WEST
VIRGINIA LEGISLATURE
SENATE
JOURNAL
EIGHTY-THIRD
LEGISLATURE
REGULAR
SESSION, 2017
____________
Charleston, West Virginia, Thursday, March
23, 2017
The Senate met at
(Senator Carmichael, Mr. President, in the
Chair.)
Prayer was offered by
Mountaineer ChalleNGe Academy Cadets from
Kingwood, West Virginia, proceeded in the presenting of the Colors. The
Honorable Michael A. Woelfel, a senator from the fifth district, then led the
Senate in the recitation of the Pledge of Allegiance.
Pending the reading of the Journal of
Wednesday, March 22, 2017,
At the request of Senator
The Senate proceeded to the second order of
business and the introduction of guests.
The Senate then proceeded to the
A message from The Clerk of the House of
Delegates announced that that body had refused to concur in the Senate
Eng.
Com. Sub. for House Bill 2028,
Relating to the venue for suits and other actions against the state.
On motion of Senator
Whereupon, Senator Carmichael (Mr.
President) appointed the following conferees on the part of the Senate:
Senators
Ordered, That The Clerk communicate to the House of
Delegates the action of the Senate and request concurrence therein.
A
message from The Clerk of the House of Delegates announced that that body had
refused to concur in the Senate
Eng. Com. Sub. for House Bill 2099,
Defining the act of leaving the scene of a crash involving death or serious
bodily injury as a felony; Erin?s Law.
On
motion of Senator
Whereupon,
Senator Carmichael (Mr. President) appointed the following conferees on the
part of the Senate:
Senators
Weld, Maynard and Jeffries.
Ordered, That The Clerk communicate to the House
of Delegates the action of the Senate and request concurrence therein.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the Senate
Eng. House Bill 2766,
Establishing a new special revenue fund, designated the Adult Drug Court
Participation Fund.
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 2827?A
Bill to amend and reenact ?33-4A-1, ?33-4A-2, ?33-4A-3, ?33-4A-4, ?33-4A-5,
?33-4A-6, ?33-4A-7 and ?33-4A-8 of the Code of West Virginia, 1931, as amended,
all relating to the all payor claims database; defining terms; providing sole
authority to the Secretary of the Department of Health and Human Resources;
removing memorandum of understanding requirements.
Referred to
the Committee on
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 2840?A
Bill to amend and reenact ?5A-1-2 of the Code of West Virginia, 1931, as
amended; to amend and reenact ?5F-2-1 of said code; and to amend said code by
adding thereto twelve new sections, designated ?5F-2-1a, ?5F-2-1b, ?5F-2-1c,
?5F-2-1d, ?5F-2-1e, ?5F-2-1f, ?5F-2-1g, ?5F-2-1h, ?5F-2-1i, ?5F-2-1j, ?5F-2-1k
and ?5F-2-1l, all relating to the reorganization of certain code provisions
that organize the executive branch of state government.
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the passage by that body and
requested the concurrence of the Senate in the passage of
Eng. House Bill 2856?A
Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a
new section, designated ?5B-2-9a, relating to declaring public policy and
legislative intent for improving the marketing, quality and frequency of
passenger rail service of the Cardinal Passenger Train operated by the National
Railroad Passenger Corporation, doing business as AMTRAK, along the route
crossing the south-central region of the state from Huntington eastward to
White Sulphur Springs; the powers and duties of the Commissioner of the
Division of Tourism and the tourism commission to achieve those policies and
Legislative intent; cooperation and assistance to be provided by the West
Virginia Department of Transportation and the West Virginia State Rail
Authority to the commissioner and tourism commission; cooperation of the
commissioner with other states and the National Railroad Passenger Corporation;
participation in an interstate body to achieve such cooperation; and creation
of a Cardinal Passenger Train Enhancement Fund as a special revenue account.
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 10?
