WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
FORTY-FOURTH DAY
____________
Charleston, W. Va., Thursday, February 26, 2015
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by Pastor Mike Harper, North Hills Baptist Church, Charleston, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Robert D. Beach, a senator from the thirteenth district.
Appalachian Children’s Chorus, Charleston, West Virginia, proceeded in the singing of “West Virginia Hills”, “Take Me Home, Country Roads” and “My Home Among the Hills”, accompanied by Olga Young on the piano.
Pending the reading of the Journal of Wednesday, February 25, 2015,
On motion of Senator Sypolt, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Clerk presented a communication from the Court of Claims, submitting its Crime Victims Compensation Fund report as required by chapter fourteen, article two-a, section twenty-one of the Code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 238, Limiting certain county board of education liability arising from unorganized recreation.
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. 2240--A Bill to amend and reenact §61-2-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8B-1 and §61-8B-3 of said code, all relating to crimes against the person; providing that strangling is an aggravated felony offense; defining strangling; providing that a sexual offense by strangling is an aggravated felony offense; and providing criminal penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2283--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Environmental Protection; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements for operating permits; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the awarding of WV Stream Partners Program Grants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the hazardous waste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the WV/NPDES rule for coal mining facilities; and, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to waste management.
Referred to the Committee on the Judiciary.
A message from the Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, with its Senate amended title, to take effect from passage, and requested the concurrence of the Senate in the changed effective date, as to
Eng. Com. Sub. for House Bill No. 2568, The Pain-Capable Unborn Child Protection Act.
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. 2627--A Bill to amend and reenact §61-3-29 of the Code of West Virginia, 1931, as amended, relating to prohibiting damage to property of railroads, public utilities and certain production storage and distribution facilities; adding waste management facilities, storage facilities and timber operations to the protected parties; prohibiting destruction, damage or removal of property resulting in impairment to the normal, safe operation of those facilities; and providing criminal penalties.
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. House Bill No. 2628--A Bill to amend and reenact §3-5-7 of the Code of West Virginia, 1931, as amended, relating to filing announcements of candidacies; and changing the date of announcement to the first Monday after January 1.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2674--A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931, as amended, relating to making home schooled students eligible for a PROMISE scholarship without taking the GED test.
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. 2778--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-17B-1, §17-17B-2, §17-17B-3, §17-17B-4 and §17-17B-5, all relating to transportation funding; authorizing West Virginia Division of Highways to enter into cooperative agreements with United States Secretary of Transportation to establish infrastructure revolving funds; creating the State Transportation Infrastructure Fund Program; creating State Transportation Infrastructure Fund; and permitting Commissioner of the Division of Highways to propose rules for legislative approval.
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. House Bill No. 2820--A Bill to amend and reenact §38-2-21 and §38-2-34 of the Code of West Virginia, 1931, as amended, all relating to affirmative defenses against mechanics' liens; and providing that property owners of single family dwellings or residences are not entitled to affirmative defenses to mechanics' liens if notice is timely given of the liability for unpaid bills for work performed of materials supplied.
Referred to the Committee on the Judiciary.
Executive Communications
The Clerk then presented communications from His Excellency, the Governor, advising that on February 25, 2015, he had approved Enr. Committee Substitute for Senate Bill No. 237, Enr. Senate Bill No. 262, Enr. Committee Substitute for House Bill No. 2008, Enr. House Bill No. 2114, Enr. House Bill No. 2115 and Enr. House Bill No. 2274.
Senator Cole (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
February 24, 2015
The Honorable William P. Cole III
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Cole:
Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 335.
This bill was introduced at my request, and I support it wholeheartedly. However, the bill's final version contains three technical issues I believe the Legislature should repair. First and foremost, the bill’s definition of “opioid overdose prevention and treatment training program” references the wrong state government agency. See §16-46-2, page 3, lines 31-34. The Office of Emergency Medical Services should be referenced on page 3, line 33, rather than the separate and independent Office of Emergency Services.
