WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

REGULAR SESSION, 2015

FORTY-THIRD DAY

____________

Charleston, W. Va., Wednesday, February 25, 2015

The Senate met at 11 a.m.

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

Prayer was offered by Pastor B. J. Roberts, Kingdom Life Fellowship Church, Nitro, West Virginia.

The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Jack Yost, a senator from the first district.

Pending the reading of the Journal of Tuesday, February 24, 2015,

Senator M. Hall requested unanimous consent that the Journal be approved.

Which consent was not granted, Senator Unger objecting.

On motion of Senator Carmichael, 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 adoption by that body of the committee of conference report, passage as amended by the conference report with its conference amended title, and requested the concurrence of the Senate in the adoption thereof, 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.

Whereupon, Senator Nohe, from the Committee of Conference on matters of disagreement between the two houses, 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,

Submitted the following report, which was received:

Your committee of conference on the disagreeing votes of the two houses as to the amendment of the Senate to Engrossed Committee Substitute for House Bill No. 2025 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:

That both houses recede from their respective positions as to the amendment of the Senate, striking out everything after the enacting clause, and agree to the same as follows:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-8-29; and that §62-12-26 of said code be amended and reenacted, all to read as follows:

CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.

§61-8-29. Criminal loitering by persons on supervised release.

(a) Any person serving a period of supervised release of ten years or more pursuant to the provision of section twenty-six, article twelve, chapter sixty-two of this code who loiters within one thousand feet of the property line of the residence or workplace of a victim of a sexually violent offense for which the person was convicted shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than thirty days.

(b) Any person serving a period of supervised release of ten years or more pursuant to the provisions of section twenty-six, article twelve, chapter sixty-two of this code for an offense where the victim was a minor who loiters within one thousand feet of the property line of a facility or business the principal purpose of which is the education, entertainment or care of minor children, playground, athletic facility or school bus stop shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for a period of not more than thirty days.

(c) A person does not violate the provisions of subsection (a) or (b) of this section unless he or she has previously been asked to leave the proscribed location by an authorized person and thereafter refuses to leave or leaves and thereafter returns to the proscribed location.

(d) As used in this section:

(1) “Authorized person” means:

(A) A law-enforcement officer acting in his or her official capacity;

(B) A security officer employed by a business or facility to protect persons or property acting in his or her employment capacity;

(C) An owner, manager or employee of a facility or business having a principal purpose the caring for, education or entertainment of minors;

(D) A victim or parent, guardian or lawful temporary or permanent custodian thereof;

(E) An employee of a county board of education acting in his or her employment capacity.

(2) “Facility or business, the principal purpose of which is the education, entertainment or care of minor children” means:

(A) A pre-school, primary, intermediate, middle or high school, either public or private;

(B) A child care facility;

(D) An athletic facility used by minors;

(E) A school bus stop.

(3) “Loitering” means to enter or remain on property while having no legitimate purpose or, if a legitimate purpose exists, remaining on that property beyond the time necessary to fulfill that purpose.

(e) Nothing in this section shall be construed to prohibit or limit a person’s presence within one thousand feet of a location or facility referenced in this section if the person is there present for the purposes of supervision, counseling or other activity in which the person is directed to participate as a condition of supervision or where the person has the express permission of his supervising officer to be present.

CHAPTER 62. CRIMINAL PROCEDURE.

ARTICLE 12. PROBATION AND PAROLE.

§62-12-26. Extended supervision for certain sex offenders; sentencing; conditions; supervision provisions; supervision fee.

(a) Notwithstanding any other provision of this code to the contrary, any defendant convicted after the effective date of this section of a violation of section twelve, article eight, chapter sixty-one of this code or a felony violation of the provisions of article eight-b, eight-c or eight-d of said chapter shall, as part of the sentence imposed at final disposition, be required to serve, in addition to any other penalty or condition imposed by the court, a period of supervised release of up to fifty years: Provided, That the period of supervised release imposed by the court pursuant to this section for a defendant convicted after the effective date of this section as amended and reenacted during the first extraordinary session of the Legislature, 2006, of a violation of section three or seven, article eight-b, chapter sixty-one of this code and sentenced pursuant to section nine-a of said article, shall be no less than ten years: Provided, however, That a defendant designated after the effective date of this section as amended and reenacted during the first extraordinary session of the Legislature, 2006, as a sexually violent predator pursuant to the provisions of section two-a, article twelve, chapter fifteen of this code shall be subject, in addition to any other penalty or condition imposed by the court, to supervised release for life: Provided further, That pursuant to the provisions of subsection (g) of this section, a court may modify, terminate or revoke any term of supervised release imposed pursuant to subsection (a) of this section.

(b) Any person required to be on supervised release for a between the minimum term of ten years and life pursuant to the provisos of subsection (a) of this section also shall be further prohibited from:

(1) Establishing a residence or accepting employment within one thousand feet of a school or child care facility or within one thousand feet of the residence of a victim or victims of any sexually violent offenses for which the person was convicted;

(2) Loitering within one thousand feet of a school or child care facility or within one thousand feet of the residence of a victim or victims of any sexually violent offenses for which the person was convicted: Provided, That the imposition of this prohibition shall apply to a defendant convicted after the effective date of this section as amended and reenacted during the regular session of the Legislature, 2015: Provided, however, That as used herein “loitering” means to enter or remain on property while having no legitimate purpose or, if a legitimate purpose exists, remaining on that property beyond the time necessary to fulfill that purpose: Provided further, That nothing in this subdivision shall be construed to prohibit or limit a person’s presence within one thousand feet of a location or facility referenced in this subdivision if the person is present for the purposes of supervision, counseling or other activity in which the person is directed to participate as a condition of supervision or where the person has the express permission of his supervising officer to be present;

(2) (3) Establishing a residence or any other living accommodation in a household in which a child under sixteen resides if the person has been convicted of a sexually violent offense against a child, unless the person is one of the following:

(i) The child’s parent;

(ii) The child’s grandparent; or

(iii) The child’s stepparent and the person was the stepparent of the child prior to being convicted of a sexually violent offense, the person’s parental rights to any children in the home have not been terminated, the child is not a victim of a sexually violent offense perpetrated by the person, and the court determines that the person is not likely to cause harm to the child or children with whom such person will reside: Provided, That nothing in this subsection shall preclude a court from imposing residency or employment restrictions as a condition of supervised release on defendants other than those subject to the provision of this subsection.

