WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
FIFTY-SECOND DAY
____________
Charleston, W. Va., Friday, March 6, 2015
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by Dr. Jesse Waggoner, Senior Pastor, Mount Calvary Baptist Church, Charleston, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Daniel J. Hall, a senator from the ninth district.
Pending the reading of the Journal of Thursday, March 5, 2015,
On motion of Senator Carmichael, the Journal was corrected on page nineteen, in the report from the Committee on Pensions as to
House Concurrent Resolution No. 83, Requesting the Joint Committee on Government and Finance to study the needs, challenges, and issues facing municipalities in this state as to the funding of their police and firefighter pension plans.
The words “And reports the same back with the recommendation that it be adopted, as amended.” were stricken and a corrected recommendation was inserted to read as follows: “And reports the same back with the recommendation that it be adopted, as amended; but under the original double committee reference first be referred to the Committee on Rules.”
In accordance with the foregoing motion, House Concurrent Resolution No. 83, under the original double committee reference, was then referred to the Committee on Rules, with amendments from the Committee on Pensions pending.
Thereafter, on motion of Senator Carmichael, the Journal, as corrected, was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2595--A Bill to amend and reenact §16-2D-2 and §16-2D-6 of the Code of West Virginia, 1931, as amended, relating to certificates of need for the development of health facilities in this state; eliminating out-of-state health care facilities or providers from the definition of "affected persons" and from consideration in the state agency's evaluation process.
At the request of Senator Carmichael, and by unanimous consent, the message was taken up for immediate consideration, the bill was read a first time, ordered to second reading, and then referred to the Committee on Health and Human Resources.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2712--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-5G-1, §21-5G-2, §21-5G-3 and §21-5G-4, all relating to employment and privacy protection; prohibiting an employer from requesting or requiring that an employee or applicant disclose any user name, password, or other means for accessing a personal account or service through certain electronic communications devices; prohibiting an employer from taking or threatening to take, certain disciplinary actions for an employee’s refusal to disclose certain password and related information; prohibiting an employer from failing or refusing to hire an applicant as a result of the applicant’s refusal to disclose certain password and related information; prohibiting an employee from downloading certain unauthorized information or data to certain Web sites or Web-based accounts; providing that an employer is not prevented from conducting certain investigations for certain purposes, including gathering information needed for compliance with mandatory state or federal regulations; and duties not created under this article.
At the request of Senator Carmichael, and by unanimous consent, the message was taken up for immediate consideration, the bill was read a first time, ordered to second reading, and then referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2717--A Bill to amend and reenact §18-5-15c of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-2-2, §18A-2-6, §18A-2-7 and §18A-2-8a of said code; to amend and reenact §18A-3-10 of said code; to amend and reenact §18A-4-7a of said code; and to amend and reenact §18A-4-8b and §18A-4-8e of said code, all relating to hiring employees in the public schools; expanding the sources from which background checks may be obtained; modifying certain dates regarding certain actions, notices and hearings; modifying certain time periods and required methods of providing notice; modifying individuals to whom certain notice is required; limiting transfers from certain positions and providing exceptions; specifying certain actions of the county board to be in open, public meetings and authorizing certain executive sessions; authorizing county board to require certain actions of superintendent regarding job applicants; and removing requirement of county board to provide certain training”,
At the request of Senator Carmichael, and by unanimous consent, the message was taken up for immediate consideration, the bill was read a first time, ordered to second reading, and then 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. Com. Sub. for House Bill No. 2756--A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to exceptions to prohibitions against carrying concealed handguns; and authorizing appointees or employees of the Alcohol Beverage Control Commissioner to carry concealed handguns.
