WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
THIRTIETH DAY
____________
Charleston, W. Va., Thursday, February 12, 2015
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by Pastor Deborah Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable John R. Unger II, a senator from the sixteenth district.
Pending the reading of the Journal of Wednesday, February 11, 2015,
On motion of Senator Leonhardt, 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 amendment by that body, passage as amended with its House of Delegates amended title, to take effect July 1, 2015, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 7, Requiring CPR and care for conscious choking instruction in public schools.
On motion of Senator Carmichael, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-9. Required courses of instruction.
(a) In all public, private, parochial and denominational schools located within this state, there shall be given prior to the completion of the eighth grade at least one year of instruction in the history of the State of West Virginia. The schools shall require regular courses of instruction by the completion of the twelfth grade in the history of the United States, in civics, in the Constitution of the United States and in the government of the State of West Virginia for the purpose of teaching, fostering and perpetuating the ideals, principles and spirit of political and economic democracy in America and increasing the knowledge of the organization and machinery of the government of the United States and of the State of West Virginia. The state board shall, with the advice of the state superintendent, prescribe the courses of study covering these subjects for the public schools. It shall be the duty of the officials or boards having authority over the respective private, parochial and denominational schools to prescribe courses of study for the schools under their control and supervision similar to those required for the public schools. To further such study, every high school student eligible by age for voter registration shall be afforded the opportunity to register to vote pursuant to section twenty-two, article two, chapter three of this code.
(b) The state board shall cause to be taught in all of the public schools of this state the subject of health education, including instruction in any of the grades six through twelve as considered appropriate by the county board, on: (1) The prevention, transmission and spread of acquired immune deficiency syndrome and other sexually transmitted diseases; (2) substance abuse, including the nature of alcoholic drinks and narcotics, tobacco products and other potentially harmful drugs, with special instruction as to their effect upon the human system and upon society in general; (3) the importance of healthy eating and physical activity to maintaining healthy weight; and (4) education concerning CPR cardiopulmonary resuscitation and first aid, including instruction in the care for conscious choking, and recognition of symptoms of drug or alcohol overdose. The course curriculum requirements and materials for the instruction shall be adopted by the state board by rule in consultation with the Department of Health and Human Resources. The state board shall prescribe a standardized health education assessment to be administered within health education classes to measure student health knowledge and program effectiveness.
(c) An opportunity shall be afforded to the parent or guardian of a child subject to instruction in the prevention, transmission and spread of acquired immune deficiency syndrome and other sexually transmitted diseases to examine the course curriculum requirements and materials to be used in the instruction. The parent or guardian may exempt the child from participation in the instruction by giving notice to that effect in writing to the school principal.
(c) Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding $10 for each violation, and each week during which there is a violation shall constitute a separate offense. If the person so convicted occupies a position in connection with the public schools, that person shall automatically be removed from that position and shall be ineligible for reappointment to that or a similar position for the period of one year.
(d) After July 1, 2015, the required instruction in cardiopulmonary resuscitation in subsection (b) of this section shall include at least thirty minutes of instruction for each student prior to graduation on the proper administration of cardiopulmonary resuscitation (CPR) and the psychomotor skills necessary to perform cardiopulmonary resuscitation. The term “psychomotor skills” means the use of hands-on practicing to support cognitive learning. Cognitive-only training does not qualify as “psychomotor skills. The CPR instruction must be based on an instructional program established by the American Heart Association or the American Red Cross or another program which is nationally recognized and uses the most current national evidence-based Emergency Cardiovascular Care guidelines and incorporates psychomotor skills development into the instruction. A licensed teacher is not required to be a certified trainer of cardiopulmonary resuscitation to facilitate, provide or oversee such instruction. The instruction may be given by community members, such as emergency medical technicians, paramedics, police officers, firefighters, licensed nurses and representatives of the American Heart Association or the American Red Cross. These community members are encouraged to provide necessary training and instructional resources such as cardiopulmonary resuscitation kits and other material at no cost to the schools. The requirements of this subsection are minimum requirements. A local school district may offer CPR instruction for longer periods of time and may enhance the curriculum and training components, including, but not limited to, incorporating into the instruction the use of an automated external defibrillator (AED): Provided, That any instruction that results in a certification being earned must be taught by an authorized CPR/AED instructor.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 7--A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required instruction in cardiopulmonary resuscitation (CPR) and first aid in public school health education subjects; adding care for conscious choking first aid instruction; adding requirement for recognition of symptoms of drug and alcohol overdose in health curriculum; eliminating misdemeanor crime and penalties for violation of section; requiring minimum thirty minutes instruction prior to graduation in cardiopulmonary resuscitation and psychomotor skills necessary to perform after certain date; defining “psychomotor skills”; requiring CPR instruction be based on program established by American Heart Association or the American Red Cross or other recognized guidelines; authorizing various persons and community members by whom instruction may be given; encouraging such community members to provide training and instructional resources; authorizing school districts to exceed minimum requirements; and requiring authorized CPR/automated external defibrillator instructor for instruction that results in certification being earned.
On motion of Senator Carmichael, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 7, as amended by the House of Delegates, was then 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, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority 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) passed with its House of Delegates amended 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, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. 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.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 335, Creating Access to Opioid Antagonists Act.
On motion of Senator Carmichael, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page seven, section three, line thirty-one, after the word “treatment” by inserting the words “at a medical facility”;
On page nine, section five, line nine, by striking out the word “four” and inserting in lieu thereof the word “three”;
On page twelve, section six, line fifty-five, by striking out the word “may” and inserting in lieu thereof the word “shall”;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 335--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4, §16-46-5 and §16-46-6; and to amend and reenact §30-1-7a of said code, all relating generally to accessing and administering opioid antagonists in overdose situations; defining terms; establishing objectives and purpose; allowing licensed health care providers to prescribe opioid antagonist to initial responders and certain individuals; allowing initial responders to possess and administer opioid antagonists; providing for limited liability for initial responders; providing for limited liability for licensed health care providers who prescribe opioid antagonist in accordance with this article; providing for limited liability for anyone who possesses and administers an opioid antagonist; establishing responsibility of licensed health care providers to provide educational materials on overdose prevention and administration of opioid antagonist; providing for data collection and reporting; providing for training requirements; and providing for rule-making authority.
On motion of Senator Carmichael, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 335, as amended by the House of Delegates, was then 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, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority 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. 335) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2025, Prohibiting certain sex offenders from loitering within one thousand feet of a school or child care facility.
