WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

REGULAR SESSION, 2015

TWENTY-SECOND DAY

____________

Charleston, W. Va., Wednesday, January 4, 2015

The Senate met at 11 a.m.

(Senator Cole, Mr. President, in the Chair.)

Prayer was offered by Pastor Jack Richards, Interim Pastor, St. Timothy Lutheran Church, Charleston, West Virginia.

The Senate was then led in recitation of the Pledge of Allegiance by the Honorable David Nohe, a senator from the third district.

Pastor Debbie Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia, proceeded in the singing of “Soon I Will Be Done with the Troubles of the World”.

Pending the reading of the Journal of Tuesday, January 3, 2015,

On motion of Senator Beach, 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 Respiratory Care, 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 Clerk presented a communication from the Department of Environmental Protection, submitting its Special Reclamation Fund Advisory Council annual report, in accordance with chapter twenty-two, article one, section seventeen of the Code of West Virginia.

Which communication and report were received and filed with the Clerk.

The Senate 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. House Bill No. 2200--A Bill to amend and reenact chapter forty-nine of the Code of West Virginia, 1931, as amended, all relating to revising, rearranging, consolidating and recodifying the laws of the State of West Virginia relating to child welfare; and removing outdated language and to comply with court rulings concerning child welfare.

Referred to the Committee on the Judiciary.

Executive Communications

The Clerk then presented a communication from His Excellency, the Governor, advising that on February 3, 2015, he had approved Enr. Committee Substitute for House Bill No. 2001.

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 4th day of February, 2015, 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:

(S. B. No. 3), Relating to real property possessor's liability for trespasser harm.

Respectfully submitted,

Mark R. Maynard,

Chair, Senate Committee.

John B. McCuskey,

Chair, House Committee.

Senator Walters, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

Your Committee on Transportation and Infrastructure has had under consideration

Senate Bill No. 87, Relating to standards for conversion and retrofits of alternative-fuel motor vehicles.

And,

Senate Bill No. 353, Transferring motor vehicle inspection program to State Police Superintendent.

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,

Chris Walters,

Chair.

The bills, under the original double committee references, were then referred 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 Nos. 186, 187, 188, 189, 190 and 191, Authorizing Racing Commission promulgate legislative rule relating to thoroughbred racing.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 187 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Revenue; 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 as amended by the Legislature; 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 Racing Commission to promulgate a legislative rule relating to thoroughbred racing; authorizing State Tax Department to promulgate a legislative rule relating to appointment of special assessors by State Tax Commissioner; authorizing Insurance Commissioner to promulgate a legislative rule relating to recognizing annuity mortality tables for use in determining reserve liabilities for annuities; authorizing Insurance Commissioner to promulgate a legislative rule relating to annuity disclosure; authorizing Alcohol Beverage Control Commission to promulgate a legislative rule relating to nonintoxicating beer licensing and operations procedures; and authorizing Alcohol Beverage Control Commission to promulgate a legislative rule relating to private club licensing.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Charles S. Trump IV,

Chair.

Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance 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 the Judiciary.

Respectfully submitted,

Mike Hall,

Chair.

The bills, under the original triple committee references, were then referred to the Committee on the Judiciary.

Senator Sypolt, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration

Senate Bill No. 238, Exempting county boards of education from liability arising from unorganized recreation.

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 the Judiciary.

Respectfully submitted,

Dave Sypolt,

Chair.

The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.

Senator Ferns, from the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration

Senate Bill No. 277, Requiring issuance of certificate of birth resulting in stillbirth.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 277 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5-20a, relating to a certificate of birth resulting in stillbirth.

With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.

Respectfully submitted,

Ryan J. Ferns,

Chair.

The bill (Com. Sub. for S. B. No. 277), under the original double committee reference, was then referred to the Committee on the Judiciary.

Senator Sypolt, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration

Senate Bill No. 287, Providing posthumous high school diplomas.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 287 (originating in the Committee on Education)--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".

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Dave Sypolt,

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

Eng. Com. Sub. for House Bill No. 2002, Predicating actions for damages upon principles of comparative fault.

And has amended same.

And reports the same back with the recommendation that it do pass, as amended.

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 Senators Plymale, Boso and Stollings:

Senate Bill No. 406--A Bill to amend and reenact §47-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §47-2-14a, §47-2-14b, §47-2-14c and §47-2-14d, all relating to trademark counterfeiting and forfeiture; creating crime of trademark counterfeiting; and providing penalties.

Referred to the Committee on the Judiciary.

