WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
FORTY-NINTH DAY
____________
Charleston, W. Va., Tuesday, March 3, 2015
The Senate met at 4 p.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by the Reverend A. Joseph Kusimo, Senior Pastor, Christ Life Fellowship, Charleston, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Mitch Carmichael, a senator from the fourth district.
Pending the reading of the Journal of Monday, March 2, 2015,
On motion of Senator Palumbo, 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 amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 361, Eliminating prevailing hourly wage requirement for construction of public improvements.
On motion of Senator Carmichael, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page three, section one, line seven, after the word “subdivisions” by striking out the comma and the words “and this article shall apply to expenditures of such institutions made, in whole or in part, from such public funds”;
On page five, section one, lines forty-nine and fifty, by striking out all of subsection (6);
And renumbering the remaining subdivision;
One page five, section one, after line fifty-five, by adding two new subsections, designated subsections seven and eight, all to read as follows:
(7) The term “public money” means funds obtained by a public authority through taxes, fees, fines or penalties. For purposes of this article, public money does not include funds obtained by private donation, contribution, fund raising or insurance proceeds.
(8) The term “wages” means the hourly rate paid for work performed by an employee for an employer.;
On page seven, section three, line seventeen, by striking out the word “compensation” and inserting in lieu thereof the word “wages”;
On page seven, section three, line twenty-seven, by striking out the words “in excess of $500,000.00 in cost on” and inserting in lieu thereof the word “for”;
On page seven, section three, line thirty-four, after the word “underway”, by changing the period to a colon and inserting the following proviso: Provided, however, That this section applies only to contracts let for public improvements whose cost at the time the contract is awarded will be paid with public money in an amount greater than $500,000.;
On page fourteen, section five, line one hundred fifteen, after the word “section” by changing the period to a colon and inserting the following proviso: Provided, That if the determination is not in place on July 1, 2015, for any reason, no prevailing hourly rate of wages shall be in effect until the determination is made: Provided, however, That in the event the determination is not in place on July 1, 2015, the Joint Committee on Government and Finance may extend the deadline to a date thereafter, but, in any event, no later than September 30, 2015. During the extension period only, the prevailing wage in place prior to July 1, 2015, shall remain the prevailing wage: Provided further, That in the event the determination is not in place at the conclusion of such extension period, no prevailing hourly rate of wages shall be in effect until the determination is made.;
On page fifteen, section five, line one hundred forty-six, after the word “article” by changing the period to a colon and inserting the following proviso: Provided, however, That any confidential, individual proprietor-level data submitted to Workforce West Virginia, the West Virginia University Bureau of Business and Economic Research or the Center for Business and Economic Research at Marshall University for the purpose of determining the prevailing wage rates shall not be considered a public record for purposes of section three, article one, chapter twenty-nine-b of this code.;
On page sixteen, section six, line ten, by striking out the words “public improvements in excess of $500,000 in cost” and inserting in lieu thereof the words “contracts let for public improvements whose cost at the time the contract is awarded will be paid with public money in an amount greater than $500,000.”;
And,
On pages seventeen and eighteen, section eleven, by striking out all of section eleven and inserting in lieu thereof a new section, designated section eleven, to read as follows:
§21-5A-11. Rulemaking.
(a) The Executive Director of Workforce West Virginia shall promulgate emergency rules and propose, for legislative promulgation, legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code to effectuate the provisions of this article. All rules, whether emergency or not, promulgated pursuant to this section shall at a minimum:
(1) Define the regions of the state as used in the article;
(2) Establish a process for addressing written objections regarding the methodology for calculating the prevailing hourly rate of wages and the calculation of the hourly rate of wages: Provided, That Workforce West Virginia may consolidate written objections for hearing and final determination purposes; and
(3) Propose any other rules necessary to effectuate the purposes of this article.
(b) Any legislative rule in effect prior to the effective date of this article implementing the provisions of this article is hereby repealed.
On motion of Senator Carmichael, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 361, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Walters, Williams and Cole (Mr. President)--23.
The nays were: Beach, Facemire, Kessler, Kirkendoll, Laird, Miller, Romano, Snyder, Unger, Woelfel and Yost--11.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 361) passed with its title.
Senator Carmichael moved that the bill take effect April 13, 2015.
On this question, the yeas were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Walters, Williams and Cole (Mr. President)--23.
The nays were: Beach, Facemire, Kessler, Kirkendoll, Laird, Miller, Romano, Snyder, Unger, Woelfel and Yost--11.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 361) takes effect April 13, 2015.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence in the changed effective date.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the reconsideration, amendment and passage as amended, to take effect from passage, by a vote of a majority of all the members elected to the House of Delegates, as a result of the objections of the Governor, of
Eng. Senate Bill No. 389, Relating to Board of Registration for Professional Engineers license renewals and reinstatements.
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. 473, Making supplementary appropriation of federal funds to DMAPS, WV State Police.
