WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

REGULAR SESSION, 2015

FORTY-SIXTH DAY

____________

Charleston, W. Va., Saturday, February 28, 2015

The Senate met at 10 a.m.

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

Prayer was offered by the Honorable Gregory L. Boso, a senator from the eleventh district.

The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Charles S. Trump IV, a senator from the fifteenth district.

Pending the reading of the Journal of Friday, February 27, 2015,

On motion of Senator Kessler, the Journal was approved and the further reading thereof dispensed with.

The Senate proceeded to the third order of business.

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

Eng. House Bill No. 2161--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5 and §15-14-6; to amend and reenact §62-1D-8 and §61-2-17 of said code; to amend said code by adding thereto two new sections, designated §61-2-17a and §61-2-17b, all relating to adopting the Uniform Act on Prevention of and Remedies for Human Trafficking; providing legislative findings; setting forth definitions; creating a Commission on the Prevention of Human Trafficking; requiring public posting of hotline information in certain locations; making services available to victims of human trafficking; providing victims immunity from criminal prosecution for certain crimes directly resulting from human trafficking; changing the definition of human trafficking; expanding criminal remedies and enforcement tools; and allowing victims to expunge conviction for certain crimes directly resulting from human trafficking.

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

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

Eng. House Bill No. 2780--A Bill to amend and reenact §18B-4-5 of the Code of West Virginia, 1931, as amended, and to amend and reenact §30-29-8 of said code, all relating to enhancing the ability of campus police officers at state institutions of higher education to perform their duties; authorizing certain higher education campus police officers to receive compensation for attending law-enforcement training academies; authorizing governing boards to apply for certain funds available to law-enforcement agencies; authorizing governing boards to compensate campus police officers for attending law-enforcement training academies; and providing for agreements to reimburse employers for wages and expenses of employees trained but not continuing employment.

Referred to the Committee on Education.

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

Eng. House Bill No. 2884--A Bill to amend and reenact §18B-1D-9 of the Code of West Virginia, 1931, as amended, relating to modifying training and development requirement for certain members of Higher Education Policy Commission, council for community and technical college education and institutional governing boards.

Referred to the Committee on Education.

Executive Communications

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 27, 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 Senate Bill No. 389 for technical reasons.

This bill’s title is defective for several reasons. See State ex rel. Davis v. Oakley, 156 W. Va. 154, 191 S.E. 2d 610 (1972) (requiring bill title to provide notice of bill’s contents). First, the bill provides for a late fee in W. Va. Code §30-13-18(b) that is not noted in the title. Second, the title provides that the bill requires reinstatement of nonrenewed licenses, but the bill does not contain language to that effect. Rather, the bill states in §30-13-18(c) that “[a] certificate that was not timely renewed or for other reason was given a nonpracticing status may be reinstated . . . .” (emphasis added). Reinstatement is permissive in the bill, rather than required. Finally, the bill requires the West Virginia State Board of Registration for Professional Engineers to promulgate emergency rules in §30-13-18(e). Emergency rulemaking authorization is absent from the title.

For the foregoing reasons, I disapprove and return this bill. I urge the Legislature to correct these technical issues, and to return the bill to my desk for signature.

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

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 Senate Bill No. 389, the same was put and prevailed.

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

Enr. Senate Bill No. 389--An Act to amend and reenact §30-13-18 of the Code of West Virginia, 1931, as amended, relating to the Board of Registration for Professional Engineers; changing time period for renewal from fiscal year to calendar year; authorizing renewal notification by mail or electronically; providing for reinstatement of nonrenewed licenses; authorizing annual or biennial renewal periods; providing late fee; and authorizing legislative rules and emergency rules related to renewal and reinstatement.

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, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--32.

The nays were: None.

Absent: Ferns and Prezioso--2.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. S. B. No. 389) passed with its title, as amended, as a result of the objections of the Governor.

Senator Carmichael moved that the bill take effect from passage.

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

The nays were: None.

