WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
FORTY-FIRST DAY
____________
Charleston, W. Va., Monday, February 23, 2015
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by Bishop Joe Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Michael A. Woelfel, a senator from the fifth district.
Pending the reading of the Journal of Friday, February 20, 2015,
On motion of Senator Blair, 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 passage of
Eng. Com. Sub. for Senate Bill No. 255, Eliminating certain boards, councils, committees, panels, task forces and commissions.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 298, Clarifying funds within Public Employees Retirement Fund.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 299, Clarifying start date of State Police duty-related disability payments.
On motion of Senator Carmichael, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
On page eight, section ten, line thirty-two, after the word “jurisdiction” by changing the period to a colon and inserting the following proviso: Provided, That in no circumstance may the disability payments begin prior to termination of employment in order to avoid an in-service distribution.
On motion of Senator Carmichael, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 299, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Williams, Woelfel, Yost and Cole (Mr. President)--31.
The nays were: None.
Absent: Miller, Mullins and Walters--3.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 299) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 302, Relating to state retirement plans.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Com. Sub. for Senate Bill No. 378, Relicensing electricians without retesting under certain circumstances.
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. 2054--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-6-31, relating to the right of the landlord of commercial premises to terminate the lease under certain circumstances and providing a process for the termination.
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. 2139--A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931, as amended, relating to employment of retired teachers as substitutes in areas of critical need and shortage for substitutes; requiring days of retirement before instructional term employed as substitute; requiring electronic posting of vacancy; requiring preemployment submission of information to, and verification of compliance by, state board prior to submission to retirement board; resetting expiration date of provisions; and making other technical improvements.
Referred to the Committee on Pensions; and then 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. 2140--A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as amended, relating to building governance and leadership capacity of county board during period of state intervention; providing flexibility on strategic plans; authorizing removal, subject to reemployment, of will and pleasure employees of the county superintendent during intervention in operation of school system; requiring during periods of intervention, county board goals and action plans for improvement and sustained success to end intervention in not more than five years; specifying minimum components of goals and action plans; requiring annual assessment and report of readiness of county to accept return and sustain improvement; requiring public hearing if determination made at fifth annual assessment the county board not ready; continued intervention allowed only after hearing; requiring continued supports as needed for three years following end of intervention; and requiring public hearing for another intervention within this three years.
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. Com. Sub. for House Bill No. 2187--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-6-17, relating to patriotic displays at public buildings; allowing for the national motto, ‘In God We Trust’, to be displayed on public buildings; allowing for the display of the POW-MIA flag at public buildings; and requiring the State Building Commission to develop guidelines for appropriate display of the motto and flag.
Referred to the Committee on Government Organization.
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. 2272--A Bill to repeal §16-5W-1, § §16-5W-2, §16-5W-3, §16-5W-4, §16-5W-5, §16-5W-6, §16-5W-7, and §16-5W-8, of the Code of West Virginia, 1931, as amended, and to amend and reenact §30-5-7, of said code, relating the authority of the Board of Pharmacy to maintain an official prescription paper program; and allowing pharmacy interns to administer certain immunizations.
Referred to the Committee on Health and Human Resources.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage as amended, of
Eng. House Bill No. 2274, Authorizing the Commissioner of Corrections to enter into mutual aid agreements.
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. 2432--A Bill to amend and reenact §30-5-9 of the Code of West Virginia,1931, as amended, relating to the licensure requirements to practice pharmacist care.
Referred to the Committee on Government Organization.
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. 2461--A Bill to amend and reenact §33-10-4 and §33-10-26 of the Code of West Virginia, 1931, as amended, all relating to delinquency proceedings of insurers; issuance of injunctions or orders following the commencement of a rehabilitation or liquidation proceeding of an insurer; and providing limitations on the avoidance of a transfer to a federal home loan bank in a liquidation proceeding of an insurer-member of the federal home loan bank.
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. 2492--A Bill to repeal §29-5A-10 of the Code of West Virginia, 1931, as amended, relating to the authority of the State Athletic Commission.
Referred to the Committee on Government Organization.
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. 2505--A Bill to amend and reenact §5-10-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-14D-5 of said code; to amend and reenact §8-22A-6 of said code; to amend and reenact §15-2A-3 of said code; to amend and reenact §16-5V-6 of said code; and to amend and reenact §18-7A-13 of said code, all relating to retirement system participation; clarifying that police officers and firefighters hired after a certain date are members of the West Virginia Municipal Police and Firefighters Retirement System; clarifying that members first employed in covered employment in the West Virginia Deputy Sheriffs Retirement System, West Virginia Municipal Police Officers and Firefighters Retirement System or the West Virginia Emergency Medical Services Retirement System shall participate in only one retirement system administered by the Consolidated Public Retirement Board in which the member has the earliest date of hire; and specifying that members of the Public Employees Retirement System, the State Police Retirement System and the Teachers’ Retirement System who are employed in an additional job that requires membership in the West Virginia Deputy Sheriff Retirement System, the West Virginia Municipal Police Officers and Firefighters Retirement System or the West Virginia Emergency Medical Services Retirement System shall abide by the concurrent employment provisions of said system and participate in only one system administered by the Consolidated Public Retirement Board.
Referred to the Committee on Pensions.
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. 2507--A Bill to amend and reenact §8-22A-2 and §8-22A-6 of the Code of West Virginia, 1931, as amended, all relating to membership provisions in the West Virginia Municipal Police and Firefighters Retirement System.
Referred to the Committee on Pensions.
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. 2545--A Bill to amend and reenact §18A-4-2a of the Code of West Virginia, 1931, as amended, relating to reimbursement of certification fee for National Board for Professional Teaching Standards certification; and requiring the submission of satisfactory evidence to the West Virginia Department of Education for reimbursement.
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. 2598--A Bill to amend and reenact §18-20-2 of the Code of West Virginia, 1931, as amended, relating to school accommodations for exceptional children; and requiring that teachers receive instruction relating to the school‛s plan of accommodations for students with disabilities.
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. 2625--A Bill to amend and reenact §22-18-22 of the Code of West Virginia, 1931, as amended, relating to the Hazardous Waste Management Fee Fund, by extending its sunset provision from June 30, 2015 to June 30, 2020.
Referred to the Committee on Government Organization.
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. 2626--A Bill to amend and reenact §22-2-4 of the Code of West Virginia, 1931, as amended, relating to use of the Abandoned Land Reclamation 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 July 1, 2015, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2632--A Bill to amend and reenact §5A-3-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-2E-7 of said code; and to amend and reenact §18-9A-10 of said code, all relating to procurement of instructional materials, digital content resources, instructional technology, hardware, software, telecommunications and technical services for use in and in support of public schools; exempting procurement of these items from division of purchasing requirements; removing outdated language and updating name of state technology plan; requiring the State Board of Education to define "equitable distribution;" requiring certain technology tools to adhere to state contract prices; adding personalized learning as potential student use for technology; providing for technology system specialists; and removing expired transitional funding language and references to the twenty-first century.
