WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-THIRD LEGISLATURE

REGULAR SESSION, 2017

TENTH DAY

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Charleston, West Virginia, Friday, February 17, 2017

The Senate met at 11 a.m.

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

Prayer was offered by Dr. D. W. Cummings, Senior Pastor, Bethlehem Apostolic Temple, Wheeling, West Virginia.

The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Ronald F. Miller, a senator from the tenth district.

Pending the reading of the Journal of Thursday, February 16, 2017,

At the request of Senator Boley, 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 fourth order of business.

Senator Takubo, 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 37, Raising legal age for purchase of tobacco, alternative nicotine and vaper products to 21.

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,

Tom Takubo,

Chair.

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

Senator Takubo, 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 40, Requiring inclusion of protocols for response to after-school emergencies in school crisis response plans.

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

Com. Sub. for Senate Bill 40 (originating in the Committee on Health and Human Resources)—A Bill to amend and reenact §18-9F-9 of the Code of West Virginia, 1931, as amended, relating to requiring that the State Board of Education include, in the legislative rule on a model school crisis plan that it promulgates, certain protocols for responding to injuries and other medical emergencies on school property after normal school hours in school crisis response plans by certain date; providing the applicability and requirements of those protocols as they apply to sports injuries; setting forth a limitation of liability; and providing for an effective date.

With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Education.

Respectfully submitted,

Tom Takubo,

Chair.

The bill (Com. Sub. for S. B. 40), under the original double committee reference, was then referred to the Committee on Education.

Senator Smith, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:

Your Committee on Energy, Industry and Mining has had under consideration

Senate Bill 106, DEP rule relating to various permits.

Senate Bill 110, DEP rule relating to emission standards for hazardous air pollutants.

Senate Bill 111, DEP rule relating to ambient air quality standards.

Senate Bill 112, DEP rule relating to voluntary remediation and redevelopment.

And,

Senate Bill 113, DEP rule relating to awarding of matching grants for local litter control programs.

And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.

Respectfully submitted,

Randy E. Smith,

Chair.

The bills, under the original double committee references, were then referred to the Committee on the Judiciary.

Senator Takubo, 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 187, Providing for confidentiality of patients’ medical records.

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,

Tom Takubo,

Chair.

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

Senator Takubo, 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 188, Correcting definition of “telehealth” in medication-assisted treatment programs.

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

Respectfully submitted,

Tom Takubo,

Chair.

Senator Swope, from the Committee on the Workforce, submitted the following report, which was received:

Your Committee on the Workforce has had under consideration

Senate Bill 191, Relating to tax credits for apprenticeship training in construction trades.

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

Com. Sub. for Senate Bill 191 (originating in the Committee on the Workforce)—A Bill to amend and reenact §11-13W-1 of the Code of West Virginia, 1931, as amended, relating to tax credits for apprenticeship training in construction trades; removing requirement that eligibility is limited to programs jointly administered by labor and management trustees; and requiring that taxpayers seeking to take advantage of the apprenticeship tax credit must perform an employment eligibility check with the E-verify system and maintain those records for a minimum of five years.

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,

Chandler Swope,

Chair.

The bill (Com. Sub. for S. B. 191), under the original double committee reference, was then referred to the Committee on Finance.

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

Your Committee on the Judiciary has had under consideration

Com. Sub. for Senate Bill 222 (originating in the Committee on the Workforce), Relating to disqualification for unemployment benefits.

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

Com. Sub. for Com. Sub. for Senate Bill 222 (originating in the Committee on the Judiciary)—A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as amended, relating to disqualification for unemployment benefits; providing that an individual is disqualified for benefits for any week or portion of a week in which he or she left or lost his or her job as a result of a strike or other bona fide labor dispute; clarifying that a lockout is not a strike; providing that operation of a facility by nonstriking employees, contractors or other personnel is not reason to grant benefits; establishing the circumstances when a worker is determined to leave or lose employment by reason of a lockout; providing the circumstances when a worker is determined to be permanently replaced by another employee; providing that contractors or employees who perform the work of a striking worker on a temporary basis are not to be determined to have permanently replaced a striking worker; and describing the circumstances under which employees and contractors are hired to perform striking employees’ work on a temporary basis.

