WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
FORTY-SECOND DAY
____________
Charleston, W. Va., Tuesday, February 24, 2015
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by Chaplain Jim Mitchell, Director of Chaplaincy, West Virginia State Police, Institute, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Ronald F. Miller, a senator from the tenth district.
Pending the reading of the Journal of Monday, February 23, 2015,
On motion of Senator Carmichael, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from the Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to the House of Delegates amendments to, and the passage as amended, with its House of Delegates amended title, to take effect from passage, of
Eng. Com. Sub. for Senate Bill No. 6, Relating to medical professional liability.
A message from The Clerk of the House of Delegates announced the adoption by that body of the committee of conference report, passage as amended by the conference report with its conference amended title, and requested the concurrence of the Senate in the adoption thereof, as to
Eng. Com. Sub. for House Bill No. 2002, Predicating actions for damages upon principles of comparative fault.
Whereupon, Senator Trump, from the committee of conference on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 2002, Predicating actions for damages upon principles of comparative fault.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses as to the amendments of the Senate to Engrossed Committee Substitute for House Bill No. 2002 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That the House of Delegates agree to the amendment of the Senate to the bill striking out everything after the enacting clause;
That both houses agree to the following amendments to the Senate amendment as follows:
On page three, section thirteen-c, line two, by striking out the words “equal to or”;
On page six, section thirteen-d, line eight, after the word “act” by changing the period to a colon and inserting the following proviso: Provided, That the plaintiff has been convicted of such felony, or if deceased, the jury makes a finding that the decedent committed such felony.;
And,
That both houses recede from their respective positions as to the title of the bill and agree to the same as follows:
Eng. Com. Sub. for House Bill No. 2002--A Bill to repeal §55-7-13 and §55-7-24 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §55-7-13a, §55-7-13b, §55-7-13c and §55-7-13d, all generally relating to predicating actions for damages upon principles of comparative fault; establishing the comparative fault standard; abolishing joint liability and implementing several liability; establishing how to consider the fault of parties and nonparties to a civil action; establishing how to consider the fault of, and the amounts paid by, settling parties; establishing how to reallocate any portion of a judgment a plaintiff is unable to collect; providing for the use of special interrogatories; establishing certain exceptions to several liability; clarifying fault may be imputed to another person who was acting as an agent or servant of another; establishing limits on liability where a plaintiff is involved in a felony criminal act; providing for the burden of proof and limitations; and defining terms.
Respectfully submitted,
John Shott, Chair, John B. McCuskey, Dana L. Lynch, Conferees on the part of the House of Delegates.
Charles S. Trump IV, Chair, Mitch Carmichael, Corey Palumbo, Conferees on the part of the Senate.
Senator Trump, Senate cochair of the committee of conference, was recognized to explain the report.
Thereafter, on motion of Senator Trump, the report was taken up for immediate consideration and adopted.
Engrossed Committee Substitute for House Bill No. 2002, as amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kirkendoll, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel and Cole (Mr. President)--28.
The nays were: Facemire, Kessler, Laird, Miller, Romano and Yost--6.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2002) passed with its conference amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 2010, Requiring the elections of justices of the West Virginia Supreme Court of Appeals, circuit court judges, family court judges and magistrates be nonpartisan and by division.
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. 2562--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-22-7a, relating to sales tax increment financing; authorizing recalculation of the base tax revenue amount, subject to specified limitations; specifying that, upon written request of the county commission, filed not later than April 30, 2015, with the Development Office, base tax revenue amounts greater than $1 million for a given district may be recalculated; specifying limitations on changes to the base tax revenue amount; specifying that the recalculated base tax revenue amount shall be used to determine the net annual district tax revenue amount for the district beginning on July 1, 2015; specifying that decrease to base tax revenue amount upon recalculation is limited to $1 million dollars; specifying that no adjustment, refund, payment or repayment of special district excise tax, or consumers sales and service tax and use tax, or net annual district tax revenue amount, or accrual thereof, attributable to periods prior to July 1, 2015, shall change the base tax revenue amount as recalculated; providing for the sharing of certain information respecting the district; defining terms; specifying that, if tax revenues in a sales tax increment financing district are deficient, such that the amount withheld in any month is insufficient to fully recover the base tax revenue amount attributable to that month, that such deficit shall be carried forward to subsequent months until the base tax revenue amount deficit is paid; and specifying that any unpaid deficit carried forward shall be discharged and set at zero on the first day of each fiscal year,
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2755--A Bill to amend and reenact §18-5-11a of the Code of West Virginia, 1931, as amended, relating to service and professional employee positions at jointly established schools.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2770--A Bill making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Division of Human Services, fund 5365, fiscal year 2015, organization 0511, by supplementing and amending the appropriation for the fiscal year ending June 30, 2015.
Referred to the Committee on Finance.
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
House Concurrent Resolution No. 83--Requesting the Joint Committee on Government and Finance to study the needs, challenges, and issues facing municipalities in this state as to the funding of their police and firefighter pension plans.
Referred to the Committee on Pensions; and then to the Committee on Rules.
