WEST VIRGINIA LEGISLATURE
SENATE
JOURNAL
EIGHTY-THIRD LEGISLATURE
REGULAR
SESSION, 2017
____________
Charleston, West Virginia, Monday, March 13, 2017
The Senate met at
(Senator Carmichael, Mr. President, in the
Chair.)
Prayer was offered by
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Tom Takubo, a
senator from the
Pending the reading of the Journal of Saturday, March 11, 2017,
At the request of Senator
The Senate proceeded to the second order of business and the introduction
of guests.
The Senate then proceeded to the
Senator
Your Committee on
Com. Sub. for Senate Bill 186 (originating in the Committee on
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for
Senate Bill 186 (originating
in the Committee on
With the recommendation that the committee substitute for committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 192, Exempting licensed surveyors from liability
for defamation or slander of title when performing professional duties.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 192 (originating in the Committee on
And,
Senate Bill 575, Limiting nuisance actions against shooting
ranges for noise.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 575 (originating in the Committee on
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 308, Clarifying administrative and law-enforcement activities of DNR police officers are related to conservation and management of state?s fish and wildlife.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill 308 (originating in the Committee on
With the recommendation that the
committee substitute do pass; but under the original double committee reference
first be referred to the Committee on
Respectfully submitted,
?
??? Chair.
The bill (Com. Sub. for S. B. 308), under the original double committee
reference, was then referred to the Committee on
Senator
Your Committee on
Senate Bill 381, Relating to Parkways Authority maintaining status quo.
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
Respectfully submitted,
?
??? Chair.
The bill, under the original double committee reference, was then
referred to the Committee on
Senator
Your Committee on
Senate Bill 413, Relating to bids on government construction
contracts.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 413 (originating in the Committee on
With the recommendation that the committee substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 461, Exempting WV State Police from state
purchasing requirements.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 461 (originating in the Committee on
With the recommendation that the committee substitute do pass; but under
the original double committee reference first be referred to the Committee on
Respectfully submitted,
?
??? Chair.
The bill (Com. Sub. for S. B. 461), under the original double committee
reference, was then referred to the Committee on
Senator
Your Committee on
Com. Sub. for Senate Bill 471,
Relating to state ownership
of wildlife.
And,
Com. Sub. for Senate Bill 474,
Exempting names of licensed
hunters from public disclosure.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 479, Relating to Sunday sales of liquor by retail
licensees.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 479 (originating in the Committee on
With the recommendation that the committee substitute do pass; but under
the original double committee reference first be referred to the Committee on
Respectfully submitted,
?
??? Chair.
The bill (Com. Sub. for S. B. 479), under the original double committee
reference, was then referred to the Committee on
Senator
Your Committee on
Senate Bill 493, Providing increase in compensation for conservation officers.
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
Respectfully submitted,
?
??? Chair.
The bill, under the original double committee reference, was then
referred to the Committee on
Senator
Your Committee on
Senate Bill 495, Relating to regulation of events by State Athletic Commission.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 524, Relating to WV academic standards.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 536, Authorizing tracking of wounded or injured bear or deer.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
The Senate proceeded to the
On motions for leave, severally made, the following bills were
introduced, read by their titles and referred to the appropriate committees:
By Senator Sypolt:
Senate Bill 586?A Bill to amend and reenact ?19-2B-4 of the Code of West Virginia, 1931,
as amended, relating to changing the annual fees for custom slaughters, custom
processors or distributors to triennial fees; and adjusting the fees
accordingly.
Referred to the Committee on Agriculture and Rural Development; and then to the Committee on Finance.
By Senator Azinger:
Senate Bill 587?A Bill to amend and reenact ?61-7-4 of the Code of West Virginia, 1931,
as amended, relating to dangerous weapons; license to carry deadly weapons; and
exempting honorably discharged veterans of the armed forces of the United
States from payment of fees and costs required to get a license to carry deadly
weapons.
Referred to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill 588?A Bill to amend and reenact ?11-1C-2, ?11-1C-4 and ?11-1C-7 of the Code
of West Virginia, 1931, as amended; and to amend and reenact ?59-1-10 of said
code, all relating to the reproduction, distribution and sale of tax maps;
defining terms; specifying powers of the Property Valuation Training and
Procedures Commission to promulgate rules; specifying duties of county
assessors; requiring that sale, reproduction and distribution of certain
records be in accordance with specified legislative rules; and specifying certain
fees.
