WEST
VIRGINIA LEGISLATURE
SENATE
JOURNAL
EIGHTY-THIRD
LEGISLATURE
REGULAR
SESSION, 2017
____________
Charleston, West Virginia, Monday, March 27,
2017
The Senate met at
(Senator Carmichael, Mr. President, in the
Chair.)
Prayer was offered by the Reverend Frank
Miller, Director of Operations, West Virginia Baptist Conference in Ripley,
West Virginia, and Interim Pastor, Big Chimney Baptist Church, Big Chimney,
West Virginia.
The Senate was then led in recitation of the
Pledge of Allegiance by the Honorable
Pending the reading of the Journal of Saturday,
March 25, 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 third order
of business.
A message
from The Clerk of the House of Delegates announced the passage by that body, to
take effect
Eng. Com. Sub. for House Bill 2219?A Bill
to amend and reenact ?64-9-1, ?64-9-2, ?64-9-3, ?64-9-4, ?64-9-5, ?64-9-6,
?64-9-7, ?64-9-8, ?64-9-9, ?64-9-10 ?64-9-11, ?64-9-12, ?64-9-13, ?64-9-14,
?64-9-15, ?64-9-16, ?64-9-17, ?64-9-18, ?64-9-19, ?64-9-20 and ?64-9-21 of the
Code of West Virginia, 1931, as amended, all relating generally to the
promulgation of administrative rules by various executive or administrative
agencies of the state; authorizing certain agencies to promulgate certain
legislative rules in the form that the rules were filed in the State Register;
authorizing certain agencies to promulgate certain legislative rules with
various modifications presented to and recommended by the Legislative
Rule-Making Review Committee; authorizing certain agencies to promulgate
certain legislative rules with amendments recommended by the Legislative
Rule-Making Review Committee; authorizing certain agencies to promulgate
certain legislative rules with amendments recommended by the Legislature;
directing various agencies to amend and promulgate certain legislative rules;
authorizing the Commissioner of Agriculture to promulgate a legislative rule
relating to animal disease control; authorizing the Commissioner of Agriculture
to promulgate a legislative rule relating to dangerous wild animals;
authorizing the Commissioner of Agriculture to promulgate a legislative rule
relating to livestock care standards; authorizing the Commissioner of
Agriculture to promulgate a legislative rule relating to captive cervid;
authorizing the Board of Architects to promulgate a legislative rule relating
to the registration of architects; authorizing the Athletic Commission to
promulgate a legislative rule relating to administrative rules of the West
Virginia State Athletic Commission; authorizing the Athletic Commission to
promulgate a legislative rule relating to regulation of mixed martial arts;
authorizing the Auditor?s Office to promulgate a legislative rule relating to
standards for requisitions for payment issued by state officers on the Auditor;
authorizing the Auditor?s Office to promulgate a legislative rule relating to
the procedure for local levying bodies to apply for permission to extend time
to meet as levying body; authorizing the Board of Barbers and Cosmetologists to
promulgate a legislative rule relating to qualifications, training, examination
and certification of instructors in barbering and cosmetology; authorizing the
Board of Barbers and Cosmetologists to promulgate a legislative rule relating
to licensing schools of barbering, cosmetology, nail technology and aesthetics;
authorizing the Board of Barbers and Cosmetologists to promulgate a legislative
rule relating to operational standards for schools of barbering, cosmetology,
hair styling, nail technology and aesthetics; authorizing the Board of Barbers
and Cosmetologists to promulgate a legislative rule relating to the operation
of barber, beauty, nail and aesthetic shops/salons and schools of barbering and
beauty culture; authorizing the Board of Barbers and Cosmetologists to
promulgate a legislative rule relating to a schedule of fees; authorizing the
Board of Barbers and Cosmetologists to promulgate a legislative rule relating
to continuing education; authorizing the Board of Barbers and Cosmetologists to
promulgate a legislative rule relating to barber apprenticeships; authorizing
the Board of Barbers and Cosmetologists to promulgate a legislative rule
relating to waxing specialists; authorizing the Board of Examiners in
Counseling to promulgate a legislative rule relating to licensed professional
counselor fees; authorizing the Board of Examiners in Counseling to promulgate
a legislative rule relating to licensed professional counselor license renewal
and continuing professional education requirements; authorizing
the Board of Examiners in Counseling to promulgate a legislative rule relating
to marriage and family therapist fees; authorizing the Board of
Examiners in Counseling to promulgate a legislative rule relating to marriage
and family therapist license renewal and continuing professional education
requirements; authorizing the Dangerous Wild Animal Board to promulgate a
legislative rule relating to dangerous wild animals; authorizing the board of
Dentistry to promulgate a legislative rule relating to the board; authorizing
the Board of Medicine to promulgate a legislative rule relating to licensing
and disciplinary procedures: physicians; podiatrists; authorizing the Board of
Medicine to promulgate a legislative rule relating to licensure, disciplinary
and complaint procedures, continuing education, physician assistants;
authorizing the Board of Medicine to promulgate a legislative rule relating to
the dispensing of legend drugs by practitioners; authorizing the Board of
Optometry to promulgate a legislative rule relating to continuing education;
authorizing the Board of Osteopathic Medicine to promulgate a legislative rule
relating to licensing procedures for osteopathic physicians; authorizing the
Board of Osteopathic Medicine to promulgate a legislative rule relating to
osteopathic physician assistants; authorizing the Board of Pharmacy to
promulgate a legislative rule relating to the licensure and practice of
pharmacy; authorizing the Board of Pharmacy to promulgate a legislative rule
relating to mail-order and non-resident pharmacies; authorizing the Board of
Pharmacy to promulgate a legislative rule, relating to the registration of
pharmacy technicians; authorizing the Board of Pharmacy to promulgate a
legislative rule, relating to a controlled substances monitoring program;
authorizing the Board of Physical Therapy to promulgate a legislative rule
relating to fees for physical therapist and physical therapist assistant;
authorizing the Public Service Commission to promulgate a legislative rule
relating to telephone conduit occupancy; authorizing the Board of Examiners for
Registered Professional Nurses to promulgate a legislative rule relating to
requirements for registration and licensure and conduct constituting
professional misconduct; authorizing the Board of Examiners for Registered
Professional Nurses to promulgate a legislative rule relating to limited
prescriptive authority for nurses in advanced practice; authorizing the State
Board of Sanitarians to promulgate a legislative rule relating to practice of
public health sanitation; authorizing the Secretary of State to promulgate a
legislative rule relating to voter registration at the division of motor
vehicles; authorizing the Secretary of State to promulgate a legislative rule
relating to voter registration list maintenance by the Secretary of State; authorizing
the Board of Social Work Examiners to promulgate a legislative rule relating to
continuing education for social workers and providers; authorizing
the Board of Speech-Language Pathology and Audiology to promulgate a
legislative rule relating to licensure of speech-pathology and audiology;
authorizing the Treasurer?s Office to promulgate a legislative rule relating to
procedures for deposit of moneys with the State Treasurer?s Office by state
agencies; authorizing the Treasurer?s Office to promulgate a legislative rule
relating to selection of state depositories for disbursement accounts through
competitive bidding; authorizing the Treasurer?s Office to promulgate a
legislative rule relating to selection of state depositories for receipt
accounts; authorizing the Treasurer?s Office to promulgate a legislative rule
relating to procedures for processing payments from the state treasury;
authorizing the Treasurer?s Office to promulgate a legislative rule relating to
the procedure for fees in collections by charge, credit or debit card or by
electronic payment; authorizing the Treasurer?s Office to promulgate a
legislative rule relating to procedures for providing services to political
subdivisions; and authorizing the Board of Veterinary Medicine to promulgate a
legislative rule relating to standards of practice.
Referred to
the Committee on
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 2346?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?17A-3-14a, relating to motor vehicle license plates;
requiring the Commissioner of the Division of Motor Vehicles to conduct a study
on the cost effectiveness of flat license plates; to study the privatization of
the creation and issuance of license plates; and requiring a report to the
Legislative Oversight Commission on Department of Transportation
Accountability.
Referred to
the Committee on
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 2515?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?29-1-8c, relating to the West Virginia Monument and
Memorial Protection Act of 2017; prohibiting the removal, renaming, alteration,
or relocation, of any statue, monument, memorial, nameplate, plaque, school,
street, bridge, building, park, preserve, or reserve recognized by the West
Virginia State Historic Preservation Office and which is located on public
property and has been erected for, or named, or dedicated in honor of certain
historical military, labor, civil rights, and Native American events, figures,
and organizations; prohibiting any person from preventing the governmental
entity having responsibility for maintaining the items, structures, or areas
from taking proper measures to protect, preserve, care for, repair, or restore
the items, structures, or areas recognized by the West Virginia State Historic
Preservation Office; and authorizing the West Virginia State Historic
Preservation Office to grant waivers under certain circumstances.