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. 2646--A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code; to amend said code by adding thereto a new section, designated §9A-1-11b; to amend said code by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12 and §29-3E-13; and to amend and reenact §61-3E-1 and §61-3E-11 of said code, all relating to legalizing and regulating the sale and use of fireworks; eliminating the prohibition on the sale, possession and explosion of fireworks; eliminating the requirement that the State Fire Marshal seize and destroy fireworks and combustibles illegally held; eliminating the prohibition on nonresidents without in-state legal counsel to obtain a permit for conducting of a pyrotechnic display; eliminating the sparkler and novelty registration fee; eliminating certain defined terms; eliminating exemptions; defining terms; creating standards for the production and transport of fireworks; establishing registration requirements for sales of sparklers, novelties and toy caps; creating a certification requirement for the sale of consumer fireworks; establishing permit requirements for public fireworks displays; creating the West Virginia Veterans Program Fund to be administered by the Department of Veterans’ Assistance; imposing a twenty percent fee on each dollar of a sale for the sale of fireworks and providing for the allocation of the fee collections between the West Virginia Veterans Program Fund for veterans programs, the Fire Protection Fund for volunteer fire departments, and the Fire Marshal Fees Fund; providing for public fireworks displays; providing for rules; authorizing seizures by the State Fire Marshal; providing exemptions; and providing for criminal penalties.
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. 2663--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-10G-5a, relating to creating the Rehabilitation Services Vending Program 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. 2669--A Bill to amend and reenact §16-3D-2 and §16-3D-3 of the Code of West Virginia, 1931, as amended, all relating to compulsory tuberculosis testing; defining terms; removing requirement for compulsory tuberculosis testing for school children transferring from outside this state; removing the requirement for recording test results, immediate evaluations by a physician of positive reactors, and X rays upon a positive test; omitting the requirement for all school personnel to have one tuberculin test at the time of employment; and eliminating the requirement that local health officers be responsible for arranging follow-up of school personnel and students who are not able to get a physician evaluation for a positive tuberculin skin test.
At the request of Senator Sypolt, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 2702--A Bill to amend and reenact §18-5-18 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-8, §18A-4-8a and §18A-4-8b of said code, all relating to redefining service personnel class titles of early childhood classroom assistant teacher; protecting certain aides from reduction in force or transfer to create vacancy for less senior early childhood classroom assistant teacher; requiring aide who becomes employed as early childhood classroom assistant teacher to hold certain multiclassification status; and including early childhood assistant classroom assistant teacher in same classification category as aides.
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. 2726--A Bill to amend and reenact §55-8-16 of the Code of West Virginia, 1931, as amended, relating to choice of law in product liability actions.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 4--Requesting the Division of Highways to name the bridge on Route 14, bridge number 23-14-0.20 (23A369) latitude 37.81184, longitude -81.93115 in Logan County, locally known as Rum Creek CSX Overpass, the "U.S. Army PFC Clarence Allen Mooney Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 6--Requesting the Division of Highways to name bridge number 39-7-26.83 (39A194), locally known as Corinth Railroad Overpass, carrying WV 7 over CSX RAILROAD in Preston county, the "U.S. Army Air Force SGT Everett Wayne "Bud" Sell Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 9--Requesting the Division of Highways to name bridge number 55-54-1.44, locally known as the Winding Gulf Bridge, carrying WV Route 54 over Slab Fork in Wyoming County, the "U.S. Air Force Lt. Col. John Richard ‘Toots’ Wilcox Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 19--Requesting the Division of Highways to name the Section of US Route 16 from the Donald J. Bragg Memorial Bridge to the intersection of County Route 14 in Logan County, the "U.S. Army SGT Bobby Ray Adkins Memorial Highway”.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 21--Requesting the Division of Highways to name the bridge on U. S. Route 19 crossing Scott's Run, bridge number 31-19-14.98, (39.66036, -80.00463), locally known as Osage Bridge, near Osage in Monongalia County, the "U. S. Army Air Corps PFC James Elwood Wickline Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 27--Requesting the Division of Highways to name a future bridge with a design number of 10978, longitude 38.39933, latitude -81.57895, carrying future County Route 219/32 over the Elk River in Kanawha County the “West Virginia Air National Guard 167th Fighter Squadron Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 28--Requesting the Division of Highways to name the bridge on County Route 32, Evergreen Road, in Upshur County, bridge number 49-32-8-16, as the "USMC Cpl Marple W. Landes and U.S. Army PV2 Margel S. Landes Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 32--Requesting the Division of Highways to name the bridge on Upper Pinch Creek Road that carries County Route 52/2 over Pinch Creek in Kanawha County, bridge number 20-52/2-0.10 (20A331), latitude 38.41945, longitude -81.48488, as the "Lipscomb Brothers Veterans Bridge”.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 35--Requesting the Division of Highways name a section of United States Route 33 from the Ritchie Bridge in Ravenswood, Jackson County to its intersection with Interstate 79 at Exit 99 in Lewis County, and from where United States Routes 219 and 33 diverge just north of Elkins in Randolph County to the Randolph/Pendleton County line “The Historic Blue-Gray Highway”.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
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. 24, Prohibiting public officials and employees from using public funds for self promotion.
And,
Senate Bill No. 360, Repealing code sections relating to book indexes and claims reports required by court clerks.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bills (S. B. Nos. 24 and 360) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time and ordered to second reading.