Second, the bill’s §16-46-4(a)(1) references a training program to be established, as “required by subsection (b), section six of this article;”. See §16-46-4(a)(1), page 5, lines 6-8. Although the separate §16-46-6(b) authorizes the Office of Emergency Medical Services to establish training programs through legislative rulemaking, the authorization is explicitly limited to implementing the provisions of section six. See §16-46-6, page 8, lines 48-56. The authorization needs to apply more broadly to the entire article. Accordingly, the word “section” should be revised to read “article” on page 8, line 48.
Third, the deadline “by March 1” in the bill’s §16-46-6(a)(3) is imprecise without additional language indicating whether it is an annual or one-time deadline. See page 7, line 43. This deadline could be amended to include the “and annually thereafter” or the “of each calendar year” language found elsewhere in section six. See e.g., §16-46-6, page 6, line 1 and page 7, lines 28-29.
I urge the Legislature to amend these technical issues and to return the bill to my desk. I look forward to signing this important piece of legislation.
Sincerely,
Earl Ray Tomblin,
Governor.
cc: The Honorable Tim Armstead
The Honorable Natalie E. Tennant
Senator Carmichael moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate proceed to reconsider
Enr. Com. Sub. for Senate Bill No. 335, Creating Access to Opioid Antagonists Act.
Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
The question being on the adoption of Senator Carmichael’s motion that the Senate reconsider Enrolled Committee Substitute for Senate Bill No. 335, the same was put and prevailed.
On motion of Senator Ferns, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page three, section two, line thirty-three, after the word “Emergency” by inserting the word “Medical”;
On page seven, section six, line forty-three, after the words “March 1” by inserting the words “and annually thereafter”;
And,
On page eight, section six, line forty-eight, by striking out the word “section” and inserting in lieu thereof the word “article”.
The question now being on the passage of the bill, disapproved by the Governor and amended by the Senate.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. Com. Sub. for S. B. No. 335) passed with its title, as amended, as a result of the objections of the Governor.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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 bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for H. B. No. 2004), Providing a procedure for the development of a state plan under section 111(d) of the Clean Air Act.
(Com. Sub. for H. B. No. 2008), Auditing the Division of Highways.
(H. B. No. 2114), Updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act.
(H. B. No. 2115), Updating the meaning of the term "federal taxable income" and certain other terms used in the West Virginia Corporation Net Income Tax Act.
And,
(H. B. No. 2274), Authorizing the Commissioner of Corrections to enter into mutual aid agreements.
Respectfully submitted,
Mark R. Maynard,
Chair, Senate Committee.
John B. McCuskey,
Chair, House Committee.
Senator Karnes, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 17, Regulating unlicensed off-road motorcycles within Hatfield-McCoy Recreation Area.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 17 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §17F-1-1 and §17F-1-9 of the Code of West Virginia, 1931, as amended, all relating to regulation of all-terrain vehicles; permitting all-terrain vehicles to drive as far to the right as possible when there is little or no shoulder; and defining off-road motorcycles.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Robert Karnes,
Chair.
At the request of Senator Blair, as chair of the Committee on Government Organization, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Natural Resources.
Senator Gaunch, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 254, Relating to Fire, EMS and Law-Enforcement Officer Survivor Benefit Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 254 (originating in the Committee on Pensions)--A Bill to amend and reenact §5H-1-1 and §5H-1-2 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Fire, EMS and Law-Enforcement Officer Survivor Benefit Act; clarifying process for payment of survivor benefit; defining terms; limiting eligibility for survivor benefit to beneficiaries designated in writing by applicable public safety officer; clarifying circumstances for eligibility of survivor benefit; transferring responsibility for determination of eligibility for survivor benefit from Governor’s Office to Department of Military Affairs and Public Safety, Office of the Secretary; setting forth required information for certified request for survivor benefit; requiring fire, emergency medical service and law-enforcement programs to provide notice of survivor benefit and obtain written designations of beneficiaries from eligible public safety officers; requiring Department of Military Affairs and Public Safety, Office of the Secretary, to prepare a form for written designation of beneficiary; providing exclusions for availability of survivor benefit; providing that payments for survivor benefit be made from general revenue; and authorizing the Department of Military Affairs and Public Safety, Office of the Secretary, to propose rules for legislative approval.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
C. Edward Gaunch,
Chair.