Referred to
the Committee on
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 2721?A Bill to
amend and reenact ?17-27-5 and ?17-27-9 of the Code of West Virginia, 1931, as
amended, all relating to the public-private transportation facilities act;
reducing the cost threshold limitation on projects completed by the Division of
Highways that are eligible for funding from the state road fund; extending time
limitation by which agreements must be made; and requiring certain reporting.
At the
request of Senator
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 2722?A Bill to
amend and reenact ?17-2D-2 of the Code of West Virginia, 1931, as amended,
relating to increasing the monetary amount that may be expended for projects
using the design-build program for highway construction.
At the
request of Senator
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 2724?A Bill to
amend and reenact ?5-26-1 and ?5-26-2 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated
?5-26-3, all relating to the Herbert Henderson Office of Minority Affairs;
requiring the office to report to the Select Committee on Minority Affairs;
requiring the director to review and consider any recommendations of the Select
Committee on Minority Affairs; continuing the Minority Affairs Fund;
establishing a community-based pilot demonstration project; providing for
funding of a pilot project; setting forth objectives for the pilot project; and
requiring the leveraging of existing resources.
Referred to
the Committee on
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 2745?A Bill to
amend and reenact ?8-15-20A of the Code of West Virginia, 1931, as amended,
relating to special examination for firefighter paramedic by adding the
examination of Advanced Care Technician.
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. House Bill 2788?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?8-15-16b, relating to allowing military veterans with
certain military ratings to qualify for examinations required of a probationary
firefighter.
Referred to
the Committee on
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 2838?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?30-24-8, relating to qualifications of emergency medical
technicians; establishing an application; allowing military veterans who meet
certain qualifications to qualify for examination for license as an emergency
medical technician; requiring additional training if a certain amount of time
has elapsed; and providing for reexamination in certain circumstances.
Referred to
the Committee on
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 2841?A Bill to
amend the Code of West Virginia, 1931, as amended by adding thereto a new
section, designated ?5F-2-8, relating to requiring board members to have
attended a board meeting in order to be compensated for the meeting; requiring
the member to attest to his or her attendance and it be witnessed; and
requiring records be kept for at least five years.
Referred to
the Committee on
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 2846?A Bill to
amend the Code of West Virginia, 1931, as amended by adding thereto a new
section, designated ?30-5-11a, all relating to pharmacy technician trainees;
establishing qualifications; requiring a criminal background check; providing rulemaking
authority; and providing emergency rulemaking authority.
Referred to
the Committee on
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 2935?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?4-15-1; and to amend said code by adding thereto a new
article, designated ?29-30-1, ?29-30-2, ?29-30-3 and ?29-30-4, all relating to
state flood protection planning; providing legislative findings; defining
terms; establishing the state Flood Protection Planning Council; describing
certain duties; requiring reports; and establishing a Joint Legislative
Committee on Flooding.
Referred to
the Committee on
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 2948?A Bill to
amend and reenact ?17C-17A-7 of the Code of West Virginia, 1931, as amended; to
amend and reenact ?19-1A-3a of said code; to amend and reenact ?19-2A-4 of said
code; to amend and reenact ?19-9A-3 of said code; to amend and reenact ?19-12D-7
of said code; to amend and reenact ?19-15-2 of said code; to amend and reenact
?19-34-6 of said code; to amend and reenact ?19-35-3 of said code; to amend and
reenact ?20-3-5 of said code; to amend and reenact ?20-7A-5 of said code; to
amend and reenact ?21-10-7 of said code; to amend and reenact ?21-12-7 of said
code; to amend and reenact ?21-15-10 of said code; to amend and reenact
?24A-3-3 of said code; to amend and reenact ?29-3-12 of said code; to amend and
reenact ?29-29-4 of said code; to amend and reenact ?47-1A-10 of said code, all
relating generally to establishing timelines for taking final action on certain
permits.
Referred to
the Committee on
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 2949?A Bill to
amend and reenact ?20-1-7 of the Code of West Virginia, 1931, as amended; and
to amend and reenact ?20-5-15 of said code, all relating to exempting Division
of Natural Resources? contracts for the replacement, repair or design of
repairs to revenue-producing facilities and related infrastructure where
protecting public safety or public enjoyment and use of the facilities from the
Purchasing Division; and exempting intergovernmental cooperative agreements and
operational contracts for Prickett?s Fort from review and approval requirements
of the Purchasing Division.
Referred to
the Committee on
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 2980?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated ?15-2-24d; and to amend and reenact ?59-1-11 of said code, all
relating to fees for services rendered by circuit clerks in certain civil
actions; imposing additional fees in certain civil actions that include two or
more named defendants, respondents or third-party defendants; providing for
distribution of the additional fees; and creating a special revenue account for
the purpose of the deposit of portion of the fees.
Referred to
the Committee on the Judiciary; and then to the Committee on Finance.
A message
from The Clerk of the House of Delegates announced the passage by that body and
requested the concurrence of the Senate in the passage of
Eng. House Bill 3018?A Bill to
amend and reenact ?61-2-10b of the Code of West Virginia, 1931, as amended,
relating to crimes against the person; adding the definition of correctional
employee; including correctional employees as a group to which the criminal
penalties of malicious assault, unlawful assault, battery and assault in this
section apply; providing that any person convicted of any crime in this section
who is incarcerated at a facility operated by the West Virginia Division of
Corrections or the West Virginia Regional Jail Authority at the time the
offense was committed and whose victim is a correctional employee may not be
sentenced in a manner that the sentence would run concurrently with any other
sentence being served at the time of sentencing, but shall run consecutively to
the current sentence.
Referred to
the Committee on
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 3020?A Bill to
amend and reenact ?20-7-9 of the Code of West Virginia, 1931, as amended,
relating to criminal penalties for the offense of hunting, trapping or fishing
on the lands of another person; criminal penalties for the offense of entering
on to posted lands; criminal penalties for the offense of destroying posted land
signs; and setting those criminal penalties for such offenses to be equivalent
to those of the offense of criminal trespass.
Referred to
the Committee on
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 3053?A Bill to
amend and reenact ?17C-15-2 and ?17C-15-17 of the Code of West Virginia, 1931,
as amended, all relating to motor vehicle lighting; clarifying when certain
lights are functional; allowing certain lamps and lighting devices be uncovered
in certain circumstances; and allowing two auxiliary lamps.
Referred to
the Committee on
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 3064?A Bill to
amend and reenact ?17C-17-11 of the Code of West Virginia, 1931, as amended, relating
to permitting the Commissioner of Highways to issue permits allowing vehicles
of a size and weight exceeding certain specifications to operate over routes
specified by the commissioner; requiring an engineering analysis; providing for
maximum gross vehicle weight of 120,000; limiting routes to specified roads;
and authorizing additional terms and conditions set by the Public Service
Commission and the Commissioner of Highways.
Referred to
the Committee on
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 3093?A Bill to
repeal ?31-15C-1, ?31-15C-2, ?31-15C-3, ?31-15C-4, ?31-15C-5, ?31-15C-6,
?31-15C-7, ?31-15C-8, ?31-15C-9, ?31-15C-12 and ?31-15C-13 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new
chapter, designated ?31G-1-1, ?31G-1-2, ?31G-1-3, ?31G-1-4, ?31G-1-5, ?31G-1-6,
?31G-1-7, ?31G-1-8, ?31G-1-9, ?31G-1-10, ?31G-1-11, ?31G-1-12, ?31G-1-13;
?31G-1-14, ?31G-2-1, ?31G-2-2, ?31G-2-3, ?31G-2-4, ?31G-2-5, ?31G-2-6,
?31G-2-7, ?31G-2-8, ?31G-2-9, ?31G-2-10, ?31G-2-11, ?31G-2-12, ?31G-2-13;
?31G-2-14, ?31G-2-15, ?31G-2-16, ?31G-2-17, ?31G-2-18, ?31G-2-19, ?31G-2-20,
?31G-2-21, ?31G-2-22, ?31G-2-23, ?31G-2-24, ?31G-2-25, ?31G-2-26, ?31G-2-27;
?31G-3-1, ?31G-3-2, ?31G-4-1, ?31G-4-2, ?31G-4-3, ?31G-5-1 and ?31G-5-2, all
relating to establishing Broadband Enhancement and Expansion Polices; re-establishing
and continuing the Broadband Enhancement Council; defining terms; revising
council powers and duties; directing council to publish an annual assessment
and map of broadband in the state; authorizing council to create an interactive
map of broadband services; revising terms for retention of expert consultants;
authorizing collection of data by council; authorizing creation of guidelines
and recommendations to the Legislature for pilot project for municipalities and
counties to form non-profit cooperative associations for internet services;
authorizing creation of guidelines and recommendations to the Legislature for
voluntary pipeline donation program to facilitate broadband services;
authorizing creation of guidelines and recommendations to the Legislature for
easement program to facilitate broadband services; authorizing council to seek,
utilize and dispense non-state funding and grants; providing for legislative
rulemaking authority; authorizing formation of cooperative associations for
internet services; providing for who may organize a cooperative association;
defining terms; setting forth legislative findings and purpose; establishing
the powers of such associations; setting forth all conditions, rights and
responsibilities of such cooperative associations; declaring that cooperative
association not deemed a restraint in trade; providing for the application of
corporation laws; providing for microtrenching; defining terms; providing for
make-ready pole access; defining terms; setting forth procedure for attaching
items to third-party facilities and poles; providing for exceptions to
make-ready pole access; prohibiting internet service providers from advertising
the downstream data rate or upstream data rate service solely in terms of the
maximum anticipated data rate or as an ?up to? speed; authorizing advertisement
in terms of minimum data speeds; declaring violation to be an unfair or
deceptive act or practice; and authorizing enforcement and remedy under the
Consumer Credit and Protection Act.