By Senator Plymale:

Senate Bill No. 407--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-16E-1, §17-16E-2, §17-16E-3, §17-16E-4 and §17-16E-5, all relating to implementation of a state safety oversight program pursuant to a mandate per 49 U. S. C. §5329.

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. 408--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-3-1d; to amend and reenact §18A-3-2a of said code; and to amend and reenact §18C-4A-1, §18C-4A-2 and §18C-4A-3 of said code, all relating to education; providing for critical need alternative teaching certificates to teach in subject areas, public schools or geographic areas of the state in which a critical teacher shortage exists, as determined by the State Board of Education; setting forth certificate eligibility requirements; providing for orientation program for critical need alternative teaching certificate holder; providing for training, support and evaluation of critical need alternative teaching certificate holder; setting forth requirements for renewing critical need alternative teaching certificate; requiring State Board of Education to promulgate legislative rule or rules related to implementation of critical need alternative learning certificates; expanding class of teachers that are eligible to receive assistance from Underwood-Smith Teacher Loan Assistance Program; and increasing annual amount of assistance available from Underwood-Smith Teacher Loan Assistance Program.

Referred to the Committee on Education; and then to the Committee on Finance.

By Senators Carmichael, Blair, Boso, Gaunch, M. Hall, Walters and Williams:

Senate Bill No. 409--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-10f, relating to the "Fair and Open Competition in Governmental Construction Act"; prohibiting governmental units from awarding a grant, tax abatement or tax credit that is conditioned upon a provision that requires or prohibits a bidder, offeror, contractor or subcontractor from entering into or adhering to an agreement with one or more labor organizations in regard to the project or a related construction project, or that contains a term that otherwise discriminates against a bidder, offeror, contractor or subcontractor for becoming or remaining or refusing to become or remain a signatory to, or for adhering or refusing to adhere to, an agreement with one or more labor organizations in regard to that project or a related construction project; and providing exceptions.

Referred to the Committee on Labor; and then to the Committee on the Judiciary.

By Senators Stollings, Prezioso, Plymale, Woelfel, Williams, Unger, Takubo, Ferns, Gaunch, D. Hall, Beach, Carmichael, Kessler, Kirkendoll, Palumbo and Nohe:

Senate Bill No. 410--A Bill to amend and reenact §29-12-5a of the Code of West Virginia, 1931, as amended, relating to liability insurance for certain persons connected to county boards of education; requiring Board of Risk and Insurance Management cover volunteer workers and student teachers in the same manner as other board of education employees; defining "volunteer worker"; and limiting civil liability in certain circumstances.

Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senators Takubo, Carmichael, Ferns, Gaunch and Mullins:

Senate Bill No. 411--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5, §55-7E-6, §55-7E-7, §55-7E-8, §55-7E-9, §55-7E-10 and §55-7E-11; and that said code be amended by adding thereto a new article, designated §55-7F-1, §55-7F-2, §55-7F-3, §55-7F-4, §55-7F-5, §55-7F-6, §55-7F-7, §55-7F-8, §55-7F-9, §55-7F-10, §55-7F-11, §55-7F-12, §55-7F-13, §55-7F-14, §55-7F-15, §55-7F-16 and §55-7F-17, all relating to procedures for determining liability for exposures to asbestos or silica; setting forth findings and purposes; setting forth definitions; requiring disclosures of existing and potential asbestos bankruptcy trust claims; establishing legal standards and procedures for the handling of asbestos claims; providing for sanctions; establishing procedures for set offs and credits; establishing medical criteria procedures for asbestos and silica claims; providing for statute of limitations standards and other limitations on liability; and providing for applicability to existing and future asbestos and silica claims.

Referred to the Committee on the Judiciary.

By Senator Blair:

Senate Bill No. 412--A Bill to amend and reenact §30-40-20 of the Code of West Virginia, 1931, as amended, relating to the Real Estate Commission licenses issued by commission; establishing time limitations on filing complaints of unprofessional conduct against a licensee; and tolling the time limits during criminal investigations and prosecutions.

Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

By Senator D. Hall:

Senate Bill No. 413--A Bill to amend and reenact §19-16A-7 and §19-16A-12 of the Code of West Virginia, 1931, as amended, relating to pesticide control; licensing requirements, including criminal background checks and evidence of employment or college or university degrees in entomology; and drug testing.

Referred to the Committee on Agriculture and Rural Development; and then to the Committee on Government Organization.