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

Respectfully submitted,

Charles S. Trump IV,

Chair.

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

Your Committee on Education has had under consideration

Senate Bill 242, Relating to primary and secondary school instructional terms.

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

Com. Sub. for Senate Bill 242 (originating in the Committee on Education)—A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-5A-5 of said code, all relating to school calendars; removing the word “separate” throughout the section as it relates to the number of instructional days in the school calendar; designating one noninstructional day for teachers as a preparation day for opening school and another for teachers as a preparation day for closing school, but allowing teacher preparation days to be used for certain other purposes at teacher’s discretion; increasing number of two-hour blocks for faculty senate meetings from four to six; removing requirement that faculty senate meetings be held once every forty-five days; permitting certain accrued minutes to be used for lost instructional days; requiring that any reimagining student instructional days be exhausted prior to using accrued minutes for lost instructional days; and encouraging the use of reimagining student instructional days to achieve the 180 instructional day requirement.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Kenny Mann,

Chair.

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

Your Committee on the Judiciary has had under consideration

Senate Bill 320, Creating Appropriation Supremacy Act of 2017.

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

Com. Sub. for Senate Bill 320 (originating in the Committee on the Judiciary)—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-4-1, §4-4-2, §4-4-3, §4-4-4, §4-4-5 and §4-4-6, all relating to the Appropriation Supremacy Act of 2017; creating short title; defining terms; setting forth legislative findings and purpose; establishing that appropriations by the Legislature take precedence over contrary directives in statute or rules; clarifying that no statutory changes are required to correspond with conflicting budget appropriations; providing for liberal construction of article; setting forth manner in which statute can be exempt from scope of article; and recognizing constitutional restrictions on appropriations.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Ryan W. Weld,

Vice Chair.

Senator Hall moved that the bill (Com. Sub. for S. B. 320) contained in the foregoing report from the Committee on the Judiciary be referred to the Committee on Finance.

Senator Hall then requested unanimous consent that his foregoing motion be withdrawn.

Senator Beach objecting.

The Chair stated that, under Rule XVI, Clause 2, of the Rules of the House of Representatives, the Senator is allowed to withdraw his motion.

Whereupon, Senator Hall’s aforestated motion was withdrawn.

Thereafter, on motion of Senator Hall, the bill (Com. Sub. for S. B. 320) contained in the foregoing report from the Committee on the Judiciary was then referred to the Committee on Rules.

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

Your Committee on the Judiciary has had under consideration

Senate Bill 330, Relating to WV Workplace Freedom Act.

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

Respectfully submitted,

Charles S. Trump IV,

Chair.

The Senate proceeded to the sixth order of business.

On motions for leave, severally made, the following bills were introduced, read by their titles and referred to the appropriate committees:

By Senator Trump:

Senate Bill 340—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-31, relating to an offer of settlement; acceptance or rejection; consequences; frivolous claims or defenses.

Referred to the Committee on the Judiciary.

By Senators Ferns, Palumbo, Plymale, Mullins, Stollings, Takubo, Cline, Maroney and Unger:

Senate Bill 341—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2, §11-13DD-3, §11-13DD-4, §11-13DD-5, §11-13DD-6, §11-13DD-7, §11-13DD-8, §11-13DD-9 and §11-13DD-10, all relating to establishing a West Virginia business growth in low-income communities tax credit; providing title; defining terms; establishing amount of credit allowed; transferability; certification of qualified equity investment; recapture of tax credits; notice of noncompliance; letter rulings; new capital requirement; and reporting.

Referred to the Committee on Economic Development; and then to the Committee on Finance.

By Senators Rucker, Azinger, Blair, Maynard, Ojeda, Mullins, Cline and Unger:

Senate Bill 342—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §56-4-72, relating to providing compensation to victims of abusive lawsuits; and providing that a party in a civil action is entitled to recover attorney’s fees and costs after a court dismisses a claim as lacking any basis in law or fact.

Referred to the Committee on the Judiciary.