The bill (Com. Sub. for S. B. No. 254), under the original double committee reference, was then referred to the Committee on Finance.
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. 332, Relating to administrative fees for Tax Division, Department of Revenue.
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
Com. Sub. for Senate Bill No. 342, Clarifying scope, application and requirements for error corrections by CPRB.
Senate Bill No. 481, Relating to municipal policemen's and firemen's pension and relief funds' investment.
Senate Bill No. 514, Relating to investments of local policemen's and firemen's pension and relief funds.
Senate Bill No. 515, Allowing Municipal Pensions Oversight Board invest funds with Investment Management Board or Board of Treasury Investments.
And,
Senate Bill No. 530, Extending income tax exemption for retirees receiving pensions from certain defined pension plans.
And reports the same back with the recommendation that they each 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
Com. Sub. for Senate Bill No. 455 (originating in the Committee on Education), Relating to public higher education procurement and payment of expenses.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 455 (originating in the Committee on Finance)--A Bill to amend and reenact §12-3A-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-5-4, §18B-5-6 and §18B-5-7 of said code; and to amend said code by adding thereto a new section, designated §18B-5-4a, all relating to public higher education procurement and payment generally; receipting of electronic commerce purchases; purchase or acquisition of materials, supplies, equipment, services and printing at institutions of higher education; construction projects at Marshall University and West Virginia University; design-build procurement at institutions of higher education; and disposition of obsolete and unusable equipment, surplus supplies and other needed materials at institutions of higher education.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Mike Hall,
Chair.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 510, Amending Uniform Interstate Family Support Act.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 545, Removing certain prior bank overdraft approval by director or executive officer.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Mike Hall,
Chair.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 548, Changing procedure for filling U. S. Senator vacancies.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 548 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-10-1, §3-10-3 and §3-10-4 of the Code of West Virginia, 1931, as amended, all relating to filling of vacancies in elected offices; requiring Governor to call a special election in the event of a vacancy in the office of United States Senator except in certain instances; providing for nominees to be appointed by state executive parties; requiring Governor to fill vacancy in United States Senator by appointment; and allowing appointee to serve until successor is elected and certified to fill the unexpired term
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 574 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §60-3A-17 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-4-3 and §60-4-3a of said code, all relating to sales of liquor by distilleries and mini-distilleries.
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
Senate Bill No. 575 (originating in the Committee on the Judiciary)--A Bill to repeal §30-18-1, §30-18-2, §30-18-3, §30-18-4, §30-18-5, §30-18-6, §30-18-7, §30-18-8, §30-18-9, §30-18-10, §30-18-11, §30-18-12 and §30-18-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-8, §15-14-9, §15-14-10, §15-14-11, §15-14-12 and §15-14-13, all relating to licensure of private investigative and security services; transferring private investigative and security services from Secretary of State to West Virginia State Police; providing for funds collected for application fees be deposited in a nonappropriated special revenue account; and expanding authority of the State Police to conduct criminal background checks.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Trump, unanimous consent being granted, the bill (S. B. No. 575) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration.
On motion of Senator Trump, the bill was referred to the Committee on Finance.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2726, Clarifying choice of laws issues in product's liability actions.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Charles S. Trump IV,
Chair.
The Senate proceeded to the sixth order of business.
Senators Laird, Miller, Carmichael and Stollings offered the following resolution:
Senate Concurrent Resolution No. 42--Requesting the Division of Highways name bridge number 10-77-63.83 (10A222), on I-77 near mile marker 63, 2.31 miles south of the Mahan exit in Fayette County, the "Tygrett Brothers Seven Veterans Bridge".