Referred to the Committee on Government Organization.
By Senators Maynard and Cline:
Senate Bill 589?A Bill to amend and reenact ?20-1-7 of the Code of West Virginia, 1931,
as amended, relating to requiring the Director of the Division of Natural
Resources to study the feasibility of using a nonemployee workforce to perform
improvements in state parks and forests.
Referred to the Committee on Natural Resources.
By Senators Maynard and Cline:
Senate Bill 590?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated ?17A-2-24, relating to requiring the Commissioner of the Division of Motor
Vehicles to create a special registration plate for full-size special purpose
off-road vehicles, self-assembled or modified original equipment manufactured
vehicles, that would give the vehicles the same limited access to roads as
all-terrain vehicles.
Referred to the Committee on Transportation and Infrastructure.
By Senators Maynard and Cline:
Senate Bill 591?A Bill to amend and reenact ?24-6-12 of the Code of West Virginia, 1931,
as amended, relating to requiring emergency service organizations to create
districts whereby towing services within a district may be dispatched or
implement a policy whereby all available towing services within an area
currently served by an organization are dispatched on a rotating basis;
continuing the Public Service Commission?s jurisdiction over the towing service
providers themselves; and defining a term.
Referred to the Committee on Government Organization.
By Senators Palumbo, Jeffries,
Stollings, Takubo, Trump, Plymale, Prezioso, Unger, Woelfel and Cline:
Senate Bill 592?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated ?1-2-2a, relating to creating an independent
redistricting commission; designating duties of the commission; providing that
members are nominated by State Election Commission; setting forth required
traits and restrictions of members; providing for how commission members are
appointed; setting forth a process for determining the chair of the commission;
providing for the filling of vacancies of commission; requiring members to
conduct an organizational meeting and select a vice chairperson; providing for
the removal of a member for cause; providing for the filling of vacancies that
may occur on commission; setting forth certain requirements of the commission;
providing that three members constitute a quorum; providing that members are
ineligible for public office or registration as paid lobbyist for three years
after completing their last term on commission; requiring that commission plan
and propose congressional and legislative districts; providing specific
criteria that commission must observe in proposing district mappings; requiring
commission to advertise a proposed draft map of districts to the public;
permitting legislators to make inquiry of commission members regarding their
methodology and proposed redistrict mapping; requiring that commission publish
its proposals for district boundaries; requiring the commission to recommend
redistricting plans to the Legislature; authorizing a vote on the plans in an
extraordinary session called by the Governor; requiring the full Legislature to
vote on the first proposal plan ratification without amendment; setting forth a
process for subsequent proposed plans, amendment restrictions and vote
requirements; authorizing the West Virginia Supreme Court of Appeals to make the final determination
between three plans proposed by the independent redistricting commission if the
Legislature and Governor cannot agree; requiring that the commission certify to
Secretary of State that its proposals for district boundaries is in accordance
with constitutional and legal requirements; providing for reimbursement of
expenses and per diem allowances for commission members; authorizing the
commission to contract for staffing and consultants; prohibiting certain
persons from influencing or attempting to influence district mapping proposals
of the commission; and providing for the expiration of commission appointments.
Referred to the Committee on the Judiciary.
By Senator Hall:
Senate Bill 593?A Bill to amend and reenact ?11-21-74 of the Code of West Virginia, 1931,
as amended, relating generally to employer withholding of taxes; changing due
date for employers to file annual reconciliation and withholding statements
with Tax Commissioner to January 31; requiring certain employers to file W-2
information electronically with the Tax Commissioner; and deleting obsolete
language.
Referred to the Committee on Finance.
By Senator Hall:
Senate Bill 594?A Bill to amend and reenact ?11-11-17a of the Code of West Virginia,
1931, as amended, relating to eliminating tax lien waiver requirement for
estates of nonresidents.
Referred to the Committee on Finance.