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. 476, Making supplementary appropriation to Department of Administration, Division of Purchasing, Purchasing Improvement Fund.
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. 2048--A Bill to amend and reenact §49-5-11 of the Code of West Virginia, 1931, as amended, relating to juvenile proceedings; and providing that costs for a school-based juvenile probation officer will be shared equally when a judicial circuit and a county board of education jointly establish a truancy program.
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. 2368--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-7-37, relating to child welfare; and requiring certain reports.
Referred to the Committee on Health and Human Resources.
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. 2395--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6M-1, §46A-6M-2, §46A-6M-3, §46A-6M-4, §46A-6M-5 and §46A-6M-6, all relating generally to providing consumers with the right to cancel residential roofing contracts where the contract is expected to be paid from a property and casualty insurance policy; providing definitions; establishing a consumer's right to cancel; creating standard disclosure and notice requirements; providing for advanced payment prohibition, refunds, emergency repairs and unenforceability of contract; prohibiting certain acts; private remedies; and misdemeanor criminal offense and penalty.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2474--A Bill to amend and reenact §18-17-1 of the Code of West Virginia, 1931, as amended, relating to the compensation of personnel employed at the West Virginia Schools for the Deaf and the Blind; updating reference to minimum salaries in effect for personnel at facilities under jurisdiction of the State Board of Education; and authorizing board to establish salary schedules or compensation in excess of the minimums for certain teachers at the West Virginia Schools for the Deaf and the Blind.
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. 2485--A Bill to amend and reenact §11-13A-5b of the Code of West Virginia, 1931, as amended, relating to the West Virginia Future Fund; and prohibiting deposits into the fund in years when certain state retirement systems are not funded to ninety percent or more of their actuarial accrued liabilities.
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 H. B. 2496 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-1C-1, §30-1C-2, §30-1C-3, §30-1C-4, §30-1C-5, §30-1C-6, §30-1C-7, §30-1C-8, §30-1C-9, §30-1C-10, §30-1C-11, §30-1C-12, §30-1C-13, §30-1C-14, §30-1C-15, §30-1C-16, §30-1C-17, §30-1C-18, §30-1C-19, §30-1C-20, §30-1C-21, §30-1C-22, §30-1C-23 and §30-1C-24, all relating to the establishment and operation of an interstate compact for medical licensure of physicians in multiple states; setting forth purposes for the compact; setting forth definitions; providing physician eligibility requirements; requiring a physician to designate a state of principal license; setting forth the procedure for application and issuance of an expedited license; providing for fees regarding expedited licensure; providing requirements for renewal of an expedited license; establishing a shared database for member boards; providing for joint investigation of physicians by member boards; establishing the effect of disciplinary actions against a physician; creating the interstate medical licensure compact commission to administer the compact; setting forth commission composition; establishing the authority of the commission; providing for commission meetings; setting forth provisions relating to disclosure of commission information and records; establishing an executive committee; setting forth provisions for funding; establishing member state’s right to charge licensing fees; limiting commission authority to incur financial obligation; requiring a financial audit; requiring the creation of bylaws; requiring annual election or appointment of commission officers; establishing that commission officers serve without remuneration; providing certain individuals defense, immunity, or limitation of liability for civil actions in certain circumstances unless their conduct was intentional willful and wanton; requiring the commission to defend certain civil actions; establishing commission rule making authority and procedure; providing for judicial review; providing for state enforcement; requiring state courts take judicial notice of certain matters; providing the commission may intervene in proceedings; requiring service of process upon the commission; establishing that failure to serve process upon the commission voids a judicial decision; providing for legal enforcement of compact rules and provisions; setting forth provisions for default; providing for termination or withdrawal of a member state; setting forth provisions for resolution of disputes; establishing provisions for state eligibility; setting forth the circumstances under which the compact will become effective; providing for amending the compact; setting forth procedures for states to withdraw from the compact; establishing circumstances, effect and procedures related to dissolution of the compact; establishing provisions related to severability; and, establishing provisions related to the binding effect of the compact,
Referred to the Committee on Health and Human Resources.
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. 2536--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12-32b, relating to travel insurance limited lines producers; defining terms; authorizing the Commissioner of Insurance to issue travel insurance entity producer license; establishing fees, fines, and penalties; requiring licensee to maintain register of travel retailers offering insurance on its behalf and designate a responsible individual producer; authorizing travel retailer to offer travel insurance and receive compensation under certain conditions; requiring training of travel retailer employees offering travel insurance; exempting travel insurance entity producers and travel retailers and employees from examination and continuing education requirements; requiring travel retailer employees offering travel insurance to provide certain information; providing for enforcement; and permitting the Commissioner of Insurance to propose rules for legislative approval.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2550--A Bill to amend and reenact §18-8-4 of the Code of West Virginia, 1931, as amended, relating to promoting regular school attendance; providing timely notice that five unexcused absences will require a conference meeting with designated school representatives; providing for written notice of a conference in the case of five unexcused absences to discuss circumstances related to unexcused absences including an adjustment of unexcused absences; and increasing the number of unexcused student absences during a school year to ten before an attendance director or assistant shall make complaint against a parent, guardian or custodian before a magistrate.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendment to, and requested the Senate to recede therefrom, as to
Eng. House Bill No. 2576, Creating new code sections which separate the executive departments.