By Senator Beach:

Senate Bill 343—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §17-29-15a and §17-29-15b, all relating to prohibiting transportation network company drivers from soliciting rides or occupying designated cab stands; requiring such drivers to register annually with the local county commission at the commission’s discretion; and criminal penalties.

Referred to the Committee on Transportation and Infrastructure; then to the Committee on Government Organization; and then to the Committee on the Judiciary.

By Senators Trump, Gaunch, Azinger and Blair:

Senate Bill 344—A Bill to amend and reenact §46A-2-115 of the Code of West Virginia, 1931, as amended; and to amend and reenact §46A-3-111, §46A-3-112 and §46A-3-113 of said code, all relating to application of payments and partial payments on a consumer credit sale and consumer loans; and assessing delinquency charges on such loans.

Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

By Senators Maynard, Jeffries, Mullins, Takubo, Cline, Weld and Maroney:

Senate Bill 345—A Bill to repeal §20-2-19a of the Code of West Virginia, 1931, as amended; and to amend and reenact §20-2-5, §20-2-42g and §20-2-42h of said code, all relating to hunting; and removing restrictions for hunting or trapping on private lands on Sundays.

Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.

By Senators Blair and Boso:

Senate Bill 346—A Bill to amend and reenact §24A-1-3 of the Code of West Virginia, 1931, as amended, relating generally to the jurisdiction of the Public Service Commission over motor carriers; and exempting vehicles engaged in nonemergency transportation of Medicaid members from permit requirements.

Referred to the Committee on Government Organization.

By Senators Takubo, Stollings and Maroney:

Senate Bill 347—A Bill to repeal §30-3E-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-3-5 of said code; to amend and reenact §30-3E-1, §30-3E-2, §30-3E-3, §30-3E-4, §30-3E-6, §30-3E-7, §30-3E-9, §30-3E-10, §30-3E-11, §30-3E-12, §30-3E-15, §30-3E-16 and §30-3E-17 of said code; and to amend said code by adding thereto a new section, designated §30-3E-12a, all relating to modernization of the Physician Assistant Practice Act; modifying the Board of Medicine to add an additional physician assistant to the board; substituting collaborating physician for supervising physician; defining terms; allowing a physician assistant to prescribe Schedule II and Schedule III drugs with specified limitations; eliminating the requirement that physician assistants be required to take a recertification exam after passing the initial exam; allowing for reimbursement rates from insurance plans and public payers at the same rate physicians and advance practice registered nurses in specified circumstances; adding requirements to the practice agreement; granting physician assistants signatory authority on certain forms; and making conforming amendments.

Referred to the Committee on Health and Human Resources.

By Senator Trump:

Senate Bill 348—A Bill to amend and reenact §17C-2-8 of the Code of West Virginia, 1931, as amended, relating to parking along state highways; prohibiting local authorities from allowing parking along U. S. and primary state highways when doing so reduces flow of traffic to less than one lane of traffic moving in each direction; providing exception for one-way state highways; and requiring Division of Highways to erect appropriate signage.

Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.

By Senators Trump, Blair and Boso:

Senate Bill 349—A Bill to repeal §25-1-10 of the Code of West Virginia, 1931, as amended, relating to the Commissioner of the Division of Corrections being responsible to insure all state buildings and property.

Referred to the Committee on Government Organization.

Senators Rucker, Azinger, Blair, Boley, Boso, Cline, Maynard, Miller, Ojeda, Smith, Sypolt, Trump, Plymale and Stollings offered the following resolution:

Senate Concurrent Resolution 17—Requesting the Division of Highways name bridge number 19-340-14.66 (19A037), (39.32014, - 77.74155), locally known as Harpers Ferry Bridge, carrying US 340 over the Shenandoah River, Park Access Road and CSX Railroad in Jefferson County, the “John Hancock Hall Memorial Bridge”.

