WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2016
TWENTY-NINTH DAY
____________
Charleston, W. Va., Wednesday, February 10, 2016
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by Dr. William McCoy, First Presbyterian Church, Charleston, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Jack Yost, a senator from the first district.
Pending the reading of the Journal of Tuesday, February 9, 2016,
At the request of Senator Leonhardt, unanimous consent being granted, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, of
Eng. Com. Sub. for House Bill 4007, Relating generally to appointment of attorneys to assist the Attorney General.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill 4186–A Bill to amend and reenact §29A-1-3 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §24A-2-2b, all relating to the Public Service Commission; establishing a complaint review process; setting forth burden of proof on carrier; developing a process for aggrieved parties to recover charges; establishing factors for commission to consider whether charges are fair, just, and reasonable; providing commission authority to establish civil penalties for violations; prohibiting indemnification in certain instances; requiring carriers to list rates on invoices; authorizing commission to suspend or revoke operating authority; providing limited rule-making authority to the commission; providing for sunsetting the rule unless reauthorized; and providing for a legislative audit.
Referred to the Committee on Government Organization.
The Senate proceeded to the fourth order of business.
Senator Maynard, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 9th day of February, 2016, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. 32), Relating to withdrawal of candidates for office and filling vacancies.
And,
(Com. Sub. for H. B. 2101), Eliminating obsolete government entities.
Respectfully submitted,
Mark R. Maynard,
Chair, Senate Committee.
John B. McCuskey,
Chair, House Committee.
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
Senate Bill 50, Clarifying certain nonprofit-owned hospitals may have only one governing body.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ryan J. Ferns,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Walters, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill 94, Designating State Police Superintendent as administrator and enforcer of motor vehicle inspection program.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Chris Walters,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Government Organization.
Senator Sypolt, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill 299, Creating Library Facilities Improvement Fund.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Dave Sypolt,
Chair.
At the request of Senator Hall, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Education.
Senator Sypolt, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill 321, Providing more equitable disbursement of funds to county boards to lessen impact of serving special needs students.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill 321 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-9A-13, relating to adding an amount to the appropriation for serving exceptional students with high-cost/high-acuity special needs that is based on the reduction in net enrollment multiplied by the average net state aid per pupil for the preceding school year; limiting the amount added; and providing for disbursement of amount added.
With the recommendation that the committee substitute do pass; but with the further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
Dave Sypolt,
Chair.
On motion of Senator Sypolt, the bill (Com. Sub. for S. B. 321) contained in the foregoing report from the Committee on Education was then referred to the Committee on Finance.
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 403, Relating to cooperative extension workers.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Craig Blair,
Chair.
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
Senate Bill 404, Removing prohibition on billing persons for testing for HIV and sexually transmitted diseases.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill 404 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §16-3C-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §16-3C-2a and §16‑3C‑2b; and to amend and reenact §16-4-19 of said code, all relating to testing for HIV and sexually transmitted diseases; authorizing billing of persons for HIV and sexually transmitted disease testing or sexually transmitted disease treatment done by state or local public health agencies; informing persons who wish to opt-out of HIV-related testing that anonymous testing is available; authorizing magistrate and circuit courts to order testing of persons accused of certain sex crimes; requiring prosecuting attorneys to file motion for testing upon request of victim or victim’s parent or guardian; establishing a time-frame for mandatory testing; providing for follow-up HIV-related testing as medically appropriate; providing that costs associated with testing may be borne by the state when the defendant or juvenile respondent is financially unable to pay; authorizing billing of a defendant’s or juvenile respondent’s health insurance provider; requiring testing of juvenile’s adjudicated of certain sex crimes; removing counseling requirement; removing exemption for providers regulated by Insurance Commissioner; removing limitation on amount that can be charged for medication used to treat sexually transmitted diseases; and removing archaic language related to testing of sexually transmitted diseases.
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,
Ryan J. Ferns,
Chair.
At the request of Senator Hall, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.
Senator Sypolt, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill 459, Requiring county board of education to pay tuition to Mountaineer Challenge Academy.
And,
Senate Bill 483, Marshall County LSIC waiver.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Dave Sypolt,
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 522, Relating to public service districts.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill 522 (originating in the Committee on Government Organization)--A Bill to amend and reenact §24-2-2 of the Code of West Virginia, 1931, as amended, relating generally to public service districts; and to prohibit shifting future development costs onto existing public service district customers.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Craig Blair,
Chair.
Senator Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill 558, Maintaining solvency of Unemployment Compensation Fund.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Mike Hall,
Chair.
