WEST VIRGINIA LEGISLATURE
SENATE
JOURNAL
EIGHTY-THIRD LEGISLATURE
REGULAR
SESSION, 2017
____________
Charleston, West Virginia, Thursday, March 16, 2017
The Senate met at
(Senator Carmichael, Mr. President, in the
Chair.)
??????????? Prayer was offered by
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Charles H.
Clements, a senator from the
Pending the reading of the Journal of Wednesday, March 15, 2017,
At the request of Senator
The Senate proceeded to the second order of business and the introduction
of guests.
??????????? The Clerk presented the following communications from a state agency as required by the provisions of law:
??????????? Court of Claims
??????????????????????? Annual Report (?14-2-25)
Crime Victims Compensation Fund (?14-2A-21)
The Senate proceeded to the
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate amendments to
the House of Delegates amendments to, and the passage as amended, with its
Senate amended title, to take effect
Eng.
Senate Bill 231, Relating to State Board of Education and
Medicaid-eligible children.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
Com. Sub. for House Bill 2167, Creating a Silver Alert program
for senior citizens.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate amended title,
passage as amended, of
Eng.
Com. Sub. for House Bill 2301, Relating to direct primary care.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate amended title,
passage as amended, of
Eng.
House Bill 2431, Allowing influenza immunizations to be
offered to patients and residents of specified facilities.
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 2618?A Bill to amend and reenact ?18-2-7a of the
Code of West Virginia, 1931, as amended, all relating to body mass index.
Referred to the Committee on
The Senate proceeded to the
??????????? 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 15th day of March, 2017,
presented to His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House of
Delegates:
??????????? (Com.
Sub. for H. B. 2347), Allowing
schools licensed to provide barber, cosmetology and related training to hold
theory classes and clinical classes at different locations.
??????????????????????????????????????????????????????????????????????? Respectfully
submitted,
??????????????????????????????????????????????????????????????????????? ??Mark R.
Maynard,
??????????????????????????????????????????????????????????????????????? ??? Chair,
Senate Committee.
??????????????????????????????????????????????????????????????????????? ? Roger Hanshaw,
??????????????????????????????????????????????????????????????????????? ??? Chair,
House Committee.
Senator
Your Committee on
Com. Sub. for Senate Bill 290 (originating in the Committee on
And reports back a committee substitute for same with the following
title:
Com. Sub. for Com. Sub. for
Senate Bill 290 (originating
in the Committee on
With the recommendation that the committee substitute for committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 374, Relating to computing retirement benefits for
certain members of Legislature.
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
Respectfully submitted,
?
??? Chair.
The bill, under the original double committee reference, was then
referred to the Committee on
Senator
Your Committee on
Senate Bill 608, Clarifying lawful business structures are
unaffected by enactment of prohibitory legislation.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
The Senate proceeded to the
Senator
Your Select Committee on Tax Reform has had under consideration
Senate Bill 335, Repealing consumers sales and service tax,
use tax and personal income tax.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 335 (originating in the Select Committee on Tax
Reform)?A Bill to amend and
reenact ?8-1-5a of the Code of West Virginia, 1931, as amended; to amend said
code by adding thereto a new section, designated ?8-13C-15; to amend said code
by adding thereto two new sections, designated ?11-13A-26 and ?11-13A-27; to amend said code by adding thereto a
new article, designated ?11-13DD-1, ?11-13DD-2, ?11-13DD-3 and ?11-13DD-4; to
amend said code by adding thereto a new article, designated ?11-13EE-1,
?11-13EE-2, ?11-13EE-3 and ?11-13EE-4; to amend said code by adding thereto a new
section, designated ?11-15-34; to amend said code by adding thereto a new
section, designated ?11-15A-30;
