WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
SIXTEENTH DAY
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Charleston, W. Va., Thursday, January 29, 2015
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by the Reverend Tom Bias, Retired United Methodist Clergy, Madison, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Tom Takubo, a senator from the seventeenth district.
Pending the reading of the Journal of Wednesday, January 28, 2015,
On motion of Senator Snyder, 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 concurrence by that body in the passage, to take effect from passage, of
Eng. Com. Sub. for Senate Bill No. 280, Allowing well work permit transfers.
A message from the Clerk of the House of Delegates announced that that body had agreed to the changed effective date to take effect from passage, of
Eng. Com. Sub. for House Bill No. 2001, Repealing portions of the Alternative and Renewable Energy Portfolio Act.
The Senate proceeded to the fourth order of business.
Senator Karnes, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 151, Authorizing DNR promulgate legislative rule relating to special boating.
Senate Bill No. 152, Authorizing DNR promulgate legislative rule relating to commercial whitewater outfitters.
Senate Bill No. 160, Authorizing DEP promulgate legislative rule relating to Stream Partners Program grants.
Senate Bill No. 161, Authorizing DEP promulgate legislative rule relating to hazardous waste management system.
Senate Bill No. 195, Authorizing Conservation Committee promulgate legislative rule relating to financial assistance programs.
Senate Bill No. 250, Relating to Conservation Agency financial assistance applications from district supervisors.
And,
Senate Bill No. 261, Clarifying definition of "owner" of dam.
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,
Robert Karnes,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Karnes, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 159, Authorizing Division of Forestry promulgate legislative rule relating to ginseng.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Robert Karnes,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Natural Resources pending.
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. 171, 172, 173, 174, 175, 176 and 177, Authorizing DHHR promulgate legislative rule relating to public water systems.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 175 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Health and Human Resources; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to chronic pain management clinic licensure; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the Fatality and Mortality Review Team; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medication administration and performance of health maintenance tasks by approved medication assistive personnel; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the nurse aid abuse and neglect registry; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to nursing home licensure; and authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the statewide trauma/emergency care system.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 249, Prohibiting straight party voting.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 249 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-4A-9, §3-4A-11a and §3-4A-27 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-6-2, §3-6-3, §3-6-5 and §3-6-6 of said code, all relating to disallowing voting a straight party ticket by one mark or punch in a general election.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
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 Senator M. Hall:
Senate Bill No. 355--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29A-3-19, relating to implementing a quality control procedure for agency rules.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators D. Hall, Yost and Gaunch:
Senate Bill No. 356--A Bill to amend and reenact §17A-10-3b of the Code of West Virginia, 1931, as amended; to amend and reenact §17C-15-44 of said code; and to amend said code by adding thereto a new section, designated §17C-15-44a, all relating to motorcycle safety and equipment; increasing motorcycle safety fee; providing for motorcycle helmet exemption for motorcyclists meeting certain requirements; providing for helmet exemption sticker and fees; penalties; and providing for rulemaking.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Mullins, Blair, Boley, Boso, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Carmichael, Kirkendoll, Leonhardt, Maynard, Nohe, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Walters and Williams:
Senate Bill No. 357--A Bill to repeal §22A-2A-302, §22A-2A-303, §22A-2A-304, §22A-2A-305, §22A-2A-306 and §22A-2A-307 of the Code of West Virginia, 1931, as amended; to amend and reenact §22-3-13 and §22-3-19 of said code; to amend and reenact §22-11-6 and §22-11-8 of said code; to amend said code by adding thereto a new section, designated §22-11-22a; to amend said code by adding thereto a new section, designated §22A-1-41; to amend and reenact §22A-1A-1 of said code; to amend and reenact §22A-2-6, §22A-2-28 and §22A-2-37 of said code; to amend and reenact §22A-2A-101, §22A-2A-301, §22A-2A-308, §22A-2A-309, §22A-2A-310, §22A-2A-402, §22A-2A-403, §22A-2A-404, §22A-2A-405, §22A-2A-501, §22A-2A-601, §22A-2A-602, §22A-2A-603 and §22A-2A-604 of said code; and to amend said code by adding thereto a new section, designated §22A-2A-204a, all relating to creating the Coal Jobs and Safety Act of 2015; providing methods of assuring that discharges from waste piles do not exceed applicable water quality standards; conforming rules regarding procedures for requesting and obtaining inactive status and rules relating to requirements for contemporaneous reclamation under the West Virginia Surface Coal Mining and Reclamation Act to corresponding federal requirements; abolishing the West Virginia Diesel Equipment Commission; transferring duties and responsibilities of commission to the Director of the Office of Miners’ Health, Safety and Training; defining terms; providing rule-making authority; providing that rules previously approved by commission continue in full force and effect; developing emergency rules for statewide hardness-based aluminum water quality criteria for protection of aquatic life; prohibiting wholesale incorporation of water quality standards into permits rather than specifically developing terms and conditions on a permit-by-permit basis that are designed to protect water quality standards; scope of permit shield as it relates to compliance with water quality standards; establishing an administrative and civil enforcement process for coal mining-related permits that conforms with corresponding federal requirements; making legislative findings; permitting immediate temporary suspension, suspension or revocation of a certificate held by of a certified person who has tested positive for certain drugs or alcohol, refused to submit a sample for screening, possessed or submitted a substituted sample or possessed or submitted an adulterated sample for testing; providing that if a drug test is positive a certified employee may not rely on the fact that the drug was prescribed if the prescription is more than one year old; setting forth requirements for movement of off-track mining equipment in areas of active workings where energized trolley wires or trolley feeder wires are present; establishing premovement requirements; increasing distance from five hundred feet to one thousand five hundred feet of the nearest working face where transportation of certain personnel in certain instances is done exclusively by rail; increasing distance of track to be maintained when a section is fully developed and being prepared for retreating; permitting use of sideboards on shuttle cars if they are equipped with cameras; requiring shelter holes be provided along haulage entries and be placed not more than one hundred five feet apart; providing exception; removing requirement that locomotives, personnel carriers, barrier tractors and other related equipment be equipped with lifting jacks and handles; and prescribing that no one, other than motorman and brakeman, should ride on a locomotive unless authorized by the mine foreman, and then only when safe riding facilities are provided.
Referred to the Committee on the Judiciary.
By Senators Leonhardt, Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Maynard, Miller, Mullins, Nohe, Romano, Snyder, Sypolt, Takubo, Trump, Walters, Williams, Woelfel, Plymale, Prezioso, Stollings and Kirkendoll:
Senate Bill No. 358--A Bill to amend and reenact §48-5-613 of the Code of West Virginia, 1931, as amended, relating to requiring a court, when ordering divorce that includes a change in name, to issue divorce certificate reflecting new name; and setting forth what information certificate is to contain.
Referred to the Committee on the Judiciary.