On motion of Senator Carmichael, the Senate refused to recede from its amendment to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.
Whereupon, Senator Cole (Mr. President) appointed the following conferees on the part of the Senate:
Senators Blair, Boso and Miller.
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 passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2728--A Bill to amend and reenact §33-24-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-25-6 of said code; to amend and reenact §33-25A-24 of said code; to amend and reenact §33-25D-26 of said code; to amend and reenact §33-40-1, §33-40-2, §33-40-3, §33-40-6 and §33-40-7 of said code; and to amend said code by adding thereto a new article, designated §33-40A-1, §33-40A-2, §33-40A-3, §33-40A-4, §33-40A-5, §33-40A-6, §33-40A-7, §33-40A-8, §33-40A-9, §33-40A-10, §33-40A-11 and §33-40A-12, all relating to risk-based capital reporting for health organizations; making health organizations subject to the statutory provisions concerning risk-based capital reporting; defining terms associated with risk-based capital reporting for health organizations; requiring a domestic health organization to file a risk-based capital report with the Insurance Commissioner; requiring a health organization to perform certain actions if the risk-based capital report indicates a negative financial trend or hazardous financial condition; requiring the Insurance Commissioner to conduct certain actions if the risk-based capital report of a health organization indicates a negative financial trend or hazardous financial condition; providing a health organization a right to a confidential hearing with respect to its risk-based capital report; making risk-based capital reports confidential; prohibiting the use of risk-based capital reports in the rate-making of a health organization; granting the Insurance Commissioner the authority to promulgate rules; requiring a foreign health organization to file a risk-based capital report with the Insurance Commissioner; and providing immunity to the Insurance Commissioner and his employees or agents for actions taken with respect to monitoring the financial stability of a health organization.
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. 2790--A Bill to amend and reenact §17D-4-2, §17D-4-7 and §17D-4-12 of the Code of West Virginia,1931, as amended; to amend and reenact §33-6-31 and §31-6-31d of said code; and to amend said code by adding thereto a new section, designated §33-6-31h, all relating to proof of financial responsibility limits for motor vehicles; increasing the minimum amounts of proof required; providing that insurers are not required to offer new or increased uninsured or underinsured motor vehicle coverage when coverage is increased to meet the increased requirements of proof of financial responsibility; providing that insurers who issue policies with named driver exclusions are not required to provide any coverage upon an insured vehicle covering the excluded driver, notwithstanding the requirements of proof of financial responsibility.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2829--A Bill to amend and reenact §16-5-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-5-10a, all relating to direct entry midwifery; defining certain terms and requiring a report.
Referred to the Committee on Health and Human Resources.
The Senate proceeded to the fourth order of business.
Senator Maynard, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 3rd day of March, 2015, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 238), Limiting certain county board of education liability arising from unorganized recreation.
(Com. Sub. for S. B. No. 335), Creating Access to Opioid Antagonists Act.
And,
(S. B. No. 398), Extending expiration date for health care provider tax on eligible acute care hospitals.
Respectfully submitted,
Mark R. Maynard,
Chair, Senate Committee.
John B. McCuskey,
Chair, House Committee.
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. 541, Relating to regulation and control of elections.
And has amended same.
Now on second reading, having been read a first time and rereferred to the Committee on the Judiciary on March 2, 2015;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 541) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration and read a second time.
At the further request of Senator Carmichael, and by unanimous consent, the bill was advanced to third reading with the unreported Judiciary committee amendment pending and the right for further amendments to be considered on that reading.
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. 20, Requesting DOH name stretch of road in McDowell County "U. S. 1SG Army Joe C. Alderman Memorial Road".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 20 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways name the ten-mile stretch of Route 83 in McDowell County, beginning at milepost 18.05 and ending at milepost 8.05, between its intersection with Route 16 at Yukon and the Bradshaw city line, as the “U. S. Army 1SG Joe C. Alderman Memorial Road”.
