WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
TENTH DAY
____________
Charleston, W. Va., Friday, January 23, 2015
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dick Corbin, Director of Church Relations, Union Mission of West Virginia, Charleston, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Jeff Mullins, a senator from the ninth district.
Pending the reading of the Journal of Thursday, January 22, 2015,
On motion of Senator Blair, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2001--A Bill to repeal §24-2F-1, §24-2F-2, §24-2F-3, §24-2F-4, §24-2F-5, §24-2F-6, §24-2F-7, §24-2F-9, §24-2F-10, §24-2F-11 and §24-2F-12, of the Code of West Virginia, 1931, as amended, all relating to repealing certain provisions of the Alternative and Renewable Energy Portfolio Act.
At the request of Senator Carmichael, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Executive Communications
Senator Cole (Mr. President) laid before the Senate the following communication from His Excellency, the Governor:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
January 22, 2015
The Honorable William P. Cole III
President, West Virginia Senate
The Honorable Tim Armstead
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear President Cole and Speaker Armstead:
My recommended FY 2016 Executive Budget, which was submitted on January 14, 2015, included retirement contributions based on the best estimates available at that time. Those estimated retirement contribution numbers have been updated and the final contribution amounts for West Virginia’s retirement systems are now available. Due to these changes in the final actuarial valuations for the Teachers’ Defined Benefit System (TRS), State Police Retirement System, and Public Employees Retirement System (PERS), various line items throughout the Budget Bill can be adjusted.
These adjustments amount to a net decrease of $43,927,000 in the required contributions for the various retirement systems in FY 2016 for the General Revenue and Lottery Funds.
I recommend that all of these available funds be appropriated for the Medicaid program which will reduce the appropriation in the FY 2016 budget from the Revenue Shortfall Reserve Fund by $43,927,000. This will minimize the usage of the fund and maintain a healthy reserve balance, which, among others, is a factor in the State’s bond rating.
Therefore, pursuant to Section 51, Article VI of the Constitution of the State of West Virginia, I submit revisions to the FY 2016 Budget Bill for the TITLE II – APPROPRIATIONS as follows:
Section 1. Appropriations from general revenue.
Funds appropriated for the Public Employees Retirement System (PERS), are adjusted in numerous line items throughout the Governor’s Recommended FY 2016 Budget Bill in General Revenue. Please see the attached spreadsheet for the adjustments relating to the January 14, 2015, final actuarial estimation. The total reduction for PERS in the General Revenue Fund is $1,629,731.
Department of Education
State Board of Education - State Department of Education, Fund 0313, Fiscal Year 2016, Org 0402
(To adjust the Teachers’ Retirement Savings Realized appropriations due to the January 14, 2015, final actuarial estimation.)
●Increase “Teachers’ Retirement Savings Realized” Appropriation 09500 by $972,000.
State Board of Education - State Aid to Schools, Fund 0317, Fiscal Year 2016, Org 0402
(To adjust the State Aid Formula Teachers’ Retirement System and the Retirement Systems - Unfunded Liability appropriations due to the January 14, 2015, final actuarial estimation.)
●Decrease “Teachers’ Retirement System” Appropriation 01900 by $5,466,000
●Decrease “Retirement Systems - Unfunded Liability” Appropriation 77500 by $37,056,000.
Department of Health and Human Resources
Division of Human Services, Fund 0403, Fiscal Year 2016, Org 0511
(To increase the appropriation for Medical Services.)
● Increase “Medical Services” Appropriation 18900 by $43,927,000
Department of Military Affairs and Public Safety
West Virginia State Police, Fund 0453, Fiscal Year 2016, Org 0612
(To adjust the appropriation due to the January 14, 2015, final actuarial estimation for State Police Plan A Retirement and State Police Plan B Retirement.)
● Decrease “Retirement Systems - Unfunded Liability” Appropriation 77500 by $723,000.
Bureau of Senior Services
Bureau of Senior Services, Fund 0420, Fiscal Year 2016, Org 0508
(To move part of the appropriation for Title XIX Waiver to the Lottery Fund.)