Absent: Ferns and Prezioso--2.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 389) takes effect from passage.

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

Senator Cole (Mr. President) then 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 Tim Armstead

Speaker, West Virginia House of Delegates

State Capitol

Charleston, West Virginia

Dear Speaker Armstead:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled House Bill No. 2201 for technical reasons.

First, the bill’s title is defective because it fails to indicate the Legislature’s insertion of a definition for the term “commission”. This is problematic in that other newly inserted defined terms, such as “net metering”, “customer generator” and “cross-subsidization” are included in the title. This issue may be corrected either by referencing the definition of “commission” in the title, or by eliminating that definition altogether, as “commissioner” is already defined elsewhere for purposes of Chapter 24. See W. Va. Code §24-1-2.

Second, the definition of “customer generator” on page 2, subsection (b), is flawed because the word “projected” on page 2, line 9, makes the definition ambiguous. A suggested fix for this technical issue is to change the word “projected” to “project” on page 2, line 9.

Third, the definition of "cross-subsidization" on page 2, subsection (c), is also flawed because the phrase “to electric retail customers to electric retails customers” on page 2, lines 13-14, is unintelligible. This error may be repaired by eliminating the phrase “to electric retails customers” on page 2, line 14.

Finally, there is a technical error in the language contained on page 3, subsection (i), line 61. The term “standards” following the phrase “and as the same shall be amended,” makes subsection (i) difficult to comprehend. A suggested fix for this technical issue is to move the term “standards at all times” from its current location to directly after “(IEEE)” on line 61.

For the foregoing reasons, I disapprove and return this bill.

Sincerely,

Earl Ray Tomblin,

Governor.

cc: The Honorable William P. Cole III

The Honorable Natalie E. Tennant

A message from The Clerk of the House of Delegates announced the reconsideration, amendment and passage as amended, of a bill disapproved and returned by the Governor with his objections, and requested the concurrence of the Senate in the passage, of

Eng. House Bill No. 2201, Requiring the Public Service Commission to adopt certain net metering and interconnection rules and standards.

On motion of Senator Carmichael, the message was taken up for immediate consideration.

Senator Carmichael then moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate reconsider the bill (Enr. H. B. No. 2201), 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 House Bill No. 2201, the same was put and prevailed.

On motion of Senator Carmichael, the Senate concurred in the following House of Delegates amendment to the bill:

By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 2F. NET METERING OF CUSTOMER-GENERATORS.

§24-2F-8. Net metering and interconnection standards.

(a) "Net metering" means measuring the difference between electricity supplied by an electric utility and electricity generated from a facility owned or leased and operated by a customer generator when any portion of the electricity generated from the facility is used to offset part or all of the electric retail customer's requirements for electricity.

(b) “Customer-generator” means an electric retail customer who owns or leases and operates a customer-sited generation project utilizing an alternative or renewable energy resource or a net metering system in this state.

(c) “Cross-subsidization”, for purposes of this section, means the practice of charging costs directly incurred by the electric utility in accommodating a net metering system to electric retail customers who are not customer generators.

(d) The Public Service Commission shall adopt a rule requiring that all electric utilities provide a rebate or discount at fair value, to be determined by the Public Service Commission, to customer-generators for any electricity generation that is delivered to the utility under a net metering arrangement. The commission shall assure that any net metering tariff does not create a cross-subsidization between customers within one class of service.

(b) (e) The Public Service Commission shall also consider adopting, by rule, a requirement that all sellers of electricity to retail customers in the state, including rural electric cooperatives, municipally owned electric facilities or utilities serving less than thirty thousand residential electric customers in this state, offer net metering rebates or discounts to customer-generators.

