WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
TWENTIETH DAY
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Charleston, W. Va., Monday, February 2, 2015
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by Pastor Troy Rackliffe, Glade Community Church, Daniels, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Chris Walters, a senator from the eighth district.
Pending the reading of the Journal of Friday, January 30, 2015,
On motion of Senator Kessler, 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 Clerk presented a communication from the Board of Veterinary Medicine, submitting its annual report as required by chapter thirty, article one, section twelve of the Code of West Virginia.
Which communication and report were received and filed with the Clerk.
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. 2053--A Bill to amend and reenact §38-1-2 and §40-1-9 of the Code of West Virginia, 1931, as amended, all relating to the form of trust deeds; and permitting the recording of a memorandum of deed of trust in lieu of the deed of trust.
Referred to the Committee on the Judiciary.
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. 2227--A Bill to repeal §29-28-1, §29-28-2, §29-28-3, §29-28-4, §29-28-5, §29-28-6, §29-28-7,§29-28-8, §29-28-9, §29-28-10, §29-28-11, §29-28-12, and §29-28-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-27-1, §29-27-2, §29-27-3, §29-27-4, and §29-27-6 of said code, all relating to the National Coal Heritage Area Authority; adding Lincoln and Kanawha counties as member counties; increasing number of authority board members; adding ex-officio non-voting member to the authority board from Marion County; adding working in member counties to qualifications of appointed members; providing for county commissions of member counties to recommend three nominees to Governor; providing for the Secretary of Education and the Arts to recommend three nominees for chairperson to Governor; creating a standing committee; establishing standing committee responsibilities; repealing article relating to the Coal Heritage Highway Authority; and transferring all assets and responsibilities of the Coal Heritage Highway Authority to the National Coal Heritage Area Authority.
Referred to the Committee on Government Organization.
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. 147, Authorizing DNR promulgate legislative rule relating to hunting, trapping and fishing license and stamp fees.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original triple committee reference first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
Robert Karnes,
Chair.
The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary, with an amendment from the Committee on Natural Resources pending.
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. 149, Authorizing DNR promulgate legislative rule relating to lifetime hunting, trapping and fishing licenses.
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.
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 D. Hall, Ferns, Kirkendoll, Maynard, Mullins, Takubo and Stollings:
Senate Bill No. 383--A Bill to repeal §20-2-19a of the Code of West Virginia, 1931, as amended; and to amend and reenact §20-2-5, §20-2-42g and §20-2-42h of said code, all relating to hunting or trapping on private lands; removing restrictions for hunting or trapping on private lands on Sundays; and clarifying that hunting on private land at any time requires written consent of landowner.
Referred to the Committee on Natural Resources.
By Senators D. Hall, Prezioso, Takubo, Stollings and Beach:
Senate Bill No. 384--A Bill to amend and reenact §60-8-3 of the Code of West Virginia, 1931, as amended, relating to permitting sale of wine by wine specialty shop in a county that has not elected to permit sale of wine or alcohol beverages.
Referred to the Committee on Government Organization.
By Senators D. Hall, Beach, Blair, Ferns, Karnes, Kessler, Kirkendoll, Mullins, Nohe, Sypolt, Trump, Walters, Williams and Stollings:
Senate Bill No. 385--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-29-1, §17-29-2, §17-29-3, §17-29-4, §17-29-5, §17-29-6, §17-29-7, §17-29-8, §17-29-9, §17-29-10, §17-29-11, §17-29-12, §17-29-13, §17-29-14, §17-29-15, §17-29-16, §17-29-17 and§17-29-18, all relating to regulation of transportation network companies.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Ferns, Stollings and D. Hall:
Senate Bill No. 386--A Bill to amend and reenact §11-27-8 of the Code of West Virginia, 1931, as amended, relating to excluding mobile x-ray services from the health care provider tax.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Walters, Stollings and D. Hall:
Senate Bill No. 387--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-3A-7, relating to creating the Task Force on the Prevention of Sexual Abuse of Children within the Center for Professional Development; specifying composition of task force; including duty to make recommendations; and providing that members serve without expense reimbursement or compensation.
Referred to the Committee on the Judiciary.
By Senators Sypolt, Beach, Blair, M. Hall, Kessler, Leonhardt, Prezioso, Snyder, Trump, Unger, Williams, Stollings and Nohe:
Senate Bill No. 388--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9o, relating generally to altering the way tax is collected on homeowners’ associations; exempting from consumers sales and service tax liability dues, fees and assessments paid by members to homeowners’ associations when used by the homeowners’ association for payment of common expenses; taxable expenses of homeowners’ association; and definitions.
Referred to the Committee on Finance.
Senators D. Hall, Ferns, Takubo, Stollings, Nohe, Unger, Williams and Beach offered the following resolution:
Senate Resolution No. 19--Recognizing Friday, February 6, 2015, as National Wear Red Day in support of the importance of the ongoing fight against heart disease and stroke by the wearing of the color red.