(c) The period of supervised release imposed by the provisions of this section shall begin upon the expiration of any period of probation, the expiration of any sentence of incarceration or the expiration of any period of parole supervision imposed or required of the person so convicted, whichever expires later.

(d) Any person sentenced to a period of supervised release pursuant to the provisions of this section shall be supervised by a multijudicial circuit probation officer, if available. Until such time as a multijudicial circuit probation officer is available, the offender shall be supervised by the probation office of the sentencing court or of the circuit in which he or she resides.

(e) A defendant sentenced to a period of supervised release shall be subject to any or all of the conditions applicable to a person placed upon probation pursuant to the provisions of section nine of this article: Provided, That any defendant sentenced to a period of supervised release pursuant to this section shall be required to participate in appropriate offender treatment programs or counseling during the period of supervised release unless the court deems the offender treatment programs or counseling to no longer be appropriate or necessary and makes express findings in support thereof.

Within ninety days of the effective date of this section as amended and reenacted during the first extraordinary session of the Legislature, 2006, the Secretary of the Department of Health and Human Resources shall propose rules and emergency rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code establishing qualifications for sex offender treatment programs and counselors based on accepted treatment protocols among licensed mental health professionals.

(f) The sentencing court may, based upon defendant's ability to pay, impose a supervision fee to offset the cost of supervision. Said fee shall not exceed $50 per month. Said fee may be modified periodically based upon the defendant's ability to pay.

(g) Modification of conditions or revocation. -- The court may:

(1) Terminate a term of supervised release and discharge the defendant released at any time after the expiration of two years of supervised release, pursuant to the provisions of the West Virginia Rules of Criminal Procedure relating to the modification of probation, if it is satisfied that such action is warranted by the conduct of the defendant released and the interests of justice;

(2) Extend a period of supervised release if less than the maximum authorized period was previously imposed or modify, reduce or enlarge the conditions of supervised release, at any time prior to the expiration or termination of the term of supervised release, consistent with the provisions of the West Virginia Rules of Criminal Procedure relating to the modification of probation and the provisions applicable to the initial setting of the terms and conditions of post-release supervision;

(3) Revoke a term of supervised release and require the defendant to serve in prison all or part of the term of supervised release without credit for time previously served on supervised release if the court, pursuant to the West Virginia Rules of Criminal Procedure applicable to revocation of probation, finds by clear and convincing evidence that the defendant violated a condition of supervised release, except that a defendant whose term is revoked under this subdivision may not be required to serve more than the period of supervised release;

(4) Order the defendant to remain at his or her place of residence during nonworking hours and, if the court so directs, to have compliance monitored by telephone or electronic signaling devices, except that an order under this paragraph may be imposed only as an alternative to incarceration.

(h) Written statement of conditions. -- The court shall direct that the probation officer provide the defendant with a written statement at the defendant's sentencing hearing that sets forth all the conditions to which the term of supervised release is subject and that it is sufficiently clear and specific to serve as a guide for the defendant's conduct and for such supervision as is required.

(i) Supervised release following revocation. -- When a term of supervised release is revoked and the defendant is required to serve a term of imprisonment that is less than the maximum term of supervised release authorized under subsection (a) of this section, the court may include a requirement that the defendant be placed on a term of supervised release after imprisonment. The length of such term of supervised release shall not exceed the term of supervised release authorized by this section less any term of imprisonment that was imposed upon revocation of supervised release.

(j) Delayed revocation. -- The power of the court to revoke a term of supervised release for violation of a condition of supervised release and to order the defendant to serve a term of imprisonment and, subject to the limitations in subsection (i) of this section, a further term of supervised release extends beyond the expiration of the term of supervised release for any period necessary for the adjudication of matters arising before its expiration if, before its expiration, a

warrant or summons has been issued on the basis of an allegation of such a violation.;

And,

That both houses recede from their respective positions as to the title of the bill and agree to the same as follows:

Eng. Com. Sub. for House Bill No. 2025--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-29; and to amend and reenact §62-12-26 of said code, all relating to creating the offense of criminal loitering by persons on supervised release; prohibiting loitering by such persons within one thousand feet of a victim’s home, schools and facilities providing care and entertainment for children; defining terms; establishing penalties; and prohibiting certain sex offenders on supervised release from loitering within one thousand feet of a school, child care facility or victim.

Respectfully Submitted,

Patrick Lane, Chair, Dana L. Lynch, Ryan Weld, Conferees on the part of the House of Delegates.

David Nohe, Chair, C. Edward Gaunch, Bob Williams, Conferees on the part of the Senate.

On motions of Senator Nohe, severally made, the report of the committee of conference was taken up for immediate consideration and adopted.

Engrossed Committee Substitute for House Bill No. 2025, as amended by the conference report, was then put upon its passage.

On the passage of the bill, as amended, 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 H. B. No. 2025) passed with its conference 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. 2234, Requiring a court to permit a party in a divorce proceeding to resume using the name he or she used prior to the marriage.

On motion of Senator Trump, the message on the bill was taken up for immediate consideration.

On further motion of Senator Trump, the Senate acceded to the request of the House of Delegates and receded from its amendments to the bill.

Engrossed Committee Substitute for House Bill No. 2234, as amended by deletion, 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 present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2234) passed with its 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 the passage by that body and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. House Bill No. 2457--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5c, relating to prohibiting the use of the name or likeness of a public official on publicly-owned vehicles; prohibiting a public official from placing his or her name or likeness on trinkets paid for with public funds; prohibiting a public official from using public funds to distribute certain advertising materials bearing his or her name or likeness; prohibiting a public official from using public funds or public employees for entertainment purposes within forty-five days of a primary, general, or special election in which the public official is a candidate; defining terms; making exceptions; and permitting the Ethics Commission to promulgate rules.

At the request of Senator Carmichael, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 2493--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-4l; to amend said code by adding thereto a new section, designated §33-16-3x; to amend said code by adding thereto a new section, designated §33-24-7m; to amend said code by adding thereto a new section, designated §33-25-8j; and to amend said code by adding thereto a new section, designated §33-25A-8l, all relating to anti-cancer medications; providing accident and sickness insurance cover anti-cancer medications; providing direct health care services that cover anti-cancer medications; prohibiting certain copayments, deductibles or coinsurance for orally administered anti-cancer medications; prohibiting certain acts to comply with the requirements; defining terms; providing an effective date; and allowing cost containment measures.

Referred to the Committee on Health and Human Resources.