The Senate proceeded to the fourth order of business.
Senator Nohe, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 289, Prohibiting insurance plans from charging higher copays, deductibles or coinsurance for certain cancer treatments.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 289 (originating in the Committee on Banking and Insurance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-4l; to amend said code by adding thereto a new section, designated §33-16-3x; to amend said code by adding thereto a new section, designated §33-24-7m; to amend said code by adding thereto a new section, designated §33-25-8j; and to amend said code by adding thereto a new section, designated §33-25A-8l, all relating to anti-cancer medications; providing accident and sickness insurance cover anti-cancer medications; providing direct health care services that cover anti-cancer medications; prohibiting certain copayments, deductibles or coinsurance for orally administered anti-cancer medications; prohibiting certain acts to comply with the requirements; defining terms; providing an effective date; and allowing cost containment measures.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
David Nohe,
Chair.
The bill (Com. Sub. for S. B. No. 289), 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. 291, Clarifying power of Attorney General to contract for outside legal services.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 291 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §5-3-3 and §5-3-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5-3-3a, all relating generally to appointment of assistants to the Attorney General; establishing competitive bidding process for the use of private attorneys in certain matters by the Attorney General; requiring reports on certain legal causes and matters to the Governor, President of the Senate and Speaker of the House; outlining contents of those reports; and defining terms.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Nohe, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 366, Creating Patient Protection and Transparency Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 366 (originating in the Committee on Banking and Insurance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-50-l, §33-50-2 and §33-50-3, all relating to the West Virginia Health Benefit Exchange; providing for publishing online information to assist consumers in making informed decisions concerning the purchase of a qualified health plan; and permitting rulemaking.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
David Nohe,
Chair.
The bill (Com. Sub. for S. B. No. 366), 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. 377, Limiting civil liability of pharmaceutical manufacturers or sellers providing warning to learned intermediary.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 377 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating generally to manufacturers and sellers of prescription drugs and medical devices and liability of those entities for alleged inadequate warning or instruction; and adopting the learned intermediary doctrine as defense to civil action based upon inadequate warnings or instructions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 393, Reforming juvenile justice system.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 393 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §49-1-206 of the Code of West Virginia, 1931, as amended; to amend and reenact §49-2-907, §49-2-1002 and §49-2-1003 of said code; to amend said code by adding thereto two new sections, designated §49-2-912 and §49-2-913; to amend and reenact §49-4-403, §49-4-406, §49-4-409, §49-4-702, §49-4-711, §49-4-712, §49-4-714, §49-4-718, and §49-4-719 of said code; to amend said code by adding thereto four new sections, designated §49-4-413, §49-4-702a, §49-4-724 and §49-4-725; to amend and reenact §49-5-103 of said code; and to amend said code by adding thereto a new section, designated §49-5-106, all relating generally to juvenile justice reform; defining terms; providing that juveniles may only be transferred to juvenile diagnostic centers under certain circumstances; requiring dedication of a percentage of funding for community services to evidence-based practices; establishing criteria for transition to juvenile’s home setting following out-of-home placement; providing for cooperative agreements solely between the Department of Health and Human Resources and private agencies to house status offenders; establishing community-based youth reporting centers; establishing Juvenile Justice Reform Oversight Committee; providing for multidisciplinary team meetings; establishing members of multidisciplinary team; providing that multidisciplinary team shall advise court on treatment and rehabilitation plans for juvenile; providing that multidisciplinary team shall monitor juvenile’s progress; requiring aftercare plan for all juvenile out-of-home placements; providing prepetition diversion process for juveniles who commit truancy offenses, status offenses and nonviolent misdemeanor offenses, effective July 1, 2016; providing requirements for prepetition diversion programs; authorizing probation officers to participate in prepetition diversion programs; allowing truancy or treatment programs existing in a judicial circuit as of January 1, 2015, to continue to operate notwithstanding new requirements; establishing prepetition review team; requiring court to consider results of risk and needs assessment of the juvenile prior to dispositional proceedings; requiring inclusion of accepted treatment and rehabilitation plan for juveniles in certain findings of fact; providing that a juvenile adjudicated as a status offender may not be placed in out-of-home placement in certain circumstances; prohibiting placement of a juvenile adjudicated as a status offender within a Division of Juvenile Services facility on or after January 1, 2016; providing that a juvenile adjudicated delinquent for a nonviolent misdemeanor offense may not be placed in out-of-home placement in certain circumstances; providing that time served by a juvenile in a detention center pending adjudication, disposition or transfer be taken into account during sentencing; requiring court to issue certain findings of fact if a juvenile is to be placed in a residential facility; providing for standardized screener to conduct an evaluation of the juvenile in certain circumstances; permitting court to include reasonable and relevant orders to parents in its disposition order for a juvenile; establishing review and modification procedures for probation dispositional orders; authorizing Supreme Court of Appeals to develop community-based juvenile probation sanctions and incentives; establishing individualized case planning; providing that a juvenile may be referred to a truancy diversion specialist prior to filing of petition; providing for prepetition counsel and advice; providing for adoption of risk and needs assessment and validation; authorizing creation of restorative justice programs; providing for disclosure of juvenile records to Department of Health and Human Resources and Division of Juvenile Services for case planning; providing for data collection related to juvenile justice outcomes and disproportional minority contact; and making technical revisions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator D. Hall, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:
Your Committee on Agriculture and Rural Development has had under consideration
Senate Bill No. 413, Relating to pesticide control licensing requirements.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 413 (originating in the Committee on Agriculture and Rural Development)--A Bill to amend and reenact §19-16A-12 of the Code of West Virginia, 1931, as amended, relating to pesticide control; and requiring certain additional requirements for commercial applicators.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Daniel J. Hall,
Chair.