(c) (f) The Public Service Commission shall institute a general investigation for the purpose of adopting rules pertaining to net metering and the interconnection of eligible electric generating facilities intended to operate in parallel with an electric utility’s system. As part of its investigation, the Public Service Commission shall take into consideration rules of other states within the applicable region of the regional transmission organization, as that term is defined in 18 C.F.R. §35.34, that manages a utility’s transmission system in any part of this state. Furthermore, the Public Service Commission shall consider increasing the allowed kilowatt capacity for commercial customer-generators to an amount not to exceed five hundred kilowatts and for industrial customer-generators to an amount not to exceed two megawatts. The Public Service Commission shall further consider interconnection standards for combined heat and power.

(d) The commission shall promulgate these rules within twelve months of the effective date of this article.

(g) An electric utility shall offer net metering to a customer-generator that generates electricity on the customer-generator side of the meter using alternative or renewable energy sources, on a first-come, first-served basis, based on the date of application for interconnection as provided in the rules promulgated by the commission and pursuant to a standard tariff. An electric utility may offer net metering to customer-generators, on a first-come, first-served basis, so long as the total generation capacity installed by all customer-generators is no greater than three percent (3%) of the electric utility aggregate customer peak demand in the state during the previous year, of which no less than one-half percent (0.5%) is reserved for residential customer-generators.

(h) The Public Service Commission shall adopt a rule requiring compliance with the Institute of the Electrical and Electronics Engineers (IEEE) standards at all times, and as the same shall be amended, including having a disconnect readily accessible to the utility between the facilities of the customer-generator and the electric utility.

The question now being on the passage of the bill, disapproved by the Governor and amended by the House of Delegates.

Senator Palumbo 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, Gaunch, D. Hall, M. Hall, Karnes, Kirkendoll, Leonhardt, Maynard, Mullins, Nohe, Plymale, Romano, Snyder, Stollings, Sypolt, Takubo, Walters, Williams, Woelfel and Cole (Mr. President)--25.

The nays were: Kessler, Laird, Miller, Trump, Unger and Yost--6.

Absent: Ferns and Prezioso--2.

Excused from voting: Palumbo--1.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. H. B. No. 2201) passed with its title, as amended, as a result of the objections of the Governor.

Senator Carmichael moved that the bill take effect from passage.

On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Gaunch, D. Hall, M. Hall, Karnes, Kirkendoll, Leonhardt, Maynard, Mullins, Nohe, Plymale, Romano, Snyder, Stollings, Sypolt, Takubo, Walters, Williams, Woelfel and Cole (Mr. President)--25.

The nays were: Kessler, Laird, Miller, Trump, Unger and Yost--6.

Absent: Ferns and Prezioso--2.

Excused from voting: Palumbo--1.

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. 2201) takes effect from passage.

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

The Senate proceeded 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. 234, Exempting certain water and sewer utilities owned by political subdivisions from PSC jurisdiction.

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

Respectfully submitted,

Mike Hall,

Chair.

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

Your Committee on Education has had under consideration

Senate Bill No. 408, Establishing critical need alternative teaching certificate.

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

Com. Sub. for Senate Bill No. 408 (originating in the Committee on Education)--A Bill to amend and reenact §18C-4A-1, §18C-4A-2 and §18C-4A-3 of the Code of West Virginia, 1931, as amended, all relating to education; expanding class of teachers who are eligible to receive assistance from Underwood-Smith Teacher Loan Assistance Program; and increasing annual amount of assistance available from Underwood-Smith Teacher Loan Assistance Program.

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,

Dave Sypolt,

Chair.

The bill (Com. Sub. for S. B. No. 408), 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. 580 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §55-7B-4 of the Code of West Virginia, 1931, as amended, relating to the statute of limitations on claims by minors for health care injuries under the Medical Professional Liability Act.

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

Eng. Com. Sub. for House Bill No. 2157, Relating to absentee ballot fraud.

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

Respectfully submitted,

Charles S. Trump IV,

Chair.

The Senate proceeded to the sixth order of business.

Senator Stollings offered the following resolution:

Senate Concurrent Resolution No. 48--Requesting the Joint Committee on Government and Finance study the need and feasibility of county commissions cooperating with municipalities and entering into joint agreements to effect the removal or demolition of dwellings or buildings determined unfit for human habitation.

