WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
FIFTY-FIRST DAY
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Charleston, W. Va., Thursday, March 5, 2015
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by Bishop Joe Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Mitch Carmichael, a senator from the fourth district.
Pending the reading of the Journal of Wednesday, March 4, 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 Clerk presented a communication from the Division of Juvenile Services, submitting its annual report as required by chapter forty-nine, article five, section thirteen-e of the Code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House announced concurrence with the Senate in making effective April 13, 2015, of
Eng. Com. Sub. for Senate Bill No. 361, Eliminating prevailing hourly wage requirement for construction of public improvements.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Com. Sub. for Senate Concurrent Resolution No. 14, Requesting DOH erect signs in Marion County designated "Home of Francis H. Pierpont, Father of West Virginia and Governor of Restored Virginia.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
Eng. Com. Sub. for House Joint Resolution No. 13--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section one-d, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on Government Organization; 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. Com. Sub. for House Bill No. 2148--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-5D-1, §17C-5D-2, §17C-5D-3, and §17C-5D-4; and to amend and reenact §60-6-9 of said code, all relating to creating a misdemeanor offense for open containers of alcoholic beverages in certain areas of vehicles; providing comity with federal law governing open containers of alcoholic beverages in vehicles; providing penalties; defining terms; providing exceptions; and specifying procedure upon arrest.
Referred to the Committee on Transportation and Infrastructure.
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. 2213, Reducing the distributions to the West Virginia Infrastructure Fund.
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 M. Hall, Walters and Prezioso.
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. House Bill No. 2226--A Bill to amend and reenact §11-14C-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-24-43a of said code, all relating to railroads and railways generally; providing a refundable exemption from the flat rate component of the state motor fuel excise tax on all gallons of motor fuel sold for use or consumed in railroad diesel locomotives beginning on January 1, 2017; and expiring, nulling and voiding provisions requiring the Tax Commissioner to pay into the Special Railroad and Intermodal Enhancement Fund any amount from annual collections of the state corporate net income tax for the purpose of construction, reconstruction, maintenance and repair of railways, the construction of railway-related structures and payment of principal and interest on state bonds issued for railway purposes, as approved by the West Virginia Public Port Authority, on and after July 1, 2015.
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. 2233--A Bill to amend and reenact §29A-3-16 of the Code of West Virginia, 1931, as amended, relating to requiring the Legislative Rule-Making Committee with the assistance of the Legislative Auditor's Office to review each interpretive, procedural and legislative rule promulgated in or after 2015 within at least five years from its effective date, and make recommendations to the Legislature for modification or repeal of any such rule; and requiring submission of summary of findings and recommendations to the Joint Committee on Government and Finance.
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. 2263--A Bill to amend and reenact §49-4-501 and §49-4-502 of the Code of West Virginia, 1931, as amended, relating to the responsibilities of prosecuting attorneys when representing the Department of Health and Human Resources; clarifying the independence of prosecuting attorneys in abuse and neglect matters and explaining the nature of the attorney-client relationship; and establishing procedure when a dispute or conflict arises.
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. 2366--A Bill to amend and reenact§61-3C-14b of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8A-4 of said code, all relating generally to the solicitation of minors; clarifying the law pertaining to the use of a computer to solicit a minor; deleting reference to offenses defined in the Uniform Controlled Substances Act; defining a new felony offense of soliciting a minor through use of a computer and traveling to engage in prohibited sexual activity with the minor; setting a new criminal penalty; and prohibiting the use or distribution of obscene materials by an adult to solicit or seduce a minor, or a person believed to be a minor, for unlawful sexual activity.
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. 2429--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-12A-1, §15-12A-2 and §15-12A-3, relating to requiring a convicted sex offender who volunteers for an organization whose volunteers have contact with minors to inform that organization of his or her conviction; providing legislative intent and findings; requiring the organization that accepts the sex offender as a volunteer to notify the parents or guardians of those minors of his or her conviction; providing for a limited immunity for organizations; and setting forth penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2479--A Bill to amend and reenact §60-7-10 of the Code of West Virginia, 1931, as amended, relating to the powers and authority of state and local law enforcement to enforce underage drinking laws at private clubs; clarifying that the grant of authority to the Alcohol Beverage Control Commissioner and his or her agents to enter and inspect the premises of a private club does not limit or restrict the authority of local law enforcement to enter any public area on or adjacent to any private club or taking other appropriate police action or investigation to enforce the underage drinking laws of this state.