At the request of Senator Blair, as chair of the Committee on Government Organization, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Agriculture and Rural Development.
Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 416, Relating to hotel occupancy tax.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 416 (originating in the Committee on Finance)--A Bill to repeal §7-18-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §7-18-1 and §7-18-3 of said code, all relating to eliminating exemption from hotel occupancy taxes on rental of hotel and motel rooms for thirty or more consecutive days; redefining certain terms; exempting certain hotel rooms occupied by federal or state officials on official business; and exempting complimentary hotel rooms provided without charge to guests.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Mike Hall,
Chair.
Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 434, Relating to horse racing.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Mike Hall,
Chair.
Senator D. Hall, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:
Your Committee on Agriculture and Rural Development has had under consideration
Senate Bill No. 527, Eliminating certain qualification requirements of Commissioner of Agriculture.
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,
Daniel J. Hall,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 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.
Respectfully submitted,
Mike Hall,
Chair.
Senator Nohe, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Concurrent Resolution No. 37 (originating in the Committee on Banking and Insurance)--Requesting Joint Committee on Government and Finance study future legislation relating to the pharmaceutical benefits management industry in the State of West Virginia.
Whereas, In most areas of West Virginia, the complexities of prescription drug programs administered by pharmacy benefit managers (PBM) are impacting pharmacies; and
Whereas, PBMs influence and impact consumers’ purchases of prescriptions drugs; and
Whereas, PBMs contract with out-of-state prescription drug manufacturers for the purpose of selling prescription drugs to West Virginia consumers; and
Whereas, The State uses PBMs to administer several prescription drug programs for its employees, retirees and beneficiaries of Medicaid; and
Whereas, PBMs can be a vital benefit to consumers, pharmacies and state agencies; and
Whereas, There may be a need for oversight or regulation of PBMs, including, but not limited to, establishing criteria for contracts between PBMs and pharmacies and criteria for provider manuals that pharmacies are required to comply with by the PBMs, timely adjustments with reimbursements to pharmacies, pricing of prescriptions, auditing and appeal processes and the impact on consumer selection, consumption and cost of prescriptions ; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the pharmaceutical benefits management industry in the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature on the first day of the regular session, 2016, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
David Nohe,
Chair.
At the request of Senator Nohe, unanimous consent being granted, the resolution (S. C. R. No. 37) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration.
On motion of Senator Nohe, the resolution was referred to the Committee on Rules.
Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2523, Creating a special revenue account to offset costs for the West Virginia State Police 100th Anniversary in 2019.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Mike Hall,
Chair.
Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. House Bill No. 2576, Creating new code sections which separate the executive departments.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Craig Blair,
Chair.
The Senate proceeded to the sixth order of business.
Senators Walters and Stollings offered the following resolution:
Senate Resolution No. 42--Congratulating the Famous Superstars Cheerleading Team for winning the 2013-2014 Universal Spirit National Championship and the COA National Championship.
Whereas, The Famous Superstars completed an amazing 2013-2014 cheerleading season, finishing as Champions in the Universal Spirit and the COA National Championship; and
Whereas, The Famous Superstars are led by owners and coaches Brian Gravely and Amara Green, coach Ashley Sommer and gymnastics instructors Jon Thomas, Carolyn Taylor, Tyheim Ford and Tyler Counts; and
Whereas, The Famous Superstars team of cheerleaders competed and won the Universal Spirit National Championship in the Small Coed Level 4 category and the COA National Championship in the Small Junior 3 category; and
Whereas, The Famous Superstars are a shining example of what can be accomplished with hard work, dedication and commitment; and
Whereas, The Famous Superstars accomplished this outstanding athletic feat for the past two years and have won in eight different categories while competing in seven separate championships over the span of four years; and
Whereas, The Famous Superstars displayed their strong will and fierce determination for an entire season and will be remembered as one of the best cheerleading teams in West Virginia history; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Famous Superstars Cheerleading Team for winning the 2013-2014 Universal Spirit National Championship and the COA National Championship; and, be it
Further Resolved, That the Senate acknowledges the dedication and commitment of each individual coach and athlete which resulted in the Famous Superstars winning championship season; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Famous Superstars Cheerleading Team.
At the request of Senator Walters, 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 Walters, Yost, Stollings and Plymale offered the following resolution:
Senate Resolution No. 43--Congratulating the Linsly School hockey team for winning its third consecutive West Virginia State Hockey Championship.