Whereas, First Sergeant Alderman was born in Bartley, McDowell County, on September 11, 1940; and
Whereas, First Sergeant Alderman enlisted in the Army in 1958 following his graduation from Big Creek High School; and
Whereas, First Sergeant Alderman began his career with the Army Special Forces in 1962; and
Whereas, During his time in the Special Forces, First Sergeant Alderman spent seven years on special detachments in Vietnam; and
Whereas, First Sergeant Alderman’s awards and honors include the Silver Star, Legion of Merit, Soldier’s Medal, six Bronze Stars, the Meritorious Service Medal, five Air Medals, the Joint Service Medal, six Army Commendation Medals and three Purple Hearts. Other awards from his time in Vietnam include the Special Service Medal for Heroism, the Cross of Gallantry with a Silver Star, two Bronze Stars and the Armed Forces Honor Medal; and
Whereas, First Sergeant Alderman retired in November 1980, and his career achievements were marked with his 1996 induction into the prestigious U. S. Army Ranger Hall of Fame; and
Whereas, First Sergeant Alderman died on August 19, 1994, and was interred at Arlington National Cemetery with full military honors; and
Whereas, It is fitting to honor First Sergeant Alderman’s life and service by naming the stretch of Route 83 after him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the ten-mile stretch of Route 83 in McDowell County, beginning at milepost 18.05 and ending at milepost 8.05, between its intersection with Route 16 at Yukon and the Bradshaw city line, as the “U. S. Army 1SG Joe C. Alderman Memorial Road”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the “U. S. Army 1SG Joe C. Alderman Memorial Road”; 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 U. S. Army First Sergeant Alderman’s surviving relatives.
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. 22, Requesting DOH name portion of U. S. Rt. 119 in Boone County "U. S. Army SGT Mark Andrew Messer Memorial Road".
Senate Concurrent Resolution No. 25, Requesting DOH name bridge in Harrison County "U. S. Army PFC Nick A. Cavallaro Memorial Bridge" and "U. S. Army SSG Benjamin T. Portaro Memorial Bridge".
Senate Concurrent Resolution No. 29, Requesting DOH name bridge in Kanawha County "Rosie the Riveter Memorial Bridge".
Senate Concurrent Resolution No. 40, Requesting DOH name bridge in Putnam County "U. S. Army Sgt. Deforest Lee Talbert Memorial Bridge".
And,
Senate Concurrent Resolution No. 41, Requesting DOH name bridge in Berkeley County "W. C. Honaker and Clyde Spies Memorial Bridge".
And reports the same back with the recommendation that they each 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. 34, Requesting DOH name bridge in Greenbrier County "Army Air Corps LT William H. Corkerean, Jr., Memorial Bridge".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 34 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways name bridge number 13-64-165.87 on Interstate 64 near Lewisburg, Greenbrier County, the “U. S. Army Air Corps LT William H. Corkrean, Jr., Memorial Bridge”.
Whereas, William H. Corkrean, Jr., was born on June 7, 1922, in Ronceverte, Greenbrier County. He lived in Ronceverte and was educated in Greenbrier County schools. He joined the West Virginia National Guard at age 15 in 1939 with his fathers's permission. He was employed by the Hecht Co. before entering military service in 1941. In the military, he was a B-17 pilot assigned to 390th BG 570th BS. On May 11, 1944, while piloting the 42-31971 “Twenty-One or Bust” on his twenty-third mission, the aircraft was hit by flak and crashed at Gilz-Rijer, Belgium. It was reported that he remained with the plane until it crashed; and
Whereas, William H. Corkrean, Jr., died defending the principals of freedom upon which his country, state and community were established; and
Whereas, Naming bridge number 13-64-165.87 on Interstate 64 near Lewisburg, Greenbrier County, the “U. S. Army Air Corps LT William H. Corkrean, Jr., Memorial Bridge” is an appropriate recognition of his contributions and his supreme sacrifice to his country, state, community and Greenbrier County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 13-64-165.87 on Interstate 64 near Lewisburg, Greenbrier County, the “U. S. Army Air Corps LT William H. Corkrean, Jr., Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “U. S. Army Air Corps LT William H. Corkrean, Jr., Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the surviving relatives of William H. Corkrean, Jr.
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. 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".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 35 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways name bridge number 24-13-0.01 (24A089), locally known as Gary Bridge, carrying County Route 13 over the Tug Fork of the Big Sandy River in McDowell County the “U. S. Army CPL Zane Joseph Gero and U. S. Marine Corps CPL John Anthony ‘Tony’ Gero Memorial Bridge”.