At the request of Senator Carmichael, and by unanimous consent, the message was taken up for immediate consideration, the bill was read a first time, ordered to second reading, and then referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2795--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §56-4-72, all relating to production of medical records; providing in certain circumstances medical records must be produced without court order; prohibiting unilateral restrictions on the maintenance, use or retention of the medical records; requiring the insurance commissioner to promulgate rules; providing that objection to production of medical records is not limited; providing that court ordered production of medical records does not affect application of this section; establishing that an order protecting privacy of medical records may be entered; and, establishing that any action related to unauthorized distribution of medical records is unaffected.
At the request of Senator Carmichael, and by unanimous consent, the message was taken up for immediate consideration, the bill was read a first time, ordered to second reading, and then referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2805--A Bill to amend and reenact §49-4-720 and §49-4-722 of the Code of West Virginia, 1931, as amended, relating to requiring the Division of Juvenile Services to transfer to a correctional facility or regional jail any juvenile in its custody that has been transferred to adult jurisdiction of the circuit court and who reaches his or her eighteenth birthday; requiring transfer of juvenile in adult jurisdiction upon reaching 18 if he or she has either been convicted or is in a pre-trial status; directing the division of juvenile services to notify the circuit court of the age of a juvenile reaching the age of 18; authorizing the circuit court to conduct a hearing as to alternative placement; mandating that the position of victim be taken under consideration by the court in considering disposition or alternative placement; prohibiting juveniles that commit an adult offense while under the custody of the Division of Juvenile Services from returning back to the placement in a juvenile facility if the juvenile has attained the age of 18; and requiring the court to conduct a hearing as to placement of a juvenile that has turned 18 and is remanded back to the custody of the Division of Juvenile Services after completion of an adult sentence.
At the request of Senator Carmichael, and by unanimous consent, the message was taken up for immediate consideration, the bill was read a first time, ordered to second reading, and then referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2810--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-18-28, generally relating to implementing the West Virginia Property Rescue Initiative; providing legislative findings relating to the need of such program; requiring the West Virginia Housing Development Fund to facilitate the West Virginia Property Rescue Initiative; providing that the West Virginia Housing Development Fund provide technical assistance to counties and municipalities for identification, purchase, removal and rehabilitation of dilapidated properties; requiring that the West Virginia Housing Development Fund establish and fund a revolving loan fund; directing the West Virginia Housing Development Fund to deposit monies into the revolving loan fund over a five year period; providing that no obligation of the state shall be created by the West Virginia Property Rescue Initiative; and requiring annual reports over five years; and requiring a final report on the effectiveness of the West Virginia Property Rescue Initiative.
At the request of Senator Carmichael, and by unanimous consent, the message was taken up for immediate consideration, the bill was read a first time, ordered to second reading, and then 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. 2828--A Bill to amend and reenact §62-6B-2, §62-6B-3 and §62-6B-4 of the Code of West Virginia, 1931, as amended, all relating to modifying the requirements that allow a child witness to testify by closed circuit television.
At the request of Senator Carmichael, and by unanimous consent, the message was taken up for immediate consideration, the bill was read a first time, ordered to second reading, and then referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2867--A Bill to of the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18B-14-2, relating to providing for recommendations regarding expanded transfer of course credits among higher education institutions in the state; requiring higher education policy commission and council for community and technical college education to report the recommendations to Legislative Oversight Commission on Education Accountability.
At the request of Senator Carmichael, and by unanimous consent, the message was taken up for immediate consideration, the bill was read a first time, ordered to second reading, and then 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. Com. Sub. for House Bill No. 2902--A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4, §16-46-5, §16-46-6, §16-46-7 and §16-46-8, all relating to providing for the establishment of a program to allow savings accounts for individuals with a disability and their families to save private funds to support the individual with a disability, to be known as the West Virginia ABLE Act; definitions; implementation and administration of the program by the Treasurer; powers and responsibilities of the Treasurer; use of financial organizations as account depositories and managers; establishing procedures and requirements for establishment of an ABLE savings account; limitations on deposits; provisions for change of a designated beneficiary; distributions from accounts; limiting liability of the Treasurer and the state; and establishment of the West Virginia ABLE savings program trust fund and the West Virginia ABLE Savings Expense Fund.