By Senators Plymale, Cole (Mr. President), Stollings and Woelfel:

Senate Bill No. 414--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 and §17-29-4, all relating to transportation and economic development projects in West Virginia; declaring legislative findings; promoting public-private partnerships; declaring that West Virginia law is supreme to federal law and regulations in the area of creating public-private partnerships for transportation and economic development projects on reclaimed mining sites; declaring a legislative priority to complete the I-73/74 NHS Corridor Project; requiring the departments of Environmental Protection and Transportation to create a plan for completion of the I-73/74 NHS Corridor Project utilizing public-private partnerships; and requiring a report to the Legislature on the progress of public-private partnerships in transportation and economic development projects on reclaimed mining sites.

Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.

Senators Palumbo, Williams, Stollings, Beach and Plymale offered the following resolution:

Senate Concurrent Resolution No. 15--Requesting the Division of Highways name bridge number 20-77-101.40 (20A434), locally known as I-77 Garrison Avenue Overpass 2567, carrying Interstate 77 over Garrison Avenue in Kanawha County, the "Tom Williams Family Bridge".

Whereas, The family of Tom Williams was raised on Garrison Avenue in Charleston, West Virginia; and

Whereas, A daughter in the family, Lena Gay Williams McClandish, served in the U. S. Navy and was stationed at a Maryland hospital; and

Whereas, One son, Thomas Buck Williams, also served in the U. S. Navy as a "frogman" during the Korean War; and

Whereas, A second son, Gene Williams, served in the U. S. Army and was stationed at Fort Hood, Washington; and

Whereas, A third son, U. S. Marine Gunnery Sergeant Dennis Williams, while serving as a Platoon Sergeant with Company D, First Battalion, First Marines, First Marine Division, in connection with operations against the enemy in the Republic of Vietnam, courageously exposed himself to enemy fire to carry a wounded comrade across fifty meters of fire-swept terrain to a place of relative safety where medical aid was available; and

Whereas, Gunnery Sergeant Dennis Williams was awarded two Purple Hearts and retired after twenty-one years of service; and

Whereas, As a result of his courage, bold initiative and unfaltering devotion to duty at great personal risk, Gunnery Sergeant Dennis Williams is authorized to wear the Combat V; and

Whereas, It is fitting and proper to honor the Williams family's contribution to the nation and its military services made by the sister and three brothers herein named; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 20-77-101.40 (20A434), locally known as I-77 Garrison Avenue Overpass 2567, carrying Interstate 77 over Garrison Avenue in Kanawha County, the "Tom Williams Family Bridge"; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs at both ends of the bridge identifying the bridge as the "Tom Williams Family Bridge"; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

Which, under the rules, lies over one day.

Senators D. Hall, Miller and Plymale offered the following resolution:

Senate Concurrent Resolution No. 16--Urging United States Congress to recognize May 4, 2015, as "National FPIES Awareness Day".

Whereas, Food Protein Induced Enterocolitis Syndrome, also known as FPIES, is a clinically documented medical condition known to occur in infants and young children, with potentially life-threatening consequences if not properly diagnosed and managed; and

Whereas, FPIES has been diagnosed in a small, but statistically significant, portion of infants and, because this condition is frequently misdiagnosed, it is likely to occur in greater numbers than currently known; and

Whereas, FPIES and other gastrointestinal hypersensitivity disorders are easily misdiagnosed because they do not present the same symptoms as more commonly understood allergic reactions and there are, as yet, no diagnostic tests that are specific for FPIES and similar disorders; and

Whereas, FPIES is a disease that can only be managed, as there is no cure and no treatment for its symptoms; and

Whereas, The management of FPIES and the care of an afflicted patient often requires strict adherence to a diet of chemically modified formula in infants and specially manufactured, elemental foods for older children that may cost thousands of dollars per month; and

Whereas, Knowledge of the nature of FPIES and other gastrointestinal hypersensitivity disorders has been slow to spread and these disorders are little known outside a small community of specialists; and

Whereas, This lack of knowledge and understanding has adversely affected patients in emergency departments and urgent care centers and has resulted in inconsistent and long-delayed responses from many insurance providers; therefore, be it

Resolved by the Legislature of West Virginia:

That the United States Congress is hereby urged to recognize May 4, 2015, as "National FPIES Awareness Day"; and, be it

Further Resolved, That greater awareness of Food Protein Induced Enterocolitis Syndrome and other gastrointestinal hypersensitivity disorders be fostered through appropriate research, public hearings and public information initiatives; and, be it

Further Resolved, That the Legislature encourages our medical community, insurance industry, dietitians, nutritionists, educators and child care workers to learn the symptoms and characteristics of gastrointestinal hypersensitivity disorders and to develop greater understanding of the accommodations needed to care for those with these disorders.