● Decrease “Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens” Appropriation 53900 by $24,269.
Section 3. Appropriations from other funds.
Department of Administration
Department of Administration - Office of the Secretary Employee Pension and Health Care Benefit Fund, Fund 2044, Fiscal Year 2016, Org 0201
(To adjust the appropriation to allow for the full transfer of the Teachers’ Realized Savings Realized.)
● Increase “Current Expenses” Appropriation 13000 by $972,000.
Department of Health and Human Resources
Division of Human Services - Medical Services Trust Fund, Fund 5185, Fiscal Year 2016, Org 0511
(To adjust the appropriation due to the reduced transfer from the Revenue Shortfall Reserve Fund.)
● Decrease “Medical Services” Appropriation 18900 by $43,927,000.
Department of Revenue
Office of the Secretary - Revenue Shortfall Reserve Fund, Fund 7005, Fiscal Year 2016, Org 0701
(To reduce the transfer to the Medical Services Trust Fund now funded from General Revenue.)
● Decrease “Medical Services Trust Fund - Transfer” Appropriation 51200 by $43,927,000.
Section 4. Appropriations from lottery net profits.
Funds appropriated for the Public Employees Retirement System (PERS), are adjusted in various line items throughout the Governor’s Recommended FY 2016 Budget Bill in Lottery Net Profits. Please see the attached spreadsheet for the adjustments relating to the January 14, 2015, final actuarial estimation. The total reduction for PERS in the Lottery Fund is $24,269.
Bureau of Senior Services
Bureau of Senior Services, Lottery Senior Citizens Fund, Fund 5405, Fiscal Year 2016, Org 0508
(To adjust the appropriation for Title XIX Waiver moved from General Revenue.)
● Increase “Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens” Appropriation 53900 by $24,269.
Thank you for your prompt attention of this matter. Your cooperation is always appreciated. Should you have any questions or require additional information, please call me at any time.
Sincerely,
Earl Ray Tomblin,
Governor.
Which communication was received and referred to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 8, Providing for DOH performance and efficiency audit.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 8 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-6a, relating to auditing the Division of Highways.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Craig Blair,
Chair.
Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 196, Authorizing Real Estate Appraiser Licensing and Certification Board promulgate legislative rule relating to registration and renewal of appraisal management companies.
Senate Bill No. 206, Authorizing Board of Dental Examiners promulgate legislative rule relating to formation and approval of professional limited liability companies.
Senate Bill No. 209, Authorizing Board of Dental Examiners promulgate legislative rule relating to formation and approval of dental corporations and dental practice ownership.
And,
Senate Bill No. 223, Authorizing Board of Pharmacy promulgate legislative rule relating to licensure and practice of pharmacy.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Craig Blair,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 207, Authorizing Board of Dental Examiners promulgate legislative rule relating to board.
And,
Senate Bill No. 208, Authorizing Board of Dental Examiners promulgate legislative rule relating to dental recovery networks.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
Craig Blair,
Chair.
The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 280, Allowing well work permit transfers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 280 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22-6A-7 of the Code of West Virginia, 1931, as amended, relating to allowing transfer of well work permits upon prior written approval of the Secretary of the Department of Environmental Protection; providing for forms prescribed by the secretary; requiring transferee to give notice of transfer; requiring transferee to update their emergency point of contact; and providing for permit transfer fee.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Trump, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 280) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Carmichael, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Beach, Blair, Boley, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel and Cole (Mr. President)--31.
The nays were: None.
Absent: Boso, Prezioso and Yost--3.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Committee Substitute for Senate Bill No. 280 was then read a third time and put upon its passage.
Pending discussion,
The question being “Shall Engrossed Committee Substitute for Senate Bill No. 280 pass?”
On the passage of the bill, the yeas were: Beach, Blair, Boley, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel and Cole (Mr. President)--31.
The nays were: None.
Absent: Boso, Prezioso and Yost--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 280) passed with its title.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel and Cole (Mr. President)--31.
The nays were: None.