At the request of Senator Carmichael, and by unanimous consent, the message was taken up for immediate consideration, the bill was read a first time, ordered to second reading, and then referred to the Committee on Banking and Insurance.
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. 2926--A Bill to amend and reenact §46A-3-114 of the Code of West Virginia, 1931, as amended, relating to making and collecting deferral charges in connection with a consumer credit sale or consumer loan, refinancing or consolidation; making and collecting modification charges in connection with a consumer credit sale or consumer loan, refinancing or consolidation; specifying the requirements for a modification; and requiring the Commissioner of Financial Institutions to prescribe by rule the method or procedure for the calculation of deferral charges for certain consumer credit sale or consumer loans.
At the request of Senator Carmichael, and by unanimous consent, the message was taken up for immediate consideration, the bill was read a first time, ordered to second reading, and then 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. 3019--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-2-13, all relating to requiring official business and records of the state and its political subdivisions be conducted in English, and providing exceptions, limitations, and a definition.
At the request of Senator Carmichael, and by unanimous consent, the message was taken up for immediate consideration, the bill was read a first time, ordered to second reading, referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
Executive Communications
The Clerk then presented communications from His Excellency, the Governor, advising that on March 5, 2015, he had approved Enr. Committee Substitute for Senate Bill No. 187, Enr. Senate Bill No. 238, Enr. Senate Bill No. 382, Enr. Senate Bill No. 398 and Enr. Committee Substitute for House Bill No. 2002.
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
March 5, 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. 6 on technical grounds.
The bill’s enacting clause on page 2 contains two fatal errors. First, the enacting clause provides that the bill repeals W. Va. Code §55-7B-1, which it does not. Rather, the bill amends §55-7B-1. Second, the enacting clause fails to reference the bill’s amendment of §55-7B-10.
If the Legislature chooses to repair the enacting clause, it also may consider revising some aspects of the bill’s title on page 1. For instance, the phrase “providing rebuttable presumptions and evidentiary requirements related to admission of certain government, health care provider or health care facility information” arguably is vague. Greater clarity could be provided by revising the phrase to read, “providing rebuttable presumptions and evidentiary requirements relating to state and federal reports, disciplinary actions, accreditation reports, assessments, and staffing.” See, e. g., §55-7B-7a, page 11.
The title’s description of the bill’s amendment to §55-7B-8(d) also may be inadequate. The phrase “clarifying amounts of medical professional liability insurance coverage that must exist to receive noneconomic damages limitations” could be added to the title to better explain the “aggregate” amendment to §55-7B-8(d). See, e.g., §55-7B-8(d), pages 12-13.
Finally, the title’s reference to “providing definitions” may not sufficiently describe the many revisions reflected in §55-7B-2 of the bill, which significantly expand the scope of the Medical Professional Liability Act. See §55-7B-2, pages 5-9.
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. 6, Relating to medical professional liability.
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. 6, the same was put and prevailed.
On motion of Senator Trump, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §55-7B-1, §55-7B-2, §55-7B-7, §55-7B-8, §55-7B-9, §55-7B-9a, §55-7B-9c, §55-7B-10 and §55-7B-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §55-7B-7a and §55-7B-9d, all to read as follows:;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Enr. Com. Sub. for Senate Bill No. 6--An Act to amend and reenact §55-7B-1, §55-7B-2, §55-7B-7, §55-7B-8, §55-7B-9, §55-7B-9a, §55-7B-9c, §55-7B-10 and §55-7B-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §55-7B-7a and §55-7B-9d, all relating to medical professional liability generally; providing additional legislative findings and purposes related to medical professional liability; modifying definitions; amending existing definitions of “health care”, “health care facility”, “health care provider” and “medical professional liability” and creating a new definition for “related entity” all of which expand the scope of the Medical Professional Liability Act; modifying the qualifications for the competency of experts who testify in medical professional liability actions; providing rebuttable presumptions and evidentiary requirements relating to state and federal reports, disciplinary actions, accreditation reports, assessments and staffing; modifying the maximum amount of recovery for, and availability of, noneconomic damages; clarifying amounts of medical professional liability insurance coverage that must exist to receive noneconomic damages limitations; clarifying that a health care provider is not vicariously liable unless the alleged agent does not maintain certain insurance; clarifying eligibility for, and application of, emergency medical services caps; providing a methodology for determining the amount of trauma care caps to account for inflation; providing certain limitations of verdicts for past medical expenses of the plaintiff; establishing effective date; and providing for severability.