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. 2615--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §32-5-501, §32-5-502, §32-5-503, §32-5-504, §32-5-505 and §32-5-506, all relating to creating the West Virginia Small Business Capital Act; exempting the offer and sale of certain securities from the Uniform Securities Act; and applying to exempt issuers the Uniform Securities Act’s misleading filing provisions, its criminal penalty provisions, its civil liability provisions and its fraud provisions.

Referred 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. Com. Sub. for House Bill No. 2648--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 and §16-46-5, all relating to availability and use of epinephrine auto-injectors; providing definitions; providing for legislative rules; providing for training; providing prescriptive authority to health care practitioners in certain circumstances; providing authority to pharmacists to dispense epinephrine auto-injectors in certain circumstances; providing for the storage and emergency use of epinephrine auto-injectors; providing that in certain circumstances the use of epinephrine auto-injectors is not the practice of medicine; providing that in certain circumstances one authorized to prescribe, possess or train regarding epinephrine auto-injectors are not liable for civil damages; and further providing that certain individuals who administer an epinephrine auto-injector to a person is immune form liability for civil action unless the act or omission was grossly negligent or willful misconduct.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 2662--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-8a-1; §30-8a-2; §30-8a-3; §30-8a-4 and §30-8a-5, all relating to the practice of optometry; defining certain terms; providing that contact lenses require a prescription that must be performed by a licensee; providing that spectacles require a prescription that must be performed by a licensee; requiring certain actions to be taken with regard to prescriptions; prohibiting the dissemination of contact lenses without a prescription from a licensee; prohibiting the dissemination of spectacles without a prescription from a licensee; providing the board to enforce this article; allowing the board to promulgate rules; and providing criminal penalties.

Referred to the Committee on Health and Human Resources.

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. 2733--A Bill to amend and reenact §60A-2-208 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-9-3, §60A-9-4, §60A-9-4a and §60A-9-5 of said code; and to amend and reenact §60A-10-16 of said code, all relating to removing certain combinations of drugs containing hydrocodone from Schedule III of the controlled substances law; updating the controlled substances monitoring law and extending the expiration date of provisions relating to the Multi-/State Real-Time Tracking System.

Referred to the Committee on Health and Human Resources.

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. 2879--A Bill to amend and reenact §12-1-5 of the Code of West Virginia, 1931, as amended, relating to certain limitations on amount of state funds on deposit in any depository; and requiring that the amount of state funds on deposit in excess of the amount insured by an agency of the federal government be secured by certain securities in an amount of at least one hundred two percent of the amount on deposit.

Referred to the Committee on Banking and Insurance.

Executive Communications

The Clerk then presented a communication from His Excellency, the Governor, advising that on February 24, 2015, he had approved Enr. Committee Substitute for Senate Bill No. 7.

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 25th 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. 389), Relating to Board of Registration for Professional Engineers license renewals and reinstatements.

Respectfully submitted,

Mark R. Maynard,

Chair, Senate Committee.

John B. McCuskey,

Chair, House Committee.

Senator Maynard, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

(Com. Sub. for S. B. No. 13), Reinstating open and obvious doctrine for premises liability.

And,

(S. B. No. 262), Transferring CHIP and Children's Health Insurance Agency from Department of Administration to DHHR.

Respectfully submitted,

Mark R. Maynard,

Chair, Senate Committee.

Steve Westfall,

Vice Chair, House Committee.

Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Com. Sub. for Senate Bill No. 248, Requiring certain insurance and owner information be provided following car accident.

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

Respectfully submitted,

Charles S. Trump IV,

Chair.

Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Com. Sub. for Senate Bill No. 278 (originating in the Committee on Natural Resources), Relating to lawful and unlawful methods of hunting.

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

Com. Sub. for Com. Sub. for Senate Bill No. 278 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §20-2-5, §20-2-5g, §20-2-22a and §20-2-42w of the Code of West Virginia, 1931, as amended, all relating to lawful and unlawful methods of hunting and fishing; prohibiting hunting with night vision technology, drone or other unmanned aircraft; clarifying when a person may carry certain firearms; permitting a person to carry a gun for self defense while in the woods; permitting hunting with crossbows with certain limitations; clarifying bear laws and Class Y permits; and making certain technical corrections.

With the recommendation that the committee substitute for committee substitute do pass.

Respectfully submitted,

Charles S. Trump IV,

Chair.

Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration

Senate Bill No. 336, Relating to powers and duties of Health Care Authority.

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

Com. Sub. for Senate Bill No. 336 (originating in the Committee on Government Organization)--A Bill to amend§16-29B-19 of the Code of West Virginia, 1931, as amended, relating generally to powers and duties of Health Care Authority; and eliminating authority of the Health Care Authority to apply penalties or penalties held in abeyance to any future rate applications filed with the authority.

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,

Craig Blair,

Chair.

The bill (Com. Sub. for S. B. No. 336), 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. 423, Amending Aboveground Storage Tank Act.

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

Com. Sub. for Senate Bill No. 423 (originating in the Committee on the Judiciary)--A Bill to repeal §22-31-3, §22-31-4, §22-31-5, §22-31-6, §22-31-7, §22-31-8, §22-31-9, §22-31-10, §22-31-11 and §22-31-12 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated, §16-1-9f; to amend and reenact §22-30-2, §22-30-3, §22-30-4, §22-30-5, §22-30-6, §22-30-7, §22-30-8, §22-30-9, §22-30-10, §22-30-11, §22-30-12, §22-30-13, §22-30-14, §22-30-15, §22-30-16, §22-30-17, §22-30-18, §22-30-19, §22-30-21, §22-30-22, §22-30-24 and §22-30-25 of said code; to amend said code by adding thereto a new section, designated §22-30-26; and to amend and reenact §22-31-2 of said code, all relating to protection of water resources and public health generally; amending the Aboveground Storage Tank Act; defining terms; requiring secretary to compile inventory of aboveground storage tanks in the state; requiring registration; authorizing certain fees; authorizing the Secretary of the Department of Environmental Protection to propose emergency and legislative rules; creating alternative regulatory program to allow permitted and otherwise regulated entities to compel permits and plans to accomplish tank and secondary containment standards under existing programs; requiring secretary to develop regulatory program for tanks; creating a zone of peripheral concern for some; creating certain exemptions to regulation; providing factors to be considered in a program; requiring inspection and certification of tanks; requiring evidence of financial responsibility; requiring corrective action and plans; requiring spill prevention response plans; requiring notice of type and quantity of fluids stored in tanks to local water utilities and governments; requiring posting of signs at or near tanks; creating an administrative fund; creating Protect Our Water Fund; authorizing public access to certain information; authorizing inspections, monitoring and testing by secretary; authorizing secretary to issue administrative orders and seek injunctive relief; providing for civil and criminal penalties; allowing appeals to Environmental Quality Board; prohibiting duplicative enforcement; requiring interagency coordination; establishing duties of secretary upon imminent and substantial danger; providing additional duties and powers of secretary generally; providing for waiver of certain requirements; authorizing secretary to require individual NPDES permits; authorizing Secretary of the Department of Health and Human Resources to inventory potential sources of significant contamination; membership of study commission; scope of study; and establishing reporting requirements.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Charles S. Trump IV,

Chair.

Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration

Senate Bill No. 520, Creating Local Energy Efficiency Partnership Act.

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.

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

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. 38 (originating in the Committee on the Judiciary)--Requesting the United States Environmental Protection Agency transfer the State of West Virginia from Environmental Protection Agency Region III to Environmental Protection Agency Region IV.

Whereas, The United States Environmental Protection Agency (EPA) is a federal agency charged with enforcing numerous federal statutes, including, but not limited to, the Clean Water Act and the Clean Air Act; and

Whereas, The EPA organized the agency into 10 geographic regional offices and corresponding regional administrators; and

Whereas, Regional administrators are granted authority to, among other things, conduct effective regional enforcement and compliance programs and exercise approval authority for proposed state standards and implementation plans; and

Whereas, West Virginia is included in the EPA Regional Office designated as “Region III”, the regional headquarters of which is located in Philadelphia, Pennsylvania, and which region also includes the states of Delaware, Maryland, Pennsylvania, Virginia and the District of Columbia; and

Whereas, Pursuant to 40 C. F. R. 1.7, the EPA has designated a Regional Office, “Region IV”, the regional headquarters of which is located in Atlanta, Georgia, which region includes the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee; and

Whereas, The coal industry is an industry of great economic importance to the State of West Virginia; and

Whereas, The EPA’s interpretation and enforcement of the Clean Air Act and Clean Water Act, as administered by the regional administrator for Region III, particularly during recent years, has had a substantial negative impact on West Virginia’s coal industry and, therefore, a negative impact on West Virginia’s economy; and

Whereas, Taking into consideration: (1) That the EPA presumably organizes its administration into regions such that, in administering the various federal laws under its purview, it can take into account, among other things, the similar demographic and economic characteristics of the states in each region when implementing regulatory and enforcement policies for each region; (2) that the demographic and economic characteristics of West Virginia, and particularly the southern coal producing regions of West Virginia, align much more with the demographic and economic characteristics of the states in EPA Region IV in contrast to the states in EPA Region III; (3) that Kentucky, the third largest coal-producing state in the United States, is in Region IV, while West Virginia, the second largest coal-producing state in the United States, is in Region III; and (4) that the primary industry that the EPA regulates in West Virginia is the coal industry, it would be appropriate that West Virginia be transferred from EPA Region III to EPA Region IV; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the United States Environmental Protection Agency transfer the State of West Virginia from Environmental Protection Agency Region III to Environmental Protection Agency Region IV; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to Gina McCarthy, Administrator of the United States Environmental Protection Agency and to each member of West Virginia’s congressional delegation.

And reports the same back with the recommendation that it be adopted.

Respectfully submitted,

Charles S. Trump IV,

Chair.

Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration

Eng. Com. Sub. for House Bill No. 2099, Extending the time of meetings of local levying bodies when meetings are delayed

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

Respectfully submitted,

Craig Blair,

Chair.

Senator Leonhardt, from the Committee on Military, submitted the following report, which was received:

Your Committee on Military has had under consideration

Eng. House Bill No. 2224, Providing that historical reenactors are not violating the provision prohibiting unlawful military organizations.

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,

Kent Leonhardt,

Chair.

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

The Senate proceeded to the sixth order of business.

Senators Carmichael, M. Hall, Nohe, Plymale and Stollings offered the following resolution:

Senate Concurrent Resolution No. 39--Requesting the Joint Committee on Government and Finance study how Cedar Lakes Camp and Conference Center and its facilities are currently being used and how they may best be utilized in the future, including possible transfer from the West Virginia Board of Education to a private, nonstock, not-for-profit corporation.

Whereas, Over the decades, Cedar Lakes has fulfilled this purpose and has become an integral part of the local economy and the Jackson County community; and

Whereas, The Legislature recognizes the economic and social value of Cedar Lakes and that its continued viability depends on it becoming an independent, self-sustaining entity; and

Whereas, The Legislature desires to review and study on how Cedar Lakes Camp and Conference Center may best fulfill its purpose of developing competent leadership, developing character, training for useful citizenship, fostering patriotism and of providing and encouraging the development of organized recreational activities for Future Farmers of America, Future Homemakers of America members, and other youth and adult groups; and

Whereas, A private, not-for-profit structure may be the best means of assuring prudent financial management and, in turn, fulfilling the purposes of Cedar Lakes and serving the local economy, the Jackson County community and the state; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance study how Cedar Lakes Camp and Conference Center and its facilities are currently being used and how they may best be utilized in the future, including possible transfer to a private, nonstock, not-for-profit corporation; 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 M. Hall and Stollings offered the following resolution:

Senate Concurrent Resolution No. 40--Requesting the Division of Highways name the bridge in Putnam County, bridge number 40-35-9.68(40A157) northbound and bridge number 40-35-9.68(40A158) southbound, on Route 35 crossing over 5 and 20 Creek Road, 1.17 miles north of CR 19, the "U. S. Army Sgt. Deforest Lee Talbert Memorial Bridge".