By Senator Hall:
Senate Bill 595?A Bill to amend and reenact ?11-4-2 of the Code of West Virginia, 1931,
as amended, relating to authorizing county assessors to make separate entries
in their landbooks when real property is partly used for exempt, and partly for
nonexempt, purposes.
Referred to the Committee on Finance.
By Senator Azinger:
Senate Bill 596?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated ?30-31A-1, ?30-31A-2, ?30-31A-3 and ?30-31A-4, all relating to creating the West Virginia Counseling Protection Act; prohibiting state agencies and political
subdivisions from denying or restricting mental health providers from providing
counseling, or any patient from receiving counseling, intended to aid patients
in self-determined objectives; providing for judicial relief; providing for
attorney fees and costs; providing a purpose; making findings; and defining
terms.
Referred to the Committee on Health and Human Resources; and then to the
Committee on the Judiciary.
Senators Cline and Beach offered the following resolution:
Senate Concurrent Resolution 35?Urging the United States Congress to reassess the federal definition of industrial hemp, allowing the product to contain up to one percent delta-9 tetrahydrocannabinol on a dry weight basis.
Whereas, In 2002 West Virginia adopted the
Industrial Hemp Development Act to promote growth of industrial hemp farms and industry in the
state; and
Whereas, Industrial hemp
farmers and processors encourage Congress to reassess the definition of industrial
hemp as referenced in 7 U. S. C. ?5940
and increase the farm production values to one percent tetrahydrocannabinoil to
allow industrial hemp farmers to increase yield potential per acre and
profitability for all industrial hemp grown in the state; and
Whereas, A
change in the definition not only impacts the crop values for West Virginia
farmers producing industrial hemp for nutraceutical extract but also impacts
all other aspects of industry development; and
??????????? Whereas,
Increasing yield potential per acre equates to increased profit potential for
West Virginia?s farm families and industrial hemp processors; and
Whereas, A variety of products can be made from industrial hemp through its use of fiber, seed, seed oil or floral extracts. Industrial hemp can be found in products such as paper, fabric, auto parts, animal bedding, body care products and essential oils; and
Whereas, The Industrial Hemp Farming Act of 2015 amended the Controlled Substances Act of 1970 to redefine ?industrial hemp? and remove it from the current definition of ?marijuana?, thereby allowing hemp to be grown, processed, transported and sold under state and federal laws; and
Whereas, West Virginia can
prosper in the cultivation, processing, manufacturing and sale of hemp for
food, textiles, building materials and dietary supplement uses; and
Whereas, The federal government defines industrial hemp as ?the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis?; and
Whereas, Industrial hemp has thirty percent more protein per pound than beef, essential amino acids and a source of omega 3s, making it a great replacement for fish oil, useful as a replacement for coconut oil and useful for many health benefits; and
Whereas, The West Virginia Department of Agriculture has been very supportive of the hemp industry; and
Whereas, West Virginia agriculture will play a large role in the state?s future, ranking 11th in the United States in apple production, 16th in the United States turkey production and 18th in the United States chicken meat production; therefore, be it
Resolved by the
Legislature of West Virginia:
That the Legislature hereby urges the United States Congress to reassess the federal definition of industrial hemp, allowing the product to contain up to one percent delta-9 tetrahydrocannabinol on a dry weight basis; and, be it
Further Resolved, That the West Virginia Senate urges the United States Congress to consider revising the current definition of industrial hemp found in 7 U. S. C ?5940, increasing the tetrahydrocannabinol threshold of dry weight flower concentration from three tenths of one percent to one percent; and, it be
Further Resolved, That the West Virginia Senate is hereby urged to promote the increased production of industrial hemp to promote agricultural growth within the state; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to each member of West Virginia?s delegation to the United States Congress.
Which, under the rules, lies over one day.
Senators Maynard, Cline and Beach offered the following resolution:
Senate Concurrent Resolution 36?Requesting that the Joint Committee on Government and Finance study potential alternatives to current methods of recycling collection for municipalities.