Whereas, Zane Joseph Gero was born January 26, 1911, in Thorpe, McDowell County, into a coal-mining family of immigrant ancestors; and
Whereas, While attending Gary High School, Zane Joseph Gero led the Gary Coaldigger football team to many victories and received an honorable mention as a state football player/quarterback; and
Whereas, While attending Gary High School, Zane Joseph Gero was also the band drum-major and at half time would lead the band in its performance; and
Whereas, As a high school senior, Zane Joseph Gero won the title of state drum-major in a statewide competition; and
Whereas, Following high school, Zane Joseph Gero earned a bachelor's degree from Concord College qualifying him to teach social studies; and
Whereas, Concord College had no band at the time he enrolled there, so Zane Joseph Gero gained approval to start a band, now known as the Concord Commanders, and was the band leader; and
Whereas, Following college, as the emergency services chief for the U. S. Coal and Coke Company, Zane Joseph Gero taught volunteers to be well qualified in emergency responses, including fire and ambulance. He taught how to provide first response in mine accidents. In a partly segregated community Zane Joseph Gero was welcomed by all ethnic and racial groups. He spoke numerous languages and at times acted as an interpreter; and
Whereas, The coal company allowed Zane Joseph Gero to enlist in the U. S. Army and, following training, he was attached to General Joseph Patton's 3rd Army with a specialization in demolitions, land mine, bridge and highway issues, serving in 1944 and 1945; and
Whereas, Zane Joseph Gero reached the rank of corporal and served with Company C, 314th Battalion, 89th Infantry Division, 3rd Army; and
Whereas, Corporal Gero’s knowledge of several European languages helped him serve often as an interpreter. He led a squad which, under fire, helped put the first bridge across the Rhine River; and
Whereas, Corporal Gero’s squad, on a mission April 4, 1945, to find and clear a route for advancing troops, was moving through a wooded area near Ohrdruk, Germany, when they encountered a lightly guarded facility containing piles of corpses, ovens with human remains, a terrible stench and a few surviving internees. The unit had come across the first concentration camp to be liberated by United States troops. It was part of the Buchenwald Concentration Camp network; and
Whereas, Corporal Gero later became a social studies teacher at Berwind Middle School, was the Big Creek High School Band Director and was honored with the Freedom’s Foundation at Valley Forge Classroom Teacher’s Medal for, through his life and work, having made a significant contribution to a better understanding of the American way of life; and
Whereas, Corporal Gero died October 23, 1968, in Welch, West Virginia; and
Whereas, John Anthony “Tony” Gero, son of Zane Joseph Gero, was born August 22, 1947, in Welch, McDowell County; and
Whereas, John Anthony Gero was named for his father's friend, David Anthony, of New Martinsville, West Virginia, fulfilling a promise made by the senior Gero to his friend while the two were serving in Europe during World War II, to name any future son after him; and
Whereas, Members of the Gero family have served in the military as early as the American Revolution; and
Whereas, Corporal John Anthony Gero was a sniper in the 1st Platoon, Company G, 2nd Battalion, 3rd Marines, 3rd Marine Division; and
Whereas, Corporal John Anthony Gero was mortally wounded by friendly fire in combat in Vietnam and died on the U. S. Hospital Ship, USS Sanctuary, June 29, 1968; and
Whereas, Corporal John Anthony Gero was buried with honors at Fort Rosecrans Military Cemetery in San Diego, California; and
Whereas, Corporal John Anthony Gero was a late-discovered qualifying West Virginian to have his name on the State Capitol military monument and his name is on a list to be added to the monument in the future; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 24-13-0.01 (24A089), locally known as Gary Bridge, carrying County Route 13 over the Tug Fork of the Big Sandy River in McDowell County the “U. S. Army CPL Zane Joseph Gero and U. S. Marine Corps CPL John Anthony ‘Tony’ Gero Memorial Bridge”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army CPL Zane Joseph Gero and U. S. Marine Corps CPL John Anthony ‘Tony’ Gero Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.
With the recommendation that the committee substitute be adopted.
Respectfully submitted,
Chris Walters,
Chair.
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. 2760, Making a supplementary appropriation to the Bureau of Senior Services - Lottery Senior Citizens Fund.
Eng. House Bill No. 2764, Making a supplementary appropriation to the State Department of Education - School Building Authority.
Eng. House Bill No. 2770, Making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Division of Human Services.
And,
Eng. House Bill No. 2933, Making a supplementary appropriation to the Department of Administration, Public Defender Services.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Mike Hall,
Chair.
Senator Walters, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Com. Sub. for House Concurrent Resolution No. 6, The Army Air Force SGT Everett Wayne "Bud" Sell Memorial Bridge.
And,
Com. Sub. for House Concurrent Resolution No. 20, The Virginia & U. S. Army Major Woodrow Cook Memorial Road.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Chris Walters,
Chair.
Petitions
Senator Blair presented a petition from Jenni Vincent and numerous West Virginia residents, supporting the retiring of outdated barriers to health care in West Virginia.
Referred to the Committee on Health and Human Resources.
Senator Nohe presented a petition from Charles D. Wilson and nine West Virginia residents, supporting 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. 31, Authorizing meeting of Joint Select Committee on Tax Reform.
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.
Senate Concurrent Resolution No. 37, Requesting Joint Committee on Government and Finance study pharmaceutical benefits management industry.
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.
Senate Concurrent Resolution No. 39, Requesting Joint Committee on Government and Finance study Cedar Lakes Camp and Conference Center.
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.
Senate Concurrent Resolution No. 47, Amending Joint Rules of Senate and House relating to printing enrolled bills.
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.
Senate Resolution No. 48, Amending Senate Rule No. 49 relating to Journal.