Whereas, Heart disease is the number one killer of women, yet eighty percent of cardiac events can be prevented; and
Whereas, Cardiovascular diseases cause one in three women’s deaths each year, killing approximately one woman every minute; and
Whereas, An estimated forty-four million women in the U. S. are affected by cardiovascular diseases; and
Whereas, Ninety percent of women have one or more risk factors for developing heart disease, yet only one in five American women believe that heart disease is her greatest health threat; and
Whereas, Since 1984, more women than men have died each year from heart disease; and
Whereas, Women comprise only twenty-four percent of participants in all heart-related studies; and
Whereas, Women are less likely to call 911 for themselves when experiencing symptoms of a heart attack than they are if someone else were having a heart attack; and
Whereas, Only forty-three percent of African American women and forty-four percent of Hispanic women know that heart disease is their greatest health risk, compared with sixty percent of Caucasian women; and
Whereas, Women involved with the American Heart Association’s Go Red For Women movement live healthier lives, nearly ninety percent have made at least one healthy behavior change; and
Whereas, Go Red For Women is asking all Americans to “Go Red by wearing red and speaking red; Get Your Numbers: Ask your doctor to check your blood pressure and cholesterol; Own Your Lifestyle: Stop smoking, lose weight, exercise and eat healthy; Raise Your Voice: Advocate for more women-related research and education; Educate Your Family: Make healthy food choices for you and your family. Teach your kids the importance of staying active; Don’t Be Silent: Tell every woman you know that heart disease is their number one killer. Raise your voice at GoRedForWomen.org”; therefore, be it
Resolved by the Senate:
That the Senate recognizes Friday, February 6, 2015, as National Wear Red Day in support of the importance of the ongoing fight against heart disease and stroke by the wearing of the color red; and, be it
Further Resolved, That the Senate acknowledges and urges all citizens to show their support for women and the fight against heart disease by commemorating this day by the wearing of the color red. By increasing awareness, speaking up about heart disease and empowering women to reduce their risk for cardiovascular disease, we can save thousands of lives each year; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the American Heart Association.
At the request of Senator Carmichael, 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, at the request of Senator Carmichael, and by unanimous consent, returned 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. 389 (originating in the Committee on Government Organization)--A Bill to amend and reenact §30-13-18 of the Code of West Virginia, 1931, as amended, relating to the Board of Registration for Professional Engineers; changing time period for renewal from the fiscal year to the calendar year; authorizing renewal notification by mail or electronically; requiring reinstatement of nonrenewed licenses; authorizing annual or biennial renewal periods; and authorizing legislative rules and emergency rules related to renewal and reinstatement.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Craig Blair,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 14, Requesting DOH erect signs in Marion County designated "Home of Francis H. Pierpont".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 6, Relating to medical professional liability.
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. 6 pass?”
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel and Cole (Mr. President)--31.
The nays were: Romano--1.
Absent: Miller and Yost--2.
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. 6) passed with its title.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel and Cole (Mr. President)--31.
The nays were: Romano--1.
Absent: Miller and Yost--2.
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. 6) 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 Unger, and by unanimous consent, the remarks by Senators Kessler and Trump regarding the passage of Engrossed Committee Substitute for Senate Bill No. 6 were ordered printed in the Appendix to the Journal.
Eng. Com. Sub. for Senate Bill No. 7, Requiring CPR and care for conscious choking instruction in public schools.
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: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel and Cole (Mr. President)--32.
The nays were: None.
Absent: Miller and Yost--2.
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. 7) passed with its title.
Senator Carmichael moved that the bill take effect July 1, 2015.
On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel and Cole (Mr. President)--32.
The nays were: None.
Absent: Miller and Yost--2.
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. 7) takes effect July 1, 2015.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 106, Excepting professional engineer member from sanitary board when project engineer is under contract.
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: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel and Cole (Mr. President)--32.
The nays were: None.
Absent: Miller and Yost--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 106) passed with its title.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel and Cole (Mr. President)--32.
The nays were: None.
Absent: Miller and Yost--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 106) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 335, Creating Access to Opioid Antagonists 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: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel and Cole (Mr. President)--32.
The nays were: None.
Absent: Miller and Yost--2.
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. 335) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 175, Authorizing DHHR promulgate legislative rules.
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 No. 249, Prohibiting straight party voting.
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. 284, Relating to chief law-enforcement officer's requirement to certify transfer or making of certain firearms.
Senate Bill No. 312, Relating to disqualification of general election nominees for failure to file campaign finance statements.
Senate Bill No. 318, Relating to payment of wages by employers.
Senate Bill No. 322, Eliminating mandatory electronic recount of ballots in recounts.
Com. Sub. for Senate Bill No. 323, Relating to municipal home rule.
And,
Senate Bill No. 326, Eliminating campaign finance reporting by candidates for delegate to national convention.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Kirkendoll and Woelfel.
Thereafter, at the request of Senator Kessler, and by unanimous consent, the remarks by Senators Kirkendoll and Woelfel were ordered printed in the Appendix to the Journal.
On motion of Senator Carmichael, leaves of absence for the day were granted Senators Miller 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 tomorrow, Tuesday, February 3, 2015, at 11 a.m.
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