Whereas, The Linsly School hockey team finished its 2014-15 season winning its third consecutive West Virginia State Hockey Championship; and
Whereas, The Linsly School hockey team earned the 11th Annual Bob Otten Trophy after defeating Wheeling Park with a score of 7-3; and
Whereas, The Bob Otten trophy was established to honor the dedication and vision of Mr. Bob Otten, who co-founded the Wheeling Amateur Hockey Association; and
Whereas, Captain Kaden Cook acquired the Most Valuable Player award during the championship game; and
Whereas, The Linsly hockey program offers a development program for players of all ages and all skill levels while offering a competitive schedule which includes an annual tournament, a conference championship tournament and a chance to compete for the state championship; and Whereas, The hockey team is led by head coach Stefan Brannare and assistant coaches C. J. Willcox and Brad Wilson, and includes team members Cameron Cook, Kaden Cook, David Coram, Lukas Krukovski, Tomas Krukovski, Tyler Kurtz, Charles Machiko, Michael Machiko, Bryan McKenzie, Gian Oliver, Jordan Patrick, Clemens Raitmayr, Seth Storch, Andrew Vargo, Logan Welch and Mitchel Williams; and
Whereas, The Linsly hockey team is a shining example of what can be accomplished with hard work, dedication and team work, and for its efforts, will be remembered as one of the best hockey teams ever assembled in West Virginia high school history; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Linsly School hockey team for winning its third consecutive West Virginia State Hockey Championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Linsly School hockey team.
At the request of Senator Walters, 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.
Senator Carmichael moved that the Senate Committee on Finance be discharged from further consideration of
Com. Sub. for Senate Bill No. 14, Creating Public Charter Schools Act of 2015.
Senator M. Hall then moved the previous question, which motion prevailed.
Senator Kessler arose to a point of order that on yesterday, Monday, February 23, 2015, Committee Substitute for Senate Bill No. 14 was postponed indefinitely in the Committee on Finance and that under Jefferson’s Rule No. 443, which states in part, “. . . if they wish to suppress it for the whole of that session, they postpone it indefinitely”; therefore, no further action can be considered.
Which point of order, the President ruled not well taken.
Senator Kessler then appealed the ruling of the Chair, and on this question, Senator Kessler demanded the yeas and nays.
Senator Carmichael moved the previous question, which motion prevailed.
Following a point of inquiry to the President, with resultant thereto,
The question being “Shall the Chair be sustained?”
The roll being taken, the yeas were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Nohe, Sypolt, Takubo, Trump, Walters and Cole (Mr. President)--18.
The nays were: Beach, Facemire, Kessler, Kirkendoll, Laird, Miller, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Unger, Williams, Woelfel and Yost--16.
Absent: None.
So, a majority of those present and voting having voted in the affirmative, the President declared the Chair sustained.
The question now being on the adoption of Senator Carmichael’s motion that the Committee on Finance be discharged from further consideration of Committee Substitute for Senate Bill No. 14, the same was put.
The result of the voice vote being inconclusive, Senator Kessler demanded a division of the vote.
A standing vote being taken, there were eighteen “yeas” and sixteen “nays”.
Whereupon, the President declared Senator Carmichael’s aforestated motion had prevailed.
Thereafter, the bill was placed on the Senate first reading calendar.
Petitions
Senator Nohe presented a petition from K. A. Hammons and two Pleasants County residents, opposing Senate Bill No. 35 (Permitting carrying of concealed weapons without license).
Referred to the Committee on Government Organization.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 34, Requesting DOH name bridge in Greenbrier County "Army Air Corps LT William H. Corkerean, Jr., Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 35, Requesting DOH name bridge in McDowell County "U. S. Army CPL Zane Joseph Gero and U. S. Marine Cpl John Anthony 'Tony' Gero Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 36, Requesting DOH name bridge in McDowell County "Homer Hopkins Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 89, Providing Prosecuting Attorneys Institute's council establish Executive Director's salary.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 89) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 283, Relating to branch banking.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Senator Trump moved to be excused from voting on any matter pertaining to the bill under rule number forty-three of the Rules of the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kirkendoll, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Takubo, Walters, Williams, Woelfel and Cole (Mr. President)--26.
The nays were: Facemire, Kessler, Laird, Miller, Romano, Unger and Yost--7.
Absent: None.
Excused from voting: Trump--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 283) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 285, Relating to primary and subordinate mortgage loans.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Senator Trump moved to be excused from voting on any matter pertaining to the bill under rule number forty-three of the Rules of the Senate, which motion prevailed.
Following a point of inquiry to the President, with resultant response thereto,
The question being “Shall Engrossed Senate Bill No. 285 pass?”
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Takubo, Unger, Walters, Williams, Woelfel and Cole (Mr. President)--28.
The nays were: Facemire, Kessler, Miller, Romano and Yost--5.
Absent: None.
Excused from voting: Trump--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 285) passed.