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: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Unger, Williams, Woelfel, Yost and Cole (Mr. President)--28.
The nays were: Beach, Facemire, Romano and Snyder--4.
Absent: Miller and Walters--2.
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. 6) 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: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Unger, Williams, Woelfel, Yost and Cole (Mr. President)--28.
The nays were: Beach, Facemire, Romano and Snyder--4.
Absent: Miller and Walters--2.
So, two thirds 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. 6) 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
March 2, 2015
The Honorable Tim Armstead
Speaker, West Virginia House of Delegates
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 House Bill No. 2568. I am advised the bill is unconstitutional under controlling precedent of the Supreme Court of the United States because it prohibits the termination of certain pregnancies prior to viability. See Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U. S. 833, 879 (1992) (holding a state “may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability”); see also Isaacson v. Horne, 716 F.3d 1213 (9th Cir. 2013), cert. denied, 134 S. Ct. 905 (Jan. 13, 2014) (declaring Arizona’s fetal pain statute unconstitutional; statute prohibited the termination of pregnancy at twenty weeks gestation, before the fetus is viable). 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 and passage of a bill disapproved and returned by the Governor with his objections, and requested the concurrence of the Senate in the passage, of
Enr. Com. Sub. for House Bill No. 2568, The Pain-Capable Unborn Child Protection Act.
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 House Bill No. 2568, The Pain-Capable Unborn Child Protection 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 House Bill No. 2568, the same was put and prevailed.
The question now being on the passage of the bill, disapproved by the Governor.
On the passage of the bill, the yeas were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Nohe, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Unger, Williams, Woelfel, Yost and Cole (Mr. President)--27.
The nays were: Beach, Facemire, Palumbo, Romano and Snyder--5.
Absent: Miller and Walters--2.
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 H. B. No. 2568) passed with its title, as a result of the objections of the Governor.
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 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 Concurrent Resolution No. 3, Requesting DOH name portion of Rt. 25 in Kanawha County “U. S. Army Sgt. James Lawrence Taylor Memorial Road”.
Senate Concurrent Resolution No. 23, Requesting DOH name bridge in McDowell County “U. S. Army SFC Anthony Barton Memorial Bridge”.
Senate Concurrent Resolution No. 42, Requesting DOH name bridge in Fayette County “Tygrett Brothers Seven Veterans Bridge”.
Senate Concurrent Resolution No. 43, Requesting DOH name bridge in Nicholas County “U. S. Army SPC Richard Nesselrotte Bridge”.
Senate Concurrent Resolution No. 44, Requesting DOH name bridge in Randolph County “U. S. Navy PO2 Robert Paul Laderach Memorial Bridge”.
And,
Senate Concurrent Resolution No. 45, Requesting DOH name bridge in Jackson County “James P. Spano, Jr., Memorial Bridge”.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Chris Walters,
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. 2053, Relating to the form of trust deeds.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 2648, Allowing authorized entities to maintain a stock of epinephrine auto-injectors to be used for emergency.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 2053 and 2648) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time and ordered to second reading.
Senator Ferns, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Eng. House Bill No. 2100, Caregiver Advise, Record and Enable Act.
And has amended same.