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. 140, Amending State Administrative Procedures Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 140 (originating in the Committee on the Judiciary)--A Bill to repeal §29A-2-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §29A-1-2 of said code; to amend said code by adding thereto two new sections, designated §29A-1-3a and §29A-1-3b; and to amend and reenact §29A-3-1a, §29A-3-4, §29A-3-8, §29A-3-13 and §29A-3-15 of said code, all relating generally to the State Administrative Procedures Act; defining “legislative exempt rule”; providing certain technical amendments; providing for nullification and voiding of rules; setting forth requirements for amendments to existing rules, proposed new rules and repeal of existing rules; establishing filing and adoption requirements for legislative exempt rules; making legislative rules effective upon filing; requiring agency to provide list of interested parties with emergency rules; and changing number of copies required when filing an emergency rule.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 140) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 178, 179, 180, 181, 194, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227 and 228, Authorizing Board of Registration for Professional Engineers promulgate legislative rule relating to examination, licensure and practice.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 199 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by miscellaneous agencies and boards; 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 Board of Registration for Professional Engineers to promulgate a legislative rule relating to the examination, licensure and practice for professional engineers; authorizing Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law-enforcement training and certification standards; authorizing Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to requirements for registration and renewal of appraisal management companies; authorizing Board of Medicine to promulgate a legislative rule relating to licensure, disciplinary and complaint procedures, continuing education and physician assistants; authorizing Enterprise Resource Planning Board to promulgate a legislative rule relating to the enterprise resource planning system user fee; authorizing Board of Physical Therapy to promulgate a legislative rule relating to fees for physical therapists and physical therapist assistants; authorizing Board of Osteopathic Medicine to promulgate a legislative rule relating to fees for services rendered by the board; authorizing Board of Osteopathic Medicine to promulgate a legislative rule relating to osteopathic physician assistants; authorizing Board of Pharmacy to promulgate a legislative rule relating to immunizations administered by pharmacists; authorizing Board of Pharmacy to promulgate a legislative rule relating to the registration of pharmacy technicians; authorizing Board of Pharmacy to promulgate a legislative rule relating to controlled substances monitoring; authorizing Board of Pharmacy to promulgate a legislative rule relating to licensure and the practice of pharmacy; authorizing Board of Dental Examiners to promulgate a legislative rule relating to formation and approval of professional limited liability companies; authorizing Board of Dental Examiners to promulgate a legislative rule relating to the board; authorizing Board of Dental Examiners to promulgate a legislative rule relating to dental recovery networks; authorizing Board of Dental Examiners to promulgate a legislative rule relating to the formation and approval of dental corporations and dental practice ownership; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to frozen desserts and imitation frozen desserts; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to animal disease control; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to auctioneers; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to fee structure for the Pesticide Control Act of 1990; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to the West Virginia Plant Pest Act; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to inspection of meat and poultry; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to the West Virginia Spay Neuter Assistance Program; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to livestock care standards; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to equine rescue facilities; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to the Rural Rehabilitation Loan Program; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to aquaculture importation; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to industrial hemp; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to dangerous wild animals; authorizing Secretary of State to promulgate a legislative rule relating to the procedures for recount of election results; authorizing Secretary of State to promulgate a legislative rule relating to the standards and guidelines for electronic notarization; authorizing Secretary of State to promulgate a legislative rule relating to notaries public; authorizing Secretary of State to promulgate a legislative rule relating to a schedule of fees for notaries public; authorizing Family Protection Services Board to promulgate a legislative rule relating to perpetrator intervention programs licensure; authorizing Family Protection Services Board to promulgate a legislative rule relating to domestic violence program licensure standards; authorizing Family Protection Services Board to promulgate a legislative rule relating to the Monitored Parenting and Exchange Program certification; authorizing Family Protection Services Board to promulgate a legislative rule relating to the operation of the board; and authorizing Family Protection Services Board to promulgate a legislative rule relating to perpetrator intervention programs licensure for correctional institutions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 199) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 273 (originating in the Committee on Economic Development), Relating to brewer, resident brewer and brewpub licensing and operations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 273 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §11-16-3, §11-16-6, §11-16-9 and §11-16-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §11-16-6a and §11-16-6b, all relating to brewer, resident brewer and brewpub licensing and operations; clarifying definitions; providing legislative findings; authorizing licensed brewers and resident brewers to offer complimentary nonintoxicating beer and nonintoxicating craft beer samples; authorizing licensed brewers and resident brewers to sell growlers with limitations; authorizing licensed brewpubs, Class A retail dealers, Class B retail dealers, private clubs, Class A retail licensees and Class B retail licensees to sell growlers with limitations; clarifying licensing and operational requirements for brewers, resident brewers and brewpubs; changing license fee schedule for certain brewers and resident brewers; decreasing license fee for brewpubs; requiring brewers and resident brewers to submit annual reports of production; and removing brewpub bonding requirements.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 273) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 304, Relating to farmers markets.
With an amendment from the Committee on Agriculture and Rural Development pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Agriculture and Rural Development to which the bill was first referred.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (S. B. No. 304) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 346, Creating Mental Health, Veterans and Service Members Court Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 346 (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 §62-16-1, §62-16-2, §62-16-3, §62-16-4, §62-16-5, §62-16-6, §62-16-7, §62-16-8, §62-16-9, §62-16-10, §62-16-11, §62-16-12 and §62-16-13, all relating to establishing a Mental Health and Military Service Member Court program within the Supreme Court of Appeals; defining terms; granting authority to oversee the court to the Administrator of the Supreme Court of Appeals; setting forth structure of the court; providing for written agreement to participate in the court; setting forth incentives for successful participation; providing for sanctions for violation of provisions of the court; setting out disposition on successful completion; providing for teams to function within the court; setting forth eligibility requirements for participation; setting forth procedure to participate in the court; allowing for mental health and drug treatment services for participants; providing for governance of the court by the Supreme Court of Appeals; setting forth information to be maintained on participants; providing for funding mechanisms which may include court fees; and providing for limitation of liability.
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,
Charles S. Trump IV,
Chair.
The bill (Com. Sub. for S. B. No. 346), 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
Senate Bill No. 351, Relating to charitable organization contribution levels requiring independent audit reports.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 351 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §29-19-5 of the Code of West Virginia, 1931, as amended, relating to contribution levels by charitable organizations necessary for submission of an audit report of the organization by an independent certified public accountant; and requiring additional information on registration statement.
And,
Senate Bill No. 353, Transferring motor vehicle inspection program to State Police Superintendent.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 353 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17C-16-4 of the Code of West Virginia, 1931, as amended, relating to designating the Superintendent of the West Virginia State Police as current administrator and enforcer of the motor vehicle inspection program.
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bills (Com. Sub. for S. B. Nos. 351 and 353) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time and ordered to second reading.
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. 373, Allowing wireless communication image serve as proof of motor vehicle insurance.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 373 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17D-2A-4 of the Code of West Virginia, 1931, as amended, relating to allowing image displayed on a wireless communication device to serve as proof of insurance on a motor vehicle.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 373) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 399, Relating to hospitals owned or operated by nonprofit corporations or associations or local governmental units.
And,
Senate Bill No. 418, Relating to trustee real estate sale under deed of trust.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bills (S. B. Nos. 399 and 418) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time and ordered to second reading.
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. 456, Relating to letters of merit in medical professional liability actions.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 456 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §55-7B-6 of the Code of West Virginia, 1931, as amended, relating to medical professional liability; allowing admissibility of letters of merit in actions against health care providers; and allowing testimony of a health care provider at trial or during a deposition upon issuing a letter of merit.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 456) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 484, Relating to procedure for removal of certain county, school district and municipal officers.
And has amended same.
And,
Senate Bill No. 489, Imposing statute of limitations on civil actions derived from surveying of real property.
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.
At the request of Senator Carmichael, unanimous consent being granted, the bills (S. B. Nos. 484 and 489) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time and ordered to second reading.
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. 508, Reorganizing Hatfield-McCoy Regional Recreation Authority.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (S. B. No. 508) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Gaunch, from the Committee on Interstate Cooperation, submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under consideration
Senate Bill No. 510, Amending Uniform Interstate Family Support Act.
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,
C. Edward Gaunch,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 523, Creating Alcohol and Drug Overdose Prevention and Clemency Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 523 (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 §16-47-1, §16-47-2, §16-47-3, §16-47-4, §16-47-5 and §16-47-6, all relating to obtaining emergency medical assistance for persons who may be experiencing alcohol or drug overdose; establishing short title; stating legislative findings; defining terms; providing immunity from prosecution in limited circumstances for persons who call for emergency medical assistance for person who reasonably appears to be experiencing drug or alcohol overdose; specifying required actions to be eligible for immunity from prosecution for certain misdemeanor offenses; providing seeking emergency medical assistance may be raised as mitigating factor at sentencing in certain criminal proceedings; providing limited immunity does not preclude civil claims based on violations of exempted misdemeanor criminal statutes; providing option of limited immunity from prosecution; providing deferred prosecution, pretrial diversion, adjudication in drug court and other clemency options for the court to consider for persons who experienced drug or alcohol overdose for whom emergency medical assistance was sought; allowing persons to plead guilty to certain exempted criminal offenses if desired; and providing law-enforcement personnel limited civil immunity in arresting or issuing citations, except in cases of willful, wanton and reckless misconduct.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 523) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 532, Relating to civil liability immunity for clinical practice plans and medical and dental 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 Finance.