At the request of Senator Nohe, as chair of the Committee on Banking and Insurance, and by unanimous consent, the unreported Banking and Insurance committee amendment to the title of the bill was withdrawn.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Senate Bill No. 285--A Bill to amend and reenact §31-17-1 and §31-17-8 of the Code of West Virginia, 1931, as amended, all relating to mortgage loans subject to the West Virginia Residential Mortgage Lender, Broker and Servicer Act; including consumer credit sales that are secured by a mortgage, deed of trust or other equivalent consensual security interest on a dwelling or residential real estate in the definitions of "primary mortgage loan" and "subordinate mortgage loan"; defining “consumer credit sale”; providing an exception to the prohibition of balloon payments; providing an exception to the prohibition on requiring terms of repayment which do not result in continuous monthly reduction of the original principal amount of the loan; and further extending the exception to the ban on loans greater than one hundred percent LTV for loan modifications or refinancing loans done through and in compliance with government programs or litigation settlements.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
On motion of Senator Carmichael, the Senate recessed until 1 p.m. today.
Upon expiration of the recess, the Senate reconvened and resumed consideration of its third reading calendar, the next bill coming up in numerical sequence being
Eng. Senate Bill No. 292, Relating to licenses for business of currency exchange, transportation or transmission.
On third reading, coming up in regular order, was reported by the Clerk.
Senator Beach requested that the bill be read fully and distinctly.
The question being “Shall Engrossed Senate Bill No. 292 pass?”
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 292) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 370, Reorganizing Governor's Committee on Crime, Delinquency and Correction and its subcommittees.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 370) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Senate Bill No. 370--A Bill to amend and reenact §15-9-1, §15-9-2, §15-9-3 and §15-9-5 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §15-9-6; to amend and reenact §15-9A-1, §15-9A-2 and §15-9A-3 of said code; to amend and reenact §15-9B-1 and §15-9B-2 of said code; to amend and reenact §30-29-2, §30-29-3, §30-29-4, §30-29-5, §30-29-6 and §30-29-7 of said code; and to amend and reenact §62-11C-2, §62-11C-3, §62-11C-4, §62-11C-6 and §62-11C-8 of said code, all relating to codifying provisions relating to the Governor’s Committee on Crime, Delinquency and Correction and its subcommittees; reorganizing the committee and certain subcommittees; continuing the Governor’s Committee on Crime, Delinquency and Correction and providing for membership, terms and authority of the chair; requiring facility inspection in accordance with the Prison Rape Elimination Act; granting authority to the Governor’s Committee on Crime, Delinquency and Correction to establish bylaws, policies and procedures; establishing responsibilities of the Governor’s Committee on Crime, Delinquency and Correction; stating legislative findings; designating a staffing agency for the Governor’s Committee on Crime, Delinquency and Correction and providing authority and responsibilities; establishing duties of the Director of the Governor’s Committee on Crime, Delinquency and Correction; establishing membership criteria and subcommittee status of the Sexual Assault Forensic Examination Commission; establishing powers and duties of the Sexual Assault Forensic Examination Commission; establishing membership criteria and subcommittee status of the Law-Enforcement Professional Standards Subcommittee; establishing powers and duties of the Law-Enforcement Professional Standards Subcommittee; providing for uses of fees collected for the Law-Enforcement Professional Standards Subcommittee and authorizing adjustments of such fees by legislative rule; establishing the Community Corrections Subcommittee, membership and authority; and making technical edits.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 445, Relating to investment of RJCFA excess funds.
On third reading, coming up in regular order, was reported by the Clerk.
Senator Beach requested that the bill be read fully and distinctly.
The question being “Shall Engrossed Senate Bill No. 445 pass?”
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 445) 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. 24, Prohibiting public officials and employees from using public funds for self promotion.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 88, Creating WV Clearance for Access: Registry and Employment Screening Act.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Ferns, the following amendment to the bill was reported by the Clerk and adopted:
On page thirteen, section five, line three, by striking out the words “section three” and inserting in lieu thereof the word “four”.
The bill (Com. Sub. for Com. Sub. for S. B. No. 88), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 109, Relating to local indoor smoking prohibitions.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Carmichael, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Com. Sub. for Senate Bill No. 140, Amending State Administrative Procedures Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 199, Authorizing miscellaneous agencies and boards promulgate legislative rules.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 273, Relating to brewer, resident brewer and brewpub licensing and operations.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 304, Relating to farmers markets.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Agriculture and Rural Development, was reported by the Clerk and adopted:
On page four, section three, line eight, by striking out the words “$25 and is valid for a period of two years” and inserting in lieu thereof the words “$15 annually”.