Whereas, Sgt. Deforest Lee Talbert was born January 24, 1982, in Alexandria, Virginia, the son of Gloria Nesbitt and Benjamin Dickens. He graduated from T. C. Williams High School. He moved to West Virginia to attend West Virginia State University where he majored in communications. He enlisted in the West Virginia Army National Guard at Dunbar, West Virginia, and was assigned to Bravo Company 1/150 AR in 2001; and

Whereas, Sgt. Deforest Lee Talbert was mobilized as part of Operation Iraqi Freedom on October 1, 2003, and was reassigned to Charlie Company 1/150 AR. His company was deployed to the Iraqi Theater of Operations along with the 1-150th Armor Battalion and the 30th Brigade Team on February 29, 2004. He served as an assistant gunner with the First Platoon, Charlie 12 gun truck. While patrolling on the evening of July 27, 2004, Sgt. Talbert’s convoy was the target of an enemy attack using an improvised explosive device. Three of his fellow soldiers were injured, but Sgt. Talbert absorbed the brunt of the explosion and was instantly killed. Sgt. Deforest Lee Talbert received the Army Service Ribbon, the Sharpshooter Marksmanship Badge (Pistol), the Expert Marksmanship Badge (Grenade), SSI/FWS for the 30th Brigade Combat Team and the 1st Infantry Division and, posthumously, a Purple Heart and a Bronze Star with V Device; and

Whereas, Sgt. Deforest Lee Talbert made the ultimate sacrifice for his country and in doing so represented West Virginia and his country with the highest levels of honor and courage and his sacrifice should not go unnoticed. Naming this bridge in Putnam County for him is an appropriate recognition of his ultimate sacrifice for state and country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the bridge in Putnam County, bridge number 40-35-9.68(40A157) northbound and bridge number 40-35-9.68(40A158) southbound, on Route 35 crossing over 5 and 20 Creek Road, 1.17 miles north of CR 19, the "U. S. Army Sgt. Deforest Lee Talbert Memorial Bridge"; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "U. S. Army Sgt. Deforest Lee Talbert Memorial Bridge"; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the surviving family members of Sgt. Deforest Lee Talbert: Mother, Gloria Nesbitt; father, Benjamin Dickens; sisters, Tawanna Talbert-Loving, Latasha Marble and Chiquita Talbert; brother, James Talbert; and his devoted friend, Frances Hamlet.

Which, under the rules, lies over one day.

Senators Blair, Trump and Stollings offered the following resolution:

Senate Concurrent Resolution No. 41--Requesting the Division of Highways name bridge number 2-9-4.81 (2A022) on Route 9 over Back Creek in Berkeley County the "W. C. Honaker and Clyde Spies Memorial Bridge".

Whereas, Tomahawk's Ruritan Club members W. C. Honaker and Clyde Spies circulated a petition among the fine folks of Back Creek Valley, Cherry Run and Hedgesville over twenty-five years ago to have the bridge spanning Back Creek replaced as it posed a hazard to worried travelers, including public school students from Berkeley and Morgan counties; and

Whereas, After W. C. Honaker and Clyde Spies brought the unsafe bridge to the attention of then Delegates Patrick Murphy and Vicki Douglas, the Honorable Gaston Caperton, then Governor, approved the construction of a new bridge; and

Whereas, W. C. Honaker and Clyde Spies were honored for their noble efforts by being the first individuals to cross the newly replaced bridge at its grand opening; and

Whereas, W. C. Honaker and Clyde Spies lived a few more years and passed on to Heaven's embrace as both were fine and honored Christian men, loved by many and missed by all; and

Whereas, On May 20, 2014, the Berkeley County Association of Retired School Employees passed a resolution urging the Legislature to name the bridge for W. C. Honaker and Clyde Spies; and

Whereas, It is only fitting and proper that W. C. Honaker and Clyde Spies and their good deeds for family, schools and the community be recognized and remembered; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 2-9-4.81 (2A022) on Route 9 over Back Creek in Berkeley County the "W. C. Honaker and Clyde Spies Memorial Bridge"; 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 bridge identifying it as the "W. C. Honaker and Clyde Spies Memorial 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, to the families of W. C. Honaker and Clyde Spies, to Patrick Murphy and to the Berkeley County Association of Retired School Employees.

Which, under the rules, lies over one day.

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

Senate Resolution No. 44--Recognizing the contributions of West Virginia women who served their nation as “Rosie the Riveters” during World War II.

Whereas, During World War II, with most of America’s men serving in the armed forces on battlefields around the globe, millions of women around the nation rallied to the call to help keep our nation’s industrial productivity operational; and

Whereas, These women, officially called “Women Ordinance Workers”, filled the industrial void to produce such products as airplanes, ships and vehicles; and

Whereas, Women Ordinance Workers worked on assembly lines in our nation’s industries as riveters, welders and machinists served as health care and laboratory personnel, and also as record keepers, writers and bookkeepers; and

Whereas, The Women Ordinance Workers, later nicknamed “Rosie the Riveters”, were dedicated, patriotic women who were performing many tasks considered as men’s work as their husbands, brothers and sons served in the armed forces and battled the enemy on foreign soil; and

Whereas, Many women from West Virginia are documented to have worked not only in their home state, but were deployed to other parts of the nation; and

Whereas, As these women rallied to the call of a nation at war, they did so at a great personal sacrifice, many leaving their children with family members at a time when communications around the nation were limited; and

Whereas, While popular songs and movies have immortalized their actions, they remain unrecognized heroes for their efforts in helping to gain victory and maintain freedom around the world; and

Whereas, Many communities in West Virginia welcomed these women and are beginning to recognize their efforts. The city of St. Albans has been the first to designate their community as a “Rosie the Riveters Community” in tribute to the service of Women Ordinance Workers; therefore, be it

Resolved by the Senate:

That the Senate hereby recognizes the contributions of West Virginia women who served their nation as “Rosie the Riveters” during World War II.; and, be it

Further Resolved, That the Senate extends its sincere appreciation to all West Virginia women who unselfishly served their nation by keeping the nation’s industrial production lines functioning during World War II; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of “Rosie the Riveters”.

At the request of Senator Walters, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.

The question being on the adoption of the resolution, and on this question, Senator Walters demanded the yeas and nays.

The roll being taken, 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 resolution (S. R. No. 44) adopted.

Thereafter, at the request of Senator Carmichael, and by unanimous consent, the remarks by Senators Walters and Leonhardt regarding the adoption of Senate Resolution No. 44 were ordered printed in the Appendix to the Journal.

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 Ferns, Boley, Carmichael, Snyder, Unger, D. Hall, Yost, Leonhardt, Stollings, Beach and Williams offered the following resolution:

Senate Resolution No. 45--Designating Wednesday, February 25, 2015, as West Virginia Nurses Unity Day.