Senator Walters, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution 3, Julian, Earl and Edward Hill Brothers Memorial Bridge.
Senate Concurrent Resolution 6, USMC PFC Marshall Lee King Memorial Bridge.
Senate Concurrent Resolution 8, U.S. Army PFC Ernest D. Marcum Bridge.
Senate Concurrent Resolution 9, U.S. Army First Sergeant Jesse T. McPeake Memorial Road.
Senate Concurrent Resolution 11, U. S. Marine Corps Sergeant Gerald Leslie Perry Memorial Bridge.
Senate Concurrent Resolution 12, Wayne County Veterans Memorial Highway.
Senate Concurrent Resolution 13, Tom Williams Family Bridge.
Senate Concurrent Resolution 14, U.S. Marine Corps PFC Billy Joe Vickers Memorial Bridge.
And,
Senate Concurrent Resolution 15, U.S. Army SFC Jesse Muncy Memorial Bridge.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Chris Walters,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the resolutions (S. C. R. 3, 6, 8, 9, 11, 12, 13, 14 and 15) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration and considered simultaneously.
The question being on the adoption of the resolutions, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator 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 17, Charles Edward Smith Memorial Bridge.
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution 17 (originating in the Committee on Transportation and Infrastructure)–Requesting Division of Highways name bridge that intersects Millers Fork on County Route 17, located 0.01 mile south of County Route 22 in Wayne County, bridge number 50-17-3.93 (50A026), latitude +38.26346, longitude -82.38322, originally known as the Millers Fork Bridge, the “U. S. Army Sergeant Charles Edward Smith Memorial Bridge”.
Whereas, Charles Edward Smith was born on October 24, 1921; and
Whereas, Charles Edward Smith, who served in the United States Army during World War II, received the Purple Heart, Good Conduct Medal and Eastern Service Ribbon as the result of the courage he displayed in battle, serving in the Ardennes in Northern France and being wounded in combat on December 30, 1944, in Belgium; and
Whereas, Charles Edward Smith passed away on April 6, 2013; and
Whereas, It is fitting and proper to memorialize the courageous and honorable actions committed on behalf of this country by Charles Edward Smith; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name the bridge that that intersects Millers Fork on County Route 17, located 0.01 mile south of County Route 22 in Wayne County, bridge number 50-17-3.93 (50A026), latitude +38.26346, longitude -82.38322, originally known as the Millers Fork Bridge, the “U. S. Army Sergeant Charles Edward Smith Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army Sergeant Charles Edward Smith Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to the Wayne County Veterans’ Association.
With the recommendation that the committee substitute be adopted.
Respectfully submitted,
Chris Walters,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the resolution (Com. Sub. for S. C. R. 17) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senators Carmichael, Ashley, Ferns, Palumbo, Plymale, Prezioso, Trump, Walters, Woelfel, Blair and Stollings:
Senate Bill 560--A Bill to amend and reenact §15-5-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-2A-1 and §29-2A-3 of said code; to amend said code by adding thereto a new section, designated §29-2A-15; and to amend and reenact §29-2A-20 of said code, all relating to operation of an unmanned aircraft system; providing exceptions; providing criminal penalties of fine and imprisonment for such unlawful operation of an unmanned aircraft system; providing for joint rule-making and enforcement authority by the Division of Homeland Security and Emergency Management and the state Aeronautics Commission over such unlawful operation of an unmanned aircraft system relating to prohibiting the use of unmanned aircraft; and providing exceptions.
Referred to the Committee on the Judiciary.
By Senator Ferns:
Senate Bill 561--A Bill to amend and reenact §33-16B-1, §33-16B-2 and §33-16B-4 of the Code of West Virginia, 1931, as amended, all relating to setting rates for accident and sickness insurance; setting procedures for filing and approval of rates by the Insurance Commissioner; providing for a mechanism to reduce rates based upon the amount of reserves maintained by the insurer; setting forth timelines for approval of rates; allowing the Insurance Commissioner to disapprove rates; requiring notice; setting out rate-making standards; and authorizing rulemaking by the Insurance Commissioner.
Referred to the Committee on Health and Human Resources.