to amend said code by adding thereto a new article, designated ?11-15C-1,
?11-15C-2, ?11-15C-3, ?11-15C-4, ?11-15C-5, ?11-15C-6, ?11-15C-7, ?11-15C-8,
?11-15C-9, ?11-15C-10, ?11-15C-11, ?11-15C-12, ?11-15C-13, ?11-15C-14,
?11-15C-15, ?11-15C-16, ?11-15C-17, ?11-15C-18, ?11-15C-19, ?11-15C-20,
?11-15C-21, ?11-15C-22, ?11-15C-23, ?11-15C-24, ?11-15C-25, ?11-15C-26 and
?11-15C-27; to amend and reenact ?11-16-13 of said code; to amend and reenact
?11-17-4b of said code; to amend and reenact ?11-19-1 and ?11-19-2 of said
code; to amend said code by adding thereto a new section, designated ?11-21-4g;
to amend and reenact ?11-21-8a of said code; to amend and reenact ?11-21-12 of
said code; to amend and reenact ?11-24-4 of said code; to amend and reenact
?11-24-23a of said code; and to amend and reenact ?60-3A-17 of said code, all relating generally to
creating the 2017 Tax Reform Act;
preserving the municipal sales and use taxes; contingently reducing the rate of
the severance tax on certain natural resource production; prospectively
balancing of the rate of the severance tax on the production of coal; providing
a refundable credit based on the earned income of low-income workers; providing
a refundable credit based on the fixed income of low-income senior citizens;
prospectively repealing the consumers sales and service tax and the use tax;
prospectively increasing the rates of tax on sales of non-intoxicating beer;
prospectively repealing the excise tax on e-cigarette liquids; prospectively
increasing the rate of tax on sales of soft drinks; reducing, making uniform,
contingently phasing down the rate of, and ultimately repealing, the personal
income tax; prospectively increasing the personal income tax credit for
qualified rehabilitated building investments; prospectively exempting from the
personal income tax all social security retirement, survivors? and disability
income, and all retirement income for military service; contingently phasing
down the rate of, and ultimately repealing, the corporation net income tax;
prospectively increasing the corporation net income tax credit for qualified
rehabilitated building investments; prospectively increasing the state?s
profits on wholesale liquor sales and enacting the revised sales, service and
use tax law; making findings; defining terms; imposing the tax; authorizing
exemptions; providing compliance procedures; dedicating portions of the
revenue; and establishing effective dates with respect thereto.
With the recommendation that the committee substitute do pass; but under
the original double committee reference first be referred to the Committee on
Respectfully submitted,
?
??? Chair.
The bill (Com. Sub. for S. B. 335), under the original double committee
reference, was then referred to the Committee on
The Senate proceeded to the
On motions for leave, severally made, the
following bills and joint resolution were introduced, read by their titles and
referred to the appropriate committees:
By
Senator Boso:
Senate
Bill 621?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated ?29A-3B-13, relating to providing that at any
point after a county board of education provides written notice to the state
board that it is considering or in the process of closing or consolidating a
school or schools, any revision or supplementation to certain rules is not applicable
to the school closing or consolidation project described in the county board?s
notification to the state board.
Referred to the Committee on Education.
By
Senator Hall:
Senate
Bill 622?A Bill to amend and reenact ?11-10-12 of the Code of West Virginia, 1931,
as amended, relating generally to tax procedures and administration; providing
for additional circumstances when the Tax Commissioner may withdraw tax liens;
and providing for additional circumstances when the Tax Commissioner may issue
a certificate of release of lien.
Referred to the Committee on Finance.
By
Senator Hall:
Senate
Bill 623?A Bill to amend and reenact ?19-23-7 of the Code of West Virginia, 1931,
as amended, relating to changing the license period for horse and dog racing
from a calendar year to a fiscal year basis effective July 1, 2017; to
terminate any horse or dog racing licenses issued by the Racing Commission for
calendar year 2016 effective June 30, 2017; and removing the requirement that a
license applicant apply for not less than two hundred racing dates.
Referred to the Committee on Finance.