Whereas, One in forty-three West Virginians is a nurse; and

Whereas, Nurses make a significant contribution of time, energy, heart and care toward the healing of our residents who are ill and suffering; and

Whereas, Nurses are powerful advocates for the health and well-being of all West Virginians, providing education, screening, nursing intervention, evaluation and research to improve the health of West Virginia residents throughout the life span from pre-birth to the end of life; and

Whereas, Nurses meet the health needs of West Virginians not only in hospitals and long-term care facilities, but conveniently in their homes, at school, at work, at church, in community health centers, on the phone and on the internet; and

Whereas, The Institute of Medicine recognizes nurses as key to solving our current rising cost of chronic illness through their expanding leadership as coordinators and collaborators of interdisciplinary health care teams; and

Whereas, The expanding roles of Advanced Practice Registered Nurses as Nurse Anesthetists, Nurse Midwives and Certified Nurse Practitioners in a variety of specialties provide improved cost-effective access to health services in our rural state; and

Whereas, The American public has voted to acknowledge nurses as the “Most Trusted Professional” for twelve years; therefore, be it

Resolved by the Senate:

That the Senate hereby designates Wednesday, February 25, 2015, as West Virginia Nurses Unity Day; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of West Virginia Nurses Unity Day.

At the request of Senator Ferns, 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 D. Hall, and by unanimous consent, returned to the second order of business and the introduction of guests.

The Senate again proceeded to the sixth order of business.

Petitions

Senator Gaunch presented a petition from Justin Williams and numerous West Virginia residents, opposing Senate Bill No. 337 (Creating workplace freedom act), Engrossed Committee Substitute for Senate Bill No. 361 (Eliminating prevailing hourly wage requirement for construction of public improvements) and Committee Substitute for Senate Bill No. 14 (Creating Public Charter Schools Act of 2015).

Referred to the Committee on the Judiciary.

The Senate proceeded to the seventh order of business.

Senate Concurrent Resolution No. 6, Requesting DOH name bridge in Raleigh County "John Thomas Scott II Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.

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

Com. Sub. for Senate Concurrent Resolution No. 14, Requesting DOH erect signs in Marion County designated "Home of Francis H. Pierpont, Father of West Virginia and Governor of Restored Virginia".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.

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

Com. Sub. for Senate Concurrent Resolution No. 18, Requesting DOH name bridge in Wetzel County "U. S. Army COL William L. Glover Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.

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

Com. Sub. for Senate Concurrent Resolution No. 19, Requesting DOH name stretch of road in Wayne County "Darrell W. Sanders Memorial Highway".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, the same was put and prevailed.

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

Senator Carmichael announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from the Senate third reading calendar, Engrossed Committee Substitute for Senate Bill No. 456; and from the Senate second reading calendar, Engrossed House Bill No. 2213.

Following a point of inquiry to the President, with resultant response thereto,

The Senate proceeded to the eighth order of business.

Eng. Senate Bill No. 24, Prohibiting public officials and employees from using public funds for self promotion.

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

On motion of Senator Carmichael, the bill was recommitted to the Committee on the Judiciary.

Eng. Com. Sub. for Com. Sub. for Senate Bill No. 88, Creating WV Clearance for Access: Registry and Employment Screening Act.

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

Senator Beach requested that the bill be read fully and distinctly.

The question being “Shall Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 88 pass?”

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. 88) passed with its title.

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

Com. Sub. for Com. Sub. for Senate Bill No. 109, Relating to local indoor smoking prohibitions.

On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 24, 2015, for amendments to be received on third reading, was reported by the Clerk.

On motion of Senator Stollings the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:

On page thirteen, section eleven, line ten, after the word “health” by changing the period to a comma and inserting the following: as long as the area where smoking is permitted is restricted to persons age 18 years or older: Provided, That each entrance to the facility shall have posted a sign of no less than eighteen inches by twenty-four inches, which says “DANGER: THIS PREMISES CONTAINS TOBACCO SMOKE.;

On page fifteen, section sixteen, line six, by striking out the word “and”;

On page fifteen, section sixteen, line eight, after the word “area”, by changing the period to a semicolon and inserting the word “and”;

And,

On page fifteen, section sixteen, after line eight, by inserting a new subdivision, designated subdivision (5), to read as follows:

(5) Each entrance to the facility shall have posted a sign of no less than eighteen inches by twenty-four inches, which says “DANGER: THIS PREMISES CONTAINS TOBACCO SMOKE”.

On motion of Senator Stollings, the following amendments to the bill (Com. Sub. for Com. Sub. for S. B. No. 109) were next reported by the Clerk and considered simultaneously:

On page thirteen, section eleven, line ten, after the word “health.”, by adding the following: Any veterans’ organization that chooses to permit smoking under the provisions of this subsection shall ensure that at least seventy-three percent of all indoor space be designated as smoke free and that smoking be prohibited in those areas.;

And,

On page fifteen, section sixteen, line seven, by striking out the word “ten” and inserting in lieu thereof the word “seventy-three”.

The question being on the adoption of the amendments offered by Senator Stollings to the bill, the same was put and did not prevail.

On motion of Senator Stollings, the following amendment to the bill (Com. Sub. for Com. Sub. for S. B. No. 109) was next reported by the Clerk and adopted:

On page sixteen, section sixteen, line six, after the word “exemption” by inserting a comma and the words “only after a public hearing on the proposed exemption is held,”.

On motion of Senator Stollings, the following amendment to the bill (Com. Sub. for Com. Sub. for S. B. No. 109) was next reported by the Clerk:

On page fifteen, section sixteen, line thirteen, after the words “to the local board of health” by inserting the words “and paying an application fee equal to two dollars per square foot of the area for which the exemption is sought”.

The question being on the adoption of the amendment offered by Senator Stollings to the bill, the same was put and did not prevail.

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

Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 109 was then read a third time and put upon its passage.

Pending extended discussion,

The question being "Shall Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 109 pass?"

On the passage of the bill, the yeas were: Blair, Boley, Carmichael, Facemire, Ferns, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Nohe, Romano, Snyder, Sypolt, Trump, Williams, Yost and Cole (Mr. President)--22.

The nays were: Beach, Boso, Gaunch, Mullins, Palumbo, Plymale, Prezioso, Stollings, Takubo, Unger, Walters and Woelfel--12.

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. 109) 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. 140, Amending State Administrative Procedures Act.

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

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. 140) 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. 140) takes effect from passage.

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

Eng. Com. Sub. for Senate Bill No. 199, Authorizing miscellaneous agencies and boards promulgate legislative rules.

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

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. 199) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

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. 199) takes effect from passage.

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

Eng. Com. Sub. for Com. Sub. for Senate Bill No. 273, Relating to brewer, resident brewer and brewpub licensing and operations.