Referred to
the Committee on
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 3101?A Bill to
amend and reenact ?20-2-5 of the Code of West Virginia, 1931, as amended,
relating to catching, taking, killing or attempting to catch, take or kill any
fish by any means within two hundred feet of agency personnel stocking fish
into public waters; creating a misdemeanor for violations thereof; and
providing for criminal penalties.
Referred to
the Committee on
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 3105?A Bill to
amend and reenact ?29-22A-10 of the Code of West Virginia, 1931, as amended;
and to amend and reenact ?29-25-22 and ?29-25-22b of said code, all relating to
closing certain modernization funds and distribution of remaining unexpended
balances; transferring funds remaining in the Licensed Racetrack Modernization
Fund and the Historic Resort Hotel Modernization Fund to the General Revenue
Fund of the state during the fiscal year ending June 30, 2017; providing
exceptions for recoupment of certain expenditures for eligible facility
modernization improvements from the Licensed Racetrack Modernization Fund;
prohibiting transfer of any moneys from any source for any purposes to the
Licensed Racetrack Modernization Fund; and closing the Licensed Racetrack
Modernization Fund and the Historic Resort Hotel Modernization Fund.
Referred to
the Committee on
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 3106?A Bill to
amend and reenact ?29-22B-1101 and ?29-22B-1201 of the Code of West Virginia,
1931, as amended, relating to increasing number of limited video lottery
terminals allowed at a licensed limited video lottery retailer; requiring
Lottery Commission to conduct a bid for current permit holders prior to
September 1, 2017; requiring that a public hearing be conducted prior to the
placement of certain video lottery terminals; and requiring the reduction of
the number of approved locations of video lottery terminals.
At the
request of Senator
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 27th day of March,
2017, presented to His Excellency, the Governor, for his action, the following
bill, signed by the President of the Senate and the Speaker of the House of
Delegates:
??????????? (Com. Sub. for H. B. 2318), Relating generally to human trafficking.
Respectfully submitted,
??????????????????????????????????????????????????????????????????????? ??Mark R.
Maynard,
??????????????????????????????????????????????????????????????????????? ??? Chair,
Senate Committee.
??????????????????????????????????????????????????????????????????????? ? Roger Hanshaw,
??????????????????????????????????????????????????????????????????????? ??? Chair,
House Committee.
Senator
Your Committee on
Com.
Sub. for Senate Bill 40, Requiring
inclusion of protocols for response to after-school emergencies in school
crisis response plans.
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
At the
request of Senator
Senator
Your Committee on
Senate
Bill 282, Directing Office
of Administrative Hearings to amend current legislative rule relating to appeal
procedures.
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate
Bill 286, Relating to
grandparents? visitation rights.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 286 (originating
in the Committee on
And,
Senate
Bill 465, Relating to
medical professional liability.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 465 (originating
in the Committee on
With the recommendation that the two
committee substitutes do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Com.
Sub. for Senate Bill 343 (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 343 (originating in the Committee on
With the recommendation that the committee
substitute for committee substitute do pass; but under the original triple
committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
?
??? Chair.
At the request of Senator
At the request of Senator
Senator
Your Committee on
Com.
Sub. for Senate Bill 399, (originating
in the Committee on the Workforce), Prohibiting political subdivisions from
enacting local ordinances regulating benefits employers provide to employees.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Com. Sub. for Senate Bill 399 (originating in the Committee on
Com.
Sub. for Senate Bill 469, (originating
in the Committee on Natural Resources), Prohibiting waste of game animals,
birds or fish.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Com. Sub. for Senate Bill 469 (originating in the Committee on
And,
Com.
Sub. for Senate Bill 507, (originating
in the Committee on Banking and Insurance), Allowing pharmacists inform
customers about lower cost alternatives to prescribed drugs.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Com. Sub. for Senate Bill 507 (originating in the Committee on
With the recommendation that the three
committee substitutes for committee substitutes do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate
Bill 446, Authorizing
Governor issue executive orders to furlough state employees.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 446 (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.
At the request of Senator
Senator Ferns requested unanimous consent
that the bill (Com. Sub. for S. B. 446) be taken up for immediate
consideration.
Which consent was not granted, Senator Beach
objecting.
Thereafter, on motion of Senator Ferns, the
bill
Senator
Your Committee on
Com.
Sub. for Senate Bill 482 (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 482 (originating in the Committee on
With the recommendation that the committee
substitute for committee substitute do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate
Bill 516, Establishing DOC
responsibility for costs of housing and maintaining inmate.
And reports the same back with the
recommendation that it do pass; but with the further recommendation that it
first be referred to the Committee on
Respectfully submitted,
?
??? Chair.
At the request of Senator
On motion of Senator Trump, the bill was
referred to the Committee on Finance.
Senator
Your Committee on
Com.
Sub. for Senate Bill 526 (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 526 (originating in the Committee on
With the recommendation that the committee
substitute for committee substitute do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Com.
Sub. for Senate Bill 549
(originating in the Committee on Transportation and Infrastructure), Allowing individuals at least 21 or
older operate or ride motorcycle without helmet.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Com. Sub. for Senate Bill 549 (originating in the Committee on the Judiciary)?A Bill to amend and
reenact ?17C-15-44 of the Code of West Virginia, 1931, as amended, relating to
allowing individuals at least twenty-one years of age to operate or ride a
motorcycle without a helmet under specified conditions; permitting certain
persons to ride or operate motorcycle without a helmet; setting forth
conditions that must be met by person to ride or operate motorcycle without a
helmet; authorizing rulemaking; eliminating obsolete language; and exempting
autocycle operators from requirement to wear a helmet.
Without recommendation as to passage for the
committee substitute for committee substitute; but with the further recommendation
that it be rereferred to the Committee on
Respectfully submitted,
?
??? Chair.
Senator
Which consent was not granted, Senator
Stollings objecting.
Thereafter, on motion of Senator
On motion of Senator Trump, the bill was rereferred
to the Committee on the Judiciary.
Senator
Your Committee on
Senate
Bill 557, Dissolving
Information Services and Communications Division.
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.
Senator Hall, as chair of the Committee on
Thereafter, at the request of Senator Hall,
and by unanimous consent, his foregoing motion was withdrawn.
At the request of Senator
Senator
Your Committee on
Senate
Bill 560, Creating medical
malpractice peer review panel by Board of Medicine.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 560
(originating in the Committee on the Judiciary)?A Bill to amend and reenact
section ?55-7B-2 of the Code of West Virginia, 1931, as amended; and to amend
said code by adding thereto thirteen new sections, designated ?55-7B-6d,
?55-7B-6e, ?55-7B-6f, ?55-7B-6g, ?55-7B-6h, ?55-7B-6i, ?55-7B-6j, ?55-7B-6k,
?55-7B-6l, ?55-7B-6m, ?55-7B-6n, ?55-7B-6o and ?55-7B-6p, all relating to
establishing a medical malpractice review panel; defining terms; allowing the
Board of Medicine to convene a review panel; making use of the panel voluntary;
providing for selection of a chairperson; setting forth powers and duties of
the chairperson; providing for selection of panel members; setting out a
procedure to challenge panel members; setting out powers and duties of the
review panel; providing for matters which the panel may consider in their
deliberations; requiring the panel to issue findings and expert opinions;
establishing a procedure for the payment of costs and fees; allowing the report
to be admissible in court in certain circumstances; granting civil and criminal
immunity to panel members; providing for compensation of panel members; and
providing for rulemaking.