Respectfully submitted,
Charles S. Trump IV,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
The Senate proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report had been filed at 11:40 a.m. today:
Eng. Com. Sub. for House Bill No. 2025, Prohibiting certain sex offenders from loitering within one thousand feet of a school or child care facility.
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 Carmichael, Blair and D. Hall:
Senate Bill No. 541--A Bill to amend and reenact §3-8-1a, §3-8-2, §3-8-3, §3-8-4, §3-8-5, §3-8-5a, §3-8-5b, §3-8-7, §3-8-8, §3-8-9, §3-8-10 and §3-8-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §3-8-9a, all relating generally to the regulation and control of elections; modifying what qualifies as a federal reporting exemption; requiring certain contributions be reported to State Election Commission within forty-eight hours of their receipt; deleting certain reports by membership organizations that raise funds for political purposes by payroll; permitting certain financial statements by mail or in person; requiring Secretary of State to maintain an online database; setting forth additional powers of State Election Commission; requiring Attorney General to provide assistance when requested; permitting a political committee to transfer funds to a national, state or local committee of a political party without limitation; permitting a candidate committee to contribute to another candidate committee for the purpose of retiring debt incurred during a prior election; permitting a political action committee to contribute to another political action committee; establishing expenditure limits by political party committees, political party caucuses and candidates; permitting candidates, after a general election, to transfer any unused contributions to state party executive committees, state party legislative caucus committees, local committees of a political party or any other candidate for public office without limitation; modifying and adding definitions; and creating criminal penalties.
Referred to the Committee on the Judiciary.
By Senators D. Hall, Carmichael, M. Hall, Gaunch, Trump, Blair and Nohe:
Senate Bill No. 542--A Bill to amend and reenact §46A-2-121, § §46A-2-122, §46A-2-125, §46A-2-126 and §46A-2-128 of the Code of West Virginia, 1931, as amended; to amend and reenact §46A-5-101 and §46A-5-106 of said code; and to amend said code by adding thereto a new section, designated §46A-5-107, all relating to unconscionability; defining "creditor", "debt collector" and "person"; engaging any person in a telephone conversation; failure to disclose a caller's identity; convenient time for communicating with a consumer; unreasonable publication by disclosure of caller's identity; affirmation of an obligation pursuant to bankruptcy law; means of giving notice of a consumer’s representation by an attorney; a ringing phone not answered by the consumer does not constitute a prohibited communication; damages and penalties for violation; no action may be brought more than four years after the violation or excess charge occurred; allowing time after discovery to correct an error without liability; adjustment of damages for inflation; and venue of an action or proceeding brought by a consumer.
Referred to the Committee on the Judiciary.
By Senator Trump:
Senate Bill No. 543--A Bill to amend and reenact §29-22A-10d and §29-22A-10e of the Code of West Virginia, 1931, as amended, all relating to transferring certain revenues derived from racetrack video lottery, lottery racetrack table games and lottery historic resort hotel gaming activities to the State Excess Lottery Revenue Fund for appropriation.
Referred to the Committee on Finance.
By Senators Sypolt, Stollings and D. Hall:
Senate Bill No. 544--A Bill to amend and reenact §18-2-7a of the Code of West Virginia, 1931, as amended, relating to procedures for body mass index screening in schools; establishing legislative findings; providing physical education and physical activity requirements for physical education classes in schools; establishing procedures for collecting body mass index data of students; allowing for the contracting for collecting body mass index of students; permitting or requiring parents and guardians of students to obtain body mass index data from a provider selected by the parent or guardian and to submit the results to the appropriate authority; requiring board to provide to parents information about the body mass index screening program; requiring board, in certain circumstances, to provide to parents and guardians a list of providers and information about screening services available in the community for parents and guardians who cannot afford a private provider; requiring that students not be subjected to body mass screening when parents or guardians do not wish for their children to be subjected to the same; requiring that prior written consent be obtained before any student is subjected to body mass screening; requiring that parents be advised of risks associated with body mass index screening and that parents or guardians be provided with information about appropriately addressing the risks; requiring that the confidentiality of each student be maintained and that each student’s privacy is protected by ensuring that each student is screened alone and not in the presence of other students or staff.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Nohe, Walters, Palumbo and Gaunch:
Senate Bill No. 545--A Bill to amend and reenact §31A-4-26 of the Code of West Virginia, 1931, as amended, relating to removing requirement of prior approval of overdrafts made by a director or executive officer of a banking institution under certain conditions.
Referred to the Committee on Finance.
By Senators Carmichael, Kessler and D. Hall:
Senate Bill No. 546--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-8A-1, §16-8A-2, §16-8A-3, §16-8A-4, §16-8A-5, §16-8A-6, §16-8A-7, §16-8A-8, §16-8A-9, §16-8A-10, §16-8A-11, §16-8A-12, §16-8A-13, §16-8A-14, §16-8A-15, §16-8A-16, §16-8A-17, §16-8A-18, §16-8A-19, §16-8A-20, §16-8A-21, §16-8A-22, §16-8A-23 and §16-8A-24, all relating to creating the Compassionate Use Act for Medical Cannabis; providing for protections for the medical use of cannabis; limitations of article; prohibiting discrimination; authorizing addition of debilitating medical conditions; registration of qualifying patients and designated caregivers; issuance of registry identification cards; affirmative defense and dismissal for medical marijuana; providing misdemeanor offense and criminal penalties for disclosing certain information; and otherwise providing for the enforcement of this article.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Stollings and D. Hall:
Senate Bill No. 547--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-24A-1, §19-24A-2, §19-24A-3, §19-24A-4, §19-24A-5, §19-24A-6, §19-24A-7 and §19-24A-8, all relating to creating the West Virginia Greyhound Racing Cessation Program; legislative findings and definitions; creating West Virginia Greyhound Racing Cessation Fund; and providing formulas for pay outs to greyhound racing entities and termination of the program and fund following verification that all pay outs have been made.
Referred to the Committee on Finance.
By Senators Blair, Karnes and Leonhardt:
Senate Bill No. 548--A Bill to amend and reenact §3-10-1, §3-10-3 and §3-10-4 of the Code of West Virginia, 1931, as amended, all relating to filling of vacancies in elected offices; and setting forth procedures for filling vacancies in office of United States Senator.
Referred to the Committee on the Judiciary.
By Senators M. Hall, Blair, Kessler, Unger and D. Hall:
Senate Bill No. 549--A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to classifying civilian positions within West Virginia State Police forensic laboratory; establishing salaries; and requiring a manual.
Referred to the Committee on Finance.
By Senators Kirkendoll, Kessler, Stollings and Unger:
Senate Bill No. 550--A Bill to amend and reenact §7-1-3ff of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-12-16 of said code, all relating to authorizing county commissions and municipalities to cooperate and enter into agreements removing or demolishing dwellings or buildings unfit for human habitation.
Referred to the Committee on Government Organization.
