Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

REGULAR SESSION, 2015

FORTY-SEVENTH DAY

____________

Charleston, W. Va., Sunday, March 1, 2015

            The Senate met at 3 p.m.

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

            Prayer was offered by the Honorable C. Edward Gaunch, a senator from the eighth district.

            The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Dave Sypolt, a senator from the fourteenth district.

            Pending the reading of the Journal of Saturday, February 28, 2015,

            On motion of Senator Laird, 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, to take effect from passage, of

            Eng. Senate Bill No. 382, Declaring claims against state.

            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. Com. Sub. for House Bill No. 2381--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2c, relating to providing a teacher mentoring increment for classroom teachers with national board certification who teach and mentor at persistently low performing schools; defining persistently low performing schools; defining mentoring; specifying method of payment; and specifying eligibility,

            Referred to the Committee on Education; and then to the Committee on Finance.

            A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2015, and requested the concurrence of the Senate in the passage of

            Eng. Com. Sub. for House Bill No. 2478--A Bill to amend and reenact §11-8-6f of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-4, §18-9A-5, §18-9A-7, §18-9A-11 and §18-9A-12 of said code, all relating to public school finance; removing the reduction in a county's basic foundation allowance to a county school system for professional educators and service personnel if the number employed is less than the maximum allowed for formula funding; adjusting the foundation school program allowance for transportation costs for the school years 2015-2016 and 2016-2017; including propane as an eligible fuel for the ten percent additional percentage allowance for school bus systems using alternative fuels; fixing the amounts to be used for the replacement of buses for school years 2015-2016 and 2016-2017 as a component of the allowance in the foundation school program for transportation; eliminating requirements that payments or contributions in lieu of property taxes which are distributed by the sheriff to the county board of education be deducted from the allocated state aid share for the county; and eliminating certain adjustments in basic foundation program.

            Referred to the Committee on Education; and then to the Committee on Finance.

            A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

            Eng. House Bill No. 2658--A Bill to amend and reenact §19-29-4 of the Code of West Virginia, 1931, as amended, relating to the inspection and slaughter of nontraditional agriculture; and removing the requirement that all nontraditional agriculture needing to be slaughtered be slaughtered in an inspected slaughterhouse.

            Referred to the Committee on Agriculture and Rural Development.

            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. 2760--A Bill making a supplementary appropriation of Lottery Net Profits from the balance of moneys remaining as an unappropriated balance in Lottery Net Profits to the Bureau of Senior Services - Lottery Senior Citizens Fund, fund 5405, fiscal year 2015, organization 0508, by supplementing and amending the appropriations 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 passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

            Eng. House Bill No. 2764--A Bill making a supplementary appropriation of Lottery Net Profits from the balance of moneys remaining as an unappropriated balance in Lottery Net Profits to the State Department of Education - School Building Authority - Debt Service Fund, fund 3963, fiscal year 2015, organization 0402, by supplementing and amending the appropriations 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 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. 2793--A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating to exemptions from mandatory school attendance; restoring historical exemption nomenclature; clarifying that parents and guardians of exempt children may not be prosecuted under §18-8-2; clarifying that exempt children are not status offenders; requiring leave of court and probable cause before petition may be filed to deny home schooling; providing for one-time notice of intent to home school and revising notice contents; removing waiting period; providing for notice of termination; providing for notice when children move between counties; removing required submissions; revising requirements and standards for annual assessments and acceptable progress; removing requirement that parents pay costs of assessments not conducted in public schools; requiring parents to retain copies of assessments; and requiring evaluations for learning disabilities when children fail to make acceptable progress.

            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. 2811--A Bill to amend and reenact §33-20F-4 of the Code of West Virginia, 1931, as amended, relating to the Physicians’ Mutual Insurance Company; deleting obsolete provisions regarding the Physicians’ Mutual Insurance Company; and providing that the company need not be organized as a nonprofit corporation.

            Referred to the Committee on Banking and Insurance.

            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. 2812--A Bill to amend and reenact §20-7-1 of the Code of West Virginia, 1931, as amended, relating to certain subsistence allowance considered compensation for purposes of calculating pension benefits for natural resources police officers.

            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. 2823--A Bill to amend and reenact §11-13-2d of the Code of West Virginia, 1931, as amended, relating to eliminating a certain tax on persons engaging or continuing within this state in the service or business of street and interurban and electric railways.