Without recommendation as to passage for the
committee substitute; but with the further recommendation that it first be rereferred
to the Committee on
Respectfully submitted,
?
??? Chair.
At the request of Senator
Thereafter, on motion of Senator Trump, the
bill was rereferred to the Committee on the Judiciary, and then, under the
original double committee reference, to the Committee on Finance.
Senator
Your Committee on
Senate
Bill 562, Relating to civil
actions for damages brought against county commissions and municipalities.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 562
(originating in the Committee on the Judiciary)?A Bill to amend and reenact ?17-10-17 of the Code
of West Virginia, 1931, as amended, relating to civil actions for damages
brought against county commissions and municipalities by persons injured by
reason of a slip, trip, fall or similar injury resulting from defect,
disrepair, maintenance of, or failure to maintain or repair any road, bridge,
street, sidewalk, alleyway or public walkway.
And,
Senate
Bill 673, Providing
procedure for WV to select delegates to Article V convention.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 673
(originating in the Committee on the Judiciary)?A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article, designated
?3-11A-1, ?3-11A-2, ?3-11A-3, ?3-11A-4 and ?3-11A-5, all relating to providing
procedure for West Virginia to select delegates to an Article V convention for
proposing amendments to Constitution of the United States of America; defining
terms; directing Legislature to establish committee of correspondence for
Article V convention; authorizing participation by delegates in Article V
convention only when each state has equal vote; setting forth delegate duties
and responsibilities; setting forth oath for candidate for delegate or
alternate; designating delegates and alternates as public officials and subject
to West Virginia Governmental Ethics Act; providing for immediate recall of
delegate casting unauthorized vote and replacement with alternate; directing
Legislature to certify certain information to Article V convention; making
violation of delegate?s oath a felony; and providing criminal penalties for
violation of a delegate?s oath.
Without recommendation as to passage for the
two committee substitutes; but with the further recommendation that they be rereferred
to the Committee on
Respectfully submitted,
?
??? Chair.
At the request of Senator
On motion of Senator Trump, the bills were rereferred
to the Committee on the Judiciary.
Senator
Your Committee on
Senate
Bill 613, Relating to
composition of State Fire Commission.
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate
Bill 636, Authorizing State
Fire Commission establish program to address problems facing VFDs.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 636 (originating
in the Committee on
With the recommendation that the committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate
Bill 656, Relating to
Student Data Accessibility, Transparency and Accountability Act.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 656 (originating
in the Committee on
With the recommendation that the committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate
Bill 664, Removing
limitation on amount counties collect on hotel occupancy tax.
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee
on
Senate Bill 691 (originating in the
Committee on
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
The Senate proceeded to the
Senators Beach, Cline, Stollings, Plymale
and Rucker offered the following resolution:
Senate Resolution 53?Designating March 27, 2017, as West Virginia Industrial Hemp Day at the Capitol.
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, The Agricultural Act of 2014 ?7606, Legitimacy of Industrial Hemp Research, 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, A variety of products can be made from industrial hemp through its use of fiber, seed, seed oil, floral extracts and root. Industrial hemp can be found in products such as paper, fabric, auto parts, animal bedding, body care products and essential oils; and
Whereas, Industrial hemp has more protein per pound than beef, has essential amino acids and is a sustainable source of omega-3 making it a great replacement for fish oil and useful for many other health benefits; and
Whereas, Industrial hemp farmers and processors have begun evaluating the profitability of farming and processing operations within the state after successfully cultivating 9 acres of industrial hemp in 2016; and
Whereas, Licensed hemp farmers across the state are currently prepping ground to plant 30 acres of hemp in 2017; and
Whereas, Industrial hemp was grown on the organic farm at West Virginia University in 2016 for research and development; and
Whereas, Industrial hemp will provide new opportunity for innovation and entrepreneurship to revitalize agricultural industries and keep more young talent in the state; and
Whereas, The West Virginia Department of Agriculture has been very supportive of the hemp industry and is making efforts to expand the access for farmers to join the program and increase access to idle infrastructure across the state; 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; and could be a leader in industrial hemp farming, processing and advanced manufacturing of value added materials and products; therefore, be it
Resolved by the
That the Senate hereby designates March 27, 2017, as West Virginia Industrial Hemp Day at the Capitol; and, be it
Further Resolved, That the West Virginia Senate urges the promotion of increased production of industrial hemp to promote agricultural growth within the state; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy
of this resolution to each member of West Virginia?s delegation to the United
States Congress.
At the request of Senator
On motion of Senator Ferns, the Senate
recessed for one minute.
Upon expiration of the recess, the Senate
reconvened and resumed business under the sixth order.
Senators Ferns, Stollings, Plymale, Beach
and Rucker offered the following resolution:
Senate Resolution 54?Designating March 27, 2017, as Women?s and Girls? Day at the Legislature.
Whereas, March is Women?s History Month, where we commemorate and encourage the study, observance and celebration of the vital role of women in American history; and
Whereas, West Virginia women of every race, class and ethnic background have made historic contributions to the growth and strength of our state and nation in countless recorded and unrecorded ways; and
Whereas, West Virginia women have played and continue to play critical economic, cultural and social roles in every sphere of the life of our state and the nation by constituting a significant portion of the labor force; and
Whereas, West Virginia women have served our country courageously in the military; and??????????? Whereas, West Virginia citizens are proud of the accomplishments and achievements of women in our state, both in the private and public sectors and appreciate their many contributions to our communities as they continue to advance in leadership roles in our society; therefore, be it
Resolved by the
That the Senate designates March 27, 2017, as Women?s and Girls? Day at the Legislature; and, be it
Further Resolved, That the Senate expresses its sincere gratitude and appreciation to women for the many contributions they make to the State of West Virginia in all facets of our society; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the to appropriate representatives of Women?s and Girls? Day at the Legislature.
At the request of Senator
On motion of Senator Ferns, the Senate
recessed for one minute.
Upon expiration of the recess, the Senate
reconvened and proceeded to the
Eng.
Com. Sub. for Senate Bill 69, Creating Sexual Assault Victims? Bill of Rights.
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 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
Eng.
Com. Sub. for Senate Bill 74, Allowing fire departments to charge fees for service calls.
Having been read a third time on Saturday,
March 25, 2017, and now coming up in regular order, was reported by the Clerk.
At the request of Senator
Eng.
Com. Sub. for Senate Bill 167, Relating to DNA evidence.
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, 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 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
Eng.
Com. Sub. for Senate Bill 210, Renaming Local Powers Act the County Local Powers Act.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were:
Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Palumbo, Plymale,
Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Weld, Woelfel and
Carmichael (Mr. President)?29.
The nays were: Facemire, Ojeda, Prezioso,
Romano and Unger?5.
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
Eng.
Com. Sub. for Senate Bill 316, Requiring individuals receiving unemployment compensation apply for and
accept seasonal employment.
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 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
Eng.
Com. Sub. for Senate Bill 380, Creating 2-year pilot program to allow all-terrain or recreational
vehicles in Cabwaylingo State Forest.
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, 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)?33.
The nays were: Beach?1.
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
Eng.
Com. Sub. for Senate Bill 388, Relating to dangerous weapons.
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 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
At the request of Senator Azinger, and by
unanimous consent, the Senate returned to the second order of business and the
introduction of guests.
The Senate then resumed consideration of the
remainder of its
Eng.
Com. Sub. for Senate Bill 412, Relating to WV Jobs Act reporting requirements.
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, Blair, Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall, Jeffries,
Karnes, Mann, Maroney, Maynard, Mullins, Rucker, Smith, Swope, Sypolt, Takubo,
Trump, Weld and Carmichael (Mr. President)?23.
The nays were: Beach, Facemire, Miller,
Ojeda, Palumbo, Plymale, Prezioso, Romano, Stollings, Unger and Woelfel?11.
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
Com.
Sub. for Senate Bill 437, Discontinuing
WV Greyhound Breeding Development Fund.
On third reading, coming up in regular
order, with the right having been granted on Saturday, March 25, 2017, for
amendments to be received on third reading, was reported by the Clerk.