On motion of Senator Carmichael, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.
Whereupon, Senator Cole (Mr. President) appointed the following conferees on the part of the Senate:
Senators Nohe, Gaunch and Williams.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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. 2266--A Bill to repeal §44-2-2 and §44-2-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §44-1-14a of said code, relating to the publication requirements of the administration of estates.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2370--A Bill to amend and reenact §18-2-26 of the Code of West Virginia, 1931, as amended, relating to increasing the powers of regional councils for governance of regional education service agencies; providing for revision of state board rule; requiring selection of executive director from nominations with certain limitations; requiring consultation with councils on development of job description, qualifications and procedures; requiring provisions for annual performance evaluations with portion of rating determined by council; expanding role of council; stating ability of agencies to cooperate, share or combine services with each other; updating references to computer programs and systems and removing outdated provisions; removing prescriptive provisions for computer installation, maintenance and repair; and removing provisions relating to repealed section on professional development.
Referred to the Committee on Education.
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. 2444--A Bill to amend and reenact the §5B-2-5 of the Code of West Virginia, 1931, as amended, relating to providing assistance to small businesses; requiring the West Virginia Development Office to assign economic development office representatives to serve as Small Business Allies; identifying duties and services to be provided to small businesses and individuals desiring to establish and operate small businesses; requiring that the director of the West Virginia Development Office report biennially and offer recommendations for reducing the burdens imposed on small businesses; and further identifying the report’s contents.
Referred to the Committee on Economic Development.
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. 2568--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5, §16-2M-6 and §16-2M-7, all relating to prohibiting certain abortions; stating legislative findings; defining terms; requiring a calculation of gestational age before an abortion is performed or attempted, except in certain cases; prohibiting abortions when the gestational age of the fetus reaches pain capable gestational age; creating certain exceptions to that prohibition; requiring a physician performing an abortion of a fetus that has reached pain capable gestational age to use the process most likely to allow the fetus to survive, with certain exceptions; requiring reporting of all completed abortions and that the reports contain certain information regarding the abortion; requiring an annual public report that provides statistics of the abortions while keeping the identities of the persons involved confidential; deeming violations by physicians and other licensed medical practitioners to be a breach of the standard of care and outside the scope of practice that is permitted by law; allowing for loss of license to practice for violation; constituting violations for nonphysician and nonlicensed medical practitioners as unauthorized practice of medicine and subject to criminal penalties; preserving existing legal remedies for violations; and clarifying that no penalty may be assessed against a patient; and making provisions severable.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Boley, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 85, Increasing tax exemption for military, National Guard and reserve retirement income.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 85 (originating in the Committee on Military)--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to personal income tax; increasing adjustment to gross income for military retirement income of state residents; and deleting outdated language.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Donna J. Boley,
Vice Chair.
The bill (Com. Sub. for S. B. No. 85), under the original double committee reference, was then referred to the Committee on Finance.
Senator Leonhardt, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 109, Exempting certain veterans' organizations and active duty military organizations from indoor smoking rules.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 109 (originating in the Committee on Military)--A Bill to amend and reenact §16-2-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-2-16, all relating to local indoor smoking prohibition; exempting certain veterans’ organizations and active duty United States military organizations from local indoor smoking prohibition; and establishing a procedure for exempting certain establishments from local indoor smoking prohibition.
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,
Kent Leonhardt,
Chair.
The bill (Com. Sub. for S. B. No. 109), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Leonhardt, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 122, Adopting federal definition for disabled veterans' preference in civil service hiring and state contract vendor bidding.
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 Government Organization.
Respectfully submitted,
Kent Leonhardt,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Government Organization.
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. 165, Authorizing DEP promulgate legislative rule relating to waste management.
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,
Robert Karnes,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Takubo, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 273, Relating to brewer, resident brewer and brewpub licensing and operations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 273 (originating in the Committee on Economic Development)--A Bill to amend and reenact §11-16-3, §11-16-6, §11-16-9 and §11-16-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §11-16-6a and §11-16-6b, all relating to brewer, resident brewer and brewpub licensing and operations; clarifying definitions; providing legislative findings; authorizing licensed brewers and resident brewers to offer complimentary nonintoxicating beer and nonintoxicating craft beer samples; authorizing licensed brewers and resident brewers to sell growlers with limitations; authorizing licensed brewpubs, Class A retail dealers, Class B retail dealers, private clubs, Class A retail licensees and Class B retail licensees to sell growlers with limitations; clarifying licensing and operational requirements for brewers, resident brewers and brewpubs; changing the license fee schedule for certain brewers and resident brewers; decreasing the license fee for brewpubs; requiring brewers and resident brewers to submit annual reports of production; and removing brewpub bonding requirements.
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,
Tom Takubo,
Chair.
The bill (Com. Sub. for S. B. No. 273), under the original double committee reference, was 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 No. 274, Relating to TANF program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 274 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §9-9-11 of the Code of West Virginia, 1931, as amended, relating to Temporary Assistance for Needy Families program; directing Secretary of Department of Health and Human Resources promulgate emergency and legislative rules setting forth schedule of sanctions; identifying certain factors and goals that secretary is to consider when setting schedule of sanctions; directing secretary promulgate legislative rules governing what constitutes de minimis violations and those violations subject to sanctions and maximum penalties; setting forth reporting requirement to Legislative Oversight Commission on Health and Human Resources Accountability regarding sanctions; and providing copies of reports be provided to President of the Senate and Speaker of the House.
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. 382, Declaring claims against state.
Eng. House Bill No. 2114, Updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act.
And,
Eng. House Bill No. 2115, Updating the meaning of the term "federal taxable income" and certain other terms used in the West Virginia Corporation Net Income Tax Act.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Mike Hall,
Chair.
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. 385, Relating to regulation of transportation network companies.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 385 (originating in the Committee on Transportation and Infrastructure)--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; defining terms; establishing a permit and permit fee; establishing requirements relating to insurance, disclosures, transportation network companies and its drivers, safety and records; limiting controlling authority; and permitting Commissioner of the Division of Motor Vehicles to propose rules for legislative approval.
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,
Chris Walters,
Chair.
The bill (Com. Sub. for S. B. No. 385), under the original double committee reference, was 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. 412, Relating to Real Estate Commission complaint filings.
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,
Craig Blair,
Chair.
The bill, under the original double committee reference, was 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. 429, Relating to one-day special charitable event license to sell nonintoxicating beer.