By
Senator Hall:
Senate
Bill 624?A Bill to amend and reenact ?19-23-12b of the Code of West Virginia,
1931, as amended; to amend and reenact ?29-22A-3 of said code; and to amend and reenact
?29-22C-10 of said code, all relating to decreasing the minimum number of live
racing days that a horse racing licensee must conduct in order to contract with
any legal wagering entity in this state or in any other governmental
jurisdiction to receive telecasts and accept wagers conducted by the legal
wagering entity; allowing a license applicant to apply for fewer than the
minimum number of live racing dates in certain circumstances and to establish
the process to be used for determining such an application; allowing a racing
licensee to request that it be permitted to reduce the number of live racing
days that it conducts after its license has been granted if there are
insufficient purse funds or other just cause; establishing that a person
authorized to act upon behalf of the group representing the majority of owners
and trainers at the requesting track or a person authorized to act upon behalf
of the majority of mutuel clerks at the requesting track has standing to file
an objection with the Racing Commission to a request from a racing licensee to
reduce the number of live racing days after its license has been granted;
authorizing the Racing Commission to promulgate rules to govern hearings that
it holds to determine the required number of live racing days under; reducing
the number of live racing days which a racing licensee shall not be approved by
the racing commission unless it meets certain criteria; and requiring a racing
licensee to submit a current financial statement pertaining to its racing operations
and its purse fund account if it makes a request to conduct fewer live racing
days.
Referred to the Committee on Finance.
By
Senator Hall:
Senate
Bill 625?A Bill to amend and reenact ?47-20-23 of the Code of West Virginia, 1931,
as amended; and to amend and reenact ?47-21-21 of said code, all relating
generally to charitable bingo games and charitable raffles; and setting forth
procedures for appealing administrative sanctions against charitable bingo or
charitable raffle licensee by timely petitioning the Office of Tax Appeals.
Referred to the Committee on Finance.
By
Senator Maynard:
Senate
Bill 626?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated ?18-5A-7, relating to teachers posting online a
required calendar of scheduled activities in their classes that can be viewed
by the parents of their students.
Referred to the Committee on Education.
By
Senators Karnes and Facemire:
Senate
Bill 627?A Bill to amend and reenact ?17C-6-2 of the Code of West Virginia, 1931,
as amended, relating to the establishment of an eighty-mile per hour speed
limit on interstate highways and four-lane limited access highways in this
state; and providing an exception for those highways passing through city
limits.
Referred to the Committee on Transportation
and Infrastructure.
By
Senators Rucker, Boso, Sypolt, Trump and Cline:
Senate
Bill 628?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated ?15-5-29; to amend and reenact ?50-3-2 of
said code; and to amend and reenact ?62-5-10 of said code, all relating to
providing funding for the Statewide Interoperable Radio Network through
additional court costs to be imposed in criminal cases.
Referred to the Committee on the Judiciary;
and then to the Committee on Finance.
By
Senator Boso:
Senate
Bill 629?A Bill to amend and reenact ?15-5A-5 of the Code of West Virginia, 1931, as
amended, relating to collection of Tier II fees for chemical inventories.
Referred to the Committee on Government
Organization; and then to the Committee on Finance.
By
Senators Mann, Hall and Sypolt:
Senate
Bill 630?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated ?18-5F-1, ?18-5F-2, ?18-5F-3, ?18-5F-4 and
?18-5F-5, all relating to establishing the Accessibility and Equity in Public Education
Enhancement Act; setting forth legislative findings and purpose; defining terms;
allowing a county board or a multicounty consortium to create a virtual
instruction program for one or more schools serving any composition of grades
kindergarten through twelve by adopting a policy creating the program and
contracting with virtual school providers; requiring students to be counted in
the net enrollment of the school district for the purposes of calculating state
aid, be subject to the same state assessment requirements as other students in the
school district and receive a diploma upon completing the virtual instruction
program requirements; exempting, to a limited extent, certain students, parents
and school districts from certain laws and state board policies that pertain to
requiring the student to be in a school building receiving instruction for any
set period of time; providing that a participating student be considered to be
attending a certain school; allowing the student to participate in any
cocurricular and extracurricular activities of the school under the same
requirements imposed on traditional students attending the school; exempting a
county board from certain provisions of law or state board rule to the extent
any conflict with the delivery of the program; exempting a county board from
certain online course restrictions; requiring coursework offered through a
program be aligned to certain academic standards; and requiring the assessment
results of a student be included in the assessment results of the school in
which the student is considered to be enrolled and the school district for
purposes of accountability.