Whereas, Charles R. Tygrett, John D. Tygrett, Harold M. Tygrett, Paul A. Tygrett, R. G. Tygrett, Tommy E. Tygrett and Reginald D. Tygrett are the seven sons of Marion A. and June O. Tygrett. The seven Tygrett brothers served in the armed forces during World War II and the Korean War; and
Whereas, The seven brothers' primary units and areas of service included: CPL Charles R. Tygrett, WWII, 302 AAF, Algeria, French Morocco and Tunisia; CPL John D. Tygrett, WWII, U. S. Army Medical Det.; PFC Harold M. Tygrett, WWII, U. S. Army 577th Ambulance Co., Normandy, Northern France, Ardennes; SSGT Paul A. Tygrett, WWII, 47th Armored Artillery, Northern France, Ardennes, Rhineland; PFC R. G. Tygrett, WWII, 127th Anti-Aircraft Battalion, Ardennes, Central Europe; PFC Tommy E. Tygrett, U. S. Army 21st AFA and 1st Infantry (Big Red One), Germany; and SSGT Reginald D. Tygrett, Korean War, U. S. Air Force, 19th Supply Squadron; and
Whereas, At a Veterans Day Ceremony on November 9, 2001, American Legion Post 149 of Fayetteville, West Virginia, honored the seven brothers for their selfless service and commitment to the United States military and a grateful nation; and
Whereas, It is only fitting and proper that CPL Charles R. Tygrett, CPL John D. Tygrett, PFC Harold M. Tygrett, SSGT Paul A. Tygrett, PFC R. G. Tygrett, PFC Tommy E. Tygrett and SSGT Reginald D. Tygrett be remembered and acknowledged for their dedicated service on behalf of their country, state and communities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 10-77-63.83 (10A222), on I-77 near mile marker 63, 2.31 miles south of the Mahan exit in Fayette County, the "Tygrett Brothers Seven Veterans 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 "Tygrett Brothers Seven Veterans 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 Tommy Tygrett, the sole surviving Tygrett brother, and to the families of the remaining Tygrett brothers.
Which, under the rules, lies over one day.
Senators Boso and Stollings offered the following resolution:
Senate Concurrent Resolution No. 43--Requesting the Division of Highways name the bridge carrying County Route 13 over Hominy Creek in Nicholas County, bridge number 34-13-11.85 (34A017), latitude 38.14543, longitude -80.71810, the "U. S. Army SPC Richard Nesselrotte Bridge".
Whereas, U. S. Army Specialist Richard Nesselrotte served in the Vietnam War as a Specialist Four and Squad Leader with Company B, 2nd Battalion, 8th Infantry, 4th Infantry Division; and
Whereas, US Army Specialist Richard Nesselrotte was awarded the Silver Star Medal for his bravery on February 4, 1968, when he led his squad in a dismounted assault against an entrenched North Vietnamese Army Company. On that day, Specialist Nesselrotte continuously exposed himself to enemy fire, which he countered with his M-60 machine gun, grenaded several enemy positions, and led three of his men across the enemy's front to bring a heavy volume of effective fire against the insurgents. As a result of Specialist Nesselrotte's brave actions, the enemy was ultimately routed and defeated; and
Whereas, It is only fitting that an appropriate landmark be named to honor U. .S Army Specialist Richard Nesselrotte's outstanding courage and exemplary devotion to duty in defending his country; therefore, be it
Resolved by the West Virginia Legislature:
That the Division of Highways is hereby requested to name the bridge carrying County Route 13 over Hominy Creek in Nicholas County, bridge number 34-13-11.85 (34A017), latitude 38.14543, longitude -80.71810, the "U. S. Army SPC Richard Nesselrotte 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 SPC Richard Nesselrotte 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 to U. S. Army SPC Richard Nesselrotte.
Which, under the rules, lies over one day.