            Referred to the Committee on Finance.

            A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

            Eng. House Bill No. 2876--A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof.

            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. Com. Sub. for House Bill No. 2934--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-5b, relating to repealing the certain common core standards and certain subsequent standards; making findings with respect to a thorough and efficient education and role of the Legislature; making findings with respect to the Elementary and Secondary Education act and the affect of certain amendments; making findings with respect to changes in standards and assessments; making findings with respect to reverse in trend of improving student National Assessment of Educational Progress scores and likely causes; making findings with respect to ESEA flexibility relief, state application and subsequent actions; and making findings with respect to school funding sources, the influence of federal funds and the use of federal funds to coerce changes in standards, assessments and accountability system; making findings with respect to inappropriate usurpation of state sovereignty over public education and results sufficient to impede process for improving education; directing certain actions by state board in response to findings; directing comprehensive review of standards by board to ensure repeal of certain common core standards and certain subsequent standards; prohibiting certain assessments; ensuring certain college and career ready standards are aligned and revised as needed; ensuring adequate and appropriate curriculum and instructional strategies, sufficient training and professional development, and information and resources to engage and assist parents; directing state board appoint stakeholder commission to participate in review with certain legislative member appointments; directing state board appointment of standards development committees to advise and assist commission and providing for member selection and qualifications; directing state board conduct regional town hall meetings with certain format for discussion and input; directing suspension of use of summative assessment scores except for certain purpose until certain date; directing limit on number of statewide summative assessment per year; directing prohibition of collection and disclosure of certain student information; directing regular information to Legislature on actions with respect to standards, assessment, accountability and capacity building; providing responsibilities and structure of standards development committees; directing certain actions in response to findings by Governor, Legislature, state board and state superintendent with respect to reauthorization of Elementary and Secondary Education Act; and requiring monitoring by legislative oversight commission.

            Referred to the Committee on Education; and then to the Committee on Finance.

            A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

            Eng. House Bill No. 2976--A Bill to amend and reenact §18C-3-4 of the Code of West Virginia, 1931, as amended, relating to expanding the eligible master's and doctoral level programs for which a Nursing Scholarship may be awarded.

            Referred to the Committee on Education.

            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. 27, Relating to county solid waste disposal fees; exemption.

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

            Com. Sub. for Senate Bill No. 27 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §7-5-22 of the Code of West Virginia, 1931, as amended; to amend and reenact §22-15-11 of said code; to amend and reenact §22-16-4 of said code; and to amend and reenact §22C-4-30 of said code, all relating to county solid waste disposal fees generally; raising county solid waste assessment fee to seventy-five cents; exempting solid waste that is transported by rail to solid waste disposal facility located in a county, with a population of less than thirty thousand, bordering another state from the $1.75 solid waste assessment fee, the $3.50 solid waste assessment fee for the Solid Waste Landfill Closure Assistance Program and the $1.00 solid waste assessment fee for the Solid Waste Planning Fund with approval of the solid waste authority, county commission and the voters of that county; and providing for a county option election.

            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. 27), 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

            Com. Sub. for Senate Bill No. 352 (originating in the Committee on Natural Resources), Expanding scope of cooperative associations to goods and services including recycling.

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

            Com. Sub. for Com. Sub. for Senate Bill No. 352 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §19-4-1, §19-4-2, §19-4-3, §19-4-4, §19-4-5, §19-4-13, §19-4-16 and §19-4-22 of the Code of West Virginia, 1931, as amended; and to amend and reenact §24A-1-3 of said code, all relating to cooperative associations; clarifying definitions; expanding scope of cooperative associations to goods and services, including recycling; limiting scope of recycling cooperatives; expanding membership of cooperative associations; and revising exemptions for motor carriers to allow nonprofit recycling cooperatives.

            With the recommendation that the committee substitute for 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. 363, Establishing maximum rates and service limitations for reimbursement of health care services by Court of Claims.

            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.

            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. 385 (originating in the Committee on Transportation and Infrastructure), Regulating transportation network companies.

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

            Com. Sub. for Com. Sub. for Senate Bill No. 385 (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 §17-29-1, §17-29-2, §17-29-3, §17-29-4, §17-29-5, §17-29-6, §17-29-7, §17-29-8, §17-29-9, §17-29-10, §17-29-11, §17-29-12, §17-29-13, §17-29-14, §17-29-15, §17-29-16, §17-29-17 and§17-29-18, all relating to regulation of transportation network companies; defining terms; establishing a permit and permit fee; establishing requirements relating to insurance, disclosures, transportation network companies and its drivers, safety and records; limiting controlling authority; and permitting Commissioner of the Division of Motor Vehicles to propose rules for legislative approval.

