of the Year; and linebacker Neville Hewitt was named Defensive Player of the Year; and
Whereas, The Marshall University Thundering Herd football team had a league-record 10 players selected to the All-Conference USA first team; and
Whereas, The Marshall University Thundering Herd football team's players excelled in the classroom as well as on the field, with tight end Eric Frohnapfel and offensive tackle Trevor Mendelson selected to the 11-player C-USA All-Academic team, both having received their undergraduate degrees and both having 4.0 GPAs in MBA programs; and
Whereas, The Marshall University Thundering Herd football team's quarterback Rakeem Cato set the NCAA's FBS record for most consecutive games with a touchdown pass at forty-six, which also tied the all-divisions record; and
Whereas, The Marshall University Thundering Herd football team's Rakeem Cato, center Chris Jasperse and defensive tackle James Rouse were selected to play in post-season all-star games for seniors; and
Whereas, The Marshall University Thundering Herd football team's place kicker Justin Haig was the MVP of the Conference USA championship game, kicking four field goals, including a record three of 40 or more yards, and finished his career as the top kicked-points scorer in Thundering Herd history; and
Whereas, The Marshall University Thundering Herd football team was the only team among 128 FBS teams to rank in the top 20 nationally in both rushing offense and passing offense; and
Whereas, The Marshall University Thundering Herd football team's running back Devon Johnson's 1,767 rushing yards in 2014 ranked second in Thundering Herd single-season history and fifth nationally in FBS; and
Whereas, The Marshall University Thundering Herd football team's wide receiver Tommy Shuler finished his career with a Marshall-record 322 receptions, ranking fourth in all-time in major college football; and
Whereas The Marshall University Thundering Herd football team is one of six programs with four consecutive victories in bowls, the longest active streak in the nation; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the Marshall University football team and designates February 18, 2015, as Marshall University Day at the Capitol; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Doc Holliday, head football coach at Marshall University.
At the request of Senator Woelfel, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Kessler, and by unanimous consent, the remarks by Senator Woelfel regarding the adoption of Senate Resolution No. 37 were ordered printed in the Appendix to the Journal.
On motion of Senator Carmichael, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
Senate Concurrent Resolution No. 30, Requesting DOH name portion of Rt. 19 in Marion County "Nicholas Lou 'Nick' Saban, Jr., Expressway".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Resolution No. 34, Recognizing Delta Sigma Theta Sorority, Inc.
On unfinished business, coming up in regular order, was reported by the Clerk.
At the request of Senator Unger, unanimous consent being granted, reference of the resolution to a committee was dispensed with and the resolution was adopted.
On motion of Senator Carmichael, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened.
Senator Carmichael announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from the Senate second reading calendar, Senate Bill No. 266.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 277, Requiring issuance of certificate of birth resulting in stillbirth.
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. 277) 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. 286, Relating to compulsory immunizations of students; exemptions.
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. 286) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 421, Relating to punitive damages in civil actions.
On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 17, 2015, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Palumbo, the following amendments to the bill were reported by the Clerk and considered simultaneously:
On page three, section twenty-seven, line twenty-eight, by striking out the word “three” and inserting in lieu thereof the word “five”;
On page four, section twenty-seven, line forty-five, after the words “excess of” by inserting the words “three times the amount of compensatory damages or”;
On page four, section twenty-seven, line forty-six, after “$500,000” by inserting a comma and the words “if compensatory damages are less than one third of $500,000,”;
On page four, section twenty-seven, line forty-eight, by striking out the words “one third of the amount in excess of $500,000” and inserting in lieu thereof the word “all of the amount in excess of the three times the amount of compensatory damages or $500,000, if compensatory damages are less than one third of $500,000,”;
On page five, section twenty-seven, line fifty-one, after the word “code” by changing the period to a colon and inserting the following proviso: Provided, That under no circumstances may the total amount owed by the defendant(s) exceed the limits set forth in subsection (c) of this section.;
And,
On pages five through seven, section twenty-seven, lines fifty-six through one hundred three, by striking out all of subsections (f) and (g) and inserting in lieu thereof new subsections, designated subsections (f) and (g), to read as follows:
(f) For civil actions adjudicated in the courts of the state where an award of punitive damages is in excess of the applicable amount set forth in subsection (e) of this section, the defendant(s) shall pay the part of the punitive damages award not in excess of the applicable amount set forth in subsection (e) of this section directly to the plaintiff in accordance with any court order. Any amount awarded in excess of the applicable amount set forth in subsection (e) of this section shall be paid to the circuit clerk of the county in which the civil action was maintained. The circuit clerk shall remit the amount of the excess payment, less one percent which shall be retained by the circuit clerk to cover administrative and other costs associated with the obligations imposed under this section, made by the defendant(s) to the State Treasurer, and a statement showing any deductions made therefrom by the circuit clerk, together with a certified copy of the court order awarding punitive damages.