Whereas, Counties and municipalities of West Virginia are each frequently confronted with the removal or demolition of dwellings or buildings determined unfit for human habitation. Both governmental entities have statutory authority to make this determination and take that action, but there is no specific authority for counties and municipalities to cooperate and enter into agreements to effect the removal or demolition of dwellings or buildings determined unfit for human habitation and are unsafe, unsanitary, dangerous or detrimental to the public safety or welfare; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the need and feasibility of county commissions cooperating with municipalities and entering into joint agreements to effect the removal or demolition of dwellings or buildings determined unfit for human habitation; 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 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.

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

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

Your Committee on the Judiciary has had under consideration

Senate Concurrent Resolution No. 49 (originating in the Committee on the Judiciary)--Requesting the Joint Committee on Government and Finance study the placement of magistrates within regional jails for purposes relating to criminal procedure.

Whereas, Concern has arisen relating to the availability of magistrates to conveniently handle certain matters relating to the initiation of charges, including arraignment; and

Whereas, The Legislature wishes to study, for potential consideration for adoption, best practices as it relates to the administration of justice; and

Whereas, Neighboring states, particularly the Commonwealth of Virginia, place magistrates within the several regional jails to conduct arraignments and for other purposes; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the placement of magistrates within regional jails for purposes relating to criminal procedure; and, be it

Further Resolved, That the Joint Committee on Government and Finance is requested to study the practices of the Commonwealth of Virginia with respect to the placement of judicial officers within regional jails for purposes of facilitating the administration of justice; 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

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

Respectfully submitted,

Charles S. Trump IV,

Chair.

At the request of Senator Trump, unanimous consent being granted, the resolution (S. C. R. No. 49) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration.

On motion of Senator Trump, the resolution was referred to the Committee on Rules.

The Senate proceeded to the seventh order of business.

Senate Concurrent Resolution No. 47, Amending Joint Rules of Senate and House relating to printing enrolled bills.

On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.

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 Wednesday, February 25, 2015, for amendments to be received on third reading, was reported by the Clerk.

Senator Sypolt requested unanimous consent that the bill be 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.

Which consent was not granted, Senator Unger objecting.

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

On motion of Senator Sypolt, 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.

At the request of Senator Carmichael, and by unanimous consent, Senator Carmichael addressed the Senate regarding anticipated action as to Committee Substitute for Senate Bill No. 14.

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

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

The nays were: None.

Absent: Ferns and Prezioso--2.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 94) passed with its title.

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

At the request of Senator D. Hall, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.

At the request of Senator D. Hall, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant Simone Marstiller, Florida Appellate Judge, privileges of the floor for the day.

The Senate again proceeded to the eighth order of business, the next bill coming up in numerical sequence being

Eng. Senate Bill No. 122, Adopting federal definition for disabled veterans' preference in civil service hiring and state contract vendor bidding.

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

The nays were: None.

Absent: Ferns and Prezioso--2.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 122) 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. 248, Requiring certain insurance and owner information be provided following car accident.

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

The nays were: None.

Absent: Ferns and Prezioso--2.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 248) passed with its title.

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

Eng. Com. Sub. for Com. Sub. for Senate Bill No. 278, Relating to lawful and unlawful methods of hunting.

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

The nays were: None.

Absent: Ferns and Prezioso--2.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 278) 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. 423, Amending Aboveground Storage Tank Act.

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

Pending extended discussion,

At the request of Senator Trump, and by unanimous consent, further consideration of the bill was deferred until the conclusion of bills on today's first reading calendar.

Eng. Senate Bill No. 454, Criminalizing trademark counterfeiting.

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

The nays were: None.

Absent: Ferns and Prezioso--2.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 454) 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. 454--A Bill to amend and reenact §47-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §47-2-14a, §47-2-14b, §47-2-14c and §47-2-14d, all relating to trademark counterfeiting and forfeiture; defining terms; creating crime of misdemeanor trademark counterfeiting; creating crime of felony trademark counterfeiting; providing penalties; and providing for seizure, forfeiture and disposal of property used or obtained in furtherance of violations.