By Senator Snyder:
Senate Bill 562--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-23-12e, relating to the licensing of advance deposit wagering; providing for source market fees; providing for the distribution of those fees from wagers made by account holders located within West Virginia but not within thirty miles of any licensed racing association, for distribution of those fees from wagers made by account holders located within thirty miles of a licensed racing association and for distribution of those fees from wagers made by account holders located within thirty miles of two or more licensed racing associations; providing for regulatory authority in the Racing Commission over advance deposit wagering; providing for the assessment and imposition of regulatory fees and taxes on advance deposit wagering licensees' wagering in West Virginia and for the distribution of the fees and taxes; prohibiting advance deposit wagering in West Virginia unless conducted through an advance deposit wagering licensee or as otherwise provided by law; providing that all advance deposit wagers placed by residents or nonresidents within the state are considered to be wagering within West Virginia subject to the laws of this state and rules of the Racing Commission; authorizing rulemaking; and defining terms.
Referred to the Committee on Finance.
By Senators Gaunch, Blair, Leonhardt, Plymale and Walters:
Senate Bill 563--A Bill to amend and reenact §16-5V-2 of the Code of West Virginia, 1931, as amended, relating to the definition of “accrued benefit” as it applies to the West Virginia Emergency Medical Services Retirement System; and increasing the retirement benefit multiplier for members with more than twenty-five years of credited service.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Boso, Ashley, Carmichael, Mullins and Sypolt:
Senate Bill 564--A Bill to amend and reenact §22C-9-4 of the Code of West Virginia, 1931, as amended, relating to restricting the Oil and Gas Conservation Commission’s authority to regulate setback and spacing between deep wells; prohibiting the commission from establishing spacing restrictions on wells that are operated by the same operator; limiting setbacks from unit boundaries between different operators; limiting the spacing between the wells of different operators; and, to the extent spacing and setback limits are controlled by the commission, limiting the distances that may be established to only those between the producing portions of horizontal wells, not the entire well bore.
Referred to the Committee on Energy, Industry and Mining.
By Senators Boso and Walters:
Senate Bill 565--A Bill to amend and reenact §22-6A-7 of the Code of West Virginia, 1931, as amended, relating to allowing well pad and road construction for oil and gas activities that are done pursuant to a storm water permit; and clarifying that the requirements of the section apply only to well work permits and not storm water permits.
Referred to the Committee on Energy, Industry and Mining.
By Senator Ferns:
Senate Bill 566--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-3-34, relating to creating a new tax on the insurance reserves held by certain accident and sickness insurance carriers operating in West Virginia; and authorizing emergency rules.
Referred to the Committee on Health and Human Resources.
By Senators Boso, Ashley, Blair, Gaunch, Kirkendoll, Maynard, Miller, Mullins, Romano, Williams, Stollings, Plymale and Ferns:
Senate Bill 567--A Bill to amend and reenact §61-3-29 of the Code of West Virginia, 1931, as amended, relating to prohibiting damage to property of railroads, public utilities and certain production storage and distribution facilities; adding electrical storage facilities and timber operations to the protected parties; prohibiting destruction, damage or removal of property resulting in impairment to the normal, safe operation of those facilities; providing criminal penalties; and clarifying persons convicted of section are subject to restitution.
Referred to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill 568--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-23-12e, relating to licensing of out-of-state simulcasting facilities; providing for the assessment of source market fees; providing for the distribution of seventy-five percent of those fees to the live flat track permittees in this state on a number of live days basis, to be used to enhance purses at those tracks; providing for the distribution of ten percent of those fees to in-state West Virginia simulcast permittees, weighted by the annual simulcast handle other than the advanced deposit wagering handle; providing for the distribution of ten percent of those fees to the Thoroughbred Development Fund; and providing for the distribution of five percent of those fees to the Racing Commission for administrative expenses.
Referred to the Committee on Finance.
By Senators Ferns and Plymale:
Senate Bill 569--A Bill to amend and reenact §16-5H-2, §16-5H-5 and §16-5H-7 of the Code of West Virginia, 1931, as amended, all relating to the regulation of chronic pain clinics; updating definitions; deleting an exemption; and clarifying the process for hearing notices upon appeal.
Referred to the Committee on Health and Human Resources.
By Senators Karnes, Carmichael, Cline, Maynard, Mullins and Sypolt:
Senate Bill 570--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-8A-1, §11-8A-2, §11-8A-3, §11-8A-4, §11-8A-5 and §11-8A-6, all relating to allowing local units of government to lower personal property taxes by imposing local sales taxes; setting forth a purpose; not requiring an agreement among local levying bodies; setting the amount of sales tax permitted; determining levy setoff and implementation; establishing a trigger to prohibit the collection of future personal property taxes by any unit of state government; and providing for the sunset of article under certain conditions.
Referred to the Committee on Government Organization.
