WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2013
SECOND DAY
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Charleston, W. Va., Thursday, February 14, 2013
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by Chaplain David Goodin, Huttonsville Correctional Center, Huttonsville, West Virginia.
Pending the reading of the Journal of Wednesday, February 13, 2013,
On motion of Senator D. Hall, 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 sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senators Nohe and Jenkins:
Senate Bill No. 144--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to creating Haas' Law to honor fallen law-enforcement canines and other canines in the service of state or local governmental agencies.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 145--A Bill to amend and reenact §3-1-50 of the Code of West Virginia, 1931, as amended, relating to correcting language; and relating to election complaint procedures to conform the language to pertinent federal code.
Referred to the Committee on the Judiciary.
By Senators Unger and Beach:
Senate Bill No. 146--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §50-3-2c, relating to permitting magistrate courts to collect unpaid costs, fines, forfeitures and penalties it has imposed on a defendant; permitting those unpaid costs, fines, forfeitures and penalties to be deducted from a defendant’s income tax refund; creating the Magistrate Fines and Fees Collection Fund; permitting the Tax Commissioner to charge an administrative fee; and providing rule-making authority.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Yost and Fitzsimmons:
Senate Bill No. 147--A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting from taxation motor vehicles owned by members of the armed forces of the United States while serving in a designated war zone.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senator Yost:
Senate Bill No. 148--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-45-1, §16-45-2, §16-45-3, §16-45-4, §16-45-5 and §16-45-6, all relating to creating the Medication Therapy Management Act; and specifying that fees for third-party providers pay for the therapy under this act.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Yost and Fitzsimmons:
Senate Bill No. 149--A Bill to amend and reenact §18A-4-8b of the Code of West Virginia, 1931, as amended, relating to county boards of education; temporary reassignment of injured or ill service personnel under specified conditions; compensation and benefits; vacancies and job postings; and expiration of reassignments.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Yost:
Senate Bill No. 150--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-11-21; and to amend said code by adding thereto a new section, designated §31-17-21, all relating to requiring residential construction projects to be bonded; setting forth a contractor’s responsibilities; and requiring a lender making a loan for residential construction services to be financially responsible for payment to the contractor and any subcontractors who provide those services and to suppliers of materials used in the construction.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senators Kessler (Mr. President), Cookman, Miller, Fitzsimmons, Yost and Beach:
Senate Bill No. 151--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31D-16-1621, relating to the disclosure of corporate political activities to shareholders, the Secretary of State and the public.
Referred to the Committee on the Judiciary.
By Senators Unger, Laird and Stollings:
Senate Bill No. 152--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-3A-3b; to amend and reenact §60-3A-4 of said code; and to amend said code by adding thereto a new section, designated §60-7-9, all relating to requiring certain employees of licensed private clubs and retail outlets selling alcoholic beverages to take the Techniques for Education and Alcohol Management course, the Training for Intervention Procedures course, alcohol awareness programs provided by the American Hotel and Lodging Association or the National Restaurant Association or other similar alcohol awareness education courses provided or approved by the Alcohol Beverage Control Commissioner; allowing for the training to be done onsite by a manager or supervisor; and providing legislative rule-making authority.
Referred to the Committee on the Judiciary.
By Senators Yost and Fitzsimmons:
Senate Bill No. 153--A Bill to amend and reenact §48-23-601 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §48-23-602, all relating to compiling and making available nonidentifying social and medical histories of birth parents prior to an adoption.
Referred to the Committee on the Judiciary.
By Senator Yost:
Senate Bill No. 154--A Bill to amend and reenact §29-19-5 of the Code of West Virginia, 1931, as amended, relating to requirements for a charitable organization to submit an audit report or statement of financial review by an independent certified public accountant.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 155--A Bill to amend and reenact §18-20-1 and §18-20-5 of the Code of West Virginia, 1931, as amended, all relating to requiring the State Board of Education be responsible for the funding of all special programs for exceptional children; and requiring the State Superintendent to be responsible for the payment for those programs.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 156--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-15-50, relating to prohibiting vehicles equipped with a hitch from being left with hitch tongues inserted in the hitch when the hitch tongue is not in use.
Referred to the Committee on Transportation and Infrastructure.
By Senator Beach:
Senate Bill No. 157--A Bill to amend and reenact §17B-2-2 of the Code of West Virginia, 1931, as amended, relating to driver's licensing; and providing an exemption from the requirement for a Class D driver’s license for certain nonresident drivers.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Beach and Stollings:
Senate Bill No. 158--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-4A-1, §17-4A-2 and §17-4A-3, all relating to creation of the Complete Streets Act; adopting a complete streets policy applicable to all streets, roads and highways and other transportation infrastructure facilities under the jurisdiction of the Commissioner of Highways; providing for model complete streets policies for use by counties and municipalities; creating a Complete Streets Advisory Board; and requiring annual reports.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.
By Senators Tucker, Chafin, Nohe, Palumbo, Sypolt and Wells:
Senate Bill No. 159-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §36-12-1, §36-12-2, §36-12-3, §36-12-4, §36-12-5, §36-12-6, §36-12-7, §36-12-8, §36-12-9, §36-12-10, §36-12-11, §36-12-12, §36-12-13, §36-12-14, §36-12-15, §36-12-16, §36-12-17, §36-12-18 and §36-12-19, all relating to creating the Real Property Transfer on Death Act; authorizing the transfer of real property effective at the time of a transferor’s death; providing for applicability and nonexclusivity of this method of transferring real property; providing that a transfer on death deed is revocable and nontestamentary; establishing the capacity of transferor; setting forth requirements; providing that notice, delivery, acceptance and consideration are not required; setting forth the effect of transfer on death deed during a transferor’s life; providing disclaimers; providing for liberal construction; providing optional forms; providing for uniformity of application and construction; setting forth the article’s relation to Electronic Signatures in Global and National Commerce Act; and defining terms.