By Senators D. Hall, Kirkendoll, Leonhardt, Palumbo, Romano, Unger and Sypolt:
Senate Bill No. 551--A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended, relating to availability of military service credit for members of the West Virginia Public Employees Retirement System; clarifying that active service under Title 10 and Title 32 of the United States Code and active state service in the West Virginia National Guard qualify for military service credit; clarifying the methodology for awarding military service credit, clarifying the prohibition on use of military service to obtain military service credit in more than one retirement system administered by the board; clarifying applicability of liberality clause to the board's decisions to grant or deny requests for military service credit; and making other technical clarifications and corrections.
Referred to the Committee on Finance.
By Senator D. Hall:
Senate Bill No. 552--A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating to providing funds for Tourism Promotion Fund; requiring annual deposits from general revenue into Tourism Promotion Fund; creating subaccount of Tourism Promotion Fund; setting parameters for spending money in subaccount; detailing certain transfers of funds; and requiring Division of Tourism to conduct a study.
Referred to the Committee on Finance.
By Senators Sypolt, Blair, Karnes and Takubo:
Senate Bill No. 553--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-2-13, relating to establishing English language as official language of the state; requiring all state activities and records to be in English; defining a term; and providing exceptions.
Referred to the Committee on the Judiciary.
By Senator Walters:
Senate Bill No. 554--A Bill to amend and reenact §46A-6-102 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46A-6-111, all relating to limiting termination fee a provider of broadband/Internet service may impose.
Referred to the Committee on Finance.
By Senators Ferns, Blair and D. Hall:
Senate Bill No. 555--A Bill to amend and reenact §16-4C-3, §16-4C-4, §16-4C-5 and §16-4C-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §16-4C-4a, §16-4C-4b and §16-4C-5a, all relating to emergency medical services; continuing Office of Emergency Medical Services as an independent office within Department of Military Affairs and Public Safety; updating definitions; creating positions of Executive Director, Medical Director and Administrative Director for the office; establishing and clarifying powers and duties of directors; establishing Emergency Medical Services Commission with nine members; and requirements for state medical protocols.
Referred to the Committee on Government Organization.
By Senators M. Hall and Ferns:
Senate Bill No. 556--A Bill to amend and reenact §30-30-16 of the Code of West Virginia, 1931, as amended, relating to requirements for provisional social worker licenses.
Referred to the Committee on Government Organization.
By Senators D. Hall and Takubo:
Senate Bill No. 557--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; and to amend said article by adding thereto nine new sections, designated §30-20A-8, §30-20A-9, §30-20A-10, §30-20A-11, §30-20A-12, §30-20A-13, §30-20A-14, §30-20A-15 and §30-20A-16, all relating to licensing practice of athletic training; and providing criminal penalties.
Referred to the Committee on Health and Human Resources.
By Senators Trump, Blair and D. Hall:
Senate Bill No. 558--A Bill to amend and reenact §19-21A-8 of the Code of West Virginia, 1931, as amended, relating to powers and duties of a conservation district; and permitting conservation districts to award scholarships in limited amounts under certain circumstances.
Referred to the Committee on Finance.
By Senators M. Hall and Ferns:
Senate Bill No. 559--A Bill to amend and reenact §30-30-18 of the Code of West Virginia, 1931, as amended, relating to exemptions from the social work licensing requirements of this article.
Referred to the Committee on Government Organization.
By Senators Trump and D. Hall:
Senate Bill No. 560--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-1-22, relating to establishing a new special revenue fund for the purpose of collecting and remitting moneys to the State Treasury for use of certain advanced technology provided by Supreme Court of Appeals.
Referred to the Committee on Finance.
By Senators Laird and Kessler:
Senate Bill No. 561--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-20-1, §18B-20-2 and §18B-20-3, all relating to establishment of an Economic Adjustment Evaluation Task Force to study the impact of the closure or substantial change in the scope of operation of any campus of a state two- or four-year institution of higher learning; composition of task force; and report of task force to Joint Committee on Government and Finance.
Referred to the Committee on Finance.
By Senators Yost and Kessler:
Senate Bill No. 562--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-24, relating to requiring the Department of Health and Human Resources review rates paid to health care providers.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators D. Hall and Kessler:
Senate Bill No. 563--A Bill to amend and reenact §29-22A-7, §29-22A-8, §29-22A-9 and §29-22A-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22C-7 and §29-22C-29 of said code, all relating to eliminating the requirement the race tracks have agreements with the representatives of local horse owners, trainers, pari-mutuel clerks, breeders and kennel owners, to have a video lottery license; eliminating the prohibition against having automated teller machines in gaming area; allowing video lottery play on days when live or televised racing not conducted at racetrack; eliminating a procedure for local option election to eliminate video lottery; eliminating a procedure for local option election to eliminate table games; and allowing persons under twenty-one who are accompanied by an adult to cross a gaming area on a path approved by the commission to get to food service areas.
Referred to the Committee on Finance.
By Senators Trump and Nohe:
Senate Bill No. 564--A Bill to amend and reenact §22C-8-8 of the Code of West Virginia, 1931, as amended, relating to spacing of shallow horizontal wells on multiple well pads; and authorizing Shallow Gas Well Review Board grant waivers of minimum distance requirements for shallow wells.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Walters, D. Hall, Miller and Sypolt:
Senate Bill No. 565--A Bill to amend and reenact §11-10-11 of the Code of West Virginia, 1931, as amended, relating to authorizing the Tax Commissioner to collect tax, interest and penalties due and owing from payments to vendors and contractors from the Auditor and other state, county, district or municipal officers and agents; requiring the Auditor and other state, county, district or municipal officers and agents to certify to the Tax Commissioner the identity of payees prior to the first payment and prior to any subsequent payments; authorizing the Tax Commissioner to identify those payees who are not in good standing with the Tax Department; requiring the Auditor or issuing officer or agent to forward to the Tax Commissioner the lesser of the amount owed or the remaining amount of payment; requiring the Auditor or issuing officer or agent to notify the vendor or contractor of the amount being withheld; requiring payment be withheld until the vendor or contractor is in good standing with the Tax Department; specifying that, for contracts which are subject to county or municipal business and occupation tax, payments are withheld until released by the county or municipality after all business and occupation taxes have been paid, including any authorized transaction fee, additions to tax, interest and penalty; defining terms, excluding employees of this state, or any county, district or political subdivision thereof who receive no nonemployee compensation from treatment as vendors and contractors for purposes of specified provisions, authorizing the Tax Commissioner to enter into agreements to comply with mandates of the provision and to protect taxpayer information; authorizing the Tax Commissioner and the Auditor to propose legislative rules; and specifying effective date.
Referred to the Committee on Finance.
By Senator Takubo:
Senate Bill No. 566--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2, §11-13DD-3, §11-13DD-4, §11-13DD-5, §11-13DD-6, §11-13DD-7, §11-13DD-8, §11-13DD-9 and §11-13DD-10, all relating to establishing Hotel and Restaurant Renovation Tax Credit Act; legislative findings; defining terms; establishing credit amount; requiring application for certification of project; requiring application fee; directing credit to offset sales tax generated by project in excess of baseline sales tax amount; claiming credit; promulgating rules; and effective date.