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 Finance.
Respectfully submitted,
Craig Blair,
Chair.
At the request of Senator M. Hall, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
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 Concurrent Resolution No. 10, Designating September each year as US Constitution Month.
And reports the same back with the recommendation that it be adopted.
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 Walters, Kessler, Nohe, Williams, Palumbo, Boso and Stollings:
Senate Bill No. 459--A Bill to amend and reenact §31-15A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto sixteen new sections, designated §31-15A-9a, §31-15A-9b, §31-15A-10a, §31-15A-11a, §31-15A-12a, §31-15A-13a, §31-15A-14a, §31-15A-15a, §31-15A-17c, §31-15A-18a, §31-15A-19a, §31-15A-20a, §31-15A-21a, §31-15A-22a, §31-15A-23a and §31-15A-24a, all relating generally to development of broadband middle mile infrastructure in the state; defining new terms; creating a separate infrastructure fund for broadband middle mile infrastructure projects; providing for deposits and expenditures; setting forth additional powers to West Virginia Network for Educational Telecomputing and Water Development Authority; creating Infrastructure Fund for Broadband Middle Mile Development; providing for disposition of funds on termination or dissolution of authority; providing that broadband middle mile projects funded by authority are public improvements; authorizing issuance of broadband middle mile revenue bonds; creating Broadband Middle Mile Infrastructure Debt Service Fund; providing for funding of debt service fund; specifying requirements for issuance of bonds; providing for contents of trust agreement and trustee for bonds; specifying remedies available to bondholders, noteholders and trustee; making broadband middle mile infrastructure revenue bonds lawful investments; providing for purchase, cancellation and refunding of bonds; and declaring that bonds are not state debts and are exempt from taxation.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Ferns, D. Hall and Stollings:
Senate Bill No. 460--A Bill to amend and reenact §62-6B-2, §62-6B-3 and §62-6B-4 of the Code of West Virginia, 1931, as amended, all relating to modifying requirements that allow a child witness to testify by closed circuit television.
Referred to the Committee on the Judiciary.
By Senators Walters, D. Hall and Plymale:
Senate Bill No. 461--A Bill to amend and reenact §11-14-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-14C-2 of said code, all relating to definitions of motor carrier and various types of fuel; and exempting fuel used to propel railroad locomotives from Gasoline and Special Fuel Excise Tax and Motor Fuel Excise Tax.
Referred to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 462--A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2015, in the amount of $1,000,000 from the Auditor's Office - Purchasing Card Administration Fund, fund 1234, fiscal year 2015, organization 1200.
Referred to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 463--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Health and Human Resources, Division of Human Services - Health Care Provider Tax - Medicaid State Share Fund, fund 5090, fiscal year 2015, organization 0511, by supplementing and amending the appropriation for the fiscal year ending June 30, 2015.
Referred to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 464--A Bill making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Division of Human Services, fund 5365, fiscal year 2015, organization 0511, by supplementing and amending the appropriation for the fiscal year ending June 30, 2015.
Referred to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 465--A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2015, in the amount of $1,500,000 from the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450, fiscal year 2012, organization 0608, appropriation 59200, and in the amount of $400,103.30 from the Department of Transportation, Division of Public Transit, fund 0510, fiscal year 2013, organization 0805, appropriation 25800, and in the amount of $1,329.28 from the Department of Health and Human Resources, Division of Health, Uniform Health Professional Data Collection Systems Fund, fund 5109, fiscal year 2015, organization 0506, and in the amount of $478.81 from the Department of Health and Human Resources, Division of Health, Commonly Based Fetal and Infant Mortality Review Fund, fund 5131, fiscal year 2015, organization 0506, and in the amount of $18,609.27 from the Department of Health and Human Resources, Division of Health, Claude Worthington Benedum Foundation Fund, fund 5132, fiscal year 2015, organization 0506, and in the amount of $2,500 from the Department of Health and Human Resources, Division of Health, Behavioral Health Clearing Fund, fund 5151, fiscal year 2015, organization 0506, and in the amount of $13,193.90 from the Department of Health and Human Resources, Division of Health, Special Education Title I Fund, fund 5161, fiscal year 2015, organization 0506, and in the amount of $45 from the Department of Health and Human Resources, Division of Health, Rural Health Networking Project Fund, fund 5184, fiscal year 2015, organization 0506, and in the amount of $1,400,000 from the Department of Health and Human Resources, Division of Health, Vital Statistics Improvement Fund, fund 5225, fiscal year 2015, organization 0506, and in the amount of $6,000,000 from the Department of Health and Human Resources, West Virginia Health Care Authority - Health Care Cost Review Fund, fund 5375, fiscal year 2015, organization 0507, and in the amount of $4,000,000 from the Department of Health and Human Resources, West Virginia Health Care Authority - West Virginia Health Information Network Account, fund 5380, fiscal year 2015, organization 0507, and in the amount of $4,976.37 from the Department of Health and Human Resources, Division of Human Services, Special County General Relief Fund, fund 5054, fiscal year 2015, organization 0511, and in the amount of $18,118.01 from the Department of Health and Human Resources, Division of Human Services, Individual and Family Grant Program, fund 5055, fiscal year 2015, organization 0511, and in the amount of $4,000,000 from the Department of Health and Human Resources, Division of Human Services, Medicaid Fraud Control Fund, fund 5141, fiscal year 2015, organization 0511, and in the amount of $223,310.69 from the Department of Health and Human Resources, Division of Human Services - Marriage Education Fund, fund 5490, fiscal year 2015, organization 0511, and in the amount of $12,500,000 from the Department of Revenue, Insurance Commissioner, fund 7152, fiscal year 2015, organization 0704.
Referred to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 466--A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Commerce, Workforce West Virginia - Workforce Investment Act, fund 8749, fiscal year 2015, organization 0323, and to the Department of Commerce, Office of the Secretary - Office of Economic Opportunity - Community Services, fund 8781, fiscal year 2015, organization 0327, by supplementing and amending the appropriation for the fiscal year ending June 30, 2015.
Referred to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 467--A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Agriculture, State Conservation Committee, fund 8783, fiscal year 2015, organization 1400, by supplementing and amending the appropriations for the fiscal year ending June 30, 2015.