Whereas, John Hancock Hall was the inventor of the M1819 Hall breech-loading rifle and was a mass production innovator; and

Whereas, In 1819, John Hancock Hall, a New England gun maker, signed a contract with the United States War Department to produce 1,000 breech-loading rifles, a weapon he had designed and patented in 1811; and

Whereas, Under the terms of the contract, Hall came to Harpers Ferry where he constructed an industrial complex along the Shenandoah River. This site soon became known as Hall’s Rifle Works and the small island on which it stood was called Lower Hall Island; and

Whereas, Hall spent several years tooling new workshops and perfecting precision machinery for producing rifles with interchangeable parts—a boldly ambitious goal for an industry which was traditionally based on the manual labor of skilled craftsmen; and

Whereas, Hall’s innovations in construction, tools, controls, stops and gauges were historic breakthroughs in milling iron and machine tools; and

Whereas, The men who had learned Hall’s methods of interchangeable parts, while working at his factories in Harpers Ferry, went on to apply those methods to production of shoes, watches, clocks, bicycles, clothing, rubber goods, and later, automobiles. Hall’s methods transformed the United States from an economy of workshop craftsmen to a nation of industrialized mass production, the American System; and

Whereas, Hall’s achievement formed the basis of mass production that ushered in our modern age; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 19-340-14.66 (19A037), (39.32014, - 77.74155), locally known as Harpers Ferry Bridge, carrying US 340 over the Shenandoah River, Park Access Road and CSX Railroad in Jefferson County, the “John Hancock Hall Memorial Bridge”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “John Hancock Hall Memorial Bridge”; and, be it

Further Revolved, 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.

The Senate proceeded to the seventh order of business.

Senate Concurrent Resolution 16, Urging WV congressional delegation require DHHR renegotiate state Medicaid expansion contracts.

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. Com. Sub. for Senate Bill 127, Authorizing Department of Revenue to promulgate legislative rules.

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: Azinger, Beach, Blair, Boley, Boso, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)—32.

The nays were: None.

Absent: Clements and Romano—2.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 127) passed with its title.

Senator Ferns moved that the bill take effect from passage.

On this question, the yeas were: Azinger, Beach, Blair, Boley, Boso, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)—32.

The nays were: None.

Absent: Clements and Romano—2.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 127) takes effect from passage.

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

Eng. Senate Bill 174, Exempting transportation of household goods from PSC jurisdiction.

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: Azinger, Blair, Boley, Boso, Cline, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)—29.

The nays were: Beach, Facemire and Miller—3.

Absent: Clements and Romano—2.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. 174) passed with its title.

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

Eng. Com. Sub. for Senate Bill 230, Relating to certain WV officials carrying concealed firearm nationwide.

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

The nays were: None.

Absent: Clements and Romano—2.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 230) passed with its title.

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

Eng. Com. Sub. for Senate Bill 233, Excluding from protection oral communications uttered in child care center under Wiretapping and Electronic Surveillance Act.

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

The nays were: None.

Absent: Clements and Romano—2.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 233) passed with its title.

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

The Senate proceeded to the ninth order of business.

Com. Sub. for Senate Bill 116, Governor’s Committee on Crime, Delinquency and Correction rule relating to law-enforcement training and certification standards.

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

Senate Bill 172, Eliminating salary for Water Development Authority board members.

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

Senate Bill 215, Allowing county commissions authority to amend proposed rates, fees and charges proposed by public service districts.

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 247, Authorizing prosecuting attorney designate and deliver grand jury records for investigative purposes.

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 248, Clarifying composition and chairmanship of Commission on Special Investigations.

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 134, Authorizing Bureau of Commerce to promulgate legislative rules.

Com. Sub. for Senate Bill 202, Relating to pawnbrokers generally.

And,

Com. Sub. for Senate Bill 249, Relating to information required in abstract of judgment.

The Senate proceeded to the thirteenth order of business.

On motion of Senator Unger, a leave of absence for the day was granted Senator Romano.

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

Remarks were made by Senator Karnes.

The Senate again proceeded to the thirteenth order of business.

At the request of Senator Facemire, the name of Senator Facemire was removed as a sponsor of Senate Bill 60 (Relating to eligibility and fraud requirements for public assistance).

Pending announcement of meetings of standing and select committees of the Senate, including a majority party caucus,

On motion of Senator Ferns, the Senate adjourned until Monday, February 20, 2017, at 11 a.m.

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