Whereas, Segregation
and consolidation of recycling products for resale, such as paper, plastic,
aluminum and metal, is a profitable enterprise engaged in by both public and
private entities, including federal prisons; and
Whereas, Municipalities
potentially stand to profit from such segregation and consolidation efforts by
adopting alternative methods for collecting recyclables, such as designating
specific weeks for the collection of particular recycling products; and
Whereas, Alternative recycling collection methods could generate
profits for municipalities that could be used to reduce or eliminate trash
collection fees, facilitate infrastructure projects and/or bolster municipal
budgets; and
Whereas, The Joint
Committee on Government and Finance shall assist in this study; therefore, be
it
Resolved by the
Legislature of West Virginia:
That the Joint Committee on
Government and Finance study potential alternatives to current methods of
recycling collection for municipalities; and, be it
Further Resolved,
That the Joint Committee on Government and Finance should study the feasibility
and efficacy of adopting alternative recycling collection methods to facilitate
the bulk sale of recycling products; and, be it
Further
Resolved, That the
Joint Committee on Government and Finance report to the regular session of the
Legislature, 2018, on its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its recommendations;
and, be it
Further
Resolved, That the
expenses necessary to conduct this study, to prepare a report and to draft
necessary legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.
Which, under the rules, lies over one day.
Senator Cline offered the following resolution:
Senate Concurrent Resolution 37?Expressing support of the West Virginia Legislature urging the Department of Transportation and the Division of Highways to use existing electronic signage on highways to display appropriate highway safety messages.
Whereas, Electronic signs
are used on several highways within the state to display information relating
to road and traffic conditions; and
Whereas, Existing
electronic highway signs present an opportunity to convey safety messages to
state drivers; and
Whereas, Existing
electronic highway signs can be used to remind drivers of state laws such as
that requiring use of lighted headlights when driving between sunset and
sunrise, or in fog, smoke, rain or other unfavorable driving conditions;
therefore, be it
Resolved by the
Legislature of West Virginia:
That the Legislature hereby
expresses its support in urging the Department of Transportation and the
Division of Highways to use existing electronic highway signs to display
appropriate highway safety messages; 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 West Virginia Department of Transportation and the Commissioner
of the West Virginia Division of Highways.
Which, under the rules, lies over one day.
At the request of Senator Ferns, and by unanimous consent, the Senate
returned to the fourth order of business.
Senator
Your Committee on
Senate Concurrent Resolution 38 (originating in the Committee on
Whereas, Factors outside of the education system can have significant impact on the performance of students in school; and
Whereas, Some of these factors include abuse and neglect, poor nutrition and health care, behavior problems, homelessness, lack of parent involvement and substance abuse; and
Whereas, A trained social worker would unburden teachers and support staff so they could focus on performing their educational responsibilities; and
Whereas, The social worker could work with the guidance counselor, with the child at the school and could conduct home visits as necessary to address parental issues, provide parenting education, address social and emotional issues, address physical and mental health issues and link the family to necessary community resources; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study options for establishing a four-year social worker pilot program in which a minimum of one social worker would be provided to at least one prekindergarten through elementary school in each county; and, be it
Further Resolved, That the Joint Committee on Government and Finance
report to the regular session of the Legislature, 2018, on its findings,
conclusions and recommendations, together with drafts of any legislation
necessary to effectuate its recommendations; and, be it
??????????? Further Resolved, That the expenses necessary to conduct this study,
to prepare a report and to draft necessary legislation be paid from legislative
appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
?
??? Chair.
On motion of Senator
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution
32, US Army SGT Denver E. Short Memorial Road.
On unfinished business, coming up in regular order, was reported by the
Clerk and referred to the Committee on
Senate Concurrent Resolution
33, US Army Ranger SGT Richard E. Arden Memorial Bridge.
On unfinished business, coming up in regular order, was reported by the
Clerk and referred to the Committee on
Senate Concurrent Resolution
34, Joe Manchin, III Office
Building.
On unfinished business, coming up in regular order, was reported by the
Clerk and referred to the Committee on Government Organization.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill
212, Relating generally to
procedures for drivers? license suspensions and revocations.
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
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Mullins,
Palumbo, Plymale, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Weld
and Carmichael (Mr. President)?27.