Referred to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 468--A Bill expiring funds to the unappropriated balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2015, in the amount of $5,650,000 from the Joint Expenses, fund 0175, fiscal year 2008, organization 2300, appropriation 64200, and in the amount of $15,000,000 from the Joint Expenses, fund 0175, fiscal year 2009, organization 2300, appropriation 64200, and in the amount of $251,657.05 from the Department of Health and Human Resources, Division of Human Services, TRIP Fund, fund 5070, fiscal year 2015, organization 0511.
Referred to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 469--A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Environmental Protection, Division of Environmental Protection, fund 8708, fiscal year 2015 organization 0313, by supplementing and amending the appropriations for the fiscal year ending June 30, 2015.
Referred to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 470--A Bill making a supplementary appropriation of Lottery Net Profits from the balance of moneys remaining as an unappropriated balance in Lottery Net Profits to the State Department of Education - School Building Authority - Debt Service Fund, fund 3963, fiscal year 2015, organization 0402, by supplementing and amending the appropriations for the fiscal year ending June 30, 2015.
Referred to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 471--A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Health and Human Resources, Human Rights Commission, fund 8725, fiscal year 2015, organization 0510, to the Department of Health and Human Resources, Division of Human Services, fund 8722, fiscal year 2015, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2015.
Referred to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 472--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Transportation, Division of Motor Vehicles - Motor Vehicle Fees Fund, fund 8223, fiscal year 2015, organization 0802, by supplementing and amending the appropriation for the fiscal year ending June 30, 2015.
Referred to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 473--A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Military Affairs and Public Safety, West Virginia State Police, fund 8741, fiscal year 2015, organization 0612, by supplementing and amending the appropriations for the fiscal year ending June 30, 2015.
Referred to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 474--A Bill making a supplementary appropriation of Lottery Net Profits from the balance of moneys remaining as an unappropriated balance in Lottery Net Profits to the Bureau of Senior Services - Lottery Senior Citizens Fund, fund 5405, fiscal year 2015, organization 0508, by supplementing and amending the appropriations for the fiscal year ending June 30, 2015.
Referred to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 475--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Military Affairs and Public Safety, West Virginia Division of Corrections - Parolee Supervision Fees, fund 6362, fiscal year 2015, organization 0608, and to the Department of Military Affairs and Public Safety, West Virginia State Police - Motor Vehicle Inspection Fund, fund 6501, fiscal year 2015, organization 0612, by supplementing and amending the appropriation for the fiscal year ending June 30, 2015.
Referred to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 476--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Administration, Division of Purchasing - Purchasing Improvement Fund, fund 2264, fiscal year 2015, organization 0213, by supplementing and amending the appropriation for the fiscal year ending June 30, 2015.
Referred to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill No. 477--A Bill supplementing, amending, decreasing and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2015, organization 0803, for the fiscal year ending June 30, 2015.
Referred to the Committee on Finance.
By Senators Plymale, Stollings, Snyder, Romano, Williams and Kessler:
Senate Bill No. 478--A Bill to amend and reenact §11-14C-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-15-3 and §11-15-18b of said code; to amend said code by adding thereto a new section, designated §11-15-27; to amend and reenact §17-3-1 of said code; to amend and reenact §17A-2-13 of said code; 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 said code by adding thereto a new section, designated §17A-10-17; to amend and reenact §17B-2-1, §17B-2-3a, §17B-2-8 and §17B-2-11 of said code; to amend and reenact §17D-2-2 of said code; and to amend said code by adding thereto a new article, designated §31-15D-1, §31-15D-2, §31-15D-3, §31-15D-4, §31-15D-5, §31-15D-6, §31-15D-7, §31-15D-8, §31-15D-9 and §31-15D-10, all relating to generating and maintaining revenue for maintenance of roads and infrastructure through increases in certain taxes, changes in motor vehicle and license fees and the formation of a state infrastructure bank; changing the methods for calculating taxes on motor fuels; raising rate of tax on diesel fuel; raising consumer's sales tax and dedicating increased revenue to State Road Fund; dedicating taxes from motor vehicle repairs, parts and service to State Road Fund; increasing registration fees for certain motor vehicles; increasing fees for issuance and duplication of various documents by the division, including titles, registrations, plates and decals; increasing fee for recording liens and releases; increasing vehicle transfer fees; establishing an additional fee for registration of alternative fuel vehicles; increasing fees for issuance, duplication and renewal of driver's licenses; creating West Virginia Transportation Infrastructure Bank; creating a governing board of the bank; providing for appointment, terms, qualifications, compensation and expenses of board members; setting powers and duties of the bank; creating West Virginia Transportation Infrastructure Bank Fund; defining deposits and parameters of capitalization; outlining requirements for applications for, and administration of, loans and other financial assistance and for approval of qualified projects; requiring annual reports to Governor and Legislature; requiring annual audits; and removing outdated language.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
Senators Maynard, Kirkendoll and Stollings offered the following resolution:
Senate Concurrent Resolution No. 27--Requesting the Division of Highways name portion of WV Route 152 in Wayne County from its intersection with U. S. Route 52 near Crum to the Cabell County line the "Wayne County Veterans Memorial Highway".
Whereas, A large number of Wayne County men and women have served in the nation's armed forces; and
Whereas, Wayne County veterans have been wounded or lost their lives in military service; and
Whereas, The citizens of Wayne County wish to honor the memory and sacrifices of its many veterans with a fitting memorial; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name portion of WV Route 152 in Wayne County from its intersection with U. S. Route 52 near Crum to the Cabell County line the "Wayne County Veterans Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs at both ends of the highway identifying it as the "Wayne County Veterans Memorial Highway"; 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 and to the Wayne County Commission.
Which, under the rules, lies over one day.
Senators Sypolt, Stollings, D. Hall, Prezioso and Williams offered the following resolution:
Senate Resolution No. 27--Recognizing the Youth Leadership Association for helping West Virginia youth reach their full potential in developing their leadership and citizenship skills for a lifelong commitment to public service.