Which, under the rules, lies over one day.

Senators Trump, Plymale and Romano offered the following resolution:

Senate Concurrent Resolution No. 17--Requesting the Joint Committee on Government and Finance study the entire process of probate with the goal of making the process less burdensome for our citizens, particularly those who have little or no assets at the time of death or who are married and have jointly held reciprocal wills.

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance study the entire process of probate with the goal of making the process less burdensome for our citizens, particularly those who have little or no assets at the time of death or who are married and have jointly held reciprocal wills; 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 Stollings, Prezioso, Palumbo, Laird, M. Hall, Romano, Williams, Kirkendoll, Kessler, Beach, Plymale, D. Hall and Nohe offered the following resolution:

Senate Resolution No. 21--Recognizing February 4, 2015, as Social Work Day in celebration and support of the social work profession.

Whereas, Social workers make a positive difference in the lives of millions of Americans and thousands of West Virginians by helping to build, support and empower positive family and community relationships; and

Whereas, Social workers in schools enhance the social, emotional and academic growth of all students; and

Whereas, Social workers in hospitals help patients navigate their paths to recovery and better coordinate care and prevent hospital readmission rate; and

Whereas, Social workers in agencies and organizations help protect vulnerable children and adults from abuse and neglect; and

Whereas, Clinical social workers are authorized to diagnose and treat mental and behavioral health disorders and frequently receive insurance reimbursement for their professional services; and

Whereas, Social workers have worked to strengthen the social safety net through programs such as Medicaid, Medicare and the Affordable Health Care Act and advocated the social justice initiatives such as the Voting Rights Acts and the Community Mental Health Act; and

Whereas, Social workers, more than any other profession, recognize that more must be done to address persistent social problems such as poverty, lack of education and access to health care, and to end discrimination based on gender, race, sexuality or income; and

Whereas, The National Association of Social Workers has selected the theme “Social Work Paves the Way for Change” for 2015 Social Work Month in an effort to convey that, for over six decades, social work professionals and the NASW have brought about positive changes in society and for individuals; therefore, be it

Resolved by the Senate:

That the Senate hereby recognizes February 4, 2015, as Social Work Day in celebration and support of the social work profession; and, be it

Further Resolved, That the Senate acknowledges the contributions of social workers to our state and nation and urges all citizens to join with the West Virginia Chapter of the National Association of Social Workers and the State of West Virginia in celebration and support of the social work profession; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Chapter of the National Association of Social Workers.

At the request of Senator Stollings, 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 resumed business under the sixth order.

Senators Takubo, Miller, Laird, D. Hall, Romano, Kessler, Stollings, Beach, Plymale, Boso and Williams offered the following resolution:

Senate Resolution No. 22--Recognizing the West Virginia School of Osteopathic Medicine as a national leader in rural primary care medicine, for excellence in medical education and for its many contributions to the State of West Virginia.

Whereas, The West Virginia School of Osteopathic Medicine is located in Lewisburg, West Virginia, and its statewide campus offices are located throughout the Mountain State; and

Whereas, The mission of the West Virginia School of Osteopathic Medicine is to educate students from diverse backgrounds as lifelong learners in osteopathic medicine and complementary health-related programs; to advance scientific knowledge through academic, clinical and basic science research; and to promote patient-centered, evidence-based medicine; and

Whereas, The West Virginia School of Osteopathic Medicine is dedicated to serving, first and foremost, the State of West Virginia and the special health care needs of its residents, emphasizing primary care in rural areas; and

Whereas, The West Virginia School of Osteopathic Medicine is a leader in producing graduates who practice in rural settings and has a nationally recognized faculty and innovative programs; and

Whereas, U. S. News & World Report has ranked the West Virginia School of Osteopathic Medicine among the top medical schools in the nation in primary care and family medicine for the past sixteen years, solidifying the schools reputation as a place where scientific study and compassion are joined in one curriculum; and

Whereas, The West Virginia School of Osteopathic Medicine is known nationwide for its efforts in rural, family and primary care medicine and has received many accolades to support its efforts, including: First among all medical schools in the United States in graduating physicians who practice in rural areas (Academic Medicine, 2010 Study); 3rd in the nation for percentage of medical school graduates entering primary care residency specialties (U. S. News & World Report 2014); 12th in the nation for family medicine (U. S. News & World Report 2014); and 16th in the nation for rural medicine (U. S. News & World Report); and

Whereas, Third- and fourth-year students from the West Virginia School of Osteopathic Medicine completed 1,367 rural clinical rotations in West Virginia this past academic year; and