            With the recommendation that the committee substitute for committee substitute do pass.

                                                                        Respectfully submitted,

                                                                          Charles S. Trump IV,

                                                                            Chair.

            The Senate proceeded to the seventh order of business.

            Senate Concurrent Resolution No. 48, Requesting Joint Committee on Government and Finance study agreements between county commissions and municipalities regarding demolition of buildings unfit for human habitation.

            On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.

            Senate Concurrent Resolution No. 50, Providing for issuance of refunding bonds pursuant to Safe Roads Amendment of 1966.

            On unfinished business, coming up in regular order, was reported by the Clerk.

            The question being on the adoption of the resolution, the same was put and prevailed.

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

            The Senate proceeded to the eighth order of business.

            Com. Sub. for Senate Bill No. 14, Creating Public Charter Schools Act of 2015.

            On third reading, coming up in regular order, with the right having been granted on Wednesday, February 25, 2015, for amendments to be received on third reading, 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, and with the right for amendments to be considered on third reading remaining in effect.

            Eng. Com. Sub. for Senate Bill No. 17, Permitting all-terrain vehicle operation on roadway under certain conditions; defining off-road motorcycle.

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

            The nays were: None.

            Absent: Miller, Takubo and Unger--3.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 17) 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. 332, Relating to administrative fees for Tax Division, Department of Revenue.

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

            The nays were: None.

            Absent: Miller, Takubo and Unger--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. 332) passed with its title.

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

            Eng. Com. Sub. for Senate Bill No. 342, Clarifying scope, application and requirements for error corrections by CPRB.

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

            The nays were: None.

            Absent: Miller, Takubo and Unger--3.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 342) passed with its title.

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

            Eng. Com. Sub. for Com. Sub. for Senate Bill No. 455, Relating to public higher education procurement and payment of expenses.

            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, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--32.

            The nays were: None.

            Absent: Miller and Unger--2.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 455) 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. 481, Relating to municipal policemen's and firemen's pension and relief funds' investment.

            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, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--32.

            The nays were: None.

            Absent: Miller and Unger--2.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 481) 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. 510, Amending Uniform Interstate Family Support Act.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--32.

            The nays were: None.

            Absent: Miller and Unger--2.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 510) 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. 514, Relating to investments of local policemen's and firemen's pension and relief funds.

            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, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--32.

            The nays were: None.

            Absent: Miller and Unger--2.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 514) 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. 515, Allowing Municipal Pensions Oversight Board invest funds with Investment Management Board or Board of Treasury Investments.

            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, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--32.

            The nays were: None.

            Absent: Miller and Unger--2.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 515) 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. 530, Extending income tax exemption for retirees receiving pensions from certain defined pension plans.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--32.

            The nays were: None.

            Absent: Miller and Unger--2.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 530) 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. 545, Removing certain prior bank overdraft approval by director or executive officer.

            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, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--31.

            The nays were: None.

            Absent: Miller and Unger--2.

            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. 545) passed with its title.

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

            Eng. Com. Sub. for Senate Bill No. 548, Changing procedure for filling U. S. Senator vacancies.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            Pending discussion,

            The question being "Shall Engrossed Committee Substitute for Senate Bill No. 548 pass?"

            On the passage of the bill, 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, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Williams, Woelfel and Yost--14.

            Absent: Miller and Unger--2.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 548) 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. 574, Relating to liquor sales by distilleries and mini-distilleries.

            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, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--32.

            The nays were: None.

            Absent: Miller and Unger--2.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 574) passed with its title.

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

            Eng. House Bill No. 2726, Clarifying choice of laws issues in product's liability actions.

            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, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--31.

            The nays were: Facemire--1.

            Absent: Miller and Unger--2.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2726) passed.

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

            Eng. House Bill No. 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; and establishing the effective date of the amendments enacted in 2015.

            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. 195, Authorizing Conservation Committee promulgate legislative rule relating to financial assistance programs.

            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. 254, Relating to Fire, EMS and Law-Enforcement Officer Survivor Benefit 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.