On motion of Senator
On page
On page sixty-five, section twelve, line thirty-one, after the word ?racetrack?
by changing the period to a colon and adding the following proviso: Provided further, That nothing in this
subdivision permits a racetrack to operate operational video lottery terminals
or offer video lottery games in more than one location.;
On page seventy, section three, line one hundred twelve, by striking out
the word ?a? and inserting in lieu thereof the words ?an alternate?;
And,
On page seventy, section three, line one hundred thirteen, after the
word ?racetrack? by changing the period to a colon and adding the following
proviso: Provided, That nothing in this subdivision
permits a racetrack to offer West Virginia lottery table games in more than one
location.
There being no further amendments offered,
The bill, as just amended, was ordered to
engrossment.
Engrossed
Pending extended discussion,
The question being ?Shall Engrossed
On the passage of the bill, the yeas were:
Azinger, Blair, Boley, Boso, Cline, Karnes, Mann, Maynard, Miller, Plymale,
Prezioso, Rucker, Smith, Swope, Sypolt, Trump, Unger, Woelfel and Carmichael
(Mr. President)?19.
The nays were: Beach, Clements, Facemire,
Ferns, Gaunch, Hall, Jeffries, Maroney, Mullins, Ojeda, Palumbo, Romano,
Stollings, Takubo and Weld?15.
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
437?A Bill to amend and
reenact ?19-23-3, ?19-23-7, ?19-23-10, ?19-23-12b, ?19-23-13 and ?19-23-13c of
the Code of West Virginia, 1931, as amended; to amend said code by adding
thereto a new section, designated ?19-23-10a; to amend and reenact ?29-22-18a
of said code; to amend and reenact ?29-22A-3, ?29-22A-7, ?29-22A-10,
?29-22A-10b, ?29-22A-10d, ?29-22A-10e and ?29-22A-12 of said code; and to amend
and reenact ?29-22C-3, ?29-22C-8, ?29-22C-10, ?29-22C-27 and ?29-22C-27a of
said code, all relating generally to horse and dog racing lottery; modifying
certain definitions; discontinuing the West Virginia Racing Commission special
account known as the West Virginia Greyhound Breeding Development Fund;
transferring all moneys in the West Virginia Greyhound Breeding Development
Fund to the State Excess Lottery Revenue Fund for appropriation by the
Legislature; requiring that upon transfer of moneys from the West Virginia
Greyhound Breeding Development Fund to the State Excess Lottery Revenue Fund, a
certain amount be withheld and deposited in the special account known as the
Administration, Promotion, Education, Capital Improvement and Greyhound
Adoption Programs to include Spaying and Neutering Account; requiring that all
moneys previously required to be directed to the West Virginia Greyhound Breeding
Development Fund be redirected to the State Excess Lottery Revenue Fund for
appropriation by the Legislature; requiring that all moneys previously required
to be directed into any fund or paid for the purpose of funding purses, awards
or providing any other funding for greyhound races be redirected to the State
Excess Lottery Revenue Fund for appropriation by the Legislature; eliminating
the requirement that an applicant for a dog racing license race a minimum
number of dates to qualify for such license; eliminating the requirement that
an applicant for a dog racing license race a minimum number of dates to
contract to receive telecasts and accept wagers; providing that a dog racetrack
is required to hold a racing license to conduct simulcast racing regardless of
whether the racetrack continues to conduct live dog racing; authorizing the
West Virginia Racing Commission to promulgate rules, including emergency rules,
regarding licensure of dog racetracks conducting only simulcast racing;
eliminating the requirement that a video lottery licensee at a dog track must
hold a racing license to renew a video lottery license or racetrack table games
license; requiring the Lottery Commission to transfer a percentage of gross
terminal revenue derived from racetrack video lottery at thoroughbred
racetracks, and deducted for administrative costs and expenses, to the Racing
Commission?s general administrative account; eliminating the requirement that
an applicant for a video lottery license or license renewal at a dog racetrack
must provide evidence of the existence of an agreement regarding proceeds from
video lottery terminals with certain parties; providing that a percentage of
net terminal income originating at dog racetracks will be deposited in the
State Excess Lottery Revenue Fund; providing that a percentage of net terminal
income originating at thoroughbred racetracks will be deposited in the West
Virginia Thoroughbred Development Fund; permitting a dog racetrack to continue
to operate operational video lottery and racetrack table games in a location
where live racing was previously conducted or in an alternate location within
the county as approved by the Lottery Commission; and eliminating the
requirement that a racetrack table games licensee at a dog racetrack must race
a minimum number of dates.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
Eng.
Com. Sub. for Senate Bill 453, Adding classification and base salaries of certain civilian employees of
WV State Police Forensic Laboratory.
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 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
Eng.
Senate Bill 493, Providing
increase in compensation for conservation officers.
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, 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 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
Eng.
Senate Bill 504, Defining ?special
aircraft property?.
On
At the request of Senator
Com.
Sub. for Senate Bill 539, Relating
to regulation and control of financing elections.
On third reading, coming up in regular
order, with Senator Miller?s amendments pending and with the right having been
granted on Saturday, March 25, 2017, for other amendments to be received on third
reading, was reported by the Clerk.
The question being on the adoption of
Senator Miller?s amendments to the bill (shown
in the Senate Journal of Saturday, March 25, 2017, pages 72 and 73).
??????????? Senator Trump then
requested a division of the question contained in the amendments offered by
Senator Miller.
??????????? The President then
stated that, without objection, the question would be divided; and the body
would first vote on Senator Miller?s amendment to the bill on page nine,
section one-a, line forty-nine, after the word ?expenses? by inserting the
words ?paid by the volunteer?.
??????????? Following discussion,
??????????? The question being on
the adoption of Senator Miller?s amendment to the bill (Com. Sub. for S. B.
539), the same was put and prevailed.
The question now being on the adoption of Senator Miller?s amendments to
the bill on page
On page fifteen, section one-a, line two hundred, by striking out the
words ?which are made?;
On pages fifteen and sixteen, section one-a, lines two hundred one
through two hundred twenty-three, by striking out all of paragraphs (A), (B),
(C) and (D) and inserting in lieu thereof the following:
The following are types of
political action committees:
(A) A corporate political
action committee, as that term is defined by subdivision (8) of this section;
(B) A political action
committee that is a separate segregated fund of a membership organization, as
that term is defined by subdivision (18) of this section, and that
organization may only accept contributions from its restricted group as
outlined by the rules of the State Election Commission;
(C) An unaffiliated
political action committee, as that term is defined by subdivision (29) of
this section; and
(D) A caucus campaign
committee.;
On page seventeen, section one-a, line two hundred thirty-seven, after
the word ?candidate;? by inserting the word ?and?;
On page seventeen, section one-a, line two hundred thirty-nine, after
the word ?material? by changing the semicolon to a period and striking out the
remainder of the subdivision;
On page thirty-six, section five-d, lines three and four, by changing
the colon to a period and striking out the proviso;
On page forty-six, section nine, lines sixty-seven through seventy, by
striking out all of subsection (b) and inserting in lieu thereof a new
subsection, designated subsection (b), to read as follows:
(b) A political action committee may not contribute to another political
action committee or receive contributions from another political action
committee: Provided, That a political action committee may receive
contributions from its national affiliate, if any.;
On page forty-nine, section eleven, lines twenty-three through
thirty-one, by striking out all of subsection (d) and inserting in lieu thereof
a new subsection, designated subsection (d), to read as follows:
(d) Any person who shall pay any owner, publisher, editor or employee or
any newspaper or other periodical, to advocate or oppose editorially, any
candidate for nomination or election, or any political party, or any measure to
be submitted to the vote of the people or any owner, publisher, editor or
employee, who shall solicit or accept such payment, is guilty of a misdemeanor
and, on conviction thereof, shall be fined not more than $10,000, or confined
in jail for not more than one year or, in the discretion of the court, shall be
subject to both such fine and imprisonment.;
And,
On page fifty-two, section twelve, lines sixty-nine and seventy, by
striking out the words ?other than another independent expenditure-only
political action committee?.
Following discussion,
The question being on the adoption of Senator Miller?s amendments to the
bill, the same was put and did not prevail.
On motion of Senator Jeffries, the following
amendments to the bill (Com. Sub. for S. B. 539) were next reported by the
Clerk and considered simultaneously:
On page
On pages thirty-three through thirty-seven, section five-a, lines
eighty-two through one hundred seventeen, by striking out the remainder of the
section and inserting in lieu thereof the following:
(k) Any membership
organization which raises funds for political purposes by payroll deduction,
assessing them as part of its membership dues or as a separate assessment, may
report the amount raised as follows:
(1) If the portion of dues
or assessments designated for political purposes equals $25 or less per member
over the course of a calendar year, the total amount raised for political
purposes through membership dues or assessments during the period is reported
by showing the amount required to be paid by each member and the number of
members.