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 19?Requesting
the Division of Highways to name the portion of West Virginia Route 36 in
Lincoln County, from the intersection of Sheridan Road, continuing 1.4 miles
southeast, to the Greystone Branch sign, the ?U.S. Army PFC Freeman Ray Meade
Memorial Road.?
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 20?
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 21?
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 22?Requesting
the Division of Highways to name bridge number 23-44-4.86 (23A105), (37.70670,
- 81.98848), (locally known as Crystal Block Concrete Bridge, carrying WV44
over Island Creek in Logan County, the ?U.S. Air Force MSgt Johnny Baxter Clark
and U.S. Air Force MSgt Carl Richard (Dick) Clark Memorial Bridge?.
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 23?
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House
Concurrent Resolution 30?
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 35?R
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 49?
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 51?
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 54?
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 56?
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 62?Requesting
the Division of Highways to name the portion of West Virginia Route 20 from
mile marker 7.30 to mile marker 19.94, in Webster County, the ?Webster County
Veterans Highway.?
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 63?
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 68?
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 73?
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 22nd day of March,
2017, 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:
??????????? (Com. Sub. for S. B. 301), Supplemental
appropriation of federal funds from Treasury to State Board of Education,
School Lunch Program.
??????????? And,
??????????? (S. B. 330), Relating to WV Workplace Freedom Act.
Respectfully submitted,
?
Mark R. Maynard,
??????????????????????????????????????????????????????????????????????? ??? Chair,
Senate Committee.
??????????????????????????????????????????????????????????????????????? ? Roger Hanshaw,
??????????????????????????????????????????????????????????????????????? ??? Chair,
House Committee.
Senator
Your Committee on
Com.
Sub. for Senate Bill 60 (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 60 (originating in the Committee on
With the recommendation that the committee
substitute for committee substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Com.
Sub. for Senate Bill 281 (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 281 (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 316, Requiring individuals receiving unemployment compensation apply for and accept seasonal employment.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill 316 (originating
in the Committee on
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.
At the request of Senator
Senator
Your Committee on
Senate
Bill 408, Relating to
public employees.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 408 (originating
in the Committee on
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.
At the request of Senator
?was taken up for immediate
consideration, read a first time, ordered to second reading and, under the
original double committee reference, was then referred to the Committee on
Senator
Your Committee on
Senate
Bill 412, Relating to WV
Jobs Act reporting requirements.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 412 (originating
in the Committee on
With the recommendation that the committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate
Bill 437, Discontinuing WV
Greyhound Breeding Development Fund.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 437 (originating
in the Committee on
With the recommendation that the committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Com.
Sub. for Senate Bill 453, Adding
classification and base salaries of certain civilian employees of WV State
Police Forensic Laboratory.
And,
Senate
Bill 566, Claims against
state.
And reports the same back with the
recommendation that they each do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate
Bill 493, Providing
increase in compensation for conservation officers.
With an amendment from the Committee on
And reports the same back with the
recommendation that it do pass as amended by the Committee on
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate
Bill 526, Requiring
mandatory insurance coverage for inherited enzymatic disorders.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 526 (originating
in the Committee on
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.
At the request of Senator
Senator
Your Committee on
Senate
Bill 539, Making
significant revisions to law regulating election financing.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 539 (originating
in the Committee on
With the recommendation that the committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee
on
Senate Bill 586, Changing fees for custom slaughters from annual to triennial.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill 586 (originating
in the Committee on
And,
Com. Sub. for Senate Bill 647, Relating generally to additional county excise taxes on real property transfer.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill 647 (originating
in the Committee on
With the
recommendation that the two committee substitutes do pass; but under the
original double committee references first be referred to the Committee on
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate
Bill 659, Enacting
Recognition of Emergency Medical Services Personnel Licensure Interstate
Compact.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 659 (originating
in the Committee on
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. 659), under
the original double committee reference, was then referred to the Committee on
Senator
Your Committee on
Senate
Joint Resolution 10
(originating in the Committee on
And reports the same back with the
recommendation that it be adopted.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee
on
Senate Concurrent Resolution 35, Urging Congress reassess federal definition of industrial hemp.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2001, Relating to ethics and transparency in government.