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. 2518--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-16-18, relating to requiring insurers issuing group accident and sickness insurance policies to certain employers to furnish claims loss experience to policyholders upon request of a policyholder; identifying the claims loss experience information to be provided; and providing claims information may not include information prohibited from disclosure by any applicable federal or state law.
Referred to the Committee on Banking and Insurance.
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. 2549--A Bill to amend and reenact§7-5-16 of the Code of West Virginia, 1931, as amended, relating to changing the deadline of disclosure of county financial statements; requiring publication as a Class I-0 legal advertisement of the county financial statements; and permitting counties to publish financial statements on the county’s website.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2557--A Bill to amend and reenact §33-6-29 of the Code of West Virginia, 1931, as amended, relating generally to motor vehicle insurance policies and coverage provided for rented or leased motor vehicles; clarifying that an insured driver of a motor vehicle is covered by the driver's motor vehicle insurance policy when renting or leasing a motor vehicle; and providing that if the driver renting or leasing a motor vehicle does not have motor vehicle insurance coverage, the rental or leasing car company is the provider of security.
Referred to the Committee on Banking and Insurance.
A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
Eng. House Bill No. 2576, Creating new code sections which separate the executive departments.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Arvon, Hill and R. Phillips.
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. 2636--A Bill to amend and reenact §29B-1-2 and §29B-1-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §29B-1-3a; to amend and reenact §29B-1-4 of said code; and to amend and reenact §61-7-4 of said code, all relating to the Freedom of Information Act; redefining the term "public record"; defining and exempting certain fees and costs for reproduction of records; directing the Secretary of State to establish a database of Freedom of Information requests and publication on the Secretary of State’s website; directing public bodies to report Freedom of Information request information to the Secretary of State; authorizing emergency and legislative rulemaking authority to the Secretary of State; establishing a presumption of public accessibility to public records; revising the exemption for communications received or prepared by any public body; exempting information contained in a concealed weapon permit application from the Freedom of Information Act; authorizing disclosure of exempt information to law enforcement agency; protecting the confidentiality of information collected in an application for a concealed weapon permit; and providing criminal penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2645--A Bill to amend and reenact §18C-4A-1, §18C-4A-2, and §18C-4A-3 of the Code of West Virginia, 1931, as amended, all relating to modifying the Underwood-Smith Teacher Loan Assistance Program; increasing annual award from program; and expanding teacher eligibility for program awards.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2664--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to creating "Andrea and Willy's Law"; and increasing certain penalties for driving under the influence of alcohol, controlled substances or drugs.
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. 2688--A Bill to amend and reenact §22C-9-1, §22C-9-2, §22C-9-3, §22C-9-4 and §22C-9-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22C-9-7a, all relating to oil and gas conservation; reconstituting the membership of the Oil and Gas Conservation Commission; providing for the unitization of interests in drilling units in connection with horizontal oil or gas wells generally; setting forth application requirements; establishing the standard of review; providing for unit orders; requiring notice and timeliness; providing for hearings; addressing oil and gas produced from horizontal wells, vertical wells and unconventional reservoirs; providing for reunification of interests of unknown and unlocatable interest owners with surface owners in certain circumstances and providing procedures therefor; adding new definitions; and modifying existing definitions.
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. 2796--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-15b, relating to providing that certain state employees may be granted a leave of absence with pay while providing assistance as an essential member of an emergency aid provider during a declared state of emergency.
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. 2892--A Bill to amend and reenact §18B-17-2 and §18B-17-3 of the Code of West Virginia, 1931, as amended, all relating to authorizing certain legislative rules regarding higher education; authorizing legislative rules for the Higher Education Policy Commission regarding capital project management, Underwood-Smith Teacher Scholarship Program and Nursing Scholarship Program; and authorizing legislative rule for the Council for Community and Technical College Education regarding capital project management.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2931--A Bill to amend and reenact §60A-2-204 of the Code of West Virginia, 1931, as amended, relating to adding drugs to the classification of schedule I drugs.