Referred to the Committee on Education.
By
Senator Karnes:
Senate
Joint Resolution 8?Proposing
an amendment to the Constitution of the State of West Virginia, amending article
X thereof by adding thereto a new section, designated section thirteen,
relating to fair and simple tax reform; repealing sections of article X;
repealing the personal property tax; limitations on the personal income tax;
authorizing new classes of real property taxes; creating a state infrastructure
and equalization fund; providing for block grants to local schools and
governments for education and infrastructure; establishing exemptions to the
real property tax; limiting the excise tax, sales and use tax, corporate net
income tax and other taxes; redirecting bond revenue; limiting reinstatement of
taxes; grandfathering tax benefits earned prior to the ratification of this
amendment; establishing a supremacy clause; providing for general law implementation;
numbering and designating such proposed amendment; and providing a summarized
statement of the purpose of such proposed amendment.
??????????? Referred to the Select Committee on
Tax Reform; and then to the Committee on the Judiciary.
??????????? Senators Boso, Stollings and Beach
offered the following resolution:
??????????? Senate Concurrent Resolution 42?Requesting the Division of Highways to name bridge number 12-48-1.74, EB-WB (12A120,12A121), (39.21219, -79.26886), locally known as US 48 over Stony River Bridge, carrying US 48 over the Stony River in Grant County, the ?Five Champ Brothers Bridge?.
Whereas, The five sons of
Quinten and Bessie Champ, were born in Medley, Grant County and each served in
the armed forces of the United States. Carl E. Champ, P.O. Box 62, Old Fields,
West Virginia, 26845, Date of Service: 1964 to 10/16/1968, Discharge Rank E4. Awards: Combat Infantry Badge, Parachute Badge, Bronze
Star Vietnam: 1 Tour. Gary Dean Champ, Purgisville, West Virginia, Date of
Service: 2/18/65 to 1/23/67, 5 years Active
Reserves, Discharge Date 2/10/71 from Reserves, Discharge Rank: E5. Roger D.
Champ, P.O. Box 395, Moorefield, West Virginia, 26836, Date of Service: 3/12/64
to 2/25/66 and 8/23/68 to 1971, Vietnam, served two tours, 1969 to 1971. Awards: Silver Star for Gallantry in Action and Bronze Star Wounded in Vietnam. John Champ,
Purgisville, West Virginia, Dates of Service: 9/21/67 to 7/05/68 Medical
Discharge, Discharge Rank: E5O; and Charles E. Champ, Old Fields, West
Virginia, Date of Service: 7/1961 to 10/1964, Stations: Fort Knox, Kentucky;
Fort Riley, Kansas; and Germany, Rank: E4; and
Whereas, Naming
this bridge is an appropriate recognition of the five Champ brothers and their
service to their country and state; therefore, be it
Resolved by the Legislature of West Virginia:
That
the Division of Highways is hereby requested to
name bridge number 12-48-1.74, EB-WB (12A120,
12A121), (39.21219, -79.26886), locally
known as US 48 over Stony River Bridge, carrying US 48 over the Stony River in
Grant County, the ?Five Champ Brothers Bridge?; and, be it
Further Resolved,
That the Division of Highways is requested to have made and be placed signs
identifying the bridge as the ?Five Champ Brothers 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 Palumbo, Stollings, Beach, Facemire and Plymale offered the
following resolution:
Senate Resolution 38?Recognizing Karen Donathan for her exemplary service to West Virginia in computer science education and congratulating her for winning the Award for Teaching Excellence in Computer Science.