Absent: Boso, Prezioso and Yost--3.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 280) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Ferns, and by unanimous consent, the remarks by Senators Facemire, Miller and Romano regarding the passage of Engrossed Committee Substitute for Senate Bill No. 280 were ordered printed in the Appendix to the Journal.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senators Ferns, Trump, D. Hall, Blair, Boley, Gaunch, M. Hall, Leonhardt, Maynard, Mullins, Walters and Karnes:
Senate Bill No. 286--A Bill to amend and reenact §16-3-4 and §16-3-5 of the Code of West Virginia, 1931, as amended, all relating generally to mandatory immunizations; setting forth immunization dosage levels; adding required immunizations; providing medical and religious exemptions from mandatory immunizations for school children; requiring parents and guardians to assert their beliefs in affidavit; providing that affidavit be provided before exemption applies; allowing removal of students who are not immunized from school in times of emergency or epidemic; granting legislative rule-making authority to the Secretary of the Department of Health and Human Resources to add or delete diseases for which vaccines are required for school attendance, to develop necessary forms and to create process for reviewing any verification of affidavits for completeness; nullifying an interpretive rule and any action taken pursuant to the interpretive rule; modifying the Immunization Advisory Committee; and establishing a chair of the committee.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Takubo, Boley, Carmichael, Gaunch, Stollings, Walters, Williams, Trump and Blair:
Senate Bill No. 287--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-34a, relating to the State Board of Education; providing for awarding of posthumous high school diploma to parents of high school senior who dies during senior year; providing exceptions; and designating said section as "Todd's Law".
Referred to the Committee on Education.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 288--A Bill to amend and reenact §11-8-6f of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-7, §18-9A-11 and §18-9A-12 of said code, all relating to public school finance; eliminating authority of growth county boards of education to designate regular school board levy revenues due to new construction or improvements to Growth County School Facilities Act Fund;adjusting foundation school program allowance for transportation costs; including propane as an eligible fuel for the ten-percent additional percentage allowance for school bus systems using alternative fuels; changing percent of the replacement value of bus fleets included in calculation of allowance in foundation school program for transportation; and eliminating certain adjustments in basic foundation program.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Takubo, Stollings, Carmichael, Ferns, Walters, Gaunch and Miller:
Senate Bill No. 289--A Bill to amend the of Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-38, relating to prohibiting requiring insured person to pay higher copayment, deductibles or coinsurance for orally administered anticancer medications than is required for those injected or intravenously administered by health care provider.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Williams, Beach, Blair, Kirkendoll, Stollings, Sypolt, Palumbo and Miller:
Senate Bill No. 290--A Bill to amend and reenact §11-16-6 and §11-16-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §11-16-8a and §11-16-11b, all relating to regulation of nonintoxicating beer brewers and retailers; authorizing licensed brewers and brewpubs to sell growlers of nonintoxicating beer for off-premises consumption; limiting refunds of license application fees; providing for designated point of communication for inquiries about status of license and registration applications; changing structure and amounts of fees for brewers and brewpubs; requiring brewers to submit annual reports of production; allowing brewers of nonintoxicating craft beer to offer complimentary samples; and removing redundant and outdated language.
Referred to the Committee on Economic Development; and then to the Committee on the Judiciary.
By Senators Ferns, D. Hall, Karnes and Leonhardt:
Senate Bill No. 291--A Bill to amend and reenact §5-3-3 and §5-3-4 of the Code of West Virginia, 1931, as amended, all relating to clarifying powers of the Attorney General to enter into contracts for legal services with attorneys outside the Attorney General’s Office.
Referred to the Committee on the Judiciary.