By Senators Karnes, Boso, Cline, Ferns, Leonhardt, Maynard, Mullins, Sypolt and Trump:
Senate Bill 571--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-16G-10, relating to prohibiting abortion coverage in qualified health care plans issued or renewed on or after January 1, 2017; and providing an exception to the prohibition when a mother’s life is in danger.
Referred to the Committee on the Judiciary.
By Senator Ferns:
Senate Bill 572--A Bill to amend and reenact §33-45-2 of the Code of West Virginia, 1931, as amended, relating to defining the criteria which private insurance carriers operating in West Virginia must consider in setting rates to providers of health care services.
Referred to the Committee on Health and Human Resources.
By Senator Blair:
Senate Bill 573--A Bill to amend and reenact §8-6-1 of the Code of West Virginia, 1931, as amended, relating to prohibiting municipal annexation which would result in an unincorporated territory entirely surrounded by the municipality.
Referred to the Committee on Government Organization.
By Senator Blair:
Senate Bill 574--A Bill to amend and reenact §11-21-51 of the Code of West Virginia, 1931, as amended, relating to requiring the Tax Commissioner to include on West Virginia personal income tax return a short survey asking taxpayer top three preferences where taxpayer’s taxes should be spent and bottom three least preferred preferences where taxpayer’s tax dollars are spent.
Referred to the Committee on Finance.
By Senator Blair:
Senate Bill 575--A Bill to amend and reenact §5A-3-4 of the Code of West Virginia, 1931, as amended, relating to the rules of the Purchasing Division of the Department of Administration; requiring that state leases for office space provide that the landlord or owner is responsible for cleaning or janitorial services; and prohibiting the Purchasing Division from requiring the landlord or owner to use any particular cleaning or janitorial services provider.
Referred to the Committee on Government Organization.
By Senators Sypolt, Ashley, Blair and Karnes:
Senate Bill 576--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-4-9, relating to requiring proceeds of partition of any interest in real property that includes oil and gas but not surface that are due to a person whose name or location are unknown and are unclaimed for five years be paid to the Oil and Gas Reclamation Fund rather than paid or delivered to the Treasurer as abandoned and unclaimed property.
Referred to the Committee on the Judiciary.
By Senators Sypolt, Ashley, Blair, Boso, Karnes and Stollings:
Senate Bill 577--A Bill to amend and reenact §11A-3-19, §11A-3-21 and §11A-3-23 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11A-3-23a; to amend and reenact §11A-3-52, §11A-3-54 and §11A-3-56 of said code; to amend said code by adding thereto a new section, designated §11A-3-58a; and to amend and reenact §11A-4-4 of said code, all relating to permitting surface owners to purchase the mineral interests that lay below the property when the mineral interest becomes subject to a tax lien; establishing procedures; requiring notice; establishing the purchase prices; establishing nonrefundable $20 administrative fees; providing a procedure if more than one surface owner seeks to purchase the delinquent mineral interest; modifying notices to redeem that are sent to property owners; and providing remedies relating to tax sales.
Referred to the Committee on the Judiciary.
Senators Carmichael, Hall, Ashley, Stollings and Plymale offered the following resolution:
Senate Concurrent Resolution 29--Requesting Division of Highways to name bridge number 18-21-0.31 (18A249)(38.55904 – 81.63456), locally known as the Fishers Chapel Bridge, carrying CR 21 over Pocatalico Creek near Sissonville in Jackson County, West Virginia, the “U. S. Army SSG Landon Clair Ray and U. S. Army SPC4 Garry Dwight Haynes Memorial Bridge”.