Referred to the Committee on Finance.
By Senators Takubo, Leonhardt, Maynard, Nohe and Karnes:
Senate Bill No. 567--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-24, relating to Medicaid managed care expansion.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Takubo:
Senate Bill No. 568--A Bill to amend and reenact §9-7-1 and §9-7-6 of the Code of West Virginia, 1931, as amended, all relating to Medicaid fraud and abuse; and transferring the duties of the fraud control unit in the Department of Health and Human Resources to the Medicaid Fraud Control Unit of the Attorney General's office after July 1, 2016; and allowing the Attorney General to use contract attorneys to bring civil suits for Medicaid fraud.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Maynard, Karnes and Leonhardt:
Senate Bill No. 569--A Bill to amend and reenact §20-2-22a of the Code of West Virginia, 1931, as amended, relating to removing provision prohibiting bear hunting with outfitters.
Referred to the Committee on Natural Resources.
By Senator Walters:
Senate Bill No. 570--A Bill to amend and reenact §24-6-12 of the Code of West Virginia, 1931, as amended, relating to dispatching of towing services for emergency towing of vehicles.
Referred to the Committee on Government Organization.
By Senator Maynard:
Senate Bill No. 571--A Bill to amend and reenact §7-1-3cc of the Code of West Virginia, 1931, as amended; and to amend and reenact §24-6-4 of said code, all relating to requiring all "911" calls to be put on a log call sheet for verification.
Referred to the Committee on Government Organization.
By Senators Walters, Unger and Karnes:
Senate Bill No. 572--A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating generally to Tourism Promotion Fund; and distribution of moneys.
Referred to the Committee on Finance.
Senators Woelfel, Miller, Laird, Unger and Stollings offered the following resolution:
Senate Concurrent Resolution No. 34--Requesting the Division of Highways name bridge number 13-64-165.87 on Interstate 64 near Lewisburg, Greenbrier County, the “Army Air Corps LT William H. Corkerean, Jr., Memorial Bridge”.
Whereas, William H. Corkerean, Jr., was born on June 7, 1922, in Ronceverte, Greenbrier County. He lived in Ronceverte and was educated in Greenbrier County schools. He joined the West Virginia National Guard at age 15 in 1939 with his fathers's permission. He was employed by the Hecht Co. before entering military service in 1941. In the military, he was a B-17 pilot assigned to 390th BG 570th BS. On May 11, 1944, while piloting the 42-31971 “Twenty-One or Bust” on his twenty-third mission, the aircraft was hit by flak and crashed at Gilz-Rijer, Belgium. It was reported that he remained with the plane until it crashed; and
Whereas, William H. Corkerean, Jr., died defending the principals of freedom upon which his country, state and community were established; and
Whereas, Naming bridge number 13-64-165.87 on Interstate 64 near Lewisburg, Greenbrier County, the “Army Air Corps LT William H. Corkerean, Jr., Memorial Bridge” is an appropriate recognition of his contributions and his supreme sacrifice to his country, state, community and Greenbrier County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 13-64-165.87 on Interstate 64 near Lewisburg, Greenbrier County, the “Army Air Corps LT William H. Corkerean, Jr., Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Army Air Corps LT William H. Corkerean, Jr., Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the surviving relatives of William H. Corkerean, Jr.
Which, under the rules, lies over one day.
Senators Stollings and Unger offered the following resolution:
Senate Concurrent Resolution No. 35--Requesting the Division of Highways name bridge number 24-13-0.01 (24A089), locally known as Gary Bridge, carrying County Route 13 over the Tug Fork of the Big Sandy River in McDowell County the “U. S. Army CPL Zane Joseph Gero and U. S. Marine Cpl John Anthony ‘Tony’ Gero Memorial Bridge”.
Whereas, Zane Joseph Gero was born January 26, 1911, in Thorpe, McDowell County, into a coal-mining family of immigrant ancestors; and
Whereas, While attending Gary High School, Zane Joseph Gero led the Gary Coaldigger football team to many victories and received an honorable mention as a state football player/quarterback; and
Whereas, While attending Gary High School, Zane Joseph Gero was also the band drum-major and at half time would lead the band in its performance; and
Whereas, As a high school senior, Zane Joseph Gero won the title of state drum-major in a statewide competition; and
Whereas, Following high school, Zane Joseph Gero earned a bachelor's degree from Concord College qualifying him to teach social studies; and
Whereas, Concord College had no band at the time he enrolled there, so Zane Joseph Gero gained approval to start a band, now known as the Concord Commanders, and was the band leader; and
Whereas, Following college, as the emergency services chief for the U. S. Coal and Coke Company, Zane Joseph Gero taught volunteers to be well qualified in emergency responses, including fire and ambulance. He taught how to provide first response in mine accidents. In a partly segregated community Zane Joseph Gero was welcomed by all ethnic and racial groups. He spoke numerous languages and at times acted as an interpreter; and
Whereas, The coal company allowed Zane Joseph Gero to enlist in the U. S. Army and, following training, he was attached to General Joseph Patton's 3rd Army with a specialization in demolitions, land mine, bridge and highway issues, serving in 1944 and 1945; and
Whereas, Zane Joseph Gero reached the rank of corporal and served with Company C, 314th Battalion, 89th Infantry Division, 3rd Army; and
Whereas, Corporal Gero’s knowledge of several European languages helped him serve often as an interpreter. He led a squad which, under fire, helped put the first bridge across the Rhine River; and
Whereas, Corporal Gero’s squad, on a mission April 4, 1945, to find and clear a route for advancing troops, was moving through a wooded area near Ohrdruk, Germany, when they encountered a lightly guarded facility containing piles of corpses, ovens with human remains, a terrible stench and a few surviving internees. The unit had come across the first concentration camp to be liberated by United States troops. It was part of the Buchenwald Concentration Camp network; and
Whereas, Corporal Gero later became a social studies teacher at Berwind Middle School, was the Big Creek High School Band Director and was honored with the Freedom’s Foundation at Valley Forge Classroom Teacher’s Medal for, through his life and work, having made a significant contribution to a better understanding of the American way of life; and
Whereas, Corporal Gero died October 23, 1968, in Welch, West Virginia; and
Whereas, John Anthony “Tony” Gero, son of Zane Joseph Gero, was born August 22, 1947, in Welch, McDowell County; and
Whereas, John Anthony Gero was named for his father's friend, David Anthony, of New Martinsville, West Virginia, fulfilling a promise made by the senior Gero to his friend while the two were serving in Europe during World War II, to name any future son after him; and
Whereas, Members of the Gero family have served in the military as early as the American Revolution; and
Whereas, Marine Corporal John Anthony Gero was a sniper in the 1st Platoon, Company G, 2nd Battalion, 3rd Marines, 3rd Marine Division; and
Whereas, Marine Corporal John Anthony Gero was mortally wounded by friendly fire in combat in Vietnam and died on the U. S. Hospital Ship, USS Sanctuary, June 29, 1968; and
Whereas, Marine Corporal John Anthony Gero was buried with honors at Fort Rosecrans Military Cemetery in San Diego, California; and
Whereas, Marine Corporal John Anthony Gero was a late-discovered qualifying West Virginian to have his name on the State Capitol military monument and his name is on a list to be added to the monument in the future; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 24-13-0.01 (24A089), locally known as Gary Bridge, carrying County Route 13 over the Tug Fork of the Big Sandy River in McDowell County the “U. S. Army CPL Zane Joseph Gero and U. S. Marine Cpl John Anthony ‘Tony’ Gero Memorial Bridge”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army CPL Zane Joseph Gero and U. S. Marine Cpl John Anthony ‘Tony’ Gero Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.