Senators Boso and Stollings offered the following resolution:
Senate Concurrent Resolution No. 44--Requesting the Division of Highways name the bridge on U. S. Route 219 crossing Files Creek, bridge number 42-219-33.10 (42A137) 38.83753, -79.87568, near Beverly, Randolph County, the "U. S. Navy PO2 Robert Paul Laderach Memorial Bridge".
Whereas, Robert Paul Laderach was born May 8, 1917, in Beverly, Randolph County, the son of Ernest and Mary Agnes Adams Laderach. His family lived on a farm on Dotson Run and he was educated in Beverly, attending Beverly High School. He joined the Navy in October 1937. Robert was serving on board the U.S.S. Arizona in Hawaii on December 7, 1941, when that ship was attacked and sunk without provocation by the Japanese Navy on the "Date that Shall Live in Infamy". Robert and five other West Virginians were killed that day and he and 102 of his shipmates are still entombed and are on 'Eternal Patrol' in the U. S. S. Arizona in Pearl Harbor. He received the posthumous awards of Purple Heart, WW II Victory Award Ribbon Bar, Asiatic Pacific Medal and Campaign Medal and USS Arizona BB-39 Pearl Harbor Patch. Robert was survived by his parents and sisters Anna Pauline Laderach and Margaret Virginia Laderach; and
Whereas, Naming the bridge on U. S. Route 219 crossing Files Creek, bridge number 42-219-33.10 (42A137) 38.83753, -79.87568, near Beverly in Randolph County, the "U. S. Navy PO2 Robert Paul Laderach Memorial Bridge" is an appropriate recognition of his ultimate sacrifice to his country, state, community and Randolph County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge on U. S. Route 219 crossing Files Creek, bridge number 42-219-33.10 (42A137) 38.83753, -79.87568, near Beverly, Randolph County, the "U. S. Navy PO2 Robert Paul Laderach Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "U. S. Navy PO2 Robert Paul Laderach 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 relatives of Robert Paul Laderach.
Which, under the rules, lies over one day.
Senators Carmichael and Stollings offered the following resolution:
Senate Concurrent Resolution No. 45--Requesting the Division of Highways name bridge number 18-68-0.44 (18A006) Lat/Long 38.94633, -81.76020, locally known as Ravenswood Town BR, carrying WV 68 over Sandy Creek near Ravenswood, Jackson County, the "James P. Spano, Jr. Memorial Bridge".
Whereas, James P. Spano, Jr was born May 13, 1929, in Chattaroy, Mingo County. His parents were James Spano, Sr. and Mica Panzera Spano. He was one of eight siblings. He grew up in Chattaroy and was a star athlete and star basketball player for Chattaroy High School where he was the leading scorer at point guard. His basketball skills allowed him to earn a scholarship to Morris Harvey College in Charleston, West Virginia, being the only member of his family to attend college. Jim was encouraged by the late Eddie King to go out for football. He did and ended up playing all four years under the basketball scholarship that he had earned. Jim was a four-year letterman, starter and was noted as a superior blocker. Jim also started at nose guard, the position for which he was known best. He played in three bowl games while at Morris Harvey College, most notably the Tangerine Bowl in Orlando Florida. He was captain of the team his senior season in 1950 when the team was 11-0. He studied history and physical education while at Morris Harvey College. After college Jim joined the Navy and continued to play football and became a coach for the Naval Training Camp team. In 1951, Jim married Mary Winter from Fairplain, West Virginia. He was hired as head coach of the Ravenswood High School football and basketball teams in 1954. He also coached the baseball team, started the little league baseball program and the summer basketball league and wrote the Ravenswood High School fight song that is still used today. In 1957 he led Ravenswood High School to its first ever state championship, beating Rupert High School. Jim also coached the Little Kanawha Conference bowl game three times. In 1959 Jim led Ravenswood High School to its second state championship; and
Whereas, Students who played for him remember Jim as a supreme motivator, getting the best out of each player. Jim Spano was a community service mentor as he started all of the youth programs, worked with the community and was instrumental in getting the current Ravenswood High School built. On June 27, 1962, James Spano died of a massive heart attack at the young age of 33 after coaching summer basketball games. He left the small community in shock and is still revered today 53 years after his passing. Jim left two sons, James P. Spano III and Joseph H. Spano, Sr., who carried on his rich football tradition. Coach Spano was inducted into the Mid-Ohio Valley Hall of Fame in 2002; and
Whereas, Naming bridge number 18-68-0.44 (18A006) Lat/Long 38.94633, -81.76020, locally known as Ravenswood Town BR, carrying WV 68 over Sandy Creek near Ravenswood Jackson County, the "James P. Spano, Jr. Memorial Bridge" is an appropriate recognition of his contributions to his country, state, community and Jackson County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 18-68-0.44 (18A006) Lat/Long 38.94633, -81.76020, locally known as Ravenswood Town BR, carrying WV 68 over Sandy Creek near Ravenswood, Jackson County, the "James P. Spano, Jr. Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "James P. Spano, Jr. 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 relatives of James P. Spano, Jr.