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.
The Senate proceeded to the eighth order of business.
Com. Sub. for Senate Bill No. 234, Exempting certain water and sewer utilities owned by political subdivisions from PSC jurisdiction.
On third reading, coming up in regular order, with the right having been granted on yesterday, Monday, March 2, 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. Senate Bill No. 310, Exempting nonprofit public utility companies from B&O tax.
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. 310) 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. 550, Authorizing agreements between county commissions and municipalities regarding structures unfit for human habitation.
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. 550) 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. 580, Relating to statute of limitations on health care injury claims for minors.
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. 580) passed with its title.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, 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, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 580) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 581, Relating to Tourism Promotion Fund and Courtesy Patrol Fund.
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. 581) passed with its title.
Senator Carmichael moved that the bill take effect July 1, 2015.
On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, 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, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 581) takes effect July 1, 2015.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2157, Relating to absentee ballot fraud.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2157) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2213, Reducing the distributions to the West Virginia Infrastructure Fund.
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 House Bill No. 2213 pass?"
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Walters and Cole (Mr. President)--23.
The nays were: Facemire, Kessler, Kirkendoll, Laird, Miller, Romano, Snyder, Unger, Williams, Woelfel and Yost--11.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2213) passed with its title.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Walters and Cole (Mr. President)--23.
The nays were: Facemire, Kessler, Kirkendoll, Laird, Miller, Romano, Snyder, Unger, Williams, Woelfel and Yost--11.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2213) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 320, Standardizing notification process for revocation of certificates of authority.
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. 325, Relating to filing of candidates' financial disclosure statements.
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. 352, Expanding scope of cooperative associations to goods and services including recycling.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 363, Establishing maximum rates and service limitations for reimbursement of health care services by Court of Claims.
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. 366, Creating Patient Protection and Transparency Act.
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. 385, Regulating transportation network companies.
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 and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new chapter, designated §17H-1-1, §17H-1-2, §17H-1-3, §17H-1-4, §17H-1-5, §17H-1-6, §17H-1-7, §17H-1-8, §17H-1-9, §17H-1-10, §17H-1-11, §17H-1-12, §17H-1-13, §17H-1-14, §17H-1-15, §17H-1-16, §17H-1-17 and §17H-1-18, all to read as follows:
CHAPTER 17H. TRANSPORTATION NETWORK
AND TAXICAB COMPANIES.
ARTICLE 1. REGULATION OF TRANSPORTATION NETWORK COMPANIES.
§17H-1-1. Definitions.
As used in this article:
(a) “Transportation network company” or “TNC” means an entity licensed pursuant to this article and operating in West Virginia that uses a digital network or software application service to connect passengers to transportation network company services provided by transportation network company drivers. A TNC is not deemed to own, control, operate or manage the vehicles used by TNC drivers and is not a taxicab association or a for-hire vehicle owner.
(b) “Transportation network company (TNC) driver” means an individual who operates a motor vehicle that is:
(1) Owned, leased or otherwise authorized for use by the individual;
(2) Not a taxicab; and
(3) Used to provide transportation network company services.
(c) “Transportation network company (TNC) service” means transportation of a passenger between points chosen by the passenger and prearranged with a TNC driver through the use of a TNC digital network or software application. TNC services begin when a TNC driver accepts a request for transportation received through the TNC’s digital network or software application service, continue while the TNC driver transports the passenger in the TNC driver’s vehicle and end when the passenger exits the TNC driver’s vehicle. TNC service is not a taxicab or street hail service.
§17H-1-2. Exemption from Public Service Commission regulation.
TNCs or TNC drivers are not common carriers by motor vehicle or contract carriers by motor vehicle, or motor carriers, as defined in section two, article one, chapter twenty-four-a of this code, nor do they provide taxicab service. It is the express intent of this Legislature to exclude and exempt TNCs and TNC drivers from regulation of the Public Service Commission.
§17H-1-3. TNC permit required; permit fee; and use of fees.
(a) A person may not operate a TNC in West Virginia without first having obtained a permit from the Division of Motor Vehicles pursuant to this article.
(b) The Division of Motor Vehicles shall issue a permit to each applicant that meets the requirements for a TNC set forth in this article and has paid an annual permit fee of $5,000 to the Division of Motor Vehicles. Any fees collected under the provisions of this article shall be deposited into the Motor Vehicle Fees Fund established in accordance with section twenty-one, article two, chapter seventeen-a of this code. The Division of Motor Vehicles shall use the fees collected for the payment of the costs and expenses necessary for the administration of this article.
§17H-1-4. Agent.
A TNC shall maintain an agent for service of process in the state of West Virginia.
§17H-1-5. Fare charged for services.
A TNC may charge a fare for the TNC services provided to passengers: Provided, That if a fare is charged, the TNC shall disclose to passengers the fare calculation method on its website or within the software application service. The TNC shall also provide passengers with the applicable rates being charged and the option to receive an estimated fare before the passenger enters the TNC driver’s vehicle.