Whereas, The Youth Leadership Association, formerly known as HI-Y, has partnered with the State of West Virginia for more than one hundred years; and
Whereas, This partnership engages youth in local Youth Leadership Association civic leadership groups, the teen Entrepreneurship and Leadership Summits, as well as the Governor’s Youth Opportunity Camps for low income children at Camp Horseshoe, Youth Leadership Association Model United Nations, and 8th Grade Youth and Government Seminars at the Capitol; and
Whereas, High school student senators, delegates, justices, lobbyists, press, pages and officers will take part in the 58th Youth Leadership Association Youth in Government Student Legislature and Supreme Court at the Capitol in Charleston, West Virginia, on April 24 - 26, 2015; and
Whereas, The Youth Leadership Association’s youth development process produces new civic leadership for our schools, communities and state, as well as business and institutional leadership, educational achievement, entrepreneurship, and leadership to government at every level; and
Whereas, The student officers of the Youth Leadership Association Youth in Government program represent hundreds of young West Virginians preparing for life-long citizenship and taking volunteer actions today to build better futures for all across the Mountain State; and
Whereas, The Youth Leadership Association Youth in Government program, created in 1958 by the late Governor Cecil Underwood, is a program that still has broad based support, including support from Governor Earl Ray Tomblin, Senate President William P. Cole III, House Speaker Tim Armstead, Youth in Government Chairman Senator Roman W. Prezioso, Jr., and members of both the Senate and House of Delegates; and
Whereas, The Senate recognizes and expresses its appreciation to the Youth Leadership Association and all the hundreds of adult volunteers, schools and community organizations that make it possible for West Virginia youth and the State of West Virginia to benefit from the Youth Leadership Association’s youth leadership development; and
Whereas, The West Virginia Senate recognizes the 2015 Youth Leadership Association Youth in Government officers, Governor Tyler Jenkins, President of the Senate Chi Chan, Speaker of the House Michael Winters, and Chief Justice Corrin Lewis for their dedication and commitment to the program; and
Whereas, The Senate expresses its sincere appreciation and thanks to Tyler Jenkins, Chi Chan, Michael Winters, Corrin Lewis and the hundreds of West Virginia Youth Leadership Association youth they represent for taking strides to build a better West Virginia today and for the future; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the Youth Leadership Association for helping West Virginia youth reach their full potential in developing their leadership and citizenship skills for a lifelong commitment to public service; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of the Youth Leadership Association.
At the request of Senator Sypolt, 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 Sypolt, Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Stollings, Takubo, Unger, Walters, Williams, Woelfel and Yost offered the following resolution:
Senate Resolution No. 28--Designating February 12, 2015, as “West Virginia Home School Day” at the Capitol.
Whereas, The State of West Virginia is committed to excellence in education; and
Whereas, The State of West Virginia recognizes that parental involvement and individualized attention to educational success are unique and basic components of home schooling; and
Whereas, Home-schooled students exhibit self-confidence and good citizenship and are prepared academically to meet the challenges of today’s society; and
Whereas, Contemporary studies continue to confirm that children who are educated at home score exceptionally well on national achievement tests; and
Whereas, Home-schooled students have been shown to be competitive with publicly and privately schooled students at the college level; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 12, 2015, as “West Virginia Home School Day” at the Capitol; and, be it
Further Resolved, That the Senate recognizes students, teachers and families involved with home schooling in West Virginia for their dedication to excellence in education; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Home Educators Association and the Christian Home Educators of West Virginia.
At the request of Senator Sypolt, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
At the request of Senator Carmichael, and by unanimous consent, the Senate 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. 479 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §51-2A-3 of the Code of West Virginia, 1931, as amended, relating to adding family court judges to certain family court circuits of the state; providing for terms of office; and providing for election of new family court judges at the regular elections held 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. 479) 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 seventh order of business.
Senate Concurrent Resolution No. 25, Requesting DOH name bridge in Harrison County "U. S. Army PFC Nick A. Cavallaro Memorial Bridge" and "U. S. Army SSG Benjamin T. Portaro Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 26, Requesting DOH name bridge in Boone County "USMC PFC Marshall Lee King Memorial Bridge".
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. 19, Specifying minimum early childhood education program instruction days.
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, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 19) 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 Com. Sub. for Senate Bill No. 243, Relating to school nutrition standards during state of emergency or preparedness.
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, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 243) 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, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 243) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 361, Eliminating prevailing hourly wage requirement for construction of public improvements.
On third reading, coming up in regular order, with the right having been granted on yesterday, Wednesday, February 11, 2015, for amendments to be received on third reading, was reported by the Clerk.
On motions of Senators Blair, Carmichael, Plymale, Palumbo, Williams, Gaunch, Takubo, Stollings, Prezioso, Kessler, M. Hall and Ferns, the following amendment to the bill was reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §21-5A-1, §21-5A-2, §21-5A-3, §21-5A-5, §21-5A-6, §21-5A-8, §21-5A-10 and §21-5A-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code by amended by adding thereto a new section, designated §21-5A-12, all to read as follows:
ARTICLE 5A. WAGES FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS.
§21-5A-1. Definitions.
(1) The term "public authority", as used in this article, shall mean any officer, board or commission or other agency of the State of West Virginia, or any political subdivision thereof, authorized by law to enter into a contract for the construction of a public improvement, including any institution supported, in whole or in part, by public funds of the State of West Virginia or its political subdivisions, and this article shall apply to expenditures of such institutions made, in whole or in part, from such public funds.
(2) The term "construction", as used in this article, shall mean any construction, reconstruction, improvement, enlargement, painting, decorating or repair of any public improvement let to contract. The term "construction" shall not be construed to include temporary or emergency repairs.
(3) The term "locality" means the county where the construction is to be performed, except that if there is not available in the county a sufficient number of competent skilled laborers, workmen and mechanics to perform such construction efficiently and properly, and may include one or more counties in this state adjacent to the one in which the construction is to be performed and from which such skilled laborers, workmen and mechanics may be obtained in sufficient numbers to perform the construction. With respect to construction of public improvements with the state road commission, "locality" may be construed to include one or more counties in this state adjacent to the one in which the construction or public improvement is to be performed and from which skilled laborers, workmen and mechanics may be accessible for work on such construction on public improvements.
(3) The term “regions of this state”, as used in this article, means the break up of regions within the state as determined by Workforce West Virginia for the purposes of developing a methodology pursuant to the sections of this article.
(4) The term "public improvement", as used in this article, shall include all buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports and all other structures upon which construction may be let to contract by the State of West Virginia or any political subdivision thereof.
(5) The term "construction industry", as used in this article, shall mean that industry which is composed of employees and employers engaged in construction of buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports and all other structures or works, whether private or public, on which construction work as defined in subsection (2) of this section is performed.
(6) The term "board" shall mean the minimum wage board as constituted in this article.
(7) The term "employee", for the purposes of this article, shall not be construed to include such persons as are employed or hired by the public authority on a regular or temporary basis or engaged in making temporary or emergency repairs.
§21-5A-2. Policy declared.