Eng. House Bill No. 2272, Relating to the authority of the Board of Pharmacy.
And has amended same.
Eng. Com. Sub. for House Bill No. 2368, Relating to child welfare.
And has amended same.
Eng. House Bill No. 2776, Relating to prescribing hydrocodone combination drugs for a duration of no more than three days.
And has amended same.
Eng. House Bill No. 2880, Creating an addiction treatment pilot program.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 2999, Relating to neonatal abstinence centers.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Ryan J. Ferns,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bills (Eng. H. B. No. 2100, Eng. H. B. No. 2272, Eng. Com. Sub. for H. B. No. 2368, Eng. H. B. No. 2776, Eng. H. B. No. 2880 and Eng. Com. Sub. for H. B. No. 2999) contained in the preceding report from the Committee on Health and Human Resources were each 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
Eng. Com. Sub. for House Bill No. 2432, Relating to the licensure requirements to practice pharmacist care.
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 (Eng. Com. Sub. for H. B. No. 2432) 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 M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2632, Exempting the procurement of certain instructional materials for use in and in support of public schools from the division of purchasing requirements.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Mike Hall,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. H. B. No. 2632) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Sypolt, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 2645, Expanding the availability of the Underwood-Smith Teacher Loan Assistance Program.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Dave Sypolt,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. H. B. No. 2645) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.
Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2657, Allowing members of the Livestock Care Standards Board to be reimbursed for expenses consistent with the West Virginia Department of Agriculture Travel Policy and Procedure.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Mike Hall,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. H. B. No. 2657) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2778, State Infrastructure Fund Program.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Mike Hall,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2778) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
The Senate proceeded to the sixth order of business.
Senators Kirkendoll and Stollings offered the following resolution:
Senate Concurrent Resolution No. 54--Requesting the Division of Highways name the stretch of road beginning at Route 10 and the Logan and Lincoln county lines, going one mile into Logan County, the "USMC LCpl Larry G. Williamson Memorial Highway".
Whereas, Larry G. Williamson was born on February 9, 1947, in Lincoln County to John B. and Georgia Napier Williamson. He had three sisters, Patty Egnor, Peggy Perry (deceased) and Robin Williamson. Larry G. Williamson attended Harts High School, played varsity basketball, was on the school newspaper and was secretary/treasurer of his senior class. He graduated in 1964 and attended Marshall University's Logan branch for two years. On September 9, 1967, at the age of twenty, Larry G. Williamson married Wanda Brumfield and moved to Columbus, Ohio, where he became manager of car parts and tires at a Firestone Automotive Center; and
Whereas, In January 1969, Larry G. Williamson was drafted from West Virginia. While on a bus taking him for Army training, he was among the draftees separated and reassigned to the Marines. He received basic training at Camp Pendleton, California, and after a brief visit home was ordered to Vietnam and assigned to the 5th Marine Division. He soon received a promotion to Lance Corporal. In Vietnam, LCpl Larry G. Williamson was assigned as a squad leader in the First Platoon of Company G. On March 11, 1970, the squad was acting as a blocking force and was located approximately two miles northeast of An Hoa Combat Base in Quang Nam Province. LCpl Larry G. Williamson was killed when a well-concealed explosive device detonated. A squad corpsman rushed to his aid but death had been instantaneous. LCpl Larry G. Williamson received a Purple Heart, Rifle Sharpshooter, National Defense, Republic of Vietnam Service, Chien Dich Vietnam Medal and Boi-Tinh 1960 Medals; and
Whereas, LCpl Larry G. Williamson made the ultimate sacrifice for his country and in doing so represented West Virginia and his country with the highest levels of honor and courage and his sacrifice should not go unnoticed. Naming that stretch of road in Logan County the "USMC LCpl Larry G. Williamson Memorial Highway" is an appropriate recognition of his ultimate sacrifice for state and country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the stretch of road beginning at Route 10 and the Logan and Lincoln county lines, going one mile into Logan County, the "USMC LCpl Larry G. Williamson Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the stretch of road as the "USMC LCpl Larry G. Williamson Memorial Highway"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of LCpl Larry G. Williamson.