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. 488, Reestablishing and modifying Broadband Deployment Council.

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

Senators Carmichael and D. Hall 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 motions prevailed.

On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Facemire, Gaunch, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--30.

The nays were: None.

Absent: Ferns and Prezioso--2.

Excused from voting: Carmichael and D. Hall--2.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 488) 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. 502, Relating to eligibility for certain reclamation or remediation tax credit.

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

The nays were: None.

Absent: Ferns and Prezioso--2.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 502) passed.

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

Eng. Senate Bill No. 502--A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating generally to surface mining and reclamation; bonding; special reclamation tax and funds; prohibited acts; bond liability; specifying retrospective eligibility of a mine operator to receive a tax credit for performing reclamation or remediation at a bond forfeiture site which otherwise would have been reclaimed using funds from the Special Reclamation Fund or Special Reclamation Water Trust Fund; and specifying limitations.

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

Eng. Senate Bill No. 503, Permitting sheriff hire outside attorneys for tax collection assistance.

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

The nays were: None.

Absent: Ferns and Prezioso--2.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 503) 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. 503--A Bill to amend and reenact §7-5-24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11A-2-2 of said code, all relating to permitting sheriff to hire outside attorneys to assist in the collection of taxes through the courts; providing for fees to be paid to any attorneys so hired; and sharing cost of collection with the various taxing units.

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

Senate Bill No. 576, Prohibiting PSC jurisdiction of internet protocol-enabled service or voice over internet protocol-enabled service and certain telephone company transactions.

On third reading, coming up in regular order, with the right having been granted on yesterday, Friday, February 27, 2015, for amendments to be received on third reading, was reported by the Clerk.

There being no amendments offered,

The bill was ordered to engrossment.

Engrossed Senate Bill No. 576 was then read a third time and put upon its passage.

The nays were: None.

Absent: Ferns and Prezioso--2.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 576) 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 House Bill No. 2099, Extending the time of meetings of local levying bodies when meetings are delayed.

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

The nays were: None.

Absent: Ferns and Prezioso--2.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2099) passed with its title.

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

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

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

The nays were: None.

Absent: Ferns and Prezioso--2.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2576) passed with its title.

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

The Senate proceeded to the ninth order of business.

Com. Sub. for Senate Bill No. 17, Permitting all-terrain vehicle operation on roadway under certain conditions; defining off-road motorcycle.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 332, Relating to administrative fees for Tax Division, Department of Revenue.

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. 342, Clarifying scope, application and requirements for error corrections by CPRB.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for Com. Sub. for Senate Bill No. 455, Relating to public higher education procurement and payment of expenses.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 481, Relating to municipal policemen's and firemen's pension and relief funds' investment.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 510, Amending Uniform Interstate Family Support Act.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 514, Relating to investments of local policemen's and firemen's pension and relief funds.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 515, Allowing Municipal Pensions Oversight Board invest funds with Investment Management Board or Board of Treasury Investments.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 530, Extending income tax exemption for retirees receiving pensions from certain defined pension plans.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 545, Removing certain prior bank overdraft approval by director or executive officer.

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. 548, Changing procedure for filling U. S. Senator vacancies.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 574, Relating to liquor sales by distilleries and mini-distilleries.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Eng. House Bill No. 2726, Clarifying choice of laws issues in product's liability actions.

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

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

On page two, section sixteen, lines eight and nine, by striking out all of subsection (b) and inserting in lieu thereof a new subsection, designated subsection (b), to read as follows:

(b) The amendments to this section enacted in 2015 shall be applicable prospectively to all civil actions commenced on or after July 1, 2015.

The bill (Eng. H. B. No. 2726), as amended, was then ordered to third reading.

Without objection, the Senate returned to the third order of business.