By Senators Unger, Laird, Miller, Palumbo, Plymale, Prezioso, Stollings, M. Hall, Snyder, Kirkendoll and Kessler:
Senate Bill No. 359--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-40; to amend said code by adding thereto a new section, designated §18B-1B-7; to amend said code by adding thereto a new article, designated §27-6-1 and §27-6-2; and to amend and reenact §30-1-7a of said code, all relating generally to suicide prevention training; requiring middle and high schools to provide information and opportunities for discussion of suicide prevention to students; authorizing the State Board of Education to consult with the Bureau for Behavioral Health to assure quality and accuracy of information provided; providing that institutions of higher education will develop and implement a policy to advise students and staff on available depression and suicide prevention resources; requiring suicide prevention information to be provided to all incoming students; requiring suicide prevention information to be posted on websites of institutions of higher education; requiring free prevention materials and programs to be posted on websites of all institutions of higher education, the Higher Education Policy Commission and the Bureau for Behavioral Health and Health Facilities; requiring the Bureau for Behavioral Health and Health Facilities to review such posted materials annually; providing legislative findings; requiring the Bureau for Behavioral Health and Health Facilities to post certain suicide prevention and awareness information on its website; providing for the Bureau for Behavioral Health and Health Facilities to assist middle and high schools in providing suicide prevention information to students; requiring certain health care professionals to obtain continuing education courses on suicide prevention and related topics as part of their license renewal; providing that certain health care professionals may only be required to complete two hours of suicide prevention training; and requiring certain health care licensing boards to establish continuing education requirements and criteria and approve continuing education courses on suicide prevention and related topics.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Miller, Beach, Carmichael, D. Hall, Mullins, Nohe, Sypolt, Williams, Woelfel, Laird, Plymale and Facemire:
Senate Bill No. 360--A Bill to repeal §51-4-9 and §51-4-11 of the Code of West Virginia, 1931, as amended, relating to outdated provisions containing circuit clerk responsibilities with regard to indexes of books and reports concerning claims against the state.
Referred to the Committee on the Judiciary.
By Senator Blair:
Senate Bill No. 361--A Bill to repeal §21-5A-1, §21-5A-2, §21-5A-3, §21-5A-5, §21-5A-6, §21-5A-7, §21-5A-8, §21-5A-9, §21-5A-10 and §21-5A-11 of the Code of West Virginia, 1931, as amended, all relating to repealing prevailing hourly rate of wages requirements by or on behalf of public authorities engaged in construction of public improvements.
Referred to the Committee on Government Organization.
By Senators Boley, Blair, Karnes and Leonhardt:
Senate Bill No. 362--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-1A-1, §18-1A-2, §18-1A-3, §18-1A-4, §18-1A-5, §18-1A-6, §18-1A-7, §18-1A-8 and §18-1A-9, all relating to public school curricular standards and assessments; prohibiting school board from ceding authority over curricular standards or student data to federal government or private entities; prohibiting use of Common Core standards and assessments; implementing temporary curricular standards; limiting use of statewide assessments; prohibiting sharing of student-level data; creating the West Virginia Legislative Education Standards Development Steering Commission and Education Standards Development subcommittees; and prohibiting colleges in the state from denying admission based on participation in Common Core programs or tests.
Referred to the Committee on Education; and then to the Committee on the Judiciary.
By Senator Cole (Mr. President):
Senate Bill No. 363--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §14-2A-19b, relating to allowing the Court of Claims to establish maximum rates and service limitations for reimbursement of health care services.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators M. Hall, Snyder, D. Hall, Plymale and Facemire:
Senate Bill No. 364--A Bill to amend and reenact §5A-3-1 and §5A-3-3 of the Code of West Virginia, 1931, as amended, all relating to exempting the West Virginia State Police Forensic Laboratory from state purchasing guidelines.
Referred to the Committee on Finance.