(g) For civil actions adjudicated in the courts of the United States of America sitting in the state where an award of punitive damages exceeded the applicable amount set forth in subsection (e) of this section, a party to such action shall file, upon a form prescribed by the Secretary of Tax and Revenue, an informational return stating the amount of punitive damages awarded to a plaintiff, the filing of which will be accompanied by a certified copy of the court order making such award. A copy of this return, together with a copy of the court order, shall also be filed with the circuit clerk of the county of residence of the defendant(s), if a natural person, or the county of the principal place of business, if a domestic entity. The defendant(s) shall pay the part of the punitive damages award not in excess of the applicable amount set forth in subsection (e) of this section directly to the plaintiff in accordance with any court order. Any amount awarded in excess of the applicable amount set forth in subsection (e) of this section shall be paid to the circuit clerk of the county of residence of the defendant(s), if a natural person, or the county of the principal place of business, if a domestic entity. The circuit clerk shall remit the amount of the excess payment, less one percent which shall be retained by the circuit clerk to cover administrative and other costs associated with the obligations imposed under this section, made by the defendant(s) to the State Treasurer, and a statement showing any deductions made therefrom by the circuit clerk, together with a certified copy of the court order awarding punitive damages.
Following discussion,
The question being on the adoption of Senator Palumbo’s amendments to the bill, the same was put and did not prevail.
On motion of Senator Kessler, the following amendments to the bill (Com. Sub. for S. B. No. 421) were next reported by the Clerk and considered simultaneously:
On pages four and five, section twenty-seven, lines forty-nine through fifty-one, by striking out the words “Revenue Shortfall Reserve Fund and administered therefrom as provided in section twenty, article two, chapter eleven-b” and inserting in lieu thereof the words “West Virginia Future Fund, created by section five-b, article thirteen-a, chapter eleven”;
On page five, section twenty-seven, lines fifty-two and fifty-three, by striking out the words “Revenue Shortfall Reserve Fund” and inserting in lieu thereof the words “West Virginia Future Fund”;
And,
On pages seven and eight, section twenty-seven, lines one hundred five through one hundred eight, by striking out the words “Revenue Shortfall Reserve Fund and any such deposits shall be administered pursuant to section twenty, article two, chapter eleven-b” and inserting in lieu thereof the words “West Virginia Future Fund, created by section five-b, article thirteen-a, chapter eleven”.
Following discussion,
The question being on the adoption of Senator Kessler’s amendments to the bill, the same was put and did not prevail.
There being no further amendments offered,
The bill was then ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 421 was then read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for Senate Bill No. 421 pass?"
On this question, the yeas were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Nohe, Sypolt, Takubo, Trump and Cole (Mr. President)--16.
The nays were: Beach, Facemire, D. Hall, Kessler, Kirkendoll, Laird, Miller, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Unger, Walters, Williams, Woelfel and Yost--18.
Absent: None.
So, a majority of all the members present and voting not having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 421) rejected.
Thereafter, at the respective requests of Senators Snyder and M. Hall, and by unanimous consent, the remarks by Senators Palumbo, Kessler, Romano and Trump regarding the adoption of the amendments offered by Senators Palumbo and Kessler and regarding the rejection of Engrossed Committee Substitute for Senate Bill No. 421 were ordered printed in the Appendix to the Journal.
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 third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion,
The question being “Shall Engrossed Committee Substitute for House Bill No. 2004 pass?”
On the passage of the bill, the yeas were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kirkendoll, Leonhardt, Maynard, Mullins, Nohe, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams and Cole (Mr. President)--24.
The nays were: Beach, Facemire, Kessler, Laird, Miller, Palumbo, Romano, Snyder, Woelfel and Yost--10.
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. 2004) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2004--A Bill to amend and reenact §22-5-20 of the Code of West Virginia, 1931, as amended, relating to the development of a state plan under Section 111(d) of the Clean Air Act; setting forth legislative findings; prohibiting submission of a state plan without authority; requiring the Department of Environmental Protection to study the feasibility of a state plan; requiring the Department of Environmental Protection to submit a report to the Legislature determining whether a state plan is feasible; allowing for the development of a proposed state plan; requiring the state plan to be on a unit-specific basis; allowing for the plan to be on either a rate-based or meter-based standard; allowing for legislative review and consideration prior to submission of a state plan to the Environmental Protection Agency; and creating exceptions to the legal effect of the state plan.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kirkendoll, Leonhardt, Maynard, Mullins, Nohe, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams and Cole (Mr. President)--24.
The nays were: Beach, Facemire, Kessler, Laird, Miller, Palumbo, Romano, Snyder, Woelfel and Yost--10.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2004) 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. 42, Relating to sale of alcoholic beverages on Sundays prior to 1 p.m.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 266, Eliminating sales tax exemption on certain highway construction and maintenance materials.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Senate Bill No. 294, Eliminating certain unnecessary, inactive or redundant councils, committees and boards.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 412, Relating to Real Estate Commission complaint filings.
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. 316, Exempting new veteran-owned business from certain fees paid to Secretary of State.
Com. Sub. for Senate Bill No. 344, Relating to limitations on back and front pay and punitive damages.
Com. Sub. for Senate Bill No. 384, Permitting wine sales by specialty shop located in dry county, magisterial district or municipality.
Senate Bill No. 415, Relating to circuit judges.
Senate Bill No. 425, Providing WVU, MU and WVSOM more authority to invest assets.
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,
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.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Kirkendoll.
Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,
On motion of Senator Carmichael, the Senate adjourned until tomorrow, Thursday, February 19, 2015, at 11 a.m.
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