A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to

Eng. Com. Sub. for Senate Bill No. 175, Authorizing DHHR promulgate legislative rules.

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

The following House of Delegates amendment to the bill was reported by the Clerk:

By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN RESOURCES TO PROMULGATE LEGISLATIVE RULES.

§64-5-1. Department of Health and Human Resources.

(a) The legislative rule filed in the State Register on the August 1, 2014, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 23, 2014, relating to the Department of Health and Human Resources (public water systems, 64 CSR 3), is authorized.

(b) The legislative rule filed in the State Register on July 31, 2014, authorized under the authority of section nine, article five-h, chapter sixteen of this code, relating to the Department of Health and Human Resources (chronic pain management clinic licensure, 69 CSR 8), is authorized.

(c) The legislative rule filed in the State Register on July 31, 2014, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 14, 2014, relating to the Department of Health and Human Resources (Fatality and Mortality Review Team, 64 CSR 29), is authorized.

(d) The legislative rule filed in the State Register on July 31, 2014, authorized under the authority of section eleven, article five-o, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 5, 2014, relating to the Department of Health and Human Resources (medication administration and performance of health maintenance tasks by approved medication assistive personnel, 64 CSR 60), is authorized.

(e) The legislative rule filed in the State Register on August 1, 2014, authorized under the authority of section two, article six, chapter nine of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 6, 2014, relating to the Department of Health and Human Resources (nurse aid abuse and neglect registry, 69 CSR 6), is authorized.

(f) The legislative rule filed in the State Register on August 1, 2014, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 6, 2014, relating to the Department of Health and Human Resources (nursing home licensure, 64 CSR 13), is authorized with the following amendments:

On page fifty-seven, subdivision 9.1.b., by striking the entirety of that subdivision and inserting in lieu thereof the following:

9.1.b. The standards for construction, renovations, and alterations are the relevant sections of the 1996-1997 edition of “The Guidelines for Design and Construction of Hospitals and Health Care Facilities”, as recognized by the American Institute of Architects, Academy of Architecture for Health with assistance from the U. S. Department of Health and Human Services. Beginning on June 1, 2019, the relevant standards for construction, renovations and alterations will be the latest edition of “The Guidelines for Design and Construction of Hospitals and Health Care Facilities”, according to Facilities Guidelines Institute (FGI) and published by American Society for Healthcare Engineering (ASHE) with assistance from the U. S. Department of Health and Human Services which can be located at www.hhs.gov.;

On page fifty-eight, subdivision 9.1.c., immediately following the word “Facilities” by inserting the words “as adopted by the Centers for Medicare and Medicaid Services (CMS)”;

On page fifty-eight, subdivision 9.1.d., immediately following the word “Code” by inserting the words “as adopted by the State Fire Marshal”;

On page sixty-two, subdivision 9.7.f. by inserting a period after the word “program” and by striking the words “insecticidal strips are prohibitive”;

And,

On page sixty-two, by striking subdivision 9.7.g. and inserting a new subdivision 9.7.g. to read as follows:

9.7.g. Pesticides shall be applied only by an applicator certified by the West Virginia Department of Agriculture or a registered technician operating under the supervision of a certified applicator.

(g) The legislative rule filed in the State Register on July 31, 2014, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 14, 2014, relating to the Department of Health and Human Resources (state-wide trauma/emergency care system, 64 CSR 27), is authorized with the following amendment:

On page one, subsection 3.1 by removing the inserted language “in the current edition of”, reinserting the stricken language “edition” and inserting a colon after the word “patient” and the following “2013.

On motion of Senator Carmichael, the Senate concurred in the House of Delegates amendment to the bill.

Engrossed Committee Substitute for Senate Bill No. 175, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: Ferns and Prezioso--2.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 175) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

The nays were: None.

Absent: Ferns and Prezioso--2.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 175) takes effect from passage.

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

Eng. Com. Sub. for Senate Bill No. 187, Authorizing Department of Revenue promulgate legislative rules.