By Senators Nohe, Gaunch, D. Hall and Palumbo:
Senate Bill No. 365--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12-32b, relating to travel insurance limited lines producers; defining terms; authorizing the Commissioner of Insurance to issue travel insurance entity producer license; establishing fees; requiring licensee to maintain register of travel retailers offering insurance on its behalf and designate a responsible individual producer; authorizing travel retailer to offer travel insurance and receive compensation under certain conditions; requiring training of travel retailer employees offering travel insurance; exempting travel insurance entity producers and travel retailers and employees from examination and continuing education requirements; requiring travel retailer employees offering travel insurance to provide certain information; and providing for enforcement.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Ferns, Stollings, Walters and D. Hall:
Senate Bill No. 366--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-50-l, §33-50-2, §33-50-3 and §33-50-4, all relating to the West Virginia Health Benefit Exchange; establishing patient protections; and providing public disclosures.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 367--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-22-7a, relating to sales tax increment financing; authorizing recalculation of base tax revenue amount, subject to specified limitations; specifying that, upon written request of the county commission, filed not later than April 30, 2015, with the Development Office, base tax revenue amounts greater than $1 million for a given district may be recalculated; specifying limitations on changes to base tax revenue amount; specifying that recalculated base tax revenue amount shall be used to determine net annual district tax revenue amount for the district beginning on July 1, 2015; specifying that decrease to base tax revenue amount upon recalculation is limited to $1 million; specifying that no adjustment, refund, payment or repayment of special district excise tax, or consumers sales and service tax and use tax, or net annual district tax revenue amount, or accrual thereof, attributable to periods prior to July 1, 2015, is authorized; providing for sharing of certain information respecting the district; defining terms; specifying that, if tax revenues in a sales tax increment financing district are deficient, such that the amount withheld in any month is insufficient to fully recover base tax revenue amount attributable to that month, that such deficit shall be carried forward to subsequent months until base tax revenue amount deficit is paid; and specifying that any unpaid deficit carried forward shall be discharged and set at zero on the first day of each fiscal year.
Referred to the Committee on Finance.
By Senator Nohe:
Senate Bill No. 368--A Bill to amend and reenact §33-24-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-25-6 of said code; to amend and reenact §33-25A-24 of said code; to amend and reenact §33-25D-26 of said code; to amend and reenact §33-40-1, §33-40-2, §33-40-3, §33-40-6 and §33-40-7 of said code; and to amend said code by adding thereto a new article, designated §33-40A-1, §33-40A-2, §33-40A-3, §33-40A-4, §33-40A-5, §33-40A-6, §33-40A-7, §33-40A-8, §33-40A-9, §33-40A-10, §33-40A-11, §33-40A-12 and §33-40A-13, all relating to risk-based capital reporting for health organizations; making health organizations subject to statutory provisions concerning risk-based capital reporting; defining terms associated with risk-based capital reporting for health organizations; requiring domestic health organization to file risk-based capital report with the Insurance Commissioner; requiring health organization to perform certain actions if risk-based capital report indicates a negative financial trend or hazardous financial condition; requiring the Insurance Commissioner to conduct certain actions if risk-based capital report of a health organization indicates negative financial trend or hazardous financial condition; providing health organization right to confidential hearing with respect to its risk-based capital report; making risk-based capital reports confidential; prohibiting use of risk-based capital reports in ratemaking of health organization; granting the Insurance Commissioner authority to promulgate rules; requiring foreign health organization to file risk-based capital report with the Insurance Commissioner; and providing immunity to the Insurance Commissioner and his employees or agents for actions taken with respect to monitoring financial stability of health organization.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Karnes and Leonhardt:
Senate Bill No. 369--A Bill to repeal §17C-16-1, §17C-16-2, §17C-16-3, §17C-16-4, §17C-16-5, §17C-16-6, §17C-16-7,§17C-16-8 and §17C-16-9 of the Code of West Virginia, 1931, as amended, relating to mandatory state inspections of motor vehicles.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 237, Creating Captive Cervid Farming Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 341, Permitting Agriculture Commissioner approve and submit Livestock Care Standards Board rules.
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.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 6, Relating to medical professional liability.
Com. Sub. for Senate Bill No. 7, Requiring CPR and care for conscious choking instruction in public schools.
Senate Bill No. 106, Excepting professional engineer member from sanitary board when project engineer under contract.
And,
Com. Sub. for Senate Bill No. 335, Creating Access to Opioid Antagonists Act.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Kessler, Boley, D. Hall and Unger.
Thereafter, at the request of Senator Yost, and by unanimous consent, the remarks by Senator Kessler were ordered printed in the Appendix to the Journal.
At the request of Senator D. Hall, unanimous consent being granted, the remarks by Senator Boley were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Carmichael, the Senate adjourned until tomorrow, Friday, January 30, 2015, at 11 a.m.
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