It is hereby declared to be the policy of the State of West Virginia that a wage of no less than the prevailing hourly rate of wages for work of a similar character in the locality in regions of this state in which the construction is performed shall be paid to all workmen workers employed by or on behalf of any public authority engaged in the construction of public improvements.
§21-5A-3. Fair minimum rate of wages; determination; filing; schedule of wages part of specifications.
Any public authority authorized to let to contract the construction of a public improvement shall, before advertising for bids for the construction thereof, ascertain from the state commissioner of labor Workforce West Virginia, the fair minimum rate of wages, including fair minimum overtime and holiday pay, to be paid by the successful bidder to the laborers, workmen workers or mechanics in the various branches or classes of the construction to be performed; and such schedule of wages shall be made a part of the specifications for the construction and shall be published in an electronic or other medium and incorporated in the bidding blanks by reference when approved by the commissioner of labor Workforce West Virginia where the construction is to be performed by contract. The fair minimum rate of wages, for the intents and purposes of this article, shall be the prevailing rate of wages compensation paid in the locality in regions of this state as hereinbefore defined to the majority of workmen workers, laborers or mechanics in the same trade or occupation in the construction industry. The commissioner of labor or a member of his or her department designated by him or her Workforce West Virginia shall assemble the data as to the fair minimum wage rates and shall file wage rates. Rates shall be established and filed as hereinafter provided on January 1, of each year, unless otherwise specified within this article. These rates shall prevail as the minimum wage rate on for all public improvements in excess of $500,000 in cost on which bids are asked during the year beginning with the date when such new rates are filed and, until the new rates are filed, the rates for the preceding year shall remain in effect: Provided, That such rates shall not remain in effect for a period longer than fifteen months from the date they are published, but this provision shall not affect construction of a public improvement then underway.
§21-5A-5. Prevailing wages established at specified intervals; how determined; filing; legislative review.
(1) The department of labor, from time to time, Workforce West Virginia, in coordination with the West Virginia University Bureau of Business and Economic Research and the Center for Business and Economic Research at Marshall University in furtherance of section four, article three, chapter eighteen-b of this code, shall investigate and determine the prevailing hourly rate of wages in the localities in regions of this state. Determinations thereof shall be made annually on January 1 of each year, unless otherwise specified within this article, and shall remain in effect during the successive year: Provided, That such rates shall not remain in effect for a period longer than fifteen months from the date they are published. A copy of the determination so made, certified by Workforce West Virginia, shall be filed immediately with the Secretary of State.
In determining such prevailing rates, the department of labor may ascertain and consider the applicable wage rates established by collective bargaining agreements, if any, and such rates as are paid generally within the locality in this state where the construction of the public improvement is to be performed.
(2) A copy of the determination so made, certified by the secretary of the board, shall be filed immediately with the Secretary of State and with the department of labor. Copies shall be supplied to all persons requesting same within ten days after such filing.
(3) At any time within fifteen days after the certified copies of the determination have been filed with the Secretary of State and the department of labor, any person who may be affected thereby may object in writing to the determination or such part thereof as he or she deems objectionable by filing a written notice with the department of labor stating the specific grounds of the objection.
(4) Within ten days of the receipt of the objection, the department of labor shall set a date for a hearing on the objection. The date for the hearing shall be within thirty days after the receipt of the objection. Written notice of the time and place of the hearing shall be given to the objectors at least ten days prior to the date set for the hearing and at a time so as to enable the objectors to be present.
(5) The department of labor at its discretion may hear such written objection separately or consolidate for hearing any two or more written objections. At the hearing the department of labor shall introduce into evidence the results of the investigation it instituted and such other facts which were considered at the time of the original determination of the fair minimum prevailing hourly rate including the sources which formed the basis for its determination. The department of labor or any objectors thereafter may introduce such further evidence as may be material to the issues.
(6) Within ten days of the conclusion of the hearing, the department must rule on the written objections and make such final determination as shall be established by a preponderance of the evidence. Immediately upon such final determination, the department of labor shall file a certified copy of its final determination with the Secretary of State and with the department of labor and shall serve a copy of the final determination on all parties to the proceedings by personal service or by registered mail.
(7) Any person affected by the final determination of the department of labor, whether or not such person participated in the proceedings resulting in such final determination, may appeal to the board from the final determination of the department of labor within ten days from the filing of the copy of the final determination with the Secretary of State. The board shall hear the appeal within twenty days from the receipt of notice of appeal. The hearing by the board shall be held in Charleston. The hearing by the board shall be upon the record compiled in the hearing before the department of labor and the board shall have the authority to affirm, reverse, amend, or remand for further evidence, the final determination of the department of labor. The board shall render its decision within ten days after the conclusion of its hearing.
(8) Any party to the proceeding before the board or any person affected thereby may within thirty days after receipt of the notice of its decision, appeal the board's decision to the circuit court of the county wherever the construction of a public improvement is to be performed, which shall consider the case on the record made before the commissioner of labor and before the board. The decision of such circuit court may be appealed to the Supreme Court of Appeals of West Virginia by any party to the proceedings or by any person affected thereby in the manner provided by law for appeals in civil actions.
(9) Pending the decision on appeal, the rates for the preceding year shall remain in effect.
(2) On or before June 1, 2015, Workforce West Virginia, in coordination with the West Virginia University Bureau of Business and Economic Research and the Center for Business and Economic Research at Marshall University, shall determine the methodology for annually calculating the prevailing hourly rate of wages as evidenced by all appropriate economic data, including, but not limited to, the average rate of wages published by the U. S. Bureau of Labor Statistics and the actual rate of wages paid in the regions of this state to the workers, laborers or mechanics in the same trade or occupation in the construction industry, regardless of the wages listed in collective bargaining agreements, to ascertain the prevailing rate of wages paid in the regions of the state in which the construction of the public improvement is to be performed. Workforce West Virginia shall present such methodology for the determination of the prevailing hourly rate of wages to the Joint Committee on Government and Finance, which shall review the methodology being used to determine annually the prevailing hourly rate of wages and recommend to the Legislature any statutory changes needed to clarify the method for determining prevailing wages.
(3) On or before July 1, 2015, Workforce West Virginia, in coordination with the West Virginia University Bureau of Business and Economic Research and the Center for Business and Economic Research at Marshall University, shall determine the prevailing hourly rate of wages for the remainder of 2015 in accordance with the approved methodology set forth in subsection (2) of this section.