The nays were: Maynard, Miller, Ojeda, Prezioso, Romano, Unger and
Woelfel?7.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
On motion of Senator
Eng. Com. Sub. for Senate Bill
212?A Bill to amend and reenact ?17C-5-2,
?17C-5-2b, ?17C-5-4, ?17C-5-7 and ?17C-5-12 of the Code of West Virginia, 1931,
as amended; to amend and reenact ?17C-5A-1, ?17C-5A-1a and
?17C-5A-3 of said code; to
amend said code by adding thereto two new sections, designated ?17C-5A-1b and ?17C-5A-1c; to amend said code by adding thereto a
new section, designated ?17C-5C-6; and to amend and reenact ?17C-19-3 of said
code, all relating generally to the procedures for drivers? license suspensions
and revocations for driving under the influence of alcohol, controlled
substances or drugs; transferring authority for hearing matters related to
suspensions or revocations of drivers? license for operating a motor vehicle
while under the influence of alcohol, controlled substances or drugs from the
Office of Administrative
Hearings to courts; establishing mandatory revocation periods for individuals
convicted of driving under the influence; authorizing alternate revocation
period involving participation in Motor Vehicle Alcohol Test and Lock Program for certain first offenses; establishing
mandatory revocation periods for individuals upon subsequent convictions for
driving under the influence; directing Commissioner of Division of Motor
Vehicles to revoke driver?s license upon conviction for driving under the
influence; requiring individuals whose driver?s licenses have been revoked upon
conviction for driving under the influence to complete comprehensive safety and
treatment program before driver?s license can be reinstated; prohibiting
persons convicted of certain felonies from participating in Motor Vehicle Alcohol Test and Lock Program; permitting
persons convicted of certain misdemeanors to participate in Motor Vehicle Alcohol Test and Lock Program; requiring
driver consent to require participation in Motor Vehicle Alcohol Test and Lock Program; requiring any
period of revocation imposed pursuant to a conviction begin once any period of
incarceration has been served; making individuals who are found guilty of
driving under the influence ineligible for deferral of further proceedings upon
condition of participation in Motor Vehicle Alcohol Test and Lock Program; requiring deferral program to be completed
within one year; prohibiting secondary test of blood without issuance of
warrant signed by a magistrate or circuit judge; authorizing secondary test of
blood with written consent; requiring that individual arrested for driving
under the influence be advised verbally of certain consequences for refusal to
submit to secondary chemical test; requiring that individual arrested for
driving under the influence be given written statement informing the individual
of legal consequences of taking or refusing to submit to secondary chemical
test and informing the individual of right to receive secondary blood test;
requiring arresting officer to wait fifteen minutes before refusal considered
final; requiring that, following an individual?s refusal to submit to secondary
chemical test, an arresting officer execute a signed statement that the officer
administered all required warnings; directing officer to submit copy of written
statement to Commissioner of Division of Motor Vehicles and court having
jurisdiction over charges filed against the individual; eliminating all
statutory provisions authorizing or requiring the Commissioner of the Division
of Motor Vehicles to take administrative action upon an individual?s driver?s
license on the basis of a driving under the influence arrest absent direction
from court; directing Bureau for Public Health to prepare report for Joint
Committee on Government and Finance related to minimum levels of drugs and
controlled substances to be admitted as prima facie evidence of driving under
the influence and minimum levels that laboratories can reliably identify and measure
in blood; limiting administrative jurisdiction of Division of Motor Vehicles
and Office of Administrative
Hearings to offenses occurring on or before June 30, 2017; providing that
administrative hearings relating to refusal to undergo a secondary chemical
test does not apply to offenses occurring on or after July 1, 2017; eliminating
requirement for an order entered by the Division of Motor Vehicles revoking a
driver?s license to advise individual of procedures for requesting
administrative hearing when the offense is driving under the influence;
limiting the right of individuals to challenge suspension or revocation of
driver?s licenses to the issue of mistaken identity; requiring the commissioner
to take corrective action if a driver?s license is incorrectly suspended or
revoked based on mistaken identity; providing that plea of no contest
constitutes a conviction; requiring pretrial suspension of driver?s license if
individual refuses to submit to secondary chemical test; permitting pretrial
suspension of driver?s license by court under certain circumstances;
establishing right to request and receive hearing of suspension orders pending
criminal proceedings in court where case is pending; setting time limits for
defendant to request hearing and for hearing to be held; requiring the clerk of
a court to transmit a copy of an order suspending or revoking a driver?s
license and any surrendered license to the Division of Motor Vehicles;
providing terms and length of pretrial license suspension; giving persons
convicted of driving under the influence credit for pretrial suspension time
against period of revocation imposed; authorizing court to modify pretrial
suspension of driver?s license; providing that any period of modified pretrial
driver?s license suspension is not credited against future period of revocation