Whereas, Founded in 2004, the Computer Science Teachers Association has grown into a dynamic and vibrant organization of professionals interested in supporting computer science education in K-12. Today, their membership consists of more than 25,000 members from more than 145 countries; and
Whereas, The Computer Science Teachers Association?s mission is to empower, engage and advocate for K-12 computer science teachers worldwide; and
Whereas, Karen Donathan is a member of the Computer Science Teachers Association and is a computer science teacher at George Washington High School in Charleston, West Virginia; and
Whereas, Computer science teachers shoulder a tremendous responsibility as stewards of our children?s computer science education that will influence and shape our digital future; and
Whereas, For her innovative and enthusiastic approach to teaching computer science at George Washington High School, Karen Donathan was one of only 10 teachers from around the world to be named a winner of the Award for Teaching Excellence in Computer Science; therefore be it
Resolved by the
That the Senate hereby recognizes Karen Donathan for her exemplary service to West Virginia in computer science education and congratulates her for winning the Award for Teaching Excellence in Computer Science; and, be it
Further Resolved, That the Senate extends its sincere appreciation and gratitude to Karen Donathan for her dedicated public service to the children of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy
of this resolution to Karen Donathan.
At the request of Senator
Thereafter, at the request of Senator
On motion of Senator Ferns, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed
business under the sixth order.
Senators Palumbo, Stollings, Beach, Facemire, Plymale, Unger, Cline and
Prezioso offered the following resolution:
Senate Resolution 39?Designating March 16, 2017, as Innovation and Entrepreneurship Day at the Capitol.
Whereas, Research and innovation continue to be bedrocks of the nation?s economic strength and vitality, and facilitating innovation-based economic development and the growth of entrepreneurial companies are critical to our state?s future and prosperity; and
Whereas, Entrepreneurs and small businesses create the vast majority of the new jobs in the United States; and
Whereas, Research and development activities being done in both federally funded, university and private laboratories in our state are important for new discoveries, scientific and engineering solutions and potential commercialization opportunities; and
Whereas, Innovations in manufacturing, such as 3D printing, are opening new opportunities for West Virginia?s small manufacturing firms to develop new products and processes to improve their bottom lines; and
Whereas, Improving access to early stage, seed and risk capital remains a critical need that is being addressed by various programs, such as the West Virginia Capital Access Program, the INNOVA Commercialization Fund, the West Virginia Jobs Investment Trust and other vital lending programs; and
Whereas, More than 130 organizations, agencies and companies are working together to help advance the state?s innovation and entrepreneurship potential and capacity; and
Whereas, West Virginia has developed an integrated ecosystem of public and private organizations, agencies and financial firms working collaboratively to spur entrepreneurship, innovation enterprises and job creation; and
Whereas, Many of these innovation drivers are here at the Capitol today as part of the Innovation and Entrepreneurship Day hosted by TechConnect West Virginia and TransTech Energy Business Development Program; therefore, be it
Resolved by the
That the Senate hereby designates March 16, 2017, as Innovation and Entrepreneurship Day at the Capitol; and, be it
Further Resolved, That the Senate acknowledges the long-term economic opportunities that an innovation-based economy and entrepreneurial culture can provide our state?s citizens; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy
of this resolution to the representatives of TechConnect West Virginia and
TransTech Energy Business Development Program.
At the request of Senator
Thereafter, at the request of Senator
On motion of Senator Ferns, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and, at the request
of Senator Plymale, unanimous consent being granted, returned to the second
order of business and the introduction of guests.
Thereafter, at the request of Senator
The Senate again proceeded to the sixth order of business.
Petitions
Senator
Referred to the Committee on
The Senate proceeded to the seventh order
of business.
Senate
Concurrent Resolution 39, US Army PFC Kelva H. Justice Memorial Road.
On unfinished business, coming up in
regular order, was reported by the Clerk and referred to the Committee on
Senate
Concurrent Resolution 40, Requesting study on available funds for
improvements at Beech Fork State Park and Cacapon Resort State Park.
On unfinished business, coming up in
regular order, was reported by the Clerk and referred to the Committee on
Senate
Concurrent Resolution 41, US Army PV2 Mandvial S. ?Bunker? Bias Memorial
Bridge.
On unfinished business, coming up in
regular order, was reported by the Clerk and referred to the Committee on
The Senate proceeded to the eighth order of
business.