By Senators Nohe and Gaunch:
Senate Bill No. 292--A Bill to amend and reenact §32A-2-4 and §32A-2-13 of the Code of West Virginia, 1931, as amended, all relating to licenses for business of currency exchange, transportation or transmission; establishing expiration date of December 31 for those licensees; and requiring licensees to provide sixty days’ advance notice of any change in control or change in principals.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Beach, Kessler and Miller:
Senate Bill No. 293--A Bill to amend and reenact §17A-2-13 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-4 of said code; to amend and reenact §17A-4-1 and §17A-4-10 of said code; to amend and reenact §17A-4A-10 of said code; to amend and reenact §17A-10-3, §17A-10-10 and §17A-10-11 of said code; to amend and reenact §17B-2-1, §17B-2-3a, §17B-2-6, §17B-2-8 and §17B-2-11 of said code; and to amend and reenact §17D-2-2 of said code, all relating to increasing fees; increasing fee for vehicle records and certified record fee; increasing registration fee for Class A motor vehicles; increasing fee for issuance and duplication of various documents by the division including titles, registrations, plates and decals; increasing fee for issuance, duplication and renewal of a driver’s license; requiring payment of fee for each attempt at written and road skills test; and increasing fee for driving records.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 294--A Bill to repeal §5B-2-3a and §5B-2-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §5B-2-2, §5B-2-3, §5B-2-4, §5B-2-5 and §5B-2-6 of said code; to amend and reenact §15-5-28 of said code; to amend and reenact §18A-3-2c of said code; and to amend and reenact §33-16D-16 of said code, all relating to eliminating unnecessary, inactive or redundant councils, committees and boards; terminating the Council for Community and Economic Development and transferring powers and duties to the Executive Director of the West Virginia Development Office; terminating the Statewide Intrastate Mutual Aid Committee and making technical corrections to the code to reference a state of preparedness; terminating the Principals Standards Advisory Council; and terminating the West Virginia Health Insurance Plan Board.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Ferns and Trump:
Senate Bill No. 295--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-13, relating to judicial review of decisions of the West Virginia Department of Health and Human Resources Board of Review and the Bureau for Medical Services affecting applicants, recipients or providers of state or federal assistance programs.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Walters and D. Hall:
Senate Bill No. 296--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-18f, relating to county boards of education; licensed school psychologists; and providing that the maximum licensed school psychologist-pupil ratio is fifteen hundred pupils for each licensed school psychologist.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Walters and Palumbo:
Senate Bill No. 297--A Bill to amend and reenact §11-16-3, §11-16-6 and §11-16-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-16-6b; all relating generally to nonintoxicating beer; changing the amount of nonintoxicating draught beer that may be sold to a consumer in certain instances; removing limitation on how much nonintoxicating beer may be sold to consumers for consumption off premises; permitting licensees to sell growlers; setting forth conditions that must be met for those sales; permitting certain licensees to obtain newly established class of sales endorsement; establishing cost; and defining terms.
Referred to the Committee on Economic Development; and then to the Committee on the Judiciary.
Senators Yost, Facemire, Kessler, Romano, D. Hall, Snyder, Unger, Plymale, Sypolt and Williams offered the following resolution:
Senate Concurrent Resolution No. 11--Requesting the Joint Committee on Government and Finance study workplace safety for employees at state-operated behavioral health facilities.