§17H-1-6. Identification of TNC vehicles and drivers.
The TNC’s software application or website shall display a picture of the TNC driver and the license plate number of the motor vehicle to be used for providing the TNC service before the passenger enters the TNC driver’s vehicle.
§17H-1-7. Electronic receipt.
Within a reasonable period of time following the completion of a trip, a TNC shall transmit an electronic receipt to the passenger that lists:
(a) The origin and destination of the trip;
(b) The total time and distance of the trip; and
(c) An itemization of the total fare paid, if any.
§17H-1-8. TNC and TNC driver insurance requirements.
(a) TNCs and TNC drivers shall comply with the automobile liability insurance requirements of this section.
(b) The following automobile liability insurance requirements apply during the time that a TNC driver is logged into the TNC’s digital network and available to receive requests for transportation, but is not providing TNC services:
(1) Primary automobile insurance that covers the driver and recognizes that such driver is a transportation network company driver or otherwise uses the covered vehicle to transport passengers for compensation.
(2) The primary automobile liability insurance required in subdivision (1) of this subsection shall meet at least the minimum coverage requirements of section two, article four, chapter seventeen-d of this code and subsection (b), section thirty-one, article six, chapter thirty-three of this code: Provided, That the minimum coverage shall not be less than the amount of $50,000 because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, in the amount of $100,000 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $25,000 because of injury to or destruction of property of others in any one accident.
(3) The automobile liability insurance required in this subsection may be satisfied by any of the following:
(A) Automobile liability insurance maintained by the TNC driver; or
(B) Automobile liability insurance maintained by the TNC; or
(C) Any combination of paragraphs (A) and (B) of this subdivision.
(c) While a TNC driver is providing TNC services, the TNC shall:
(1) Provide primary automobile liability insurance that recognizes the TNC driver’s provision of TNC services;
(2) Provide automobile liability insurance of at least $1 million for death, personal injury and property damage;
(3) Provide uninsured motorist coverage as required by subsection (b), section thirty-one, article six, chapter thirty-three of this code;
(4) The coverage requirements of this subsection may be satisfied by any of the following:
(A) Automobile liability insurance maintained by the TNC driver; or
(B) Automobile liability insurance maintained by the TNC; or
(C) Any combination of paragraphs (A) and (B) of this subdivision.
(d) In every instance where insurance maintained by a TNC driver to fulfill the insurance requirements of this section has lapsed, failed to provide the required coverage, denied a claim for the required coverage or otherwise ceased to exist, insurance maintained by a TNC shall provide the coverage required by this section beginning with the first dollar of a claim.
(e) Insurance required by this section may be placed with an insurer authorized to do business in this state or with a surplus lines insurer eligible under section five, article twelve-c, chapter thirty-
three of this code.
(f) Insurance required by this section satisfies the financial responsibility requirement for a motor vehicle under article four, chapter seventeen-d of this code.
§17H-1-9. TNC and insurer disclosure requirements.
(a) The TNC shall disclose in writing to TNC drivers the following before they are allowed to accept a request for TNC services on the TNC’s digital network:
(1) The insurance coverage and limits of liability that the TNC provides while the TNC driver uses a personal vehicle in connection with a TNC’s digital network;
(2) That the TNC driver’s own insurance policy, depending on its terms, may not provide coverage while the TNC driver uses a vehicle in connection with a TNC’s digital network; and
(3) That the TNC driver should identify each vehicle used to provide TNC services to his or her insurer.
(b) In a claims coverage investigation, the TNC’s insurer and any insurer providing coverage under this section shall cooperate to facilitate the exchange of information, including the precise times that a TNC driver logged on and off of the TNC’s digital network in the 24-hour period immediately preceding the accident and disclose to one another a clear description of the coverage, exclusions and limits provided under any insurance policy each party issued or maintained.
§17H-1-10. Zero tolerance for drug or alcohol use.
(a) The TNC shall implement a zero tolerance policy on the use of drugs or alcohol while a TNC driver is providing TNC services or is logged into the TNC’s digital network but is not providing TNC services, and shall provide notice of this policy on its website. The website shall set forth procedures to report a complaint about a driver with whom a passenger was matched and whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the trip.
(b) Upon receipt of a passenger complaint alleging a violation of the zero tolerance policy, the TNC shall immediately suspend the TNC driver’s access to the TNC’s digital platform and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation.
(c) The TNC shall maintain records relevant to the enforcement of this requirement for a period of at least two years from the date that a passenger complaint is received by the TNC.
§17H-1-11. TNC driver requirements.