Referred to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 160--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-16-1, §62-16-2, §62-16-3, §62-16-4, §62-16-5, §62-16-6 and §62-16-7, all relating to creating the Conditional Early Release Bond Act; permitting the Board of Parole to release an inmate on parole; permitting the board to place conditions on the release of a prisoner including requiring the posting of an early-release bond by cash or surety and certain other discretionary conditions; setting forth the terms of a bond; providing for penalties; providing for the surrender of the parolee; defining terms; and providing for severability.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Yost, Fitzsimmons and Jenkins:
Senate Bill No. 161--A Bill to amend and reenact §20-2-42c of the Code of West Virginia, 1931, as amended, relating to allowing members of the West Virginia National Guard or its reserve to obtain Class C hunting and fishing licenses for a one-time fee while serving in the West Virginia National Guard or its reserve and all veterans of the armed forces with an honorable discharge or full retirement to obtain license for life upon full retirement or honorable discharge.
Referred to the Committee on Natural Resources.
By Senator Carmichael:
Senate Bill No. 162--A Bill to amend and reenact §60A-2-206 and §60A-2-208 of the Code of West Virginia, 1931, as amended, all relating to reclassifying hydrocodone from a Schedule III controlled substance to a Schedule II controlled substance.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Carmichael and Unger:
Senate Bill No. 163--A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to permitting two municipalities in each county to participate in the home rule pilot program.
Referred to the Committee on Government Organization.
Senators Laird, Miller, Unger, Yost, Fitzsimmons, Prezioso, Stollings, D. Hall, Jenkins, Beach and Palumbo offered the following resolution:
Senate Resolution No. 8--Designating February 14, 2013, as “Corrections Day”.
Whereas, The West Virginia Division of Corrections, the Regional Jail Authority and the Division of Juvenile Services are committed to enhance public safety by providing safe, secure and humane facilities, operating an effective system of offender re-entry and community supervision, reducing offender recidivism and assisting victims of crime; and
Whereas, The West Virginia Division of Corrections, the Regional Jail Authority and the Division of Juvenile Services are further committed to providing effective beneficial services that promote positive development and accountability while preserving community safety and sustaining a work environment predicated upon principles of professionalism, with dignity and respect for all; and
Whereas, It is the vision of these agencies to be recognized as innovative leaders in providing quality correctional services; and
Whereas, The adult and juvenile correctional population continues to expand and it is important for agency representatives and policymakers to appreciate the nature and magnitude of the growth; and
Whereas, Previous information provided to this body should assist public officials and agency representatives in planning for the future and developing policies for the management of the West Virginia correctional population, both adult and juvenile, as well as providing adequate pay, benefits and a safe secure workplace for the employees in the correctional system; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 14, 2013, as “Corrections Day”; and, be it
Further Resolved, That the Senate hereby recognizes the exceptional service and commitment of the employees of the Division of Corrections, the Regional Jail Authority and the Division of Juvenile Services; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of the Division of Corrections, the Regional Jail Authority and the Division of Juvenile Services.
At the request of Senator Laird, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Sypolt, Williams, Fitzsimmons, Yost, Prezioso, Miller, D. Hall, Jenkins, Stollings, Beach and Palumbo offered the following resolution:
Senate Resolution No. 9--Honoring Mineral County natives, the late Sergeant Jonah Edward Kelley and the late Sergeant William Edward Shuck, Jr., recipients of the Congressional Medal of Honor.
Whereas, Sergeant Jonah Edward Kelley served his country during World War II, leading his company, the 311th Infantry Regiment, 78th “Lightning” Division, in Kesternich, Germany, in 1945, through fierce mortar and firearm attacks on barricaded homes, and although wounded, refused to withdraw to seek medical attention; and
Whereas, Sergeant Jonah Edward Kelley cleared the way for his men by making multiple enemy kills, while at the same time taking continuous enemy fire to his body, ultimately succumbing to his wounds; and
Whereas, Sergeant William Edward Shuck, Jr., served his country during the Korean War as machine gun squad leader in the 7th Marines, 1st Division, where he was evacuating casualties during an assault against an enemy position and was killed by sniper fire; and
Whereas, For making the ultimate sacrifice for their country, both Sergeant Jonah Edward Kelley and the late Sergeant William Edward Shuck, Jr., were posthumously awarded the Congressional Medal of Honor, which is the highest award for valor in action against an enemy force which can be bestowed upon an individual serving in the Armed Services of the United States; and
Whereas, It is fitting and proper, on Mineral County Day at the Capitol, that the Senate honor the memory and service of these two Mineral County men for their courageous service to their country; therefore, be it
Resolved by the Senate:
That the Senate hereby honors Mineral County natives, the late Sergeant Jonah Edward Kelley and the late Sergeant William Edward Shuck, Jr., recipients of the Congressional Medal of Honor; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the Mineral County delegation.
At the request of Senator Sypolt, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Sypolt.
The Senate next proceeded to the thirteenth order of business.
Senator Kessler (Mr. President) announced appointment of the Select Committee on Children and Poverty for this eighty-first Legislature, and at the request of Senator Unger, and by unanimous consent, the list was ordered printed in the Journal as follows:
Senators Unger (Chair), Edgell (Vice Chair), Cookman, Laird, Miller, Palumbo, Plymale, Prezioso, Stollings, Barnes and M. Hall.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, February 15, 2013, at 11 a.m.
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