Which, under the rules, lies over one day.
Senator Maynard offered the following resolution:
Senate Concurrent Resolution No. 36--Requesting the Division of Highways name the bridge on County Route 5/3, bridge number 24-5/3-3.10 (1030), crossing the Tug River in McDowell County the “Homer Hopkins Bridge”.
Whereas, Homer Allen Hopkins was born March 6, 1944, in Bradshaw, West Virginia, growing up in the time of the Depression with five other siblings. At age one, his family moved to Garland, a distance of 8.1 miles north from his birthplace. He has always been known locally for his hard working habits, even in his childhood days. He graduated high school in 1962 and enrolled at Nashville Auto Diesel College (now known as Lincoln College of Technology). He returned to Garland and in 1963 he married his wife, Joyce. After a brief move to Alexandria, Virginia, with wife and daughter, he returned to Garland, where he and his wife raised four children. In July 1975, he left his employment and opened up his own mining business. It seems that he would always find himself as a business owner creating jobs and new opportunities for everyone in and around the community of Garland. Besides the coal industry, he has also owned his own construction business as well as becoming a certified contractor and septic system installer. During his lifetime he has owned approximately 30 coal mines, with 500 employees. His construction career has resulted in building a total of eleven Dollar General stores throughout West Virginia, with three being in his home county. In 1985 he built a convenient store / gas station 2.6 miles from the residents of Garland family owned and operated as “Hopkins’ Best-Way”. In 1987, he built and opened “Hoppy’s Skating Rink” on the outskirts of Bradshaw, bringing a new activity and recreational option for the families of the area and all around McDowell County. Later in 1989, he opened “Bradshaw Auto Parts” and became the only automotive business in the area. He was also responsible for construction the Marquee Cinemas in Welch, McDowell County Ambulance Authority, Panther Fire Department, Iaeger City Hall, Iaeger High School announcement booth and the reconstruction of the high school’s football field after the flood in 2002; and
Whereas, Homer Hopkins has unselfishly spent his lifetime working for the betterment of his community and county and serving the needs of the people, whether it be charitable acts of kindness or continuing to work for the people in his community. He is now 71 years of age and still lives in the home he built board by board as a newlywed on his childhood stomping grounds. Homer loves nothing more than spending time with his family. He has four children and five grandchildren who all live within 10 minutes of his home, making it a very close-knit family; and
Whereas, Naming the bridge on County Route 5/3, bridge number 24-5/3-3.10 (1030), crossing the Tug River in McDowell County the “Homer Hopkins Bridge” is an appropriate recognition of his contributions to his state, community and McDowell County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge on County Route 5/3, bridge number 24-5/3-3.10 (1030), crossing the Tug River in McDowell County the “Homer Hopkins Bridge”; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Homer Hopkins Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and Homer Hopkins and his family.
Which, under the rules, lies over one day.
Senators Stollings, Unger, Kessler and D. Hall offered the following resolution:
Senate Resolution No. 39--Recognizing the town of Whitesville, West Virginia, for its designation as a Turn This Town Around community.
Whereas, Community development is a key mechanism to growing and improving communities across the state; and
Whereas, Whitesville has taken great strides to create a robust and engaged community; and
Whereas, The town of Whitesville showed great leadership in its application and selection as a Turn This Town Around 2015 community, with more that sixty applications and over four thousand votes; and
Whereas, Turn This Town Around, a program coordinated by West Virginia Focus Magazine, the West Virginia Community Development Hub and West Virginia Public Broadcasting, will work with the Town of Whitesville to provide financial resources, technical assistance, training and coaching to “turn the town around”; and
Whereas, The town of Whitesville is dedicated to community improvement and has demonstrated that commitment already through community development planning and will continue to exercise that commitment through multiple community improvement and engagement projects led by town leaders and local volunteers; and
Whereas, Whitesville hopes to utilize the Turn the Town Around opportunity to bring increased investment into the city and to grow community engagement in improving the town; and
Whereas, Whitesville has already taken great strides towards turning the town around and expects to see great success in the coming year; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the town of Whitesville, West Virginia, for its designation as a Turn This Town Around community; and, be it
Further Resolved, That the Senate recognizes the value and importance of local community leadership that promotes community development and revitalization; and, be it
Further Resolved, That the Senate commends Turn This Town Around Whitesville and the West Virginia Development Hub, West Virginia Focus Magazine and West Virginia Public Broadcasting for their dedication to improving the City of Whitesville and the collaborative community-driven development that will continue to grow and revitalize the Whitesville community over the coming years; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Turn This Town Around Whitesville and the West Virginia Community Development Hub.
At the request of Senator Stollings, 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 Woelfel, Plymale, Unger and Stollings offered the following resolution:
Senate Resolution No. 40--Celebrating the achievements and contributions of the 2014 Barboursville Intermediate Little League All-Stars team to the town of Barboursville, Cabell County and the citizens of the great State of West Virginia.
Whereas, The Barboursville Little League team won the West Virginia District 1 Championship before winning the West Virginia State Championship; and
Whereas, In the Southeast Regional series, played in Apopka, Florida, the Barboursville Little League team showed it meant business from the outset when it thumped host Florida, 18-4, in the opening game. They went 5-0 and outscored their opponents, 84-36. The closest call was an 11-9 win over South Carolina in the semifinal; and
Whereas, On July 20, 2014, the Barboursville Little League team pounded the ball from start to finish on that Sunday, capped by an 18-7 victory over Fort Myers American Team from Florida to capture the Southeast Regional Championship and secure a spot in the Little League World Series; and
Whereas, The Barboursville Little League team finished with a 12-2 record, placing them sixth in the World Series that was played in Livermore, California; and
Whereas, The Barboursville Little League team outscored opponents 193-69, had a batting average of .438, hit 25 home runs during the Southeast Regional and stole 22 bases in the World Series, one shy of the record; and
Whereas, The Barboursville Little League team beat state champions from North Carolina, Georgia, South Carolina and Florida to win the Southeast Region, beat teams from California and Michigan during the World Series and lost to eventual World Series Champions from Arizona; and
Whereas, The Barboursville Little League team players, Griffin Adkins, Kristian Gerwig, Brody Aliff, Jayce Gould, Brett Armbruster, Camron Lewis, Hogan Carter, Austin Petry, Trey Chapman, Ivan Vaughn, Luke Ellis and Peyton Weekly, Manager Coach Dell Adkins and coaches Randy Coyle and Pat Carter should be congratulated on their accomplishments; therefore, be it
Resolved by the Senate:
That the Senate hereby celebrates the achievements and contributions of the 2014 Barboursville Intermediate Little League All-Stars team to its town, Cabell County and the citizens of the great State of West Virginia; and, be it
Further Resolved, That the Clerk is directed to forward a copy of this resolution to the Barboursville Little League team.