imposed; establishing the scope of review for judicial review of pretrial
driver?s license suspension for refusal to submit to secondary chemical test;
directing clerk of court to forward orders on refusal hearings to Division of
Motor Vehicles; providing that finding of driver refusal is final if no hearing
requested; prescribing periods of revocation for Commissioner of Division of
Motor Vehicles to impose upon receipt of court order on refusal; directing copy
of revocation order to be sent to person by certified mail; specifying contents
of order; providing that revocation for refusal run concurrently with other
revocation imposed as a result of same incident that led to refusal; making
persons convicted of driving under the influence eligible for participation in
comprehensive safety and treatment program and related reductions in length of
revocation for successful completion thereof; establishing procedures and
timeline for the Office of Administrative
Hearings to transfer jurisdiction of certain driver?s license suspension and
revocation matters to the courts; establishing timeline for Office of Administrative Hearings to transfer
jurisdiction of certain driver?s license suspension and revocation matters to
Division of Motor Vehicles; directing arresting officer to request, and driver
to surrender, driver?s license upon arrest for driving under the influence;
eliminating obsolete language; and making technical corrections.
Senator
On this question, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns,
Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Mullins, Palumbo, Plymale,
Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Weld and Carmichael
(Mr. President)?27.
The nays were: Maynard, Miller, Ojeda, Prezioso, Romano, Unger and
Woelfel?7.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate
Thereafter, at the request of Senator
Eng. Com. Sub. for Senate Bill
299, Supplementing, amending,
decreasing and increasing items of appropriations from State Road Fund to DOH.
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: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng.
Senator
On this question, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns,
Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (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.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate
Eng. Com. Sub. for Senate Bill
300, Supplemental
appropriation from unappropriated balance in Treasury to Division of Personnel.
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: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng.
Senator
On this question, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns,
Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (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.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate
Eng. Com. Sub. for Senate Bill
301, Supplemental
appropriation of federal funds from Treasury to State Board of Education,
School Lunch Program.
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: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng.
Senator
On this question, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns,
Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (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.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate
Eng. Com. Sub. for Senate Bill
305, Supplemental
appropriation of public moneys from Treasury to Fire Commission.
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: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng.
Senator
On this question, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns,
Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (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.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate
Eng. Com. Sub. for Com. Sub.
for Senate Bill 344, Relating
to application of payments on consumer credit sale and loans.
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: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Ferns, Gaunch, Hall, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Weld, Woelfel and Carmichael (Mr. President)?28.
The nays were: Facemire, Jeffries, Miller, Romano, Rucker and Unger?6.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate
The Senate proceeded to the ninth order of business.
Senate Bill 25, Creating farm-to-food bank tax credit.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Senate Bill 28, Creating new system for certain contiguous
counties to establish regional recreation authorities.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on
On page
On page five, section two, line twenty-two, by striking out the word ?three?
and inserting in lieu thereof the word ?two?;
On page six, section two, line thirty-six, by striking out the word ?three?
and inserting in lieu thereof the word ?two?;
And,
On page six, section three, line one, by striking out the word ?three?
and inserting in lieu thereof the word ?two?.
Following discussion,
The question being on the adoption of the
Natural Resources committee amendments to the bill (S. B. 28), the same was
put.
The result of the voice vote being
inconclusive, Senator Stollings demanded a division of the vote.
A standing vote being taken, there were
twenty-one "yeas" and thirteen "nays".
Whereupon, Senator Carmichael (Mr.
President) declared the Natural Resources committee amendments to the bill adopted.
On motion of Senator Stollings, the following amendment to the bill (S.
B. 28) was next reported by the Clerk:
On page
??????????? Following discussion,
??????????? At the request of Senator Plymale,
unanimous consent being granted, the bill was laid over one day, retaining its
place on the calendar, with the amendment offered by Senator Stollings pending.