(2) If the total payroll
deduction for political purposes of each participating member equals $25 or
less over the course of a calendar or fiscal year, as specified by the
organization, the organization shall report the total amount received for
political purposes through payroll deductions during the reporting period and,
to the maximum extent possible, the amount of each yearly payroll deduction
contribution level and the number of members contributing at each such
specified level. The membership organization shall maintain records of the name
and yearly payroll deduction amounts of each participating member.
(3) If any member
contributes to the membership organization through individual voluntary
contributions by means other than payroll deduction, membership dues, or
assessments as provided in this subsection, the reporting requirements of
subdivision (3), subsection (a) of this section shall apply. Funds raised for
political purposes must be segregated from the funds for other purposes and
listed in its report.
(l) Notwithstanding the
provisions of section five of this article or of the provisions of this section
to the contrary, an alternative reporting procedure may be followed by a
political party committee in filing financial reports for fund-raising events
if the total profit does not exceed $5,000 per year. A political party
committee may report gross receipts for the sale of food, beverages, services,
novelty items, raffle tickets or memorabilia, except that any receipt of more
than $50 from an individual or organization shall be reported as a
contribution. A political party committee using this alternative method of
reporting shall report:
(i) The name of the
committee;
(ii) The type of
fund-raising activity undertaken;
(iii) The location where
the activity occurred;
(iv) The date of the
fundraiser;
(v) The name of any
individual who contributed more than $50 worth of items to be sold;
(vi) The name and amount
received from any person or organization purchasing more than $50 worth of
food, beverages, services, novelty items, raffle tickets or memorabilia;
(vii)
The gross receipts of the fundraiser; and
(viii) The date, amount, purpose and name and address of each person or
organization from whom items with a fair market value of more than $50 were
purchased for resale.;
On pages forty-eight and forty-nine, section eleven, lines sixteen
through nineteen, after the word ?communication? by changing the colon to a
period and striking out the remainder of the subsection;
On page fifty-four, section twelve, lines one hundred seventeen through
one hundred thirty-one, by striking out all of subsection (n);
And,
By relettering the remaining subsections.
??????????? Following discussion,
??????????? The question being on
the adoption of Senator Jeffries? amendments to the bill, the same was put and did
not prevail.
On motion of Senator Romano, the following
amendments to the bill (Com. Sub. for S. B. 539) were next reported by the
Clerk and considered simultaneously:
On page
On page nineteen, section two, line thirty-two, by striking out the word
?explicit?;
On page nineteen, section two, line thirty-six, by striking out ?$1,000?
and inserting in lieu thereof ?$250?;
On page twenty-three, section two-b, line twenty-six, by striking out
the words ?made for the explicit purpose of financing any? and inserting in
lieu thereof ?used to pay for?;
On page twenty-four, section two-b, line thirty-one, by striking out ?$1,000?
and inserting in lieu thereof ?$250?;
And,
On page twenty-nine, section five, line fourteen, by striking out the
word ?explicit?.
Following discussion,
The question being on the adoption of
Senator Romano's amendments to
the bill, and on this question, Senator Romano demanded the yeas and nays.
The roll being taken, the yeas were: Beach,
Facemire, Jeffries, Miller, Ojeda, Palumbo, Plymale, Prezioso, Romano,
Stollings, Takubo, Unger and Woelfel?13.
The nays were: Azinger, Blair, Boley, Boso,
Clements, Cline, Ferns, Gaunch, Hall, Karnes, Mann, Maynard, Mullins, Rucker,
Smith, Swope, Sypolt, Trump, Weld and Carmichael (Mr. President)?20.
Absent: Maroney?1.
So, a majority of those present and voting
not having voted in the affirmative, the President declared Senator Romano's amendments to the bill rejected.
On motion of Senator Miller, the following
amendment to the bill (Com. Sub. for S. B. 539) was next reported by the Clerk:
On page
??????????? Following discussion,
??????????? The question being on
the adoption of Senator Miller?s amendment to the bill, and on this question,
Senator Miller demanded the yeas and nays
The roll being taken, the yeas were: Beach,
Facemire, Jeffries, Maroney, Miller, Ojeda, Palumbo, Plymale, Prezioso, Romano,
Rucker, Stollings, Unger and Woelfel?14.
The nays were: Azinger, Blair, Boley, Boso,
Clements, Cline, Ferns, Gaunch, Hall, Karnes, Mann, Maynard, Mullins, Smith,
Swope, Sypolt, Takubo, Trump, Weld and Carmichael (Mr. President)?20.
Absent: None.
So, a majority of those present and voting
not having voted in the affirmative, the President declared Senator Miller's amendments to the bill rejected.
There being no further amendments offered,
The bill, as amended by Senator Palumbo on
Saturday, March 25, 2017, and as amended by Senator Miller today, Monday, March
27, 2017, was ordered to engrossment.
Engrossed
(Senator Sypolt
in the Chair.)
Pending discussion,
(Senator
Carmichael, Mr. President, in the Chair.)
The question being ?Shall Engrossed
On the passage of the bill, the yeas were:
Azinger, Blair, Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall, Karnes,
Mann, Maynard, Mullins, Rucker, Smith, Swope, Sypolt, Takubo, Trump, Weld and
Carmichael (Mr. President)?21.
The nays were: Beach, Facemire, Jeffries,
Miller, Ojeda, Palumbo, Plymale, Prezioso, Romano, Stollings, Unger and Woelfel?12.
Absent: Maroney?1.
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
Eng.
Senate Bill 566, Claims
against state.
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, Maynard, Miller, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Maroney?1.
So, a majority of all the members present
and voting 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, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Maroney?1.
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
Com.
Sub. for Senate Bill 576, Providing
exception to waste for certain oil and gas development.
On
At the request of Senator
Eng.
Com. Sub. for Senate Bill 586, Changing fees for custom slaughters from annual to triennial.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
Pending discussion,
The question being ?Shall Engrossed
Committee Substitute for Senate Bill 586 pass??
On the passage of the bill, the yeas were:
Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso,
Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld,
Woelfel and Carmichael (Mr. President)?32.
The nays were: Azinger?1.
Absent: Maroney?1.
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
Senator
Which consent was not granted, Senator
Romano objecting.
Eng.
Senate Bill 614, Relating
to expansion of broadband service.
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, 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 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
Eng.
Com. Sub. for Com. Sub. for Senate Bill 628, Relating to providing funding for Statewide Interoperable Radio Network.
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 present
and voting 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 631, Prosecuting violations of municipal building code.
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, Mann, Maroney, Miller, Mullins, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld,
Woelfel and Carmichael (Mr. President)?31.
The nays were: Karnes, Maynard and Rucker?3.
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
Eng.
Com. Sub. for Senate Bill 671, Relating to WV Anatomical Board.
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 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
Eng.
Senate Bill 685, Creating a
one-day special license for charitable events sell nonintoxicating beer.
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 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
Eng.
Senate Joint Resolution 10, Eliminating
Office of Surveyor of Lands Amendment.
On third reading, coming up in regular
order, was read a third time and put upon its adoption.
Pending discussion,
??????????? Senator Boso moved to
table the resolution.
Which motion, the President ruled out of
order as Senator Sypolt had the floor.
Pending discussion,
Senator Boso moved to table the resolution.
The question being on the adoption of
Senator Boso?s aforestated motion, the same was put and prevailed and the
resolution (Eng. S. J. R. 10) was laid upon the table
Eng.
Com. Sub. for House Bill 2001, Relating to ethics and transparency in government.
On
At the request of Senator
Pending announcement of meetings of standing
committees of the Senate,
On motion of Senator
Night Session
Upon expiration of the recess, the Senate
reconvened and proceeded to the ninth order of business.
Com.
Sub. for Com. Sub. for Senate Bill 60, Relating to eligibility and fraud requirements for public assistance.
On second reading, coming up in regular
order, was read a second time.
On motion of Senator Gaunch, the following
amendments to the bill were reported by the Clerk, considered simultaneously,
and adopted:
On page
On page thirteen, section twelve, line
eight, by striking out the words ?jewelry stores,?;
And,
On page thirteen, section twelve, line nine,
by striking out the words ?tobacco paraphernalia stores,?.
??????????? On motion of Senator Facemire, the following amendments to bill (Com. Sub. for Com. Sub. for S. B. 60) were next reported by the Clerk and considered simultaneously:
On
page
And
by renumbering the remaining subdivisions;
On
pages four through six, lines one through fifty-three, by striking out all of
section three;
And,
By
renumbering the remaining sections.