(4) On or before September 30 of every year, Workforce West Virginia, in coordination with the West Virginia University Bureau of Business and Economic Research and the Center for Business and Economic Research at Marshall University, shall determine the prevailing hourly rate of wages for the following year in accordance with the approved methodology set forth in subsection (2) of this section.
(5) On or before September 30, 2018, and in every third year thereafter, Workforce West Virginia shall review the methodology for determining the prevailing hourly rate of wages, as set forth in subsection (2) of this section, with the West Virginia University Bureau of Business and Economic Research and the Center for Business and Economic Research at Marshall University, and present such review and make any recommendations regarding such methodology to the Joint Committee on Government and Finance. The Joint Committee on Government and Finance shall review the methodology being used to determine the prevailing hourly rate of wages and recommend to the Legislature any statutory changes needed to clarify the method for determining prevailing wages.
(6) Any confidential, individual proprietor-level data submitted to Workforce West Virginia, the West Virginia University Bureau of Business and Economic Research or the Marshall University Center for Business and Economic Research for the purpose of determining the prevailing rates may not be used for any purpose other than the calculation of the prevailing wage rates: Provided, That any such data may be available for purposes of the appeals process referenced in section eleven of this article.
§21-5A-6. Contracts to contain provisions relative to minimum wages to be paid; exceptions.
In all cases where any public authority has ascertained a fair minimum rate or rates of wages as herein provided, and construction of a public improvement is let to contract, the contract executed between the public authority and the successful bidder shall contain a provision requiring the successful bidder and all his or her subcontractors to pay a rate or rates of wages which shall not be less than the fair minimum rate or rates of wages as provided by this article: Provided, That the provisions of this article only apply to public improvements in excess of $500,000 in cost.
§21-5A-8. Wage records to be kept by contractor, subcontractor, etc.; contents; open to inspection.
The contractor and each subcontractor or the officer of the public authority in charge of the construction of a public improvement shall keep an accurate record showing the names and occupation of all such skilled laborers, workmen workers and mechanics employed by them, in connection with the construction on the public improvement and showing also the actual wages paid to each of the skilled laborers, workmen workers and mechanics, which record shall be open at all reasonable hours to the inspection of the department of labor Workforce West Virginia and the public authority which let the contract, its officers and agents. It shall not be necessary to preserve such record for a period longer than three years after the termination of the contract.
§21-5A-10. Existing contracts.
This article shall apply only to contracts for construction on public improvements let after the effective date of this article, and to construction on public improvements for which there has been determined, pursuant to section five of this article, the fair minimum wage rates as provided in this article, and such determination has not been appealed from as may be provided by this article.
§21-5A-11. Rulemaking.
(a) The Executive Director of Workforce West Virginia shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article.
(b) Rules promulgated under this section shall, at a minimum:
(1) Establish an appeals process for hearing any objections regarding Workforce West Virginia’s annual determination of the prevailing hourly rate of wages;
(2) Implement any necessary provisions to implement the provisions of this article.
(c) Any legislative rule filed prior to the effective date of this article implementing the provisions of this article is hereby repealed as of July 1, 2015.
§21-5A-12. Provisions of article severable.
Each section of this article, and every part thereof, is hereby declared to be an independent section or part of a section and if any section, subsection, sentence, clause or phrase of this article shall for any reason be held unconstitutional, the validity of the remaining phrases, clauses, sentences, subsections and sections of this article shall not be affected thereby.
Following discussion,
Senator Unger moved that the bill (Com. Sub. for S. B. No. 361) lie over one day, retaining its place on the calendar, with the right to amend on third reading remaining in effect and the amendment offered by Senators Blair, Carmichael, Plymale, Palumbo, Williams, Gaunch, Takubo, Stollings, Prezioso, Kessler, M. Hall and Ferns pending.
Following discussion,
The question being on the adoption of Senator Unger’s aforestated motion, and on this question, Senator Unger demanded the yeas and nays.
The roll being taken, the yeas were: Beach, Facemire, Kessler, Kirkendoll, Laird, Miller, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Unger, Williams, Woelfel and Yost--16.
The nays were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Nohe, Sypolt, Takubo, Trump, Walters and Cole (Mr. President)--18.
Absent: None.
So, a majority of those present and voting not having voted in the affirmative, the President declared Senator Unger’s aforestated motion had not prevailed.
Thereafter, at the request of Senator Carmichael, unanimous consent being granted, further consideration of the bill and the pending amendment offered by Senators Blair, Carmichael, Plymale, Palumbo, Williams, Gaunch, Takubo, Stollings, Prezioso, Kessler, M. Hall and Ferns was deferred until the conclusion of bills on today’s first reading calendar.
Eng. Com. Sub. for Senate Bill No. 430, Permitting mutual orders enjoining certain contact between parties to domestic relations actions.
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. 430 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, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 430) 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, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 430) takes effect from passage.
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. 298, Clarifying funds within Public Employees Retirement Fund.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 299, Clarifying start date of State Police duty-related disability payments.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:
On page five, section nine, line sixty-six, after the word “employment” by adding the words “or as ordered by a court of competent jurisdiction”;
And,
On page eight, section ten, line thirty-one, after the word “employment” by adding the words “or as ordered by a court of competent jurisdiction”.
The bill (S. B. No. 299), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 302, Relating to state retirement plans.
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. 315, Relating to civil actions filed under Consumer Protection Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. House Bill No. 2200, Revising, rearranging, consolidating and recodifying the laws of the State of West Virginia relating to child welfare.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page thirty-nine, section two hundred eight, line twelve, by striking out the words “Department of Public Safety” and inserting in lieu thereof the words “State Police”.
On motion of Senator Trump, the following amendment to the bill (Eng. H. B. No. 2200) was next reported by the Clerk and adopted:
On page three, section one hundred three, line three, by striking out the words “on September 1, 2015” and inserting in lieu thereof the words “ninety days from passage”.
The bill (Eng. H. B. No. 2200), as amended, was then ordered to third reading.
Eng. House Bill No. 2201, Requiring the Public Service Commission to adopt certain net metering and interconnection rules and standards.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 2F. NET METERING OF CUSTOMER-GENERATORS.
§24-2F-8. Net metering and interconnection standards.
(a) "Net metering" means measuring the difference between electricity supplied by an electric utility and electricity generated from a facility owned or leased and operated by a customer generator when any portion of the electricity generated from the facility is used to offset part or all of the electric retail customer's requirements for electricity.