The bill (S. B. No. 304), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 351, Relating to charitable organization contribution levels requiring independent audit reports.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 353, Designating State Police Superintendent administrator and enforcer of motor vehicle inspection program.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 360, Repealing code sections relating to book indexes and claims reports required by court clerks.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 373, Allowing wireless communication image serve as proof of motor vehicle insurance.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 399, Relating to hospitals owned or operated by nonprofit corporations or associations or local governmental units.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 403, Increasing period during which motor vehicle lien is valid.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 418, Relating to trustee real estate sale under deed of trust.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Romano, the following amendment to the bill was reported by the Clerk:
On page two, section seven, after line sixteen, by inserting a new subsection, designated subsection (c), to read as follows:
(c) If owner-occupied residential real property is sold at a trustee’s sale under a deed of trust, and the real property is purchased at the sale by the secured lender or an affiliate of the secured lender, and thereafter the purchaser sells the real property to a subsequent purchaser for more than the price paid at the trustee’s sale, then the excess amount realized by the purchaser, after deduction of expenses of holding, preparing for sale and selling the property, above the amount realized at the trustee’s sale, shall be applied to reduce the deficiency balance, if any, owed to the secured lender. If the deficiency balance is paid in full, the purchaser may retain the remaining proceeds of the sale of the property.
Senator Trump moved to be excused from voting on any matter pertaining to the bill under rule number forty-three of the Rules of the Senate, which motion prevailed.
The question being on the adoption of Senator Romano’s amendment to the bill (S. B. No. 418), the same was put.
The result of the voice vote being inconclusive, Senator Romano demanded a division of the vote.
A standing vote being taken, there were fourteen “yeas” and seventeen “nays”.
Whereupon, Senator Cole (Mr. President) declared Senator Romano’s amendment to the bill rejected.
The bill (S. B. No. 418) was then ordered to engrossment and third reading.
Senate Bill No. 424, Eliminating compulsory tuberculosis testing for certain school children and school personnel.
On second reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Sypolt, the bill was recommitted to the Committee on Education.
Com. Sub. for Senate Bill No. 456, Relating to letters of merit in medical professional liability actions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 463, Making supplementary appropriation to DHHR, DHS, Health Care Provider Tax, Medicaid State Share Fund.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 466, Making supplementary appropriation of federal funds to Department of Commerce.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 467, Making supplementary appropriation of federal funds to Department of Agriculture, State Conservation Committee.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 469, Making supplementary appropriation of federal funds to DEP, Division of Environmental Protection.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 471, Making supplementary appropriation of federal funds to DHHR, Human Rights Commission, and DHHR, DHS.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 472, Making supplementary appropriation to DOT, DMV, Motor Vehicle Fees Fund.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 473, Making supplementary appropriation of federal funds to DMAPS, WV State Police.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 475, Making supplementary appropriation to DMAPS, Division of Corrections, Parolee Supervision Fees, and WV State Police, Motor Vehicle Inspection Fund.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 476, Making supplementary appropriation to Department of Administration, Division of Purchasing, Purchasing Improvement Fund.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 477, Supplementing, amending, decreasing and increasing appropriation from State Road Fund to DOH.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 484, Relating to procedure for removal of certain county, school district and municipal officers.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 489, Imposing statute of limitations on civil actions derived from surveying of real property.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 498, Clarifying tax map rules apply to paper and electronic documents.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 507, Relating to monitoring inmates' electronic communications.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 508, Reorganizing Hatfield-McCoy Regional Recreation Authority.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:
On page thirteen, section three, lines eleven and twelve, by striking out the words “or who is associated with a mining, logging, natural gas or other resource-extraction industry or who is a licensed land surveyor or licensed professional engineer”;
And,
On page thirteen, section three, line fifteen, after the word “county” by inserting the following: “or who is associated with a mining, logging, natural gas or other resource-extraction industry or who is a licensed land surveyor or licensed professional engineer”.
The bill (S. B. No. 508), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 523, Creating Alcohol and Drug Overdose Prevention and Clemency Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. House Bill No. 2212, Changing the amount of severance tax revenue annually dedicated to the West Virginia Infrastructure General Obligation Debt Service Fund.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2213, Reducing the distributions to the West Virginia Infrastructure Fund.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Carmichael, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for House Bill No. 2568, The Pain-Capable Unborn Child Protection Act.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Carmichael, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Eng. House Bill No. 2669, Relating to compulsory tuberculosis testing.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
Eng. Com. Sub. for Senate Bill No. 14, Creating Public Charter Schools Act of 2015.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Pending announcement of meetings of standing committees of the Senate, including majority and minority party caucuses,
On motion of Senator Carmichael, the Senate recessed until 5 p.m. today.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Carmichael, and by unanimous consent, 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. 63, Redefining facilities eligible for funding assistance from Courthouse Facilities Improvement Authority.
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.