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

The following House of Delegates amendments to the bill were reported by the Clerk:

On page six, section four, line nine, after the word “authorized” by striking out the period and inserting the following: with the amendments set forth below:

On page three, subsection 2.18., by striking out the following: Any container or jug not made of glass, ceramic or metal may be submitted to the Commissioner for review and approval or denial on a case-by-case basis.;

On page eight, paragraph 3.6.a.2., by striking out the words "the agents or employees" and inserting in lieu thereof the words "the agents, employees or members";

And,

On page twenty-four, subdivision 13.2.a, by striking out the following: A franchise agreement as defined in subsection 2.15., is the agreement, that binds a brewer and a distributor so that an appointed distributor may distribute all of the brewer's nonintoxicating beer products, brands or family of brands, including line extensions, imported and offered for sale in West Virginia, including, but not limited to, existing brands, new brands and line extensions in the brewer's approved franchise distributor network and to a distributor's assigned territory.

On motion of Senator Carmichael, the Senate concurred in the House of Delegates amendments to the bill.

Engrossed Committee Substitute for Senate Bill No. 187, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: Ferns and Prezioso--2.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 187) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

The nays were: None.

Absent: Ferns and Prezioso--2.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 187) takes effect from passage.

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

At the request of Senator Walters, and by unanimous consent, Senator Walters addressed the Senate regarding the passing of his grandmother, Betty Walters.

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

Pending announcement of meetings of standing committees of the Senate,

On motion of Senator Carmichael, the Senate recessed until 1:30 p.m. today.

Upon expiration of the recess, the Senate reconvened and 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. 195, Authorizing Conservation Committee promulgate legislative rule relating to financial assistance programs.

Com. Sub. for Senate Bill No. 254, Relating to Fire, EMS and Law-Enforcement Officer Survivor Benefit Act.

Com. Sub. for Com. Sub. for Senate Bill No. 336, Eliminating Health Care Authority's power to apply certain penalties to future rate applications.

Senate Bill No. 386, Excluding mobile x-ray services from health care provider tax.

Com. Sub. for Senate Bill No. 395, Modifying definitions of "battery" and "domestic battery".

Com. Sub. for Senate Bill No. 407, Implementing state safety oversight program.

Senate Bill No. 420, Relating to retirement benefits for certain employees in kindergarten programs.

Com. Sub. for Senate Bill No. 436, Relating to State Athletic Commission.

Com. Sub. for Senate Bill No. 439, Relating to higher education personnel.

Senate Bill No. 447, Allowing issuance of diploma by public, private or home school administrator.

Senate Bill No. 457, Relating to selection of school athletic coaches or other extracurricular activities coaches.

Senate Bill No. 479, Adding additional family court judges.

Com. Sub. for Senate Bill No. 529, Relating to PERS, SPRS and TRS benefits and costs.

Senate Bill No. 549, Establishing classifications and salary schedules for State Police forensic lab civilian employees.

Senate Bill No. 560, Establishing special revenue fund for use of certain Supreme Court advanced technology.

Senate Bill No. 577, Allowing higher education governing boards invest certain funds with nonprofit foundations.

Senate Bill No. 578, Relating to occupational disease claims.

And,

Senate Bill No. 579, Clarifying restriction on limited video lottery location near business selling petroleum products.

The end of today's first reading calendar having been reached, the Senate returned to the consideration of

Eng. Com. Sub. for Senate Bill No. 423, Amending Aboveground Storage Tank Act.

Having been read a third time in earlier proceedings today, and now coming up in deferred order, was again reported by the Clerk.

The question being "Shall Engrossed Committee Substitute for Senate Bill No. 423 pass?"

On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Williams, Woelfel, Yost and Cole (Mr. President)--30.

The nays were: Walters--1.

Absent: Ferns, Leonhardt and Prezioso--3.

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. 423) passed with its title.

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

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

Senate Bill No. 310, Exempting nonprofit public utility companies from B&O tax.

And has amended same.