??????????? Following discussion,
??????????? The question being on the adoption of Senator Facemire?s amendments to the bill, the same was put and did not prevail.
??????????? On motion of Senator Palumbo, the following amendments to the bill (Com. Sub. for Com. Sub. for S. B. 60) were next reported by the Clerk and considered simultaneously:
On page
On page thirteen, section twelve, line
twenty, after the word ?offense,? by inserting the words ?for up to one year
following the second offense,?;
And,
On page thirteen, section twelve, line
twenty-one, by striking out the word ?second? and inserting in lieu thereof the
word ?third?.
??????????? Following discussion,
??????????? The question being on the adoption of Senator Palumbo?s amendments to the bill, the same was put and prevailed.
The bill
Com.
Sub. for Senate Bill 217, Relating
to disclaimers of warranties regarding used manufactured homes.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Com.
Sub. for Com. Sub. for Senate Bill 281, Increasing number of limited video lottery machines allowed at retail
location.
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 376, Relating
generally to Sex Offender Registration Act .
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Senate
Bill 401, Allowing county
board of education base employment decisions on individual?s qualifications.
On second reading, coming up in regular
order, was read a second time.
On motion of Senator
On page
On page one, section seven-a, lines six
through eight, by striking out the comma and the words ?transfers,
reassignments, reducing the number of professional personnel, reductions in
classroom teaching positions and reductions in force?;
On page four, section seven-a, line
seventy-seven, after the word ?qualifications? by striking out the remainder of
the subsection and inserting in lieu thereof the following: as set forth in a
county board policy. Furthermore, for the purposes of this subsection and
subsections (k) through (s) of this section, the word ?qualifications? means
the qualifications as set forth in county board policy and only means
qualifications set forth in subsection (b) to the extent those qualifications
are set forth in county board policy.;
On page four, section seven-a, line eighty,
by striking out the words ?subsection (b) of this section? and inserting in
lieu thereof the words ?county board policy?;
On page five, section seven-a, line one
hundred sixteen, by striking out the word ?shall? and inserting in lieu thereof
the word ?may?;
On page five, section seven-a, line one
hundred seventeen, after the word ?level? by striking out the remainder of the
subsection and inserting in lieu thereof the following: certification,
licensure or both, along with the days in the period of employment.;
On pages six, section seven-a, line one hundred
twenty, by striking out the words ?subsection (b) of this section? and
inserting in lieu thereof the words ?county board policy?;
On page six, section seven-a, lines one
hundred twenty-seven through one hundred thirty-three, by striking out all of
subsection (n) and inserting in lieu thereof a new subsection, designated
subsection (n), to read as follows:
(n) The board shall annually notify
professional personnel on the preferred list of job application procedures and
any websites used to advertise vacancies. The notice shall be sent by certified
U. S. postal mail to the last known address of the employee, and it shall be
the duty of each professional person to notify the board of continued
availability annually of any change in address, or of any change in
certification, licensure or both.;
On page six, section seven-a, line one
hundred thirty-eight, by striking out the word ?post? and inserting in lieu
thereof the word ?repost?;
On page six, section seven-a, line one
hundred thirty-nine, by striking out the words ?one additional time?;
On page six, section seven-a, line one
hundred forty, by striking out the words ?only if fewer than three individuals
apply during the first posting?;
On page six, section seven-a, line one
hundred forty-three, after the word ?days? by inserting the words, ?which may
include any website maintained by the county board?;
On page seven, section seven-a, line one
hundred sixty-nine, by striking out the words ?subsection (b) of this section?
and inserting in lieu thereof the words ?county board policy?;
On page eight, section seven-a, line one
hundred seventy-four, by striking out the word ?most? and inserting in lieu
thereof the word ?least?;
On page eight, section seven-a, line one
hundred seventy-six, by striking out the word ?most? and inserting in lieu
thereof the word ?least?;
On page eight, section seven-a, lines one
hundred eight-five through one hundred eighty-seven, by striking out all of
subsection (s);
And,
By relettering the remaining subsection.
??????????? Following discussion
??????????? The question being on the adoption of Senator Gaunch?s amendments to the bill, the same was put and prevailed.
The bill
Senate
Bill 416, Relating to
Public-Private Transportation Facilities Act.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Senate
Bill 417, Removing
financial limitations on number of design-build projects undertaken by DOH.
On second reading, coming up in regular
order, was read a second time.
On motion of Senator
On page
The bill
Senate
Bill 421, Increasing amount
of authorized federal Grant Anticipation Notes for which DOH may apply.
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 484, Relating
generally to taxation.
On
At the request of Senator
Senate
Bill 578, Relating
generally to copies of health care records furnished to patients.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Com.
Sub. for Com. Sub. for Senate Bill 601, Relating to requirements for making consumer loans.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Senate
Bill 621, Providing certain
rules inapplicable after county board of education notifies state board of
possible closing or consolidations.
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 630, Establishing
Accessibility and Equity in Public Education Enhancement Act.
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 634, Relating
generally to certain agreements between DHHR and two largest state
universities.
On second reading, coming up in regular
order, was read a second time.
On motion of Senator
On page
The bill
Com.
Sub. for Senate Bill 647, Relating
generally to additional county excise taxes on real property transfer.
On second reading, coming up in regular
order, was read a second time.
At the request of Senator
Senate
Bill 686, Exempting facilities
governed by DHHR that provide direct patient care.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Eng.
Com. Sub. for House Bill 2506, Relating to the permit limit calculations and allowing overlapping
mixing zones for calculating permit limits for drinking water criteria.
On second reading, coming up in regular
order, was read a second time.
On motion of Senator Miller, the following
amendment to the bill was reported by the Clerk:
On page
??????????? Following extended discussion,
??????????? The question being on the adoption of Senator Miller?s amendment to the bill, and on this question, Senator Miller demanded the yeas and nays.
The
roll being taken, the yeas were: Facemire, Jeffries, Mann, Miller, Ojeda,
Palumbo, Prezioso, Romano, Takubo, Unger and Woelfel?11.
The
nays were: Azinger, Blair, Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall,
Karnes, Maynard, Plymale, Rucker, Smith, Swope, Sypolt, Trump and Carmichael
(Mr. President)?18.
Absent:
Beach, Maroney, Mullins, Stollings and Weld?5.
So, a
majority of those present and voting not having voted in the affirmative, the President
declared Senator Miller's amendment to the bill rejected.
??????????? On motion of Senator Romano, the following amendments to the bill (Eng. Com. Sub. for H. B. 2506) were next reported by the Clerk and considered simultaneously:
On page
And,
On page two, section seven-b, line
twenty-seven, after the word ?overlap? by inserting the words ?except for the
specific purpose of redeveloping brownfield sites, as defined in section two,
article twenty-two of this chapter?.
??????????? Following discussion,
??????????? The question being on the adoption of Senator Romano?s amendments to the bill, the same was put and did not prevail.
The bill
Eng.
House Bill 2774, Defining
special aircraft property.
On second reading, coming up in regular
order, was read a second time and ordered to third reading.
Eng.
Com. Sub. for House Bill 2868, Relating generally to Uniform Unclaimed Property Act.
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
section and inserting in lieu thereof the following:
ARTICLE 8. UNiFORM UNCLAIMED PROPERTY ACT
?36-8-2. Presumptions of abandonment.