Which, under the rules, lies over one day.
Senators D. Hall and Stollings offered the following resolution:
Senate Concurrent Resolution No. 46--Requesting the Division of Highways name bridge, known as Artie Bridge Number 2, 37 degrees 55' 58.13" N. 81 degrees 21' 36.75" W, located in Artie, Raleigh County, the "U. S. Army PFC Shelby Dean Stover Memorial Bridge".
Whereas, Shelby Dean Stover was born on July 15, 1948, in Ameagle, West Virginia. He served West Virginia and his country as an infantryman in the U. S. Army. He was killed in Vietnam by enemy forces on September 23, 1969, the only member of his community to die in action; and
Whereas, Shelby Dean Stover represented the best of his community, being a friend to others, a good athlete and most of all willing to serve his country without hesitation; and
Whereas, It is fitting to honor Shelby Dean Stover for his commitment, dedication and service to his country and to his state, having given the ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge, known as Artie Bridge
Number 2, 37 degrees 55' 58.13" N. 81 degrees 21' 36.75" W, located in Artie, Raleigh County, the "U. S. Army PFC Shelby Dean Stover 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 PFC Shelby Dean Stover 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, Dennis Williams and the family of U. S. Army Private First Class Shelby Dean Stover.
Which, under the rules, lies over one day.
Senators Kessler, Prezioso, Williams, Yost, Stollings and Plymale offered the following resolution:
Senate Resolution No. 46--Reaffirming the Senate of West Virginia’s commitment to the strong and deepening relationship between Taiwan and West Virginia.
Whereas, Taiwan and United States are long-standing friends with a shared historical relationship and dearly cherished values of freedom, democracy and human rights; and
Whereas, August 4, 2015, will mark the thirty-fifth anniversary of the sister state relationship between West Virginia and Taiwan; and
Whereas, For the past thirty-five years, the sister state relationship with Taiwan has been strengthened, through the efforts of the Taipei Economic and Cultural Representative Office (TECRO) resulting in better mutual understanding; and
Whereas, In 2014, West Virginia exported more than $41 million to Taiwan, making it our twenty-sixth largest export market in the world. Taiwan is not only a friendly sister state of West Virginia but also a key trading partner; and
Whereas, Bilateral trade between the United States and Taiwan reached $63 billion in 2014, making Taiwan the United States’ twelfth largest trading partner in the world. The United States is Taiwan’s third largest trading partner; and
Whereas, By working together with Taiwan, West Virginia welcomes all opportunities for an even closer economic partnership, such as the signing of a US-Taiwan Bilateral Investment Agreement and a Free Trade Agreement in order to enhance the special sister state bond between West Virginia and Taiwan and to encourage further cultural, educational and business exchanges between our citizens; and
Whereas, The United States and eleven other countries are negotiating the Trans-Pacific Partnership (TPP), a twenty-first century trade agreement which will boost all members economic growth; Taiwan’s inclusion in the TPP will further strengthen bilateral economic relations and enhance the welfare of the United States and benefit all TPP partners; and
Whereas, Taiwan is an active member in the international community with a long history of commitment to international health and humanitarian aid; Taiwan’s meaningful participation in the World Health Organization (WHO) will benefit the other countries in the world; and
Whereas, The Taoyuan International Airport is a key air transport hub in the Asia-Pacific region, ranked the world’s fifteenth largest by cargo volume in 2013, and more than four hundred eleven thousand Americans traveled to Taiwan in 2013, Taiwan’s meaningful participation in the International Civil Aviation Organization (ICAO) will enhance the safety and services of the air transportation in the world; therefore, be it
Resolved by the Senate:
That the Senate hereby reaffirms West Virginia’s commitment to the strong and deepening relationship between Taiwan and West Virginia; and, be it
Further Resolved, That the Senate reaffirms the sister state relationship between the state of West Virginia and Taiwan, strengthening bilateral trade relations and affirms to support Taiwan’s meaningful participation in the World Health Organization and the International Civil Aviation Organization; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Dr. Lyushun Shen, the Representative of the Taipei Economic and Cultural Representative Office in the United States.