(b) “Customer-generator” means an electric retail customer who owns or leases and operates a customer-sited generation projected utilizing an alternative or renewable energy resource or a net metering system in this state.
(c) “Cross-subsidization”, for purposes of this section, means the practice of charging costs directly incurred by the electric utility in accommodating a net metering system to electric retail customers to electric retails customers who are not customer generators.
(d) “Commission” means the Public Service Commission of West Virginia as constituted pursuant to section three, article one of this chapter.
(e) The commission shall adopt a rule requiring that all electric utilities provide a rebate or discount at fair value, to be determined by the commission, to customer-generators for any electricity generation that is delivered to the utility under a net metering arrangement. The commission shall assure that any net metering tariff does not create a cross-subsidization between customers within one class of service.
(b) (f) The commission shall also consider adopting, by rule, a requirement that all sellers of electricity to retail customers in the state, including rural electric cooperatives, municipally owned electric facilities or utilities serving less than thirty thousand residential electric customers in this state, offer net metering rebates or discounts to customer-generators.
(c) (g) The commission shall institute a general investigation for the purpose of adopting rules pertaining to net metering and the interconnection of eligible electric generating facilities intended to operate in parallel with an electric utility’s system. As part of its investigation, the commission shall take into consideration rules of other states within the applicable region of the regional transmission organization, as that term is defined in 18 C.F.R. §35.34, that manages a utility’s transmission system in any part of this state. Furthermore, the commission shall consider increasing the allowed kilowatt capacity for commercial customer-generators to an amount not to exceed five hundred kilowatts and for industrial customer-generators to an amount not to exceed two megawatts. The commission shall further consider interconnection standards for combined heat and power.
(d) The commission shall promulgate these rules within twelve months of the effective date of this article.
(h) An electric utility shall offer net metering to a customer-generator that generates electricity on the customer-generator side of the meter using alternative or renewable energy sources, on a first-come, first-served basis, based on the date of application for interconnection as provided in the rules promulgated by the commission and pursuant to a standard tariff. An electric utility may offer net metering to customer-generators, on a first-come, first-served basis, so long as the total generation capacity installed by all customer-generators is no greater than three percent (3%) of the electric utility aggregate customer peak demand in the state during the previous year, of which no less than one-half percent (0.5%) is reserved for residential customer-generators.
(i) The commission shall adopt a rule requiring compliance with the Institute of the Electrical and Electronics Engineers (IEEE), and as the same shall be amended, standards at all times, including having a disconnect readily accessible to the utility between the facilities of the customer-generator and the electric utility.
The bill (Eng. H. B. No. 2201), as amended, was then ordered to third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 142, Authorizing Department of Administration promulgate legislative rules.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 378, Relicensing electricians without retesting under certain circumstances.
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.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Carmichael, the Senate recessed until 5 p.m. today.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Carmichael, and by unanimous consent, returned to the tenth order of business.
The end of today’s first reading calendar having been reached, the Senate returned to the consideration of
Com. Sub. for Senate Bill No. 361, Eliminating prevailing hourly wage requirement for construction of public improvements.
On third reading, coming up in deferred order, with the amendment offered by Senators Blair, Carmichael, Plymale, Palumbo, Williams, Gaunch, Takubo, Stollings, Prezioso, Kessler, M. Hall and Ferns to the bill pending (shown in the Senate Journal of today, pages 30 to 38, inclusive) was again reported by the Clerk.
The question being on the adoption of the amendment to the bill.
On motion of Senator Romano, the following amendments to the amendment to the bill were reported by the Clerk and considered simultaneously:
On page three, section three, by striking out the words “all public” and inserting in lieu thereof the words “renovation, maintenance and repair contracts in excess of $150,000 in cost and all other public”;
And,
On page seven, section six, after the words “only apply to” by inserting the words “renovation, maintenance and repair contracts in excess of $150,000 in cost and other”.
The question being on the adoption of Senator Romano’s amendments to the amendment to the bill (Com. Sub. for S. B. No. 361), the same was put and did not prevail.
The question now being on the adoption of the amendment to the bill.
Following discussion,
The question being on the adoption of the amendment offered by Senators Blair, Carmichael, Plymale, Palumbo, Williams, Gaunch, Takubo, Stollings, Prezioso, Kessler, M. Hall and Ferns to the bill, the same was put and prevailed.
Thereafter, at the request of Senator Carmichael, and by unanimous consent, the remarks by Senators Plymale and Kessler regarding the adoption of the amendment offered by Senators Blair, Carmichael, Plymale, Palumbo, Williams, Gaunch, Takubo, Stollings, Prezioso, Kessler, M. Hall and Ferns to Committee Substitute for Senate Bill No. 361 were ordered printed in the Appendix to the Journal.
The bill, as just amended, was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 361 was then read a third time and put upon its passage.
Pending extended discussion,
The question being “Shall Engrossed Committee Substitute for Senate Bill No. 361 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, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Walters, Williams and Cole (Mr. President)--23.
The nays were: Beach, Facemire, Kessler, Kirkendoll, Laird, Miller, Romano, Snyder, Unger, Woelfel and Yost--11.
Absent: None.
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. 361) passed.
On motion of Senator Blair, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 361--A Bill to amend and reenact §21-5A-1, §21-5A-2, §21-5A-3, §21-5A-5, §21-5A-6, §21-5A-8, §21-5A-10 and §21-5A-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §21-5A-12, all relating to the fair minimum rate of wages; defining terms; providing for determination and methodology of determining prevailing hourly wages by Workforce West Virginia; applying fair minimum rate of wages based on monetary threshold; establishing prevailing wages at specific intervals; requiring contract provisions and exceptions; keeping wage records; providing for review of determinations and methodology; addressing data used in determining prevailing wage rates; requiring Workforce West Virginia to propose legislative rules; and providing provisions of article are severable.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Walters, Williams and Cole (Mr. President)--23.
The nays were: Beach, Facemire, Kessler, Kirkendoll, Laird, Miller, Romano, Snyder, Unger, Woelfel and Yost--11.
Absent: None.
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. 361) 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 Yost, and by unanimous consent, the remarks by Senator Facemire regarding the passage of Engrossed Committee Substitute for Senate Bill No. 361 were ordered printed in the Appendix to the Journal.
At the request of Senator Karnes, unanimous consent being granted, the remarks by Senator Nohe regarding the passage of Engrossed Committee Substitute for Senate Bill No. 361 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, February 13, 2015, at 11 a.m.
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