Senate Bill 256, Relating to prohibiting aiding and abetting
of sexual abuse by school personnel.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Senate Bill 326, Requiring Department of Defense family
advocacy groups be notified about abuse or neglect of military member?s child.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Senate Bill 364, Incorporating changes to Streamlined Sales
and Use Tax Agreement.
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 440,
Relating to use of Regional
Jail and Correctional Facility Authority funds.
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 455,
Relating generally to
commitment of persons to custody of Commissioner of Corrections.
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 531,
Relating to renewal date
for apiary certificates of registration.
On
At the request of Senator
Eng. Com. Sub. for House Bill
2167, Creating a Silver
Alert program for senior citizens.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on
By striking out everything after the enacting clause and inserting in
lieu thereof the following:
That ?15-3B-2, ?15-3B-3, ?15-3B-4, ?15-3B-5 and ?15-3B-6 of the Code of
West Virginia, 1931, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 3B.
SILVER ALERT PLAN.
?15-3B-2. Findings and declarations relative to ?Silver Alert Plan?.
(a) The Legislature finds that:
(1) Public alerts can be one of the most effective tools in locating missing cognitively impaired persons or senior citizens;
(2) Law-enforcement officers and other professionals
specializing in the field of missing persons agree that the most critical
moments in the search for a missing cognitively impaired person are the
first few hours immediately following the discovery that the individual is
missing, asserting that if he or she is not found within twenty-four hours, it
is unlikely that he or she will be found alive or without serious injury. The
rapid dissemination of information, including a description of the missing cognitively
impaired person or senior citizen, details of how he or she became
missing, and of any vehicle involved, to the citizens of the affected community
and region is, therefore, critical;
(3) Alerted to the situation, the citizenry become an
extensive network of eyes and ears serving to assist law enforcement in quickly
locating and safely recovering the a missing cognitively impaired
person or senior citizen;
(4) The most effective method of immediately notifying the public of a missing cognitively impaired person or senior citizen is through the broadcast media; and
(5) All forms of developing technologies are required to assist law enforcement in rapidly responding to these alerts and are an additional tool for assuring the well being and safety of our cognitively impaired citizenry. Thus, the use of traffic video recording and monitoring devices for the purpose of surveillance of a suspect vehicle adds yet another set of eyes to assist law enforcement and aid in the safe recovery of the cognitively impaired person or senior citizen.
(b) The Legislature declares that given the successes
other states and regions have experienced in using broadcast media alerts to
quickly locate and safely recover missing cognitively impaired persons,
and, with the recent development of highway video recording and monitoring
systems, it is altogether fitting and proper, and within the public interest,
to establish these programs for West Virginia.
?15-3B-3. Establishment of ?Silver Alert? program.
(a) The
Secretary of the Department of Military Affairs and Public Safety shall
establish a ?Silver Alert? , a program authorizing the broadcast
media, upon notice from the State Police, to broadcast an alert to inform the
public of a missing cognitively impaired person or a missing senior citizen,
subject to the criteria established in section four of this article. The
program shall be a voluntary, cooperative effort between state law-enforcement
and the broadcast media.
(b) For
the purposes of As used in this article, the term:
(1) ?Cognitively
impaired? means a person having a deficiency in his or her short-term or
long-term memory, orientation as to person, place, and time, deductive or
abstract reasoning, or judgment as it relates to safety: Provided, That
the cognitive impairment is not caused by the use of alcohol or drugs not
legally prescribed by a physician.; and
(2) ?Senior
citizen? means a person over sixty-five years of age.
(c) The
secretary shall notify the broadcast media serving the State of West Virginia
of the establishment of ?Silver Alert? program and invite their voluntary
participation.
(d) The
secretary shall submit a plan to the Joint Committee on Government and Finance
no later than December 1, 2009. The plan shall include ?Silver Alert?
activation protocols, evaluation of first responder training requirements and
needs as related to cognitively impaired persons and senior citizens,
coordination and utilization of established programs and analysis of any costs.
The secretary shall also make recommendations for any additional legislation or
actions necessary to further facilitate the implementation of the ?Silver Alert?
program.