Which, under the rules, lies over one day.
Senators Kirkendoll and Stollings offered the following resolution:
Senate Concurrent Resolution No. 55--Requesting the Division of Highways name a one-mile section of Buffalo Creek Road, beginning at the intersection of Route 10 and extending through the Town of Man, West Virginia, also known as Main Street, the "U. S. Army SP4 Terry Robert Albright Memorial Road".
Whereas, Terry Robert Albright was born on February 1, 1950, the son of Robert and Sylvia Bailey Albright; and
Whereas, Terry Robert Albright attended public schools in Logan County and graduated from Man High School in 1968; and
Whereas, Terry Robert Albright entered the Army on September 17, 1969, and was deployed to Vietnam on April 4, 1970; and
Whereas, Specialist 4th Class Terry Robert Albright was serving with the 3rd Squadron, 4th Cavalry Regiment, B Troop when he was killed in Vietnam on October 11, 1970; and
Whereas, Specialist 4th Class Terry Robert Albright's military awards include the Vietnam Gallantry Cross Unit Citation, Order of the Spur, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal and expert badge with rifle and automatic rifle medallions; and
Whereas, Specialist 4th Class Terry Robert Albright's name appears on the Vietnam War Memorial, Panel 07W, Line 125; and
Whereas, Terry Robert Albright is survived by a brother, Kerry Albright, who lived through the infamous Buffalo Creek Flood in 1972 as an infant and became known as the "miracle baby of Buffalo Creek"; and
Whereas, Terry Robert Albright's mother, Sylvia, and brother, Steven, were among 125 people who perished in the Buffalo Creek Flood. His father, Robert, passed away in 2000; and
Whereas, It is only fitting that an appropriate memorial recognizing Specialist 4th Class Terry Robert Albright's service and sacrifice be established in the area where he lived; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name a one-mile section of Buffalo Creek Road, beginning at the intersection of Route 10 and extending through the Town of Man, West Virginia, also known as Main Street, the "U. S. Army SP4 Terry Robert Albright Memorial Road"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the designated highway containing bold and prominent letters proclaiming that section of Buffalo Creek Road the "U. S. Army SP4 Terry Robert Albright Memorial Road"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to Terry Robert Albright’s brother, Kerry Albright, and his cousin, Kathy Yeager.
Which, under the rules, lies over one day.
Senators Kirkendoll and Stollings offered the following resolution:
Senate Concurrent Resolution No. 56--Requesting the Division of Highways name a section of County Route 3 near Chapmanville, Logan County, lying between County Route 3/1 and County Route 3/16, consisting of approximately 1.2 miles and locally known as Smoke House Fork Crawley Creek Road, the "U. S. Army Colonel Anna M. Butcher Road".