At the request of Senator M. Hall, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
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. 347, Creating Firearms Act of 2015.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 347 (originating in the Committee on the Judiciary)--A Bill to repeal §61-7-3 and §61-7-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §20-2-5 and §20-2-6a of said code; and to amend and reenact §61-7-4 of said code, all relating to creating the West Virginia Firearms Act of 2015; removing requirement one must have a license to carry a concealed handgun; repealing exceptions section of said code to prohibitions against carrying concealed handguns without a license and removing exemptions from licensing fees; authorizing carrying a handgun for purposes of self defense while in the woods of this state whether concealed or not; providing that if findings of fact and conclusions of law of the court fail to uphold denial of a license, the applicant is entitled to reasonable costs and attorney's fees, payable by the sheriff's office which issued denial; defining who is prohibited from possessing firearms and retaining criminal penalties for violations; and establishing procedure for sheriff in determining eligibility for license when license holder changes home county.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator D. Hall, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 409, Creating Fair and Open Competition in Governmental Construction Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 409 (originating in the Committee on Labor)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-22-3, relating to establishing the Fair and Open Competition in Governmental Construction Act; providing legislative findings; defining terms; prohibiting project labor agreements from being part of the competitive bid process on governmental construction projects; prohibiting project labor agreements from being a condition for receiving a grant, tax abatement or tax credit for construction projects; providing exclusions; and establishing a process for an exemption.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Daniel J. Hall,
Chair.
At the request of Senator Trump, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Labor.
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. 411, Creating Asbestos Bankruptcy Trust Claims Transparency Act and Asbestos and Silica Claims Priorities Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 411 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5, §55-7E-6, §55-7E-7, §55-7E-8, §55-7E-9, §55-7E-10 and §55-7E-11; and that said code be amended by adding thereto a new article, designated §55-7F-1, §55-7F-2, §55-7F-3, §55-7F-4, §55-7F-5, §55-7F-6, §55-7F-7, §55-7F-8, §55-7F-9 and §55-7F-10, all relating to procedures for determining liability for exposures to asbestos or silica; setting forth findings and purposes; setting forth definitions; requiring disclosures of existing and potential asbestos bankruptcy trust claims; establishing legal standards and procedures for the handling of certain asbestos and silica claims; providing for sanctions; establishing procedures for set offs and credits; establishing medical criteria procedures for certain asbestos and silica claims; providing for statute of limitations standards and other limitations on liability; and providing for applicability future asbestos and silica claims.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Walters, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 486, Exempting WV Wing of Civil Air Patrol vehicles from displaying WV State Car license plate.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 486 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17A-3-23 of the Code of West Virginia, 1931, as amended, relating to removing requirement for vehicles operated by West Virginia Wing of the Civil Air Patrol to display front license plates with white lettering on a green background bearing the words “West Virginia” in one line and the words “State Car” in another line; authorizing special license plates for Civil Air Patrol vehicles; and establishing fee to be paid per special license plate.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Chris Walters,
Chair.
Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 503, Permitting sheriff hire outside attorneys for tax collection assistance.
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,
Craig Blair,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 518, Permitting county and municipal economic development authorities invest certain funds.
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,
Craig Blair,
Chair.
At the request of Senator M. Hall, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
Senator Sypolt, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 537, Changing mandatory school instructional time from days to minutes.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 537 (originating in the Committee on Education)--A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to school calendar; and changing mandatory instructional days from one hundred eighty days to minutes based upon minimum amount of hours of instruction offered to students provided by state board rules.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Dave Sypolt,
Chair.
Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 559, Relating to social work licensing exemptions.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Craig Blair,
Chair.
Senator Walters, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 6, Requesting DOH name bridge in Raleigh County "John Thomas Scott II Memorial Bridge".
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Chris Walters,
Chair.
Senator Walters, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 14, Requesting DOH erect signs in Marion County designated "Home of Francis H. Pierpont".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 14 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways erect signs along Interstate-79 at locations entering Marion County on the borders of Harrison and Monongalia counties and the signs shall respectively exhibit “Home of Francis H. Pierpont -- Father of West Virginia and Governor of Restored Virginia”.
Whereas, Francis H. Pierpont was one of the Delegates to the Great Railroad Convention to develop a strategy to bring the Baltimore and Ohio Railroad into Marion County; and
Whereas, Francis H. Pierpont, working along with James Otis Watson, opened the first rail-shipping bituminous coal mine west of the Allegheny Mountains; and
Whereas, May 13, 1861, Francis H. Pierpont became Delegate of the First Wheeling Convention; and
Whereas, June 20, 1861, Francis H. Pierpont was elected Provisional Governor of Restored Virginia by a unanimous 77 votes; and
Whereas, May 13, 1862, Francis H. Pierpont called a special session of the Restored Virginia General Assembly which granted counties in Northwestern Virginia permission for their separation from the remainder of Virginia and the formation of a new state into the Union: West Virginia; and
Whereas, May 22, 1862, Francis H. Pierpont was elected Governor of the Restored Virginia; and
Whereas, June 1863, Francis H. Pierpont declined to be Governor of West Virginia - remaining Governor of Restored Virginia until April, 4 1868; and
Whereas, In 1869, Francis H. Pierpont was elected to the West Virginia Legislature; and
Whereas, Francis H. Pierpont established the first local school for African Americans; and
Whereas, April 30, 1910, a statue honoring Francis H. Pierpont as the “Father of West Virginia” was accepted by the Capitol Building in Washington, D. C., one of only two statues representing West Virginia in Statuary Hall in the United States Capitol Building; and
Whereas, Stephen B. Elkins, former Secretary of War, on the day of the statue dedication proclaimed, “He (Francis H. Pierpont) founded a state whose people will love and bless his memory as the sun rolls on.”; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to erect signs along Interstate-79 at locations entering Marion County on the borders of Harrison and Monongalia counties and the signs shall respectively exhibit “Home of Francis H. Pierpont -- Father of West Virginia and Governor of Restored Virginia”; and, be it
Further Resolved, That the Division of Highways is to have made and be placed brown-colored signs along Interstate 79 at locations entering Marion County on the borders of Harrison and Monongalia counties and said signs shall respectively exhibit “Home of Francis H. Pierpont -- Father of West Virginia and Governor of Restored Virginia”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Marion County Commission and the Marion County Historical Society.