Eng.
Com. Sub. for Com. Sub. for Senate Bill 186, Adjusting
date when children become eligible for certain school programs and school
attendance requirements.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
Pending discussion,
Senator Unger moved that Engrossed
Committee Substitute for Committee Substitute for Senate Bill 186 be referred
to the Committee on Rules.
Following discussion,
The question being on the adoption of
Senator Unger?s aforestated motion, the same was put and did not prevail.
Pending further discussion,
The question now being ?Shall Engrossed
On the passage of the bill, the yeas were: Azinger,
Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Weld
and Carmichael (Mr. President)?31.
The nays were: Unger and Woelfel?2.
Absent: Mullins?1.
So, a majority of all the members present
and voting having voted in the affirmative, the President declared the bill
(Eng.
Ordered, That The
Clerk communicate to the House of Delegates the action of the Senate
Eng.
Com. Sub. for Senate Bill 192, Relating generally to licensed surveyors.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
Pending extended discussion,
The question being ?Shall Engrossed
Senator
The Chair replied that any impact on
Senator
On the passage of the bill, the yeas were: Azinger,
Blair, Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall, Karnes, Mann,
Maroney, Maynard, Miller, Palumbo, Plymale, Prezioso, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?28.
The nays were: Beach, Facemire, Jeffries,
Ojeda and Romano?5.
Absent: Mullins?1.
So, a majority of all the members present
and voting having voted in the affirmative, the President declared the bill
(Eng.
Senator
On this question, the yeas were: Azinger,
Blair, Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall, Karnes, Mann,
Maroney, Maynard, Miller, Palumbo, Plymale, Prezioso, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?28.
The nays were: Beach, Facemire, Jeffries,
Ojeda and Romano?5.
Absent: Mullins?1.
So, two thirds of all the members elected
to the Senate having voted in the affirmative, the President declared the bill
(Eng.
Ordered, That The
Clerk communicate to the House of Delegates the action of the Senate
Eng.
Com. Sub. for Senate Bill 413, Relating to bids on government construction
contracts.
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, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Unger, Weld, Woelfel and Carmichael (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.
On motion of Senator
Eng. Com. Sub for Senate Bill
413?A Bill to amend and reenact ?5-22-1 of the
Code of West Virginia, 1931, as amended, relating to the solicitation for bids
for government construction contracts; submitting bids on government
construction contracts; defining the term ?alternates?; limiting the number of
alternates that may be included on any solicitation of bids for government
construction contracts; providing that a bid proposal for an alternate shall
expire one hundred fifty days after the date of the opening of bids for review;
establishing procedures for acceptance of alternate bids and determination of
the lowest qualified responsible bidder; and providing procedures for the
required submission of a list of subcontractors who will perform more than
$25,000 of work on certain projects.
Ordered, That The
Clerk communicate to the House of Delegates the action of the Senate
Eng.
Com. Sub. for Senate Bill 471, Relating to state ownership of wildlife.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
Pending discussion,
The question being ?Shall Engrossed
On the passage of the bill, the yeas were: Azinger,
Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Unger, Weld, Woelfel and Carmichael (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.
Ordered, That The
Clerk communicate to the House of Delegates the action of the Senate
Eng.
Com. Sub. for Senate Bill 474, Exempting names of licensed hunters from
public disclosure.
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, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger,
Weld, Woelfel and Carmichael (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.
Ordered, That The
Clerk communicate to the House of Delegates the action of the Senate
Eng.
Senate Bill 495, Relating to regulation of events by State Athletic
Commission.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
Pending discussion,
The question being ?Shall Engrossed
On the passage of the bill, the yeas were: Azinger,
Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Unger, Weld, Woelfel and Carmichael (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.
Ordered, That The
Clerk communicate to the House of Delegates the action of the Senate
Eng.
Com. Sub. for Senate Bill 531, Relating to renewal date for apiary
certificates of registration.
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, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Ojeda, Palumbo, Plymale,
Prezioso, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld,
Woelfel and Carmichael (Mr. President)?32.
The nays were: Romano?1.