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. 2939--A Bill to amend and reenact §49-1-201 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-2-803 and §49-2-812 of said code, all relating to requirements for mandatory reporting of sexual offenses on school premises involving or between students; defining terms; adding conduct that must be reported to law enforcement; defining nature of conduct to be reported; creating criminal penalties for failure to report; and increasing penalties for other reporting requirements.
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. 2968--A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting from property tax certain real properties in this state owned by nonprofit youth organizations and built at a cost of at least $100 million; specifying restrictions affecting the property; specifying permitted activities; requiring property owner to pay one and one quarter percent of gross revenues from specified uses, operations and activities; specifying how one and one quarter percent fee is administered, specifying how monies derived from one and one quarter percent fee are distributed; requiring reports; and defining terms.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 91--Designating days for the display of the Honor and Remember Flag.
Referred to the Committee on Military.
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 5th 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:
(Com. Sub. for S. B. No. 175), Authorizing DHHR promulgate legislative rules.
(Com. Sub. for S. B. No. 187), Authorizing Department of Revenue promulgate legislative rules.
And,
(S. B. No. 382), Declaring claims against state.
Respectfully submitted,
Mark R. Maynard,
Chair, Senate Committee.
John B. McCuskey,
Chair, House Committee.
Senator Gaunch, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Eng. Com. Sub. for House Bill No. 2139, Relating to employment of retired teachers as substitutes in areas of critical need and shortage for substitutes.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Education.
Respectfully submitted,
C. Edward Gaunch,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Education.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2266, Relating to the publication requirements of the administration of estates.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Charles S. Trump IV,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on the Judiciary pending.
Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2462, Relating to certain deposits of tax proceeds.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Mike Hall,
Chair.
Senator Sypolt, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2478, Relating to public school finance.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Dave Sypolt,
Chair.
The bill, under the original double committee reference, was then referred to the Committee
on Finance, with amendments from the Committee on Education pending.
Senator Gaunch, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Eng. Com. Sub. for House Bill No. 2505, Relating to retirement system participation and concurrent employment provisions.
And,
Eng. Com. Sub. for House Bill No. 2507, Relating to membership provisions in the West Virginia Municipal Police and Firefighters Retirement System.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
C. Edward Gaunch,
Chair.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2527, Creating a Task Force on Prevention of Sexual Abuse of Children; "Erin Merryn's Law".
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 Sypolt, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 2535, Relating generally to suicide prevention training.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Dave Sypolt,
Chair.
Senator Sypolt, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2550, Increasing the number of unexcused absences of a student before action may be taken against the parent.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Dave Sypolt,
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. Com. Sub. for House Bill No. 2562, Relating to sales tax increment financing.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Mike Hall,
Chair.
Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2626, Relating to use of the Abandoned Land Reclamation Fund.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Mike Hall,
Chair.
Senator Sypolt, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2702, Redefining service personnel class titles of early childhood classroom assistant teacher.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Dave Sypolt,
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. 2876, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Mike Hall,
Chair.
Senator Gaunch, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
House Concurrent Resolution No. 83, Requesting the Joint Committee on Government and Finance to study the needs, challenges, and issues facing municipalities in this state as to the funding of their police and firefighter pension plans.
And has amended same.
And reports the same back with the recommendation that it be adopted, as amended.
Respectfully submitted,
C. Edward Gaunch,
Chair.
The Senate proceeded to the sixth order of business.
Senators Sypolt, Beach, Boley, Boso, Ferns, Gaunch, Karnes, Plymale and Stollings offered the following resolution:
Senate Concurrent Resolution No. 52--Requesting the West Virginia Board of Education study: (1) The standards or criteria by which it approves teacher preparation programs in the state's public and private colleges; (2) approved teacher preparation programs at the state's public and private colleges and universities, including admission and graduation requirements; (3) the experiences and assessment of first, second and third year teachers of their in-state teacher preparation programs and teaching practices; and (4) the extent to which, and reasons why, teachers are leaving the profession in West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Board of Education study: (1) The standards or criteria by which it approves teacher preparation programs in the state's public and private colleges; (2) approved teacher preparation programs at the state's public and private colleges and universities, including admission and graduation requirements; (3) the experiences and assessment of first, second and third year teachers of their in-state teacher preparation programs and teaching practices; and (4) the extent to which, and reasons why, teachers are leaving the profession in West Virginia; and, be it
Further Resolved, That the West Virginia Board of Education is requested to engage out-of-state, independent experts to study teacher preparation and retention; and, be it
Further Resolved, That the West Virginia Board of Education report to the regular session of the Legislature, 2016, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the West Virginia Board of Education.