            Com. Sub. for Com. Sub. for Senate Bill No. 336, Eliminating Health Care Authority's power to apply certain penalties to future rate applications.

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

            Senate Bill No. 386, Excluding mobile x-ray services from health care provider tax.

            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. 395, Modifying definitions of "battery" and "domestic battery".

            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. 407, Implementing state safety oversight program.

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

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

            On page two, section three, line thirteen, after “§5329” by changing the semicolon to a comma and inserting the following:

including:

            (A) The development, implementation and application of the public transportation system safety plan;

            (B) Inspection, investigations or hearings involving all aspects of the facility and its operations including infrastructure, documentation, including electronic data, and personnel and may conduct or cause to be conducted such inspections, investigations or hearings; and

            (C) Respond to information obtained through inspection, investigations, hearings, other incidents or occurrences of significance to the State Safety Oversight Agency by the issuance of directives, appropriate suspension of service, withholding of funding or the imposition of civil or criminal penalties;.

            The bill (Com. Sub. for S. B. No. 407), as amended, was then ordered to engrossment and third reading.

            Senate Bill No. 420, Relating to retirement benefits for certain employees in kindergarten programs.

            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. 436, Relating to State Athletic Commission.

            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. 439, Relating to higher education personnel.

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

            Senate Bill No. 447, Allowing issuance of diploma by public, private or home school administrator.

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

            Senate Bill No. 457, Relating to selection of school athletic coaches or other extracurricular activities coaches.

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

            Senate Bill No. 479, Adding additional family court judges.

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

            Senate Bill No. 499, Creating Tourist-Oriented Directional Signs Program.

            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. 529, Relating to PERS, SPRS and TRS benefits and costs.

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

            Senate Bill No. 549, Establishing classifications and salary schedules for State Police forensic lab civilian employees.

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

            Senate Bill No. 560, Establishing special revenue fund for use of certain Supreme Court advanced technology.

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

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

            On page two, section twenty-two, line nine, after the word “Fund.” by inserting the following: Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall revert to the General Revenue Fund.

            The bill (S. B. No. 560), as amended, was then ordered to engrossment and third reading.

            Senate Bill No. 577, Allowing higher education governing boards invest certain funds with nonprofit foundations.

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

            Senate Bill No. 578, Relating to occupational disease claims.

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

            On motion of Senator Trump, the following amendment to the bill was reported by the Clerk:

            On page three, section seven, line two, after the words "settlement of" by inserting the words "medical benefits for".

            Senator Walters 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 Trump's amendment to the bill, the same was put and prevailed.

            The bill (S. B. No. 578), as amended, was then ordered to engrossment and third reading.

            Senate Bill No. 579, Clarifying restriction on limited video lottery location near business selling petroleum products.

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

            The Senate proceeded to the tenth order of business.

            The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

            Com. Sub. for Senate Bill No. 234, Exempting certain water and sewer utilities owned by political subdivisions from PSC jurisdiction.

            Senate Bill No. 310, Exempting nonprofit public utility companies from B&O tax.

            Senate Bill No. 550, Authorizing agreements between county commissions and municipalities regarding structures unfit for human habitation.

            Senate Bill No. 580, Relating to statute of limitations on health care injury claims for minors.

            Senate Bill No. 581, Relating to Tourism Promotion Fund and Courtesy Patrol Fund.

            And,

            Eng. Com. Sub. for House Bill No. 2157, Relating to absentee ballot fraud.

            The Senate proceeded to the twelfth order of business.

            Remarks were made by Senators Woelfel, D. Hall, M. Hall, Kessler, Carmichael, Karnes, Snyder, Kirkendoll, Blair and Plymale.

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

            At the request of Senator Carmichael, unanimous consent being granted, the remarks by Senators M. Hall and Kessler were ordered printed in the Appendix to the Journal.

            At the request of Senator Trump, and by unanimous consent, the remarks by Senators Carmichael and Karnes were ordered printed in the Appendix to the Journal.

            At the request of Senator M. Hall, unanimous consent being granted, the remarks by Senators Snyder and Kirkendoll were ordered printed in the Appendix to the Journal.

            At the request of Senator Kessler, and by unanimous consent, the remarks by Senator Blair were ordered printed in the Appendix to the Journal.

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

            Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules and a minority party caucus,

            On motion of Senator Carmichael, the Senate adjourned until tomorrow, Monday, March 2, 2015, at 11 a.m.

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