Whereas, Anna M. Butcher was born in Shively, West Virginia, attended Chapmanville High School from 1940 to 1942 and graduated from Logan General Hospital School of Nursing in 1946; and
Whereas, Anna M. Butcher, the daughter of Mr. and Mrs. T. E. Butcher, grew up with four sisters and three brothers; and
Whereas, Anna M. Butcher entered the United States Army Nurse Corps in November 1951 and completed basic training at Fort Meade, Maryland, in December 1951; and
Whereas, First Lieutenant Anna M. Butcher was assigned as a staff nurse to Fort Belvoir, Virginia, in December 1951; and
Whereas, First Lieutenant Anna M. Butcher enjoyed a long and distinguished career in the Army Nurse Corps, reaching the rank of Colonel before retiring; and
Whereas, Col. Anna M. Butcher completed assignments with increasing responsibilities as staff nurse, head nurse or chief nurse at U. S. Army medical facilities in Korea, Vietnam, Germany and Japan, as well as at home in Kentucky, Alabama, Virginia and Washington, D. C.; and
Whereas, Col. Anna M. Butcher’s last assignment before retiring was as Chief of the Department of Nursing at the U. S. Army Hospital in Fort Polk, Louisiana; and
Whereas, Col. Anna M. Butcher was awarded a Bronze Star, Army Commendation Medal with two oak leaf clusters and a Meritorious Service Medal; and
Whereas, Following her military career, Col. Anna M. Butcher returned home to her native Logan County where she cared for her family and friends and continues to live and serve her community; and
Whereas, It is the wish of the Legislature to commemorate the service Col. Butcher offered to her country and to the many sick and injured members of the military; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name a section of West Virginia Route 3 near Chapmanville, Logan County, lying between County Route 3/1 and County Route 3/16, consisting of approximately 1.2 miles and locally known as Smoke House Fork Crawley Creek Road, the "U. S. Army Colonel Anna M. Butcher Road"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the "U. S. Army Colonel Anna M. Butcher Road"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to Col. Anna M. Butcher.
Which, under the rules, lies over one day.
Senators D. Hall, M. Hall, Kirkendoll, Snyder and Stollings offered the following resolution:
Senate Concurrent Resolution No. 57--Requesting the Joint Committee on Government and Finance study issue of regulation of public utilities by political subdivisions of the State of West Virginia.
Whereas, Municipalities and county commissions possess certain powers to enact, administer and enforce ordinances; and
Whereas, Such powers possessed by municipalities and county commissions are intended to be used in order to serve the public interest and welfare of their respective citizens and respond to their citizens; and
Whereas, Public utilities provide vital services and products to the public as a whole, not constrained by the boundaries of political subdivisions of the state; and
Whereas, The nature of public utility services and products are to serve the general welfare, need and public good of the state; and
Whereas, Public utilities in West Virginia are governed by various federal and state agencies, including, but not limited to, the United States Environmental Protection Agency, the Federal Energy Regulatory Commission, the West Virginia Department of Environmental Protection and the West Virginia Public Service Commission; and
Whereas, Regulation of public utilities at the local level can conflict with and, indeed, frustrate, confuse and confound the operations, service and products provided to the public by such public utilities; and
Whereas, The cost of regulatory compliance at any level is ultimately borne by the ratepayers and customers of the public utilities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study issue of regulation of public utilities by political subdivisions of the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
At the request of Senator Carmichael, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Takubo, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Concurrent Resolution No. 58 (originating in the Committee on Economic Development)--Requesting the Joint Committee on Government and Finance study need and feasibility of the state creating a cost-effective and portable group retirement savings program for small businesses and their employees, including comparing costs of establishing the program with currently available private sector financial and retirement security opportunities for small businesses.