At the request of Senator Kessler, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Carmichael, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Petitions
Senator Sypolt presented a petition from Wanda Lea Moore and ten West Virginia residents, supporting Senate Bill No. 35 (Permitting carrying of concealed weapons without license).
Referred to the Committee on Government Organization.
Senator Sypolt presented a petition from William Wade Wright 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. 38, Requesting transfer of WV from EPA Region III to EPA Region IV.
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.
Senate Concurrent Resolution No. 39, Requesting Joint Committee on Government and Finance study Cedar Lakes Camp and Conference Center.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 40, Requesting DOH name bridge in Putnam County "U. S. Army Sgt. Deforest Lee Talbert Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 41, Requesting DOH name bridge in Berkeley County "W. C. Honaker and Clyde Spies Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Com. Sub. for Senate Bill No. 14, Creating Public Charter Schools Act of 2015.
On third reading, coming up in regular order, with the right having been granted on yesterday, Wednesday, February 25, 2015, for amendments to be received on third reading, was reported by the Clerk.
At the request of Senator Sypolt, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar, and with the right for amendments to be considered on third reading remaining in effect.
The Senate proceeded to the ninth order of business.
Senate Bill No. 63, Redefining facilities eligible for funding assistance from Courthouse Facilities Improvement Authority.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 291, Clarifying power of Attorney General to contract for outside legal services.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 347, Creating Firearms Act of 2015.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Trump, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Com. Sub. for Senate Bill No. 377, Limiting civil liability of pharmaceutical manufacturers or sellers providing warning to learned intermediary.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 393, Reforming juvenile justice system.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 409, Establishing Fair and Open Competition in Governmental Construction Act.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Carmichael, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Com. Sub. for Senate Bill No. 411, Creating Asbestos Bankruptcy Trust Claims Transparency Act and Asbestos and Silica Claims Priorities Act.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Trump, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Com. Sub. for Senate Bill No. 413, Relating to commercial pesticide control licensing requirements.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 416, Relating to hotel occupancy tax.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 434, Relating to horse racing.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page five, section twelve-b, line six, by striking out “$1,250,000” and inserting in lieu thereof “$1,250”.
The bill (S. B. No. 434), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 486, Authorizing special license plates for Civil Air Patrol vehicles.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 518, Permitting county and municipal economic development authorities invest certain funds.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 532, Relating to civil liability immunity for clinical practice plans and medical and dental school personnel.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 537, Changing mandatory school instructional time from days to minutes.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 559, Relating to social work licensing exemptions.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Carmichael, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Eng. Com. Sub. for House Bill No. 2457, Prohibiting the use of the name or likeness of elected or appointed officials on publicly-owned vehicles.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2523, Creating a special revenue account to offset costs for the West Virginia State Police 100th Anniversary in 2019.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2576, Creating new code sections which separate the executive departments.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Blair, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 94, Establishing driver's license restoration program.