(a) Prior to permitting an individual to act as a TNC driver on its digital platform, the TNC shall:
(1) Require the individual to submit an application to the TNC, which includes information regarding his or her address, age, driver’s license, driving history, motor vehicle registration, automobile liability insurance and other information required by the TNC;
(2) Conduct, or have a third party conduct, a local and national criminal background check for each applicant that shall include review of a:
(A) Multi-State/Multi-Jurisdiction Criminal Records Locator or other similar commercial nationwide database with validation (primary source search); and
(B) National Sex Offender Registry database;
(3) Obtain and review a driving history research report for the applicant.
(b) The TNC shall deny the application an individual to act as a TNC driver on its digital platform who:
(1) Has had more than three moving violations in the prior three-year period or one major violation in the prior three-year period, including, but not limited to, attempting to evade the police, reckless driving or driving on a suspended or revoked license;
(2) Has been convicted, within the past seven years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, or theft, acts of violence or acts of terror;
(3) Is a match in the National Sex Offender Registry database;
(4) Does not possess a valid driver’s license;
(5) Does not possess proof of registration for the motor vehicles used to provide TNC services;
(6) Does not possess proof of automobile liability insurance for the motor vehicles used to provide TNC services; or
(7) Is not at least nineteen years of age.
§17H-1-12. Vehicle safety.
The TNC shall require that any motor vehicle that a TNC driver will use to provide TNC services meets the inspection requirements of section four, article sixteen, chapter seventeen-c of this code or the inspection requirements of the state in which the motor vehicle is registered.
§17H-1-13. Street hails prohibited.
A TNC driver shall exclusively accept rides booked through a TNC’s digital network or software application service and may not solicit or accept street hails.
§17H-1-14. No cash trips.
The TNC shall adopt a policy prohibiting solicitation or acceptance of cash payments from passengers and notify TNC drivers of the policy. TNC drivers may not solicit or accept cash payments from passengers. A passenger may only pay for TNC services shall be made only electronically using the TNC’s digital network or software application.
§17H-1-15. No discrimination; accessibility.
(a) The TNC shall adopt a policy of nondiscrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age or sexual orientation/identity with respect to passengers and potential passengers and notify TNC drivers of the policy.
(b) TNC drivers shall comply with all applicable laws regarding nondiscrimination against passengers or potential passengers on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation or gender identity.
(c) TNC drivers shall comply with all applicable laws relating to accommodation of service animals.
(d) A TNC shall not impose additional charges for providing TNC services to persons with physical disabilities because of those disabilities.
(e) A TNC shall provide passengers an opportunity to indicate that they require a wheelchair-accessible vehicle. If a TNC cannot arrange wheelchair-accessible TNC service in any instance, it shall direct the passenger to an alternate provider of wheelchair-accessible service, if available.
§17H-1-16. Records.
A TNC shall maintain:
(a) Individual trip records for at least one year from the date each trip was provided; and
(b) TNC driver records at least until the one year anniversary of the date on which a TNC driver’s activation on the TNC digital network has ended.
§17H-1-17. Personally identifiable information.
A TNC may not disclose a passenger’s personally identifiable information to a third party unless: The passenger consents, disclosure is required by a legal obligation, disclosure is required to protect or defend the terms of use of the TNC service or to investigate violations of those terms. A TNC may also share a passenger’s name and telephone number with the TNC driver providing TNC services to the passenger in order to facilitate correct identification of the passenger by the TNC driver, or to facilitate communication between the passenger and the TNC driver.
§17H-1-18. Rules; controlling authority.
The Commissioner of the Division of Motor Vehicles may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code relating to the implementation and exercise of the authority granted by this article and the oversight of TNCs and TNC drivers. Notwithstanding any other provision of law, TNC’s and TNC drivers are governed exclusively by this article and any rules promulgated by the Division of Motor Vehicles consistent with this article. A municipality or other local entity may not impose a tax on, or require a license for, a TNC or TNC driver or subject a TNC to the municipality or other local entity’s rate, entry, operational or other requirements.
The bill (Com. Sub. for Com. Sub. for S. B. No. 385), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 446, Increasing number of terminals authorized by limited video lottery retailer license.
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. 453, Relating to motor vehicle dealers, distributors, wholesalers and manufacturers.
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. 542, Clarifying provisions of Consumer Credit and Protection Act relating to debt collection.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 582, Relating to Herbert Henderson Office of Minority Affairs.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 583, Increasing tax rate on providers of certain nursing facility services.
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.
Senate Bill No. 584, Transferring Cedar Lakes Camp and Conference Center to private, nonstock, not-for-profit corporation.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 585, Relating to regulation of transportation network and taxicab companies.
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.
The Senate proceeded to the tenth order of business.
Eng. House Bill No. 2879, Relating to certain limitations on amount of state funds on deposit in any depository.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made Senator Kirkendoll.
Thereafter, at the request of Senator Trump, and by unanimous consent, the remarks by Senator Kirkendoll were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Carmichael, the Senate adjourned until tomorrow, Wednesday, March 4, 2015, at 11 a.m.
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