Whereas, The State of West Virginia operates two hospitals dedicated to the care of patients with acute and chronic psychiatric illnesses, and operates additional facilities providing long-term and residential care for patients with complex behavioral, developmental and emotional needs; and
Whereas, Well-trained and experienced personnel are an essential component to the provision of quality care for these patients; and
Whereas, Some patients with psychiatric, behavioral, developmental or emotional conditions may become aggressive and violent at times, often in unpredictable ways, and these types of behaviors pose a significant risk to the health and safety of the employees and to other patients in the health facilities; and
Whereas, Many of the patients in the state‛s psychiatric hospitals have been committed through the criminal justice system after having allegedly committed violent crimes and the psychiatric hospitals do not have the authority to refuse to receive these patients or defer their care to another institution; and
Whereas, During the 2014 calendar year, worker injuries due to assaults by patients at the state‛s two psychiatric hospitals resulted in 98 medical claims and 789 lost work hours; and
Whereas, Considerable time and attention have been devoted to the articulation and awareness of the rights of patients in behavioral health facilities, but there has been significantly less attention given to the rights of the health care workers to a safe and reasonable work environment and to development of procedures, programs and options for the safety of these health care workers; and
Whereas, The Legislature‛s Joint Committee on Labor and Worker Safety Issues began to study the general issue of employee safety in all state hospitals during the Legislature‛s interim period of 2014-2015 and, in the process, became more fully aware of the difficult and sometimes conflicting legal, administrative and educational requirements that affect the safety of health care workers in our state‛s behavioral health facilities; and
Whereas, The Joint Committee on Labor and Worker Safety Issues has recommended that the Joint Committee on Government and Finance devote further study dedicated to all issues relating to the safety of workers in state-operated behavioral health facilities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance study workplace safety for employees at state-operated behavioral health facilities; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study all matters relating to the safety of health care workers in state-operated behavioral health facilities, including education, training, staffing levels (acuity), hiring processes, root cause analyses, response times, incident and injury statistics, work loss and other costs of worker injuries, methods for better communication between staff and supervisors and all other material and issues relevant to this topic; and, be it
Further Resolved, That if the Joint Committee on Government and Finance finds it appropriate, this study be referred to a subcommittee created for this purpose and dedicated to this topic; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Leonhardt, Facemire, Kessler, D. Hall and Plymale offered the following resolution:
Senate Resolution No. 11--Recognizing the counties of Calhoun and Gilmer for their many contributions to the State of West Virginia.
Whereas, Calhoun County was created in 1856 from Gilmer County and was named for John C. Calhoun, eminent statesman of South Carolina; and
Whereas, Gilmer County was formed in 1845 from parts of Lewis County and Kanawha County and was named for Thomas Walker Gilmer, Governor of Virginia, 1840-1841, and later a representative in Congress and Secretary of the Navy in President Tyler’s cabinet; and
Whereas, Calhoun County is located on the Allegheny Plateau, where its leading industries include petroleum, natural gas, coal, lumber and RPR Industries, and is surrounded by livestock and dairy farms, as well as fruit and tobacco farms; and
Whereas, Gilmer County is centrally located in West Virginia on the Allegheny Plateau and is known for its oil and natural gas wells, livestock, fruit, potatoes, corn and timber; and
Whereas, Calhoun and Gilmer counties play an important role in the history, culture, economic development and future development in the State of West Virginia; and
Whereas, It is fitting to recognize the contributions of Calhoun and Gilmer counties to the State of West Virginia as their citizens converge on the Capitol to share their accomplishments, aspirations and concerns with lawmakers; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the counties of Calhoun and Gilmer for their many contributions to the State of West Virginia; and, be it
Further Resolved, That the Senate hereby acknowledges the accomplishments and successes of Calhoun and Gilmer counties and their citizens, and encourages them to continue their contributions to the State of West Virginia, as we strive to reach our potential; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives from Calhoun and Gilmer counties.
At the request of Senator Leonhardt, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Carmichael, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 12, Relating to payment of separated employee's outstanding wages.
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 No. 12 pass?”
On the passage of the bill, the yeas were: Beach, Blair, Boley, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kirkendoll, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--24.
The nays were: Facemire, Kessler, Laird, Miller, Romano, Snyder and Unger--7.
Absent: Boso, Prezioso and Yost--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 12) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Kessler, and by unanimous consent, the remarks by Senator Romano regarding the passage of Engrossed Committee Substitute for Senate Bill No. 12 were ordered printed in the Appendix to the Journal.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 43, Limiting tolling of statute of limitations for third-party complaints.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 13, Reinstating open and obvious doctrine for premises liability.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the thirteenth order of business.
At the request of Senator Plymale, the name of Senator Plymale was removed as a sponsor of Senate Bill No. 120 (Recodifying laws relating to DHHR and Bureau for Medical Services).
At the request of Senator M. Hall, the name of Senator M. Hall was removed as a sponsor of Senate Bill No. 286 (Relating to compulsory immunizations of students; exemptions).
On motion of Senator Carmichael, leaves of absence for the day were granted Senators Boso, Prezioso and Yost.
Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
On motion of Senator Carmichael, the Senate adjourned until Monday, January 26, 2015, at 11 a.m.
____________