(a) Property is presumed
abandoned if it is unclaimed by the apparent owner during the time set forth
below for the particular property:
(1) Traveler?s check,
fifteen years after issuance;
(2) Money order, seven
years after issuance;
(3) Stock or other equity
interest in a business association or financial organization, including a
security entitlement under article eight of the uniform commercial code, five
years after the earlier of: (i) The date of the most recent dividend, stock
split or other distribution unclaimed by the apparent owner; or (ii) the date
of the second mailing of a statement of account or other notification or communication
that was returned as undeliverable or after the holder discontinued mailings,
notifications or communications to the apparent owner;
(4) Debt of a business
association or financial organization, other than a bearer bond or an original
issue discount bond, five years after the date of the most recent interest
payment unclaimed by the apparent owner;
(5) A noninterest bearing
demand, savings or time deposit, including a deposit that is automatically
renewable, five years after the earlier of maturity or the date of the last
indication by the owner of interest in the property; an interest-bearing demand,
savings or time deposit including a deposit that is automatically renewable,
seven years after the earlier of maturity or the date of the last indication by
the owner of interest in the property. A deposit that is automatically
renewable is deemed matured for purposes of this section upon its initial date
of maturity, unless the owner has consented to a renewal at or about the time
of the renewal and the consent is in writing or is evidenced by a memorandum or
other record on file with the holder;
(6) Money or credits owed
to a customer as a result of a retail business transaction, three years after
the obligation accrued;
(7) Gift certificate, three
years after December 31, of the year in which the certificate was sold, but if
redeemable in merchandise only, the amount abandoned is deemed to be sixty
percent of the certificate?s face value;
(8) Amount owed by an
insurer on a life or endowment insurance policy or an annuity that has matured
or terminated, three years after the obligation to pay arose or, in the case of
a policy or annuity payable upon proof of death, three years after the insured
has attained, or would have attained if living, the limiting age under the
mortality table on which the reserve is based: Provided, That the obligations set forth in this
subdivision and the application of subsection (e) of this section relating to
this subdivision are guided by policies, requirements and interpretations of
the Insurance Commissioner pursuant to article thirteen-d, chapter thirty-three
of this code, the Unclaimed Life Insurance Benefits Act: Provided, however, That proceeds paid by an insurer to the
beneficiary with applicable interest are not presumed to have been abandoned
prior to the insurer?s compliance with section two of said article. The insurer
shall remit any unpaid proceeds to the Unclaimed Property Fund in accordance
with subsection (i) of said section: Provided
further, That with respect to the amendments to this subsection passed in
2017, such amendments shall not have any force or effect, whatsoever, on any
litigation pending prior to the effective date of the amendments;
(9) Property distributable
by a business association or financial organization in a course of dissolution,
one year after the property becomes distributable;
(10) Property received by a
court as proceeds of a class action, and not distributed pursuant to the
judgment, one year after the distribution date;
(11) Property held by a
court, government, governmental subdivision, agency or instrumentality, one
year after the property becomes distributable;
(12) Wages or other
compensation for personal services, one year after the compensation becomes
payable;
(13) Deposit or refund owed
to a subscriber by a utility, two years after the deposit or refund becomes
payable;
(14) Property in an
individual retirement account, defined benefit plan or other account or plan
that is qualified for tax deferral under the income tax laws of the United
States, three years after the earliest of the date of the distribution or
attempted distribution of the property, the date of the required distribution
as stated in the plan or trust agreement governing the plan, or the date, if
determinable by the holder, specified in the income tax laws of the United
States by which distribution of the property must begin in order to avoid a tax
penalty;
(15) Warrants for payment
issued by the State of West Virginia which have not been presented for payment,
within six months of the date of issuance;
(16) All funds held by a
fiduciary, including the state Municipal Bond Commission, for the payment of a
note, bond, debenture or other evidence or indebtedness, five years after the
principal maturity date, or if such note, bond, debenture or evidence of
indebtedness is called for redemption on an earlier date, then the redemption
date, such premium or redemption date to also be applicable to all interest and
premium, if any, attributable to such note, bond, debenture or other evidence
of indebtedness; and
(17) All other property,
five years after the owner?s right to demand the property or after the
obligation to pay or distribute the property arises, whichever first occurs.
(b) At the time that an
interest is presumed abandoned under subsection (a) of this section, any other
property right accrued or accruing to the owner as a result of the interest,
and not previously presumed abandoned, is also presumed abandoned.
(c) Property is unclaimed
if, for the applicable period set forth in subsection (a) of this section, the
apparent owner has not communicated in writing or by other means reflected in a
contemporaneous record prepared by or on behalf of the holder, with the holder
concerning the property or the account in which the property is held, and has
not otherwise indicated an interest in the property. A communication with an
owner by a person other than the holder or its representative who has not in
writing identified the property to the owner is not an indication of interest
in the property by the owner.
(d) An indication of an
owner?s interest in property includes:
(1) The presentment of a
check or other instrument of payment of a dividend or other distribution made
with respect to an account or underlying stock or other interest in a business
association or financial organization or, in the case of a distribution made by
electronic or similar means, evidence that the distribution has been received;
(2) Owner-directed activity
in the account in which the property is held, including a direction by the
owner to increase, decrease or change the amount or type of property held in
the account;
(3) The making of a deposit
to or withdrawal from a bank account; and
(4) The payment of a
premium with respect to a property interest in an insurance policy; but the
application of an automatic premium loan provision or other nonforfeiture
provision contained in an insurance policy does not prevent a policy from
maturing or terminating if the insured has died or the insured or the
beneficiary of the policy has otherwise become entitled to the proceeds before
the depletion of the cash surrender value of a policy by the application of
those provisions.
(e) Property is payable or
distributable for purposes of this article notwithstanding the owner?s failure
to make demand or present an instrument or document otherwise required to
obtain payment.
The bill
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 Com. Sub. for Senate Bill 38, Creating 5-year tax credit for new businesses locating on post-mine
sites.
Com.
Sub. for Senate Bill 57, Continuing
personal income tax adjustment for certain retirees.
Com.
Sub. for Senate Bill 238, Increasing
tax credits allowed for rehabilitation of certified historic structures.
Senate
Bill 294, Relating to
Community Sustainability Investment Pilot Program.
Com.
Sub. for Com. Sub. for Senate Bill 333, Requiring all DHHR-licensed facilities access WV Controlled Substances
Monitoring Program Database.
Com.
Sub. for Senate Bill 402, Relating
to covenants not to compete between physicians and hospitals.
Com.
Sub. for Senate Bill 406, Relating
to generic drug products.
Com.
Sub. for Com. Sub. for Senate Bill 501, Relating to WV Economic Development Authority.
Com.
Sub. for Senate Bill 515, Relating
to parole requirements for hearings and release.
Com.
Sub. for Com. Sub. for Senate Bill 521, Relating generally to Public Defender Services.
Com.
Sub. for Senate Bill 534, Relating
to incentives for consolidating local governments.
Com.
Sub. for Senate Bill 588, Relating
to reproduction, distribution and sale of tax maps.
Com.
Sub. for Senate Bill 606, Relating
to minimum wage and maximum hours for employees.
Com.
Sub. for Senate Bill 637, Relating
to private club operations requirements.
Senate
Bill 667, Limiting
authority of Attorney General to disclose certain information provided by Tax
Commissioner.
Senate
Bill 687, Relating
generally to coal mining, safety and environmental protection.
Senate
Bill 688, Correcting
technical error within Solid Waste Management Act.
Senate
Bill 689, Relating to
payment of small claims by DOH.
And,
Senate
Bill 690, Authorizing WV
State Police impose and collect fees for agencies and entities using their
facilities.
The Senate proceeded to the eleventh order
of business and the introduction of guests.
At the request of Senator Ferns, and by
unanimous consent, the Senate returned to the fourth order of business.
Senator
Your Committee on
Senate
Bill 293, Providing
increase in annual salary of employees in Division of Corrections.
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Com.
Sub. for Senate Bill 375, Relating
to rate and measure of severance taxes on certain natural resources.
Now on second reading, having been read a
first time and referred to the Committee on
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Com.
Sub. for Senate Bill 369, Permitting
surface owners purchase mineral interests when interest becomes tax lien.
And has amended same.
Now on second reading, having been read a
first time and referred to the Committee on
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Com.
Sub. for Senate Bill 409 (originating
in the Select Committee on
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Com. Sub. for Senate Bill 409 (originating in the Committee on
With the recommendation that the committee
substitute for committee substitute do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate
Bill 563, Relating to
Consumer Credit and Protection Act.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 563 (originating
in the Committee on
With the recommendation that the committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Com.
Sub. for Com. Sub. for Senate Bill 549, Allowing individuals at least 21 or older operate or ride motorcycle
without helmet.
And has amended same.
Now on second reading, having been read a
first time and rereferred to the Committee on
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Com.
Sub. for Senate Bill 609, Creating
additional flexibility for school systems in use of school aid funds.
And has amended same.
Now on second reading, having been read a
first time and referred to the Committee on
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate
Bill 692 (originating in
the Committee on
And reports the same back without recommendation
as to passage.
Respectfully submitted,
?
??? Chair.
At the request of Senator
On motion of Senator Hall, the bill was
rereferred to the Committee on Finance.
Senator
Your Committee on
Senate
Bill 693 (originating in
the Committee on
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Com.
Sub. for Com. Sub. for Senate Joint Resolution 6, Roads to Prosperity Amendment of 2017.
Now on second reading, having been read a
first time and referred to the Committee on Finance on March 25, 2017;
And reports the same back with the
recommendation that it be adopted.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2459, Relating to regulation of health care and the certificate of need
process.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2679, Relating to the possession of firearms in parks and park facilities.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
The Senate proceeded to the twelfth order of
business.
Remarks were made by
Thereafter, at the request of Senator
Pending announcement of meetings of standing
committees of the Senate,
On motion of Senator
____________