Whereas, Landon Clair Ray was born July 21, 1936, at Kenna, West Virginia, the son of Mr. and Mrs. Charles Ray of Kenna; and
Whereas, Landon C. Ray graduated from Sissonville High School and was a member of the Pleasant View Church near Kenna; and
Whereas, Staff Sergeant Landon C. Ray served ten years in the United States Army and was a military policeman with Company A, 1st Battalion, 5th Infantry, 25th Infantry Division; and
Whereas, Staff Sergeant Landon C. Ray died February 3, 1967, as a result of wounds received from sniper fire in combat during his second tour of duty in Tay Ninh Province, South Vietnam; and
Whereas, At his death, Staff Sergeant Landon C. Ray was survived by his parents, brothers Raymond and Jobe of Sissonville, and sisters Juanita and Vallie, both at home; and
Whereas, Garry Dwight Haynes was born August 24, 1945, the son of Mr. and Mrs. William H. Haynes of Romance, West Virginia, and was a graduate of Ripley High School; and
Whereas, Army Specialist 4th Class Garry D. Haynes entered the Army in December 1967, and deployed to Vietnam where he was wounded a few months later and spent a month in the hospital before going back into action; and
Whereas, Specialist 4th Class Garry D. Haynes died December 9, 1968, as a result of wounds received while on combat operations in Kien Hoa Province, South Vietnam, where he was engaged in a fire fight with hostile forces; and
Whereas, At his death, Specialist 4th Class Garry D. Haynes was survived by his parents, five brothers and three sisters; and
Whereas, It is fitting that a proper memorial be established for these two young men who gave their lives in service to their country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name Bridge Number 18-21-0.31 (18A249) (38.55904 – 81.63456), locally known as the Fishers Chapel Bridge, carrying CR 21 over Pocatalico Creek near Sissonville, in Jackson County, West Virginia, the “U. S. Army SSG Landon Clair Ray and U. S. Army SPC4 Garry Dwight Haynes Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army SSG Landon Clair Ray and U. S. Army SPC4 Garry Dwight Haynes Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.
Which, under the rules, lies over one day.
Senators Stollings, Plymale and Kirkendoll offered the following resolution:
Senate Concurrent Resolution 30--Requesting Division of Highways to name a new bridge, bridge design number 11166 (with latitude and longitude values of 38.05515, -81.82709), crossing the Little Coal River in Boone County the “Lester W. and Ida C. Ellis Memorial Bridge”.
Whereas, Lester W. Ellis was born May 5, 1904, in Sioux City, Iowa, the oldest child of parents who had immigrated to the United States through Ellis Island from Lebanon; and
Whereas, In 1924, the family moved to Kanawha County, West Virginia, and Lester W. Ellis’s parents peddled merchandise in the Cabin Creek area and operated a grocery store; and worked in the Clothier, West Virginia, area selling items from the trunk of their vehicle; and
Whereas, Due to his determination and work ethic, Lester W. Ellis learned the trade from his father and became an extremely successful businessman; and
Whereas, At a dance somewhere in the South Charleston area in 1930, Lester W. Ellis met Ida Cantees of Williamson, West Virginia; and
Whereas, The couple married June 11, 1933, made a home in Madison and peddled wares in Madison and the Clothier area; and
Whereas, In the late 1930s, Lester W. and Ida C. Ellis, along with Lester’s brother, opened the People’s Department Store, a dry goods store on Main Street in Madison. A few years later, they built on Main Street in Madison another store called The New and Greater Ellis Department Store with their motto being “Growing Bigger– Serving Better”; and
Whereas, Both stores thrived for many years, serving the people of Madison and surrounding areas; and
Whereas, Lester W. Ellis, along with other local business and professional men, chartered the Madison Lions Club in 1943. The club did charitable and civic work that benefited the entire county; and
Whereas, Lester W. Ellis was vice president of the Madison Home Furniture Company which Lester and his brothers opened in a vacated building on Main Street in Madison; and
Whereas, In the early 1960s Lester W. Ellis and other prominent businessmen founded HECK’S, which became a multistate discount store business which operated in West Virginia, Kentucky, Ohio and Virginia. The first of many HECK’S stores opened in 1962 on Washington Street in Charleston, West Virginia. Lester W. Ellis served as Vice President of HECK’S. The “E” in HECK’S represented the Ellis brothers, Lester and Tom; and
Whereas, Ida C. Ellis, a civic-minded citizen and leader in Madison who worked right along with her husband in early business endeavors, later became a stay-at-home mother and homemaker who participated in many civic activities; and
Whereas, Ida C. Ellis was a dedicated member in the Madison Junior Woman’s Club, Wildwood Garden Club, Order of the Eastern Star and the Parent Teacher Association, in which she held various offices; and
Whereas, The couple’s love of community and service to the people of the community helped Madison, West Virginia, become a thriving town; and
Whereas, It is fitting that a memorial be dedicated to recognize the many contributions Lester W. and Ida C. Ellis made to the community of Madison, West Virginia, their generosity to others, strong family ties, and their legacy of family members who continue to carry on the good name and work they started; and
Whereas, A new bridge is being built on property previously belonging to the Ellis family; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name a new bridge, bridge design number 11166 (with latitude and longitude values of 38.05515, -81.82709), crossing the Little Coal River in Boone County the “Lester W. and Ida C. Ellis Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Lester W. and Ida C. Ellis Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.
Which, under the rules, lies over one day.