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, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--32.

The nays were: Romano and Snyder--2.

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. 273) 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. 304, Relating to farmers markets.

On third reading, coming up in regular order, was read a third time.

Pending discussion,

Senator Facemire requested unanimous consent that the bill lie over one day, retaining its place on the calendar.

Which consent was not granted, Senator Williams objecting.

The question now being "Shall Engrossed Senate Bill No. 304 pass?"

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: Facemire--1.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 304) passed with its title.

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

Senator Kessler requested unanimous consent that the remarks by Senators Facemire, Trump and Blair regarding the passage of Engrossed Senate Bill No. 304 be ordered printed in the Appendix to the Journal.

Which consent was not granted, Senator D. Hall objecting.

On motion of Senator Carmichael, the Senate recessed until 2 p.m.

Upon expiration of the recess, the Senate reconvened.

At the request of Senator Plymale, and by unanimous consent, Senator Plymale addressed the Senate.

The Senate then stood in observance of a moment of silence in recognition of the passing of Mike Perry, a community leader in Huntington, West Virginia.

Thereafter, at the request of Senator Romano, and by unanimous consent, the remarks by Senator Plymale were ordered printed in the Appendix to the Journal.

The Senate then resumed consideration of its third reading calendar, the next bill coming up in numerical sequence being

Eng. Com. Sub. for Senate Bill No. 351, Relating to charitable organization contribution levels requiring independent audit reports.

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

Senator Beach requested that the bill be read fully and distinctly.

The question being “Shall Engrossed Committee Substitute for Senate Bill No. 351 pass?”

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. 351) 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. 353, Designating State Police Superintendent administrator and enforcer of motor vehicle inspection program.

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

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. 353) 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. 360, Repealing code sections relating to book indexes and claims reports required by court clerks.

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

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. S. B. No. 360) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

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. S. B. No. 360) takes effect from passage.

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

Eng. Com. Sub. for Senate Bill No. 373, Allowing wireless communication image serve as proof of motor vehicle insurance.

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

On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--32.

The nays were: Miller and Sypolt--2.

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. 373) passed with its title.

On motion of Senator Carmichael, the Senate reconsidered the vote by which it immediately hereinbefore passed

Eng. Com. Sub. for Senate Bill No. 373, Allowing wireless communication image serve as proof of motor vehicle insurance.

The vote thereon having been reconsidered,

The question again being 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. 373) 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. 399, Relating to hospitals owned or operated by nonprofit corporations or associations or local governmental units.

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

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. S. B. No. 399) 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. 403, Increasing period during which motor vehicle lien is valid.

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

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. S. B. No. 403) 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. 418, Relating to trustee real estate sale under deed of trust.

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

Senator Trump moved to be excused from voting on any matter pertaining to the bill under rule number forty-three of the Rules of the Senate, which motion prevailed.

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

The nays were: Kessler and Romano--2.

Absent: None.

Excused from voting: Trump--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. 418) 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. 456, Relating to letters of merit in medical professional liability actions.

Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken.

Eng. Senate Bill No. 463, Making supplementary appropriation to DHHR, DHS, Health Care Provider Tax, Medicaid State Share Fund.

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

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. S. B. No. 463) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

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. S. B. No. 463) takes effect from passage.

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

Eng. Senate Bill No. 466, Making supplementary appropriation of federal funds to Department of Commerce.

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

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. S. B. No. 466) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

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. S. B. No. 466) takes effect from passage.

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

Eng. Senate Bill No. 467, Making supplementary appropriation of federal funds to Department of Agriculture, State Conservation Committee.

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

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. S. B. No. 467) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

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. S. B. No. 467) takes effect from passage.

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

Eng. Senate Bill No. 469, Making supplementary appropriation of federal funds to DEP, Division of Environmental Protection.

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

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. S. B. No. 469) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

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. S. B. No. 469) takes effect from passage.

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

Eng. Senate Bill No. 471, Making supplementary appropriation of federal funds to DHHR, Human Rights Commission, and DHHR, DHS.

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

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. S. B. No. 471) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

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. S. B. No. 471) takes effect from passage.

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

Eng. Senate Bill No. 472, Making supplementary appropriation to DOT, DMV, Motor Vehicle Fees Fund.

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

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. S. B. No. 472) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

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. S. B. No. 472) takes effect from passage.

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

Eng. Senate Bill No. 473, Making supplementary appropriation of federal funds to DMAPS, WV State Police.

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

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. S. B. No. 473) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

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. S. B. No. 473) takes effect from passage.

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

Eng. Senate Bill No. 475, Making supplementary appropriation to DMAPS, Division of Corrections, Parolee Supervision Fees, and WV State Police, Motor Vehicle Inspection Fund.

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

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. S. B. No. 475) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

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. S. B. No. 475) takes effect from passage.

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

Eng. Senate Bill No. 476, Making supplementary appropriation to Department of Administration, Division of Purchasing, Purchasing Improvement Fund.

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

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. S. B. No. 476) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

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. S. B. No. 476) takes effect from passage.

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

Eng. Senate Bill No. 477, Supplementing, amending, decreasing and increasing appropriation from State Road Fund to DOH.

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

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. S. B. No. 477) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

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. S. B. No. 477) takes effect from passage.

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

Eng. Senate Bill No. 484, Relating to procedure for removal of certain county, school district and municipal officers.

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. 484 pass?"

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. S. B. No. 484) passed.

The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:

Eng. Senate Bill No. 484--A Bill to amend and reenact §6-6-7 of the Code of West Virginia, 1931, as amended, relating to removal of certain public officials; changing the threshold for the number of petitioners required to prefer charges against officeholders whose removal is sought; permitting the designation of a voters’ representative in certain instances; clarifying the provisions of a petition for removal; and providing for procedural rules in removal actions

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

Eng. Senate Bill No. 489, Imposing statute of limitations on civil actions derived from surveying of real property.

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, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Prezioso, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--27.

The nays were: Facemire, Kessler, Miller, Palumbo, Plymale, Romano and Unger--7.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 489) passed.

The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:

Eng. Senate Bill No. 489--A Bill amend and reenact §55-2-6a of the Code of West Virginia, 1931, as amended, relating to extending certain existing limits on the filing of civil actions to those actions arising from the actual surveying of real property.

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

Eng. Senate Bill No. 498, Clarifying tax map rules apply to paper and electronic documents.