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

Respectfully submitted,

Mike Hall,

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. 499, Creating Tourist-Oriented Directional Signs Program.

Now on second reading, having been read a first time and referred to the Committee on Government Organization on February 26, 2015;

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

Respectfully submitted,

Craig Blair,

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. 550, Authorizing agreements between county commissions and municipalities regarding structures unfit for human habitation.

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

Respectfully submitted,

Craig Blair,

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. 581 (originating in the Committee on Finance)--A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17-1-3 of said code, all relating to transferring the Courtesy Patrol from Division of Tourism to Division of Highways; eliminating requirement that moneys be transferred from the Tourism Promotion Fund to the Courtesy Patrol Fund; and specifying how funds may be spent.

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 Concurrent Resolution No. 50 (originating in the Committee on Finance)--Providing for the issuance of not to exceed $185.390 million of refunding bonds pursuant to the Safe Roads Amendment of 1996, article two-g, chapter thirteen of the Code of West Virginia and article twenty-six, chapter seventeen of said Code.

Resolved by the Legislature of West Virginia:

That safe road refunding bonds in the principal amount not to exceed $185.390 million are authorized to be issued by the State of West Virginia and sold by the Governor by the fiscal year ending June 30, 2015; and, be it

Further Resolved, That the bonds shall be issued in registered form, in such denominations, maturing at such times and bearing such date or dates as the Governor may determine; and, be it

Further Resolved, That all such bonds shall be payable at the Office of the Treasurer of the State of West Virginia, or at a bank in the City of Charleston to be designated by the Governor; and, be it

Further Resolved, That the bonds shall bear interest at rates and be payable in amounts as determined by the Governor; and, be it

Further Resolved, That the State Treasurer shall pay the principal and/or interest then due on the bonds to the registered owners thereon at the addresses shown by the record of registration; and, be it

Further Resolved, That the bonds shall be signed as provided in section two, article twenty-six, chapter seventeen of the Code of West Virginia; and, be it

Further Resolved, That the bonds may be redeemable on such date or dates prior to maturity as determined by the Governor; and, be it

Further Resolved, That the Governor shall sell the bonds herein mentioned at such time or times in such amounts, not exceeding the aggregate principal amount described above, at such prices as he may determine necessary to provide funds for the purposes provided below and in article two-g, chapter thirteen of the Code of West Virginia and article twenty-six, chapter seventeen of said Code; and, be it

Further Resolved, That the net proceeds of sales of all bonds herein authorized shall be paid into a special and irrevocable trust fund, separate and apart from other funds of the State of West Virginia, to be held in the custody of an escrow trustee to be designated by the Governor; and, be it

Further Resolved, That an irrevocable deposit of said moneys in trust for, and such moneys and the investments thereof, together with any income or interest earned thereon, shall be applied to the payment of the principal of and interest on certain issued and outstanding safe road bonds to be refunded, to be selected by the Governor, on the date or dates, to be selected by the Governor, when any such outstanding bonds mature or may be called and are called for redemption, respectively, in connection with the refunding herein authorized.

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

Respectfully submitted,

Mike Hall,

Chair.

The Senate proceeded to the eleventh order of business and the introduction of guests.

The Senate then proceeded to the twelfth order of business.

Remarks were made by Senator Unger.

The Senate next proceeded to the thirteenth order of business.

Senator Trump called attention to today being the birthday of Donnie Adkins, Counsel to the Majority Leader, and on behalf of the Senate extended felicitations and good wishes to Donnie Adkins.

Senator Plymale called attention to today being the birthday of Hoppy Kercheval, Vice President of Operations of MetroNews, and on behalf of the Senate extended felicitations and good wishes to Hoppy Kercheval.

On motion of Senator Carmichael, leaves of absence for the day were granted Senators Ferns and Prezioso.

Pending announcement of a meeting of a standing committee of the Senate,

On motion of Senator Carmichael, the Senate adjourned until tomorrow, Sunday, March 1, 2015, at 3 p.m.

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