Whereas, The West Virginia School of Osteopathic Medicine has been recognized by The Chronicle of Higher Education for four consecutive years as a “Great College to Work For” and is the only institution in West Virginia with this honor; and

Whereas, Graduates of the West Virginia School of Osteopathic Medicine practice medicine in 46 of West Virginia’s 55 counties and in 48 states and the District of Columbia, and are making a significant contribution to the health care needs of the citizens of West Virginia and the nation; therefore, be it

Resolved by the Senate:

That the Senate hereby recognizes the West Virginia School of Osteopathic Medicine as a national leader in rural primary care medicine, for excellence in medical education and for its many contributions to the State of West Virginia; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia School of Osteopathic Medicine.

At the request of Senator Takubo, 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 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. 415 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to adding circuit judges to certain judicial circuits; providing for currently serving circuit judges to remain in office until December 31, 2016; and providing for the terms of office of circuit judges elected in the year 2016.

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 Finance.

Respectfully submitted,

Charles S. Trump IV,

Chair.

At the request of Senator Trump, unanimous consent being granted, the bill (S. B. No. 415) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration.

On motion of Senator Trump, the bill was referred to the Committee on Finance.

The Senate proceeded to the eighth order of business.

Com. Sub. for Senate Bill No. 284, Relating to chief law-enforcement officer's requirement to certify transfer or making of certain firearms.

On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 4, 2015, for amendments to be considered on third reading, was reported by the Clerk.

On motion of Senator Nohe, the following amendment to the bill was reported by the Clerk and adopted:

On page four, section sixteen, lines thirty-five through forty-two, by striking out all of subsection (d) and inserting in lieu thereof a new subsection, designated subsection (d), to read as follows:

(d) An applicant whose request for certification is denied may appeal the chief law-enforcement officer’s decision to the circuit court of the applicant’s county of residence. If the circuit court finds that the applicant is not prohibited by law from making, transferring, receiving or possessing a firearm and is not the subject of a proceeding that could result in prohibition, the circuit court shall order the chief law-enforcement officer to issue the certification and may award costs and reasonable attorney’s fees to the applicant.

The bill, as just amended, was ordered to engrossment.

Engrossed Committee Substitute for Senate Bill No. 284 was then read a third time and put upon its passage.

On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.

The nays were: None.

Absent: Facemire--1.

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. 284) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Senate Bill No. 312, Relating to disqualification of general election nominees for failure to file campaign finance statements.

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 Senate Bill No. 312 pass?”

The nays were: None.

Absent: Facemire--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 312) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Senate Bill No. 318, Relating to payment of wages by employers.

On third reading, coming up in regular order, was reported by the Clerk.

Following discussion,

At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar, and with the right for amendments to be considered on that reading.

Eng. Senate Bill No. 322, Eliminating mandatory electronic recount of ballots in recounts.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Facemire--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 322) passed with its title.

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. 323, Relating to municipal home rule.

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. 323 pass?”

On the passage of the bill, the yeas were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--31.

The nays were: Beach and Romano--2.

Absent: Facemire--1.

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. 323) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Senate Bill No. 326, Eliminating campaign finance reporting by candidates for delegate to national convention.

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 Senate Bill No. 326 pass?”

On the passage of the bill, the yeas were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Nohe, Prezioso, Sypolt, Takubo, Trump, Walters and Cole (Mr. President)--19.

The nays were: Beach, Kessler, Kirkendoll, Laird, Miller, Palumbo, Plymale, Romano, Snyder, Stollings, Unger, Williams, Woelfel and Yost--14.

Absent: Facemire--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 326) 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.

Senate Bill No. 389, Relating to Board of Registration for Professional Engineers license renewals and reinstatements.

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:

Senate Bill No. 250, Relating to Conservation Agency financial assistance applications from district supervisors.

Com. Sub. for Senate Bill No. 261, Clarifying definition of "owner" of dam.

Com. Sub. for Senate Bill No. 279, Clarifying qualifications of Labor Commissioner.

Com. Sub. for Senate Bill No. 374, Permitting in absentia parole hearings in certain instances.

And,

Com. Sub. for Senate Bill No. 375, Specifying who receives parole hearing notices via regular or certified mail.

On motion of Senator Carmichael, a leave of absence for the day was granted Senator Facemire.

Pending announcement of meetings of standing committees of the Senate,

On motion of Senator Carmichael, the Senate adjourned until tomorrow, Thursday, February 5, 2015, at 11 a.m.

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