Senators Kirkendoll, Stollings, Plymale and Kessler offered the following resolution:
Senate Concurrent Resolution 31--Requesting Division of Highways to name bridge number 23-12-0.05 (23A057) (37.87210, -81.98544), locally known as the “Peach Creek Bridge,” carrying CR-12 over Guyandotte River in Logan county, the “U. S. Air Force Staff Sgt Bethel Howard McNeely and U. S. Marine Staff Sgt Clyde Elmo Bryant Bridge”.
Whereas, Staff Sergeant Bethel Howard McNeely was born on January 1, 1922, at Peach Creek, West Virginia, the son of Manny and Mary McNeely of Peach Creek; and
Whereas, Staff Sergeant Bethel Howard McNeely was raised in Logan County and enlisted in the Air Force in September 1942. He served with the 94th Bomb Group, 333rd Bomb Squadron from September 1942 until October 1945 as a Tail Gunner on a B-17 Flying Fortress; and
Whereas, During this time, Staff Sergeant Bethel Howard McNeely flew on 26 missions into Germany and enemy-occupied territory; and
Whereas, Staff Sergeant Bethel Howard McNeely was awarded the Presidential Unit Citation Distinguished Flying Cross, Air Medal with Three Oak Leaf Clusters, the Air Offensive Europe with Battle Star and the European, African and Middle East Theater Ribbons; and
Whereas, Upon returning home, Staff Sergeant Bethel Howard McNeely worked for C&O Railroad until he retired in 1985. Today he resides at Crooked Creek in the home where he raised seven children. His wife was a long-time employee of the Logan County Board of Education, serving in the Payroll Office; and
Whereas, Staff Sergeant Bethel Howard McNeely is a member of the Crooked Creek Church of Christ and much loved in the community; and
Whereas, United States Marine Staff Sergeant Clyde Elmo Bryant enlisted in the service during World War II, in Bridgeport, Connecticut, when he heard of the attack on Pearl Harbor; and
Whereas, After training at Cherry Point and Parris Island, Staff Sergeant Clyde Elmo Bryant was assigned to the Third Marine Division and shipped off to the Pacific. He made beachhead landings at Guam, Bougainville and Iwo Jima, as well as on other smaller islands; and
Whereas, Staff Sergeant Clyde Elmo Bryant was loading wounded Marines for transfer off the Island of Iwo Jima when the famous flag raising photo was taken by Joe Rosenthal; and
Whereas, Staff Sergeant Clyde Elmo Bryant was awarded the Presidential Unit Citation Award and Ribbon Bar for service on Guam, the Asiatic-Pacific Campaign Medal and the Victory Medal; and
Whereas, Staff Sergeant Clyde Elmo Bryant returned home to Logan County at the end of World War II, married Lila Evelyn Wilson and took up residence at Crooked Creek. He raised his four children on Crooked Creek; and
Whereas, Staff Sergeant Clyde Elmo Bryant was a watchmaker and jeweler and operated several businesses in the City of Logan. He was a leader in the Crooked Creek Church of Christ and in many other community organizations. He was a 32 degree Mason; and
Whereas, In 1962, Staff Sergeant Clyde Elmo Bryant was again called to duty as a squad leader and Sergeant 1st class in the 150th Armored Cavalry when the West Virginia National Guard was called up during the “Cuban Missile Crisis”; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 23-12-0.05 (23A057) (37.87210, -81.98544), locally known as the “Peach Creek Bridge,” carrying CR-12 over Guyandotte River in Logan county, the “U. S. Air Force Staff Sgt Bethel Howard McNeely and U. S. Marine Staff Sgt Clyde Elmo Bryant Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Air Force Staff Sgt Bethel Howard McNeely and U. S. Marine Staff Sgt Clyde Elmo Bryant Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, to the family of Howard McNeely and to the family of the late Clyde Bryant.
Which, under the rules, lies over one day.
Senators Gaunch, Stollings, Williams and Kessler offered the following resolution:
Senate Resolution 30—Recognizing John Canfield for his dedicated leadership and service to West Virginia’s insurance community.
Whereas, John Canfield has for many years faithfully and earnestly represented the interests of State Farm Insurance Companies, its policyholders, associates, agents and management; and
Whereas, John Canfield served State Farm Insurance Companies for more than twenty years as an employee of the company and represented it before the executive and legislative branches of the State of West Virginia; and
Whereas, John Canfield has dependably and steadfastly advocated for a competitive and vibrant property and casualty insurance marketplace in the State of West Virginia for more than twenty years; and
Whereas, John Canfield played an instrumental leadership role in the ongoing operations and leadership of the West Virginia Insurance Federation, including serving as its chairman; and
Whereas, John Canfield has ably served as a role model for advocates within the property and casualty insurance business, and the business community generally, and has become a lasting friend and colleague to many; and
Whereas, John Canfield left State Farm and his role representing West Virginia’s insurance community in 2015; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes John Canfield for his dedicated leadership and service to West Virginia’s insurance community; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to John Canfield.