And has amended same.
And,
Eng.
Com. Sub. for House Bill 2868, Relating generally to Uniform Unclaimed Property Act.
And has amended same.
And reports the same back with the
recommendation that they each do pass, as amended.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2506, Relating to the permit limit calculations and allowing overlapping
mixing zones for calculating permit limits for drinking water criteria.
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
The Senate proceeded to the
Senator Maynard offered the following
resolution:
Senate Concurrent Resolution 46?Requesting the Joint Committee on Government and Finance study consumer complaints received by the state in the last three years regarding the safety of aftermarket crash parts.
Whereas, West Virginia Code
(?46A-6B-3) states for all motor vehicles requiring repair by motor vehicle
body shops in the year of their manufacture or in the two succeeding years
thereafter, motor vehicle body shops must use genuine crash parts sufficient to
maintain the manufacturer?s warranty for fit, finish, structural integrity,
corrosion resistance, dent resistance and crash performance unless the motor
vehicle owner consents in writing at the time of the repair to the use of
aftermarket crash parts; and
Whereas, West Virginia Code
(?46A-6B-3) states no insurance company may require the use of aftermarket
crash parts when negotiating repairs of the motor vehicle with any repairer for
a period of three years, the year the motor vehicle was manufactured and the
two succeeding years thereafter, unless the motor vehicle owner consents in
writing at the time of the repair to the use of aftermarket crash parts; and
Whereas, Motor vehicle
dealers, automobile manufacturers and body shops have made claims that
aftermarket crash parts are unsafe and may void the motor vehicle?s warranty;
therefore, be it
Resolved
by the Legislature of West Virginia:
That the Joint Committee on
Government and Finance is requested to study consumer complaints received by
the state in the last three years regarding the safety of aftermarket crash
parts; and, be it
Further Resolved,
That the Joint Committee on Government and Finance enlist the assistance of the
Insurance Commissioner, the Attorney General?s Office, motor vehicle dealers
and automobile manufacturers in conducting the study; and, be it
Further Resolved,
That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2018, on its findings, conclusions and
recommendations, together with drafts of any legislation necessary to
effectuate its recommendations; and, be it
Further Resolved,
That the expenses necessary to conduct this study, to prepare a report and to
draft necessary legislation be paid from legislative appropriations to the
Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Ojeda, Beach, Facemire, Stollings
and Plymale offered the following resolution:
Senate Concurrent Resolution 47?Requesting the Division of Highways to name a portion of Airport Road off US Route 119, 1/2 mile south of Chapmanville, that is a dead-end road that turns right off US Route 119 in Logan County when traveling south in Logan County (beginning at latitude 38.472118, longitude -81.399248 and ending at latitude 38.501480, longitude -81. 413276) and known as CR 3/13, the ?U. S. Army PFC Dell Dingess Lane?.