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 Sypolt, and by unanimous consent, the remarks by Senators Woelfel and Plymale regarding the adoption of Senate Resolution No. 40 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 Carmichael, Unger, Stollings and D. Hall offered the following resolution:
Senate Resolution No. 41--Recognizing the city of Ripley, West Virginia, for its designation as a Turn This Town Around community.
Whereas, Community development and economic development guided by local leadership and implemented through community volunteerism is a significant benefit to all the communities in the state; and
Whereas, Ripley has taken great strides to create a robust and engaged community; and
Whereas, The City of Ripley showed great leadership in its application and election as a Turn This Town Around 2015 community; and
Whereas, Turn This Town Around, a program coordinated by West Virginia Focus Magazine, the West Virginia Community Development Hub and West Virginia Public Broadcasting, will work with the City of Ripley to provide financial resources, technical assistance, training and coaching to “turn the town around”; and
Whereas, The City of Ripley is dedicated to community improvement and has demonstrated that commitment already through community development planning and will continue to exercise that commitment through multiple community improvement and engagement projects led by town leaders and local volunteers; and
Whereas, Ripley hopes to utilize the Turn the Town Around opportunity to bring increased investment into the city and to grow community engagement in improving the town; and
Whereas, Ripley has taken great strides towards turning the town around and expects to see great success in the coming year; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the city of Ripley, West Virginia, for its designation as a Turn This Town Around community; and, be it
Further Resolved, That the Senate recognizes the value and importance of local community leadership that promotes community development and revitalization; and, be it
Further Resolved, That the Senate commends Turn This Town Around Ripley and the West Virginia Development Hub, West Virginia Focus Magazine and West Virginia Public Broadcasting for their dedication to improving the City of Ripley and the collaborative community-driven development that will continue to grow and revitalize the Ripley community over the coming years; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Turn This Town Around Ripley and the West Virginia Community Development Hub.
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.
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.
Petitions
Senators Blair, Boso, Gaunch, D. Hall, Nohe, Sypolt and Walters, respectively, presented petitions from numerous West Virginia residents, supporting Senate Bill No. 35 (Permitting carrying of concealed weapons without license).
Referred to the Committee on Government Organization.
At the request of Senator Carmichael, and by unanimous consent, the Senate returned to the fourth order of business.
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. 573 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as amended, relating to the number of magistrates to be seated in each county of the state and providing for the election thereof.
And reports the same back with the recommendation that it do pass; but with further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Trump, unanimous consent being granted, the bill (S. B. No. 573) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration.
On motion of Senator Trump, the bill was referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 32, Amending Joint Rules of Senate and House of Delegates by adding Joint Rule 31, Unfinished Business.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 33, Requesting Joint Committee on Government and Finance study undeveloped land preservation and conservation tax credit program.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Finance; and then to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 415, Relating to circuit judges.
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, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Williams, Woelfel, Yost and Cole (Mr. President)--31.
The nays were: None.
Absent: Miller, Mullins and Walters--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. 415) passed with its title.
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.
Senate Bill No. 89, Providing Prosecuting Attorneys Institute's council establish Executive Director's salary.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 283, Relating to branch banking.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 285, Relating to primary and subordinate mortgage loans.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Banking and Insurance, were reported by the Clerk and considered simultaneously:
On page four, section one, after line fifty-seven, by inserting a new subdivision, designated subdivision (h), to read as follows:
“(h) ‘Consumer credit sale’ means a consumer credit sale as defined in subdivision (13), section one hundred two, article one, chapter forty-six-a of this code;”;
And by relettering the remaining subdivisions;
On page sixteen, section eight, line two hundred, by striking out the words “and continuing until January 1, 2015,”;
And,
On page seventeen, section eight, line two hundred two, by striking out the words “with and in” and inserting in lieu thereof the word “and”.
Prior to the call of the roll, Senators Trump and Gaunch moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motions prevailed.
The question being on the adoption of the Banking and Insurance committee amendments to the bill, the same was put and prevailed.
The bill (S. B. No. 285), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 292, Relating to licenses for business of currency exchange, transportation or transmission.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 370, Reorganizing Governor's Committee on Crime, Delinquency and Correction and its subcommittees.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 445, Relating to investment of RJCFA excess funds.
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 Com. Sub. for Senate Bill No. 88, Creating WV Clearance for Access: Registry and Employment Screening Act.
Com. Sub. for Com. Sub. for Senate Bill No. 109, Relating to local indoor smoking prohibitions.
Senate Bill No. 403, Increasing period during which motor vehicle lien is valid.
Senate Bill No. 424, Eliminating compulsory tuberculosis testing for certain school children and school personnel.
Senate Bill No. 463, Making supplementary appropriation to DHHR, DHS, Health Care Provider Tax, Medicaid State Share Fund.
Senate Bill No. 466, Making supplementary appropriation of federal funds to Department of Commerce.
Senate Bill No. 467, Making supplementary appropriation of federal funds to Department of Agriculture, State Conservation Committee.
Senate Bill No. 469, Making supplementary appropriation of federal funds to DEP, Division of Environmental Protection.
Senate Bill No. 471, Making supplementary appropriation of federal funds to DHHR, Human Rights Commission, and DHHR, DHS.
Senate Bill No. 472, Making supplementary appropriation to DOT, DMV, Motor Vehicle Fees Fund.
Senate Bill No. 473, Making supplementary appropriation of federal funds to DMAPS, WV State Police.
Senate Bill No. 475, Making supplementary appropriation to DMAPS, Division of Corrections, Parolee Supervision Fees, and WV State Police, Motor Vehicle Inspection Fund.
Senate Bill No. 476, Making supplementary appropriation to Department of Administration, Division of Purchasing, Purchasing Improvement Fund.
Senate Bill No. 477, Supplementing, amending, decreasing and increasing appropriation from State Road Fund to DOH.
Senate Bill No. 498, Clarifying tax map rules apply to paper and electronic documents. Senate Bill No. 507, Relating to monitoring inmates' electronic communications.
Eng. House Bill No. 2212, Changing the amount of severance tax revenue annually dedicated to the West Virginia Infrastructure General Obligation Debt Service Fund.
Eng. House Bill No. 2213, Reducing the distributions to the West Virginia Infrastructure Fund.
And,
Eng. Com. Sub. for House Bill No. 2568, The Pain-Capable Unborn Child Protection Act.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Carmichael.
Thereafter, at the request of Senator Blair, and by unanimous consent, the remarks by Senator Carmichael were ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the respective requests of Senators Kirkendoll and Woelfel, the names of Senators Kirkendoll and Woelfel were removed as sponsors of Senate Concurrent Resolution No. 21 (Urging Congress call convention for proposal of constitutional amendments imposing fiscal restraints, limiting jurisdiction and setting term limits).
On motion of Senator Carmichael, leaves of absence for the day were granted Senators Miller, Mullins and Walters.
Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
On motion of Senator Carmichael, the Senate adjourned until tomorrow, Tuesday, February 24, 2015, at 11 a.m.
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