At the request of Senator Gaunch, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Carmichael, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Gaunch, Palumbo, Stollings and Williams offered the following resolution:
Senate Resolution 31—Congratulating Ross Johnson for being named the 2015 Earle S. Dillard Agent of the Year.
Whereas, Ross Johnson was born and raised in Madison, West Virginia, and attended Scott High School; and
Whereas, Ross Johnson is a graduate of Marshall University with a Bachelor’s Degree in Finance and Business Law concentrating in Insurance; and
Whereas, Since 2000, Ross Johnson has been the President and owner of Mountain State Insurance Agency, Inc. in Charleston, West Virginia; and
Whereas, Ross Johnson, through Mountain State Insurance Agency, employs nearly twenty hard working insurance professionals; and
Whereas, Ross Johnson has had a long and productive career, entering his 31st year in the insurance industry; and
Whereas, For all of his efforts and success in the insurance industry, Ross Johnson was presented the Earle S. Dillard Agent of the Year award in the fall of 2015 at the annual convention of the Independent Insurance Agents of West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates Ross Johnson for being named the 2015 Earle S. Dillard Agent of the Year; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Ross Johnson.
At the request of Senator Gaunch, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Carmichael, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Ferns, Stollings, Unger, Prezioso, Williams, Leonhardt and Kessler offered the following resolution:
Senate Resolution 32—Designating February 10, 2016, as Disability Advocacy Day at the Legislature.
Whereas, There are over 400,000 West Virginians with disabilities; and
Whereas, People with disabilities have the right to live, work and fully participate in their communities to realize their dreams; and
Whereas, People with disabilities have the right to receive the support they need to exercise self-determination, achieve independence and become productive employees in the workplace; and
Whereas, West Virginia’s citizens with disabilities have banded together in a collective group, called the Fair Shake Network, to help bring their concerns to the forefront of public awareness; and
Whereas, The Fair Shake Network has developed a statewide network concerned with all types of disabilities and all age groups, providing opportunities for people to learn from each other and take action together; and
Whereas, The Fair Shake Network has become a credible source of information to policymakers, advocates and the public on policies and programs that impact people with disabilities; and
Whereas, Such organizations as the West Virginia Department of Rehabilitation Services, West Virginia Developmental Disabilities Council, West Virginia Parent Training & Information, Job Squad, West Virginia Advocates, Mountain State Centers for Independent Living, Northern West Virginia Center for Independent Living, West Virginia Statewide Independent Living Council, Appalachian Center for Independent Living, West Virginia State Rehabilitation Council, West Virginia Association of the Deaf, Open Doors, Inc., National Association of Social Workers WV Chapter, West Virginia University Center for Excellence in Disabilities, The Arc of West Virginia, People First and West Virginia Autism Training Center at Marshall University have joined together to help increase public awareness of issues involving the many concerns of West Virginians with disabilities through the Fair Shake Network; and
Whereas, The purpose of Disability Advocacy Day is to increase the awareness and understanding of legislators, administrators, policymakers and the public of the public policy issues that are important to people with disabilities; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 10, 2016, as Disability Advocacy Day at the Legislature; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the Fair Shake Network.
At the request of Senator Ferns, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Carmichael, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Petitions
Senator Miller presented a petition from Tim Wheeler and numerous West Virginia residents, opposing the closure of several Bluestone Wildlife Management Area campgrounds.
Referred to the Committee on Natural Resources.
Senator Walters presented a petition from Daniel P. Lutz, Jr., and numerous West Virginia residents, requesting a traffic signal at the intersection of West Virginia State Route 51 and Jefferson County Route 1.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for House Bill 2800, Adding law-enforcement officers' contact information and names of family members to the list of exemptions from public records requests.
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: Ashley, Beach, Blair, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Mullins--1.
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. 2800) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill 2800–A Bill to amend and reenact §29B-1-4 of the Code of West Virginia, 1931, as amended, relating to adding the personal information of public employees and personal information of certain family members of employees of public bodies to the list of exemptions from public records requests; and defining terms.