Which, under the rules, lies over one day.
Senators Boso and Stollings offered the following resolution:
Senate Concurrent Resolution No. 53--Requesting the Division of Highways name bridge number 42-5/12-4.32 (42A014) (38.91199, -79.70571), locally known as the Bowden Bridge, carrying County Route 5/12 over Shavers Fork of Cheat River in Randolph County, the "U. S. Army PFC Samuel Reed Summerfield Memorial Bridge".
Whereas, Samuel Reed Summerfield was born at Harman, Randolph County, on January 9, 1949, the son of John R. and Lillian Gabbert Summerfield. He attended grade school in Bowden, West Virginia, and graduated from Elkins High School in 1957; and
Whereas, Samuel Summerfield came from modest and humble circumstances and entered the United States Army in 1968, where he became accomplished as a helicopter crew chief with the 68th American Helicopter Company, the "Top Tigers", and served at the rank of Private First Class; and
Whereas, PFC Summerfield lost his life, at the age of nineteen years, when his helicopter was shot down in action in Bing Duong Province in the Republic of Vietnam on August 16, 1968, for which he was posthumously awarded the Purple Heart Medal; and
Whereas, It is fitting that the Legislature recognize his service and his sacrifice for his country and his community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 42-5/12-4.32 (42A014) (38.91199, -79.70571), locally known as the Bowden Bridge, carrying County Route 5/12 over Shavers Fork of Cheat River in Randolph County, the "U. S. Army PFC Samuel Reed Summerfield Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "U. S. Army PFC Samuel Reed Summerfield Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving members of PFC Summerfield's family.
Which, under the rules, lies over one day.
Senators D. Hall, Stollings and Yost offered the following resolution:
Senate Resolution No. 50--Designating March 10, 2015, as "American Red Cross Day".
Whereas, Founded in 1881 and chartered by Congress in 1905, the American Red Cross acts in times of need in West Virginia, this country and around the world; and
Whereas, The American Red Cross is one of the most recognized humanitarian organizations and provides compassionate care to those who suffer disasters and life-altering emergencies; and
Whereas, When an injured service member ends up in a hospital far from home, the Red Cross offers comfort. When a hospital patient needs blood, American Red Cross blood donors help them. When a lifeguard jumps in to save a drowning child or someone steps up to help a heart attack victim, the American Red Cross is there; and
Whereas, American Red Cross volunteers have provided food, clothing, shelter and mental health support to victims of disasters every year including 1,252 West Virginia families last year who experienced a disaster; and
Whereas, The generous contributions of time and money by the people of West Virginia help the American Red Cross alleviate human suffering and restore vital services to families in our state in times of need; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 10, 2015, as "American Red Cross Day"; and, be it
Further Resolved, That the Senate hereby recognizes the American Red Cross for its contributions to the State of West Virginia, the United States and the world; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia chapter of the American Red Cross.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 51, Requesting DOH name bridge in Boone County "U. S. Army PFC Samuel C. Ball Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. House Bill No. 2879, Relating to certain limitations on amount of state funds on deposit in any depository.
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, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--31.
The nays were: None.
Absent: Miller and Nohe--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. H. B. No. 2879) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Eng. House Bill No. 2760, Making a supplementary appropriation to the Bureau of Senior Services, Lottery Senior Citizens Fund.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2764, Making a supplementary appropriation to the State Department of Education, School Building Authority.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2770, Making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Division of Human Services.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2933, Making a supplementary appropriation to the Department of Administration, Public Defender Services.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
Eng. Com. Sub. for House Bill No. 2755, Relating to service and professional employee positions at jointly established schools.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
On motion of Senator Carmichael, leaves of absence for the day were granted Senators Miller and Nohe.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Carmichael, the Senate adjourned until tomorrow, Friday, March 6, 2015, at 11 a.m.
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