With the recommendation that the committee substitute be adopted.
Respectfully submitted,
Chris Walters,
Chair.
Senator Walters, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 18, Requesting DOH name bridge in Wetzel County "U. S. Army COL William L. Glover Memorial Bridge".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 18 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways name the bridge on WV Route 20 over Fishing Creek, South Fork, in Wetzel County, locally known as the Pine Grove Bridge, bridge number 52-20-16.04, as the “U. S. Army COL William L. Glover Memorial Bridge”.
Whereas, Colonel Glover was born in Pine Grove, West Virginia, on May 27, 1939, the son of Herdman and Merle Glover, and graduated from Pine Grove High School in 1957; and
Whereas, Colonel Glover attended West Virginia University and was a member of the ROTC program. He graduated in 1961 with a degree in business and entered the United States Army as a Second Lieutenant; and
Whereas, During his distinguished military career, Colonel Glover was stationed in France and Korea before serving a tour of duty in Vietnam, where he was awarded the Bronze Star for his service; and
Whereas, Colonel Glover was commissioned a Colonel in 1982 with the United States Army, retired in 1991 with 30 years of honorable military service to his country and afterward he resided in Massachusetts where he worked as a computer consultant; and
Whereas, After a brief stint in Arizona, Colonel Glover moved back to West Virginia and in 1997 married his beloved wife Nelda E. Kocher, a fellow graduate of Pine Grove High School; and
Whereas, Colonel Glover loved to sing, which lead him to record as a teenager and later in life he was a prominent voice in his church choir and performed in musicals; and
Whereas, Sadly, Colonel Glover passed away on July 20, 2012, leaving behind his wife Nelda, sister Beulah, a daughter, two sons, a stepdaughter, six grandchildren, three step-grandchildren and three step-great grandsons, and a legacy of dedicated public and military service to his country and to his family and friends; and
Whereas, As it was his wish, Colonel Glover was buried on January 25, 2013, in his final resting place, Arlington National Cemetery; and
Whereas, It is fitting that an enduring memorial be established to commemorate a native son who so ably served his state and his country by naming the bridge on WV Route 20 over Fishing Creek, South Fork, in Wetzel County, locally known as the Pine Grove Bridge, bridge number 52-20-16.04, as the “U. S. Army Colonel William L. Glover Memorial Bridge”; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge on WV Route 20 over Fishing Creek, South Fork, in Wetzel County, locally known as the Pine Grove Bridge, bridge number 52-20-16.04, as the “U. S. Army COL William L. Glover Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army COL William L. Glover 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 to Colonel Glover’s widow, Nelda E. Glover.
With the recommendation that the committee substitute be adopted.
Respectfully submitted,
Chris Walters,
Chair.
Senator Walters, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 19, Requesting DOH name stretch of road in Wayne County "Darrell W. Sanders Memorial Highway".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 19 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways name that stretch of WV Route 37 beginning at the Town of Wayne, mile post 16.0, and running to the Lincoln County line in Wayne County, mile post 38.0, the “Darrell W. Sanders Memorial Highway”.
Whereas, Darrell W. Sanders was born in Wayne, West Virginia, on October 6, 1945, where he grew up and was educated in the local schools. He held the rank of SP4 in the United States Army when he was killed in Vietnam on November 17, 1965, at the age of 20; and
Whereas, His service and ultimate sacrifice to his country, state and county should not go unnoticed; and
Whereas, Naming that stretch of WV Route 37 in Wayne County the “Darrell W. Sanders Memorial Highway” is an appropriate recognition of his service and sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name that stretch of WV Route 37 beginning at the Town of Wayne, mile post 16.0, and running to the Lincoln County line in Wayne County, mile post 38.0, the “Darrell W. Sanders Memorial Highway”; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the road as the “Darrell W. Sanders Memorial Highway”; 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 family of Darrell W. Sanders.
With the recommendation that the committee substitute be adopted.
Respectfully submitted,
Chris Walters,
Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Beach.
The Senate then proceeded to the thirteenth order of business.
At the request of Senator Kessler, the name of Senator Kessler was removed as a sponsor of Senate Bill No. 563 (Relating to racetrack video lottery and table games).
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules and majority and minority party caucuses,
On motion of Senator Carmichael, the Senate adjourned until tomorrow, Wednesday, February 25, 2015, at 11 a.m.
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