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 7, Establishing wrongful conduct rule prohibiting recovery of damages in certain circumstances.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Stollings, the following amendment to the bill was reported by the Clerk and adopted:
On page four, section five, lines twenty-three through twenty-six, by striking out all of subsection (d) and inserting in lieu thereof a new subsection, designated subsection (d), to read as follows:
(d) No action may be filed or maintained against a health care provider pursuant to this article by or on behalf of a person whose damages arise as a proximate result of the commission, attempted commission or immediate flight from the commission or attempted commission of a felony or a violent crime which is a misdemeanor or as a result of a violation of the Uniform Controlled Substances Act, as set forth in chapter sixty-a of this code, so long as the health care provider has not illegally dispensed or prescribed a controlled substance or substances to that person. The burden of alleging and proving that the health care provider acted illegally shall be upon the person who seeks to file the claim.
The bill (Com. Sub. for S. B. 7), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill 116, Increasing number of limited video lottery terminals allowed at retail location.
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.
Senate Bill 341, Expiring funds from Insurance Commissioner, Examination Revolving Fund and Insurance Commission Fund to State Fund, General 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 378, Relating to truancy intervention.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill 419, Terminating taxes imposed under Workers' Compensation Debt Reduction Act of 2005.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Karnes, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On pages two and three, lines one through twenty-three, by striking out all of section three-b;
And,
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §4-11A-18 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §11-13V-4 of said code be amended and reenacted; and that §11-21-96 of said code be amended and reenacted, all to read as follows:.
On motion of Senator Kessler, the following amendments to bill (S. B. 419) were next reported by the Clerk and considered simultaneously:
On page five, section four, line fifty-one, by striking out the words “subdivision (2)” and inserting in lieu thereof the words “subdivisions (2) and (3)”;
On page six, section four, after line sixty-five, by adding a new subdivision, designated subdivision (3), to read as follows:
(3) For the period commencing July 1, 2016, the net amount of all moneys received by the Tax Commissioner from collection of the taxes imposed by this section, including any interest, additions to tax, or penalties collected with respect to these taxes pursuant to article ten, chapter eleven of this code, shall be deposited in the Revenue Shortfall Reserve Fund created in subsection (b), section twenty, article two, chapter eleven-b of this code.;
And,
On page six, section four, lines seventy-five through eighty, by striking out all of subsection (g) and inserting in lieu thereof a new subsection, designated subsection (g), to read as follows:
(g) Termination of taxes imposed by this article. – The taxes imposed under this article shall cease, terminate and be of no further force or effect when the balance of the Revenue Shortfall Reserve Fund equals or exceeds thirteen percent of the state’s General Revenue Fund budget for the fiscal year just ended as determined within sixty days of the end of that prior fiscal year as provided by subsection (b), section twenty, article two, chapter eleven-b of this code.
The question being on the adoption of Senator Kessler’s amendments to the bill, the same was put and did not prevail.
The bill (S. B. 419), as amended, was then ordered to engrossment and third reading.
Senate Bill 437, Updating and clarifying code relating to rules governing mixed martial arts.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill 449, Supplemental appropriation from State Fund, General Revenue to Department of Administration, Public Defender Services.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill 450, Supplemental appropriation from State Fund, General Revenue to DHHR, Division of Health.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill 451, Supplemental appropriation from State Fund, General Revenue to Department of Military Affairs.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill 509, Removing 10-day requirement Division of Labor has to inspect amusement rides and attractions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill 73, Creating felony crime of knowingly leaving scene of crash resulting in serious bodily injury.
Com. Sub. for Senate Bill 429, Adopting two National Association of Insurance Commissioners' models to protect enrollees and general public and permit greater oversight.
Com. Sub. for Senate Bill 465, Allowing professional employer insure certain risks through pure insurance captive.
Senate Bill 469, Clarifying what personal funds are exempt from levy following judgment.
Com. Sub. for Senate Bill 501, Relating to trusts.
Com. Sub. for Senate Bill 517, Clarifying PEIA plans that are exempt from regulation by Insurance Commissioner.
And,
Com. Sub. for Senate Bill 524, Rewriting Board of Barbers and Cosmetologists article.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Trump, Snyder, Kirkendoll, Hall, Gaunch, Plymale and Blair.
Thereafter, at the request of Senator Gaunch, and by unanimous consent, the remarks by Senators Trump, Snyder, Kirkendoll and Hall were ordered printed in the Appendix to the Journal.
On motion of Senator Carmichael, a leave of absence for the day was granted Senator Mullins.
Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,
On motion of Senator Carmichael, the Senate adjourned until tomorrow, Thursday, February 11, 2016, at 11 a.m.
____________