Absent: Mullins?1.
So, a majority of all the members present
and voting having voted in the affirmative, the President declared the bill
(Eng.
Ordered, That The
Clerk communicate to the House of Delegates the action of the Senate
Eng.
Senate Bill 536, Authorizing tracking of wounded or injured bear or
deer.
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, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Unger, Weld, Woelfel and Carmichael (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.
Ordered, That The
Clerk communicate to the House of Delegates the action of the Senate
Eng.
Com. Sub. for Senate Bill 575, Limiting nuisance actions against shooting
ranges for noise.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
Pending discussion,
The question being ?Shall Engrossed
On the passage of the bill, the yeas were: Azinger,
Blair, Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall, Karnes, Mann,
Maroney, Maynard, Prezioso, Rucker, Smith, Swope, Sypolt, Trump, Unger, Weld
and Carmichael (Mr. President)?22.
The nays were: Beach, Facemire, Jeffries,
Miller, Ojeda, Palumbo, Plymale, Romano, Stollings, Takubo and Woelfel?11.
Absent: Mullins?1.
So, a majority of all the members present
and voting having voted in the affirmative, the President declared the bill
(Eng.
Ordered, That The
Clerk communicate to the House of Delegates the action of the Senate
The Senate proceeded to the ninth order of
business.
Com.
Sub. for Senate Bill 255, Relating to filling vacancies on county commissions
and other county offices.
On second reading, coming up in regular
order, was read a second time.
On motion of Senator
On page
On page four, section five, line four, by striking out the words ?the
vacancy occurred? and inserting in lieu thereof the words ?of his or her
election or, if not elected, at the time of his or her appointment?;
On page four, section five, line eleven, by striking out the words ?the
vacancy occurred? and inserting in lieu thereof the words ?of his or her
election or, if not elected, at the time of his or her appointment?;
On page five, section seven, line sixteen, by striking out the words ?the
vacancy occurred? and inserting in lieu thereof the words ?of his or her
election or, if not elected, at the time of his or her appointment?;
And,
On page five, section seven, line twenty-eight, by striking out the
words ?the vacancy occurred? and inserting in lieu thereof the words ?of his or
her election or, if not elected, at the time of his or her appointment?.
??????????? Following discussion,
??????????? The question being on the adoption of Senator Palumbo?s amendments to the bill, the same was put.
The result of the voice vote being
inconclusive, Senator Palumbo demanded a division of the vote.
A standing vote being taken, there were
fourteen "yeas" and nineteen "nays".
Whereupon, Senator Carmichael (Mr.
President) declared Senator Palumbo's amendments to the bill rejected.
The bill
Senate
Bill 443, Establishing Adult Drug Court Participation Fund.
On
At the request of Senator
Senate
Bill 444, Establishing Court Advanced Technology Subscription Fund.
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 522, Relating to pharmacy audits.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Senate
Bill 524, Relating to WV academic standards.
On
At the request of Senator
Eng.
Com. Sub. for House Bill 2678, Changing the amounts of prejudgment and
post-judgment interest to reflect today?s economic conditions.
On second reading, coming up in regular
order, was read a second time and ordered to 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 16, Repealing section related to wind power projects.
Com.
Sub. for Com. Sub. for Senate Bill 308, Clarifying administrative and
law-enforcement activities of DNR police officers are important to conservation
and management of state?s fish and wildlife.
Com.
Sub. for Senate Bill 500, Relating to Medicaid fraud and abuse.
Senate
Bill 554, Relating to false swearing in legislative proceeding.
Com.
Sub. for Senate Bill 559, Relating to limited video lottery.
Com.
Sub. for Senate Bill 581, Relating generally to administration of trusts.
Senate
Bill 620, Relating to traffic regulations.
And,
Eng.
Com. Sub. for House Bill 2028, Relating to the venue for suits and other
actions against the state.
The Senate proceeded to the twelfth order
of business.
Remarks were made by
Thereafter, at the request of Senator
The Senate proceeded to the
Following a point of inquiry to the President, with resultant response thereto,
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator
____________