Whereas, An employer with less than 50 employees is considered a small business; and
Whereas, Seventy percent of small businesses in West Virginia do not offer employer-sponsored retirement plans to their employees; and
Whereas, More than one half of the employees of small businesses do not have access to an employer-sponsored payroll deduction retirement savings plan; and
Whereas, Without an employer-sponsored retirement plan, there is a concern that workers will not have enough money to cover living expenses upon retirement; and
Whereas, Social Security plays a key role in providing retirement security for workers in West Virginia, but it should not be the sole source of retirement income; and
Whereas, If a significant portion of retirees rely only on Social Security for income, then there would be a growing demand for taxpayer-supported services which would increase costs for the state; and
Whereas, In addition to Social Security benefits, access to a retirement savings program would be beneficial to an employee’s retirement; and
Whereas, It is preferable to enable an individual to have his or her own retirement plan rather than being forced to depend on taxpayer-supported programs and services; and
Whereas, Currently, there are commercial employer-sponsored retirement plans that are available to help workers accumulate retirement savings and improve their retirement security, but small business employers feel these plans are too expensive; and
Whereas, Small business employers think the state of West Virginia should do more to encourage workers to save for retirement by enacting legislation that gives small business employers in West Virginia the option of creating a retirement savings plan; and
Whereas, Illinois recently enacted legislation that created a retirement savings program for its citizens to save money for their retirement, and 30 other states are considering such a program, including California, Oregon, Minnesota, Connecticut and Maryland, which are conducting formal studies to ascertain a retirement savings program that will best assist their citizens to build a more secure retirement; and
Whereas, In West Virginia, a retirement savings program for small businesses would offer an opportunity for small business employers to establish a basic retirement savings option for employees which would provide workers a simple way to save for retirement which would result in fewer West Virginians relying on taxpayer-supported services, saving taxpayer dollars; and
Whereas, There is a need to determine if any potential state retirement savings program would be less expensive and not in direct competition with those employee and employer portable retirement programs already offered by banks, financial institutions, insurance brokers and private insurers; and
Whereas, A complete fiscal analysis is needed to determine the financial implications of a state retirement savings program, including the start-up costs, the compliance costs, legal implications to the state and its small businesses, costs of investment, actuarial compliance with federal securities laws and comparing the cost of a potential state-sponsored retirement savings program to the cost of existing private sector alternatives; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study need and feasibility of the state creating a cost-effective and portable group retirement savings program for small businesses and their employees, including comparing costs of establishing the program with currently available private sector financial and retirement security opportunities for small businesses; 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.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Tom Takubo,
Chair.
At the request of Senator Takubo, unanimous consent being granted, the resolution (S. C. R. No. 58) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration.
On motion of Senator Takubo, the resolution was referred to the Committee on Rules.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 52, Requesting Board of Education study teacher preparation programs.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Education.
Senate Concurrent Resolution No. 53, Requesting DOH name bridge in Randolph County "U. S. Army PFC Samuel Reed Summerfield 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 Resolution No. 50, Designating March 10, 2015, American Red Cross Day.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Health and Human Resources.
The Senate proceeded to the eighth order of business.
Eng. House Bill No. 2760, Making a supplementary appropriation to the Bureau of Senior Services, Lottery Senior Citizens Fund.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Walters--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2760) passed with its title.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Walters--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. 2760) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2764, Making a supplementary appropriation to the State Department of Education, School Building Authority.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Walters--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2764) passed with its title.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Walters--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. 2764) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2770, Making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Division of Human Services.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Walters--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2770) passed with its title.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Walters--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. 2770) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2933, Making a supplementary appropriation to the Department of Administration, Public Defender Services.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Walters--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2933) passed with its title.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Walters--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. 2933) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 2755, Relating to service and professional employee positions at jointly established schools.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Carmichael, 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:
Eng. Com. Sub. for House Bill No. 2462, Relating to certain deposits of tax proceeds.
Eng. Com. Sub. for House Bill No. 2505, Relating to retirement system participation and concurrent employment provisions.
Eng. Com. Sub. for House Bill No. 2507, Relating to membership provisions in the West Virginia Municipal Police and Firefighters Retirement System.
Eng. Com. Sub. for House Bill No. 2527, Creating a Task Force on Prevention of Sexual Abuse of Children; "Erin Merryn's Law".
Eng. House Bill No. 2535, Relating generally to suicide prevention training.
Eng. Com. Sub. for House Bill No. 2550, Increasing the number of unexcused absences of a student before action may be taken against the parent.
Eng. Com. Sub. for House Bill No. 2562, Relating to sales tax increment financing.
Eng. House Bill No. 2626, Relating to use of the Abandoned Land Reclamation Fund.
Eng. Com. Sub. for House Bill No. 2702, Redefining service personnel class titles of early childhood classroom assistant teacher.
And,
Eng. House Bill No. 2876, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
On motion of Senator Carmichael, a leave of absence for the day was granted Senator Walters.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Carmichael, the Senate adjourned until Sunday, March 8, 2015, at 5 p.m.
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