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

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. S. B. No. 498) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

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. S. B. No. 498) takes effect from passage.

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

Eng. Senate Bill No. 507, Relating to monitoring inmates' electronic communications.

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

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. S. B. No. 507) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

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. S. B. No. 507) takes effect from passage.

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

Eng. Senate Bill No. 508, Reorganizing Hatfield-McCoy Regional Recreation Authority.

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

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. S. B. No. 508) 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. 523, Creating Alcohol and Drug Overdose Prevention and Clemency Act.

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

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. 523) passed with its title.

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

Eng. House Bill No. 2212, Changing the amount of severance tax revenue annually dedicated to the West Virginia Infrastructure General Obligation Debt Service Fund.

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

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. H. B. No. 2212) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

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. H. B. No. 2212) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

Eng. Com. Sub. for House Bill No. 2568, The Pain-Capable Unborn Child Protection Act.

On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 24, 2015, for amendments to be received on third reading, was reported by the Clerk.

On motion of Senator Palumbo, the following amendments to the bill were reported by the Clerk and considered simultaneously:

On page three, section one, line five, by striking out the word “twenty” and inserting in lieu thereof the word “twenty-two”;

On page four, section one, lines twenty through thirty, by striking out all of subdivision (6);

And by renumbering the remaining subdivisions;

On page seven, section two, line thirty-three, by striking out the word “twenty-two” and inserting in lieu thereof the words “the point that the fetus reaches viability, which is currently associated with approximately twenty-four”;

And,

On page seven, section two, line thirty-six, by striking out the word “twenty” and inserting in lieu thereof the word “twenty-two”.

Following discussion,

The question being on the adoption of Senator Palumbo’s amendments to the bill, and on this question, Senator Karnes demanded the yeas and nays.

To which demand, Senator Beach objected.

Thereafter, the demand for a roll call by Senator Karnes was sustained.

The roll being taken, the yeas were: Facemire, Miller, Palumbo, Romano, Snyder and Stollings--6.

The nays were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Plymale, Prezioso, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--28.

Absent: None.

So, a majority of those present and voting not having voted in the affirmative, the President declared Senator Palumbo’s amendments to the bill rejected.

On motion of Senator Snyder, the following amendment to the bill (Eng. Com. Sub. for H. B. No. 2568) was next reported by the Clerk:

On page nine, section four, line eighteen, after the word “function”, by changing the period to a colon and inserting the following proviso: Provided, That it is not a violation of this subsection to perform an abortion where the pregnancy is the result of rape or incest.

Senator Romano then moved that Senator Snyder’s amendment to the bill be tabled.

Following points of inquiry to the President, with resultant responses thereto,

The question being on the adoption of Senator Romano’s aforestated motion, the same was put and did not prevail.

The question now being on the adoption of Senator Snyder’s amendment to the bill, the same was put and did not prevail.

There being no further amendments offered,

Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2568) was then read a third time and put upon its passage.

Pending discussion,

Senator Plymale moved the previous question, which motion prevailed.

The previous question having been ordered, that being on the passage of Engrossed Committee Substitute for House Bill No. 2568.

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, Mullins, Nohe, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--29.

The nays were: Facemire, Miller, Palumbo, Romano and Snyder--5.

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 H. B. No. 2568) passed.

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

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 discipline from the applicable licensure board for that conduct, including, but not limited to, loss of professional 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; clarifying that no penalty may be assessed against a patient; and making provisions severable.

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

Eng. House Bill No. 2669, Relating to compulsory tuberculosis testing.

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

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. H. B. No. 2669) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

The Senate proceeded to the ninth order of business.

Com. Sub. for Senate Bill No. 14, Creating Public Charter Schools Act of 2015.

On second reading, coming up in regular order, was read a second time.

Senator Kessler moved that consideration of the bill be postponed indefinitely, and on this question, Senator Kessler 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 Kessler’s aforestated motion had not prevailed.

Thereafter, at the request of Senator Carmichael, and by unanimous consent, the bill (Com Sub. for S. B. No. 14) was advanced to third reading with the right for amendments to be considered on that reading.

Eng. House Bill No. 2213, Reducing the distributions to the West Virginia Infrastructure Fund.

Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.

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. 63, Redefining facilities eligible for funding assistance from Courthouse Facilities Improvement Authority.

Com. Sub. for Senate Bill No. 291, Clarifying power of Attorney General to contract for outside legal services.

Com. Sub. for Senate Bill No. 347, Creating Firearms Act of 2015.

Com. Sub. for Senate Bill No. 377, Limiting civil liability of pharmaceutical manufacturers or sellers providing warning to learned intermediary.

Com. Sub. for Senate Bill No. 393, Reforming juvenile justice system.

Com. Sub. for Senate Bill No. 409, Establishing Fair and Open Competition in Governmental Construction Act.

Com. Sub. for Senate Bill No. 411, Creating Asbestos Bankruptcy Trust Claims Transparency Act and Asbestos and Silica Claims Priorities Act.

Com. Sub. for Senate Bill No. 413, Relating to commercial pesticide control licensing requirements.

Com. Sub. for Senate Bill No. 416, Relating to hotel occupancy tax.

Senate Bill No. 434, Relating to horse racing.

Com. Sub. for Senate Bill No. 486, Authorizing special license plates for Civil Air Patrol vehicles.

Senate Bill No. 518, Permitting county and municipal economic development authorities invest certain funds.

Senate Bill No. 532, Relating to civil liability immunity for clinical practice plans and medical and dental school personnel.

Com. Sub. for Senate Bill No. 537, Changing mandatory school instructional time from days to minutes.

Senate Bill No. 559, Relating to social work licensing exemptions.

Eng. House Bill No. 2523, Creating a special revenue account to offset costs for the West Virginia State Police 100th Anniversary in 2019.

And,

Eng. House Bill No. 2576, Creating new code sections which separate the executive departments.

At the request of Senator Carmichael, and by unanimous consent, the Senate returned to the fourth order of business.

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

Your Committee on Finance has had under consideration

Com. Sub. for Senate Bill No. 94, Establishing driver's license restoration program.

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

Respectfully submitted,

Mike Hall,

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. 502, Relating to eligibility for certain reclamation or remediation tax credit.

And has amended same.

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

Respectfully submitted,

Mike Hall,

Chair.

Pending announcement of meetings of standing committees of the Senate,

On motion of Senator Carmichael, the Senate adjourned until tomorrow, Thursday, February 26, 2015, at 11 a.m.

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