Com. Sub. for Senate Bill No. 248, Requiring certain insurance and owner information be provided following car accident.
Com. Sub. for Com. Sub. for Senate Bill No. 278, Relating to lawful and unlawful methods of hunting.
Com. Sub. for Senate Bill No. 423, Amending Aboveground Storage Tank Act.
Senate Bill No. 502, Relating to eligibility for certain reclamation or remediation tax credit.
And,
Eng. Com. Sub. for House Bill No. 2099, Extending the time of meetings of local levying bodies when meetings are delayed.
At the request of Senator Kessler, unanimous consent being granted, Senator Kessler addressed the Senate regarding House Bill No. 2881 (West Virginia Intrastate Commerce Improvement Act).
Thereafter, at the request of Senator Carmichael, and by unanimous consent, the remarks by Senator Kessler were ordered printed in the Appendix to the Journal.
At the request of Senator Miller, unanimous consent being granted, Senator Miller addressed the Senate regarding the importance of the arts community.
At the request of Senator Snyder, and by unanimous consent, Senator Snyder addressed the Senate regarding casino permits in border counties.
At the request of Senator Kirkendoll, unanimous consent being granted, Senator Kirkendoll addressed the Senate regarding Man High School’s baseball team winning the 2014 Class A Championship.
Thereafter, at the request of Senator Kessler, and by unanimous consent, the remarks by Senators Miller, Snyder and Kirkendoll were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
On motion of Senator Carmichael, the Senate recess until 5 p.m. today.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Carmichael, and by unanimous consent, returned to the fourth order of business.
Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 122, Adopting federal definition for disabled veterans' preference in civil service hiring and state contract vendor bidding.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Craig Blair,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (S. B. No. 122) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
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. 404, Requiring routine audits of major information technology projects.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 404 (originating in the Committee on Government Organization)--A Bill to amend and reenact §5A-6-4c of the Code of West Virginia, 1931, as amended, relating to audits of certain government contracts; requiring Chief Technology Officer to ensure routine audits are made of all major information technology projects approved; requiring change orders be supported by certain documentation; requiring a post-audit review be conducted on certain major information technology projects; requiring certain contract terms for major information technology projects with a cost in excess of $1 million; and requiring amounts not paid under a retainage agreement or collected under a performance bond be returned to the agency or agencies paying for the project or deposited in the state’s general revenue account.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Craig Blair,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 404) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, 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 Bill No. 454, Criminalizing trademark counterfeiting.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (S. B. No. 454) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 488, Reestablishing and modifying Broadband Deployment Council.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 488 (originating in the Committee on Government Organization)--A Bill to repeal §31-15C-10, §31-15C-11 and §31-15C-14 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31-15C-2, §31-15C-3, §31-15C-4, §31-15C-5, §31-15C-7 and §31-15C-9 of said code, all relating to modifying Broadband Deployment Council.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Craig Blair,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 488) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Walters, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 499, Creating Tourist-Oriented Directional Signs Program.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Chris Walters,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (S. B. No. 499) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Government Organization.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 503, Permitting sheriff hire outside attorneys for tax collection assistance.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (S. B. No. 503) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 576 (originating in the Committee on Government Organization)--A Bill to amend and reenact §24-2-1 of the Code of West Virginia, 1931, as amended, relating to internet protocol-enabled service and voice over internet protocol-enabled service; prohibiting Public Service Commission jurisdiction of internet protocol-enabled service and voice over internet protocol-enabled service; and limiting Public Service Commission jurisdiction of certain telephone company transactions.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Craig Blair,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (S. B. No. 576) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Carmichael, the Senate adjourned until tomorrow, Friday, February 27, 2015, at 11 a.m.
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