?15-3B-4. Activation of Silver Alert.
The following criteria
shall be met before the State Police activate the Silver Alert:
(1) A The person is
believed to be cognitively impaired or is a senior citizen;
(2) The person is believed
to be missing, regardless of circumstance;
(3) A person who has
knowledge that the cognitively impaired person is missing has submitted
a missing person?s report to the State Police or other appropriate
law-enforcement agency;
(4) The missing person may
be in danger of death or serious bodily injury;
(5) The missing person is
domiciled or believed to be located in the State of West Virginia;
(6) The missing person is,
or is believed to be, at a location that cannot be determined by an individual
familiar with the missing person, and the missing person is incapable of
returning to the missing person?s residence without assistance; and
(7) There is sufficient
information available to indicate that a Silver Alert would assist in locating
the missing person.
?15-3B-5. Notice to participating media; broadcast of alert.
(a) To participate, the media may agree, upon notice from the State Police via email or facsimile, to transmit information to the public about a missing cognitively impaired person or senior citizen that has occurred within their broadcast service region.
(b) The alerts shall include a description of the missing cognitively impaired person or senior citizen, such details of the circumstance surrounding him or her becoming missing, as may be known, and such other information as the State Police may deem pertinent and appropriate. The State Police shall in a timely manner update the broadcast media with new information when appropriate concerning the missing cognitively impaired person or senior citizen.
(c) The alerts also shall provide information concerning how those members of the public who have information relating to the missing cognitively impaired person or senior citizen may contact the State Police or other appropriate law-enforcement agency.
(d) Concurrent with the notice provided to the broadcast media, the State Police shall also notify the Department of Transportation, the Division of Highways and the West Virginia Turnpike Commission of the ?Silver Alert? so that the department and the affected authorities may, if possible, through the use of their variable message signs, inform the motoring public that a ?Silver Alert? is in progress and may provide information relating to the missing cognitively impaired person or senior citizen and how motorists may report any information they have to the State Police or other appropriate law-enforcement agency.
(e) The alerts shall terminate upon notice from the State Police.
(f) The secretary shall develop and undertake a campaign to inform law-enforcement agencies about the ?Silver Alert? program established under this article.
?15-3B-6. Aid to missing cognitively impaired adult or senior citizen; immunity from civil or criminal liability.
No person or entity who in good faith follows and abides by the provisions of this article is liable for any civil or criminal penalty as the result of any act or omission in the furtherance thereof unless it is alleged and proven that the information disclosed was false and disclosed with the knowledge that the information was false.
The bill
Eng. Com. Sub. for House Bill
2542, Relating to public
higher education personnel.
On second reading, coming up in regular order, was read a second time
and ordered to third reading.
Eng. House Bill 2590, Updating the meaning of federal taxable income
and certain other terms used in the West Virginia Corporation Net Income Tax
Act.
On second reading, coming up in regular order, was read a second time
and ordered to third reading.
Eng. House Bill 2594, Updating the meaning of federal adjusted
gross income and certain other terms used in the West Virginia Personal Income
Tax Act.
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.
The following bills on first reading, coming up in regular order, were
each read a first time and ordered to second reading:
Com. Sub. for Senate Bill 187,
Providing for
confidentiality of patients? medical records.
Com. Sub. for Senate Bill 255,
Relating to filling
vacancies on county commissions and other county offices.
Com. Sub. for Senate Bill 302,
Supplemental appropriation
of federal funds from Treasury to Division of Human Services.
Com. Sub. for Senate Bill 303,
Supplemental appropriation
of public moneys from Treasury to DHHR.
Com. Sub. for Senate Bill 306,
Supplemental appropriation
of federal funds from Treasury to Workforce West Virginia.
Com. Sub. for Senate Bill 454,
Providing more efficient
collection and submission of state moneys received from court transactions or
court services.
Senate Bill 466, Calculating state share of gross profits
from limited video lottery revenues at 50 percent.
And,
Com. Sub. for Senate Bill 497,
Relating to liability for
health care providers who provide services at school athletic events.
The Senate proceeded to the twelfth order of business.
Remarks were made by
The Senate proceeded to the
At the request of Senator
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator
____________