Whereas, Dell Dingess was
born on May 14, 1924, in Holden, West Virginia, the son of Franklin Pierce Dingess
and Bertha Farley Dingess; and
Whereas, He was educated in
Logan County schools and served in the 877th Engineer Battalion while
participating in the Omaha Beach invasion and Normandy Campaign. He also
participated in the Northern France Campaign of Operations from July 25, 1944,
through September 14, 1944, that liberated most of France. And, he served in the
European Theater from March 6, 1944, through October 3, 1945; and
Whereas, During the winter
of 1944-1945 he was in England where he trained as a member of a glider troop
which historically took more casualties than any other airborne entity; and
Whereas, He was married to
Exie Meade, and they had three children: Larry, who served in the United States
Navy and is deceased, Karen Dingess, who resides in Chapmanville; and Roger Dale
Dingess. During his civilian life, Dell was employed as a car salesman, worked
many years for Fairmont Food Company and, with a friend, bought Imperial Candy
Company which they operated for several years. He was a Trustee of the
Chapmanville United Baptist Church and active in the Southern Baptist
Convention serving as president of the convention council; and
Whereas, Dell passed away
on April 9, 1976. His was one of the first families to live on Airport Road and
now the Dingess family is one of the last families still living on this road;
and
Whereas, Naming this road is an appropriate recognition of
Dell Dingess? contributions to his country, state and community; therefore, be
it
Resolved
by the Legislature of West Virginia:
That the Division of
Highways is hereby requested to name a portion of Airport Road off US Route
119, 1/2 mile south of Chapmanville, that is a dead-end road that turns right
off US Route 119 in Logan County when traveling south in Logan County (beginning
at latitude 38.472118, longitude -81.399248 and ending at latitude 38.501480,
longitude -81. 413276) and known as CR 3/13, the ?U. S. Army PFC Dell Dingess
Lane?; and, be it
Further Resolved,
That the Division of Highways is hereby requested to have made and be placed
signs identifying the road as the ?U. S. Army PFC Dell Dingess Lane?; 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 Sypolt, Smith, Prezioso, Stollings,
Plymale and Beach offered the following resolution:
Senate Resolution 50?Commemorating the 25th anniversary for the national and state ChalleNGe Program for at-risk youth.
Whereas, During the late 1980s, the Rockefeller Foundation identified the need in our country to provide opportunities for young people working to overcome problems in their lives that include educationally at-risk teens; and
Whereas, In 1991, the Joint Armed Services Committee directed the National Guard to develop a plan to ?add value to America? by providing values, skills, education and self-discipline to young people incorporating the structure and esprit de corps found in the military model; and
Whereas, The National Youth ChalleNGe program began operating in 1993 under Public Law 102-484; and
Whereas, The mission of the Mountaineer ChalleNGe Academy is to train and mentor selected at-risk youth to become contributing members of society using the 8 Core Components in a quasi-military environment; and
Whereas, The year 2017 marks the 25th anniversary for the national and state ChalleNGe Program for at-risk youth and West Virginia is proud to be one of the original programs; therefore, be it
Resolved by the
That the Senate hereby commemorates the 25th anniversary for the national and state ChalleNGe Program for at-risk youth; and, be it
Further Resolved, That the Senate extends it sincere gratitude and appreciation to the Mountaineer ChalleNGe Academy for its dedication and commitment to our at-risk youth; and, be it
Further
Resolved, That the Clerk is hereby directed to
forward a copy of this resolution to the Mountaineer ChalleNGe Academy.
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.
Petitions
Senator
Referred to the Committee on
At the request of Senator Ferns, and by
unanimous consent, the Senate returned to the fourth order of business.
Senator
Your Committee
on
Senate
Concurrent Resolution 48 (originating
in the Committee on
Whereas, The Legislature finds food production safety in the state is of paramount importance; and
Whereas, The food production industry will be best served if there is one central set of standards and a single state department that is responsible for the food production act; and
Whereas, West Virginia Department of Agriculture already inspects and samples a variety of food products throughout the state; and
Whereas, The Department of Health and Human Resources employs trained sanitarians that conduct a variety of inspections throughout the state, including inspection of food manufacturers; and
Whereas, West Virginia Department of Agriculture would be able to provide the food production inspections if trained sanitarians were transferred to WVDA or if staff received the requisite training; and
Whereas, West Virginia Department of Agriculture would also need the laws and regulations amended to reflect the transfer of the food production regulations to the Department of Agriculture; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study transferring the State of West Virginia?s food production inspections and regulations to the Department of Agriculture; and, be it
Further Resolved, That the Joint
Committee on Government and Finance report to the regular session of the
Legislature,
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
?
??? Chair.
On motion of Senator
The Senate proceeded to the seventh order of
business.
Senate
Concurrent Resolution 45, Home
of Anna Lindquist, 1996 NHSPA Hall of Fame Inductee highway sign.
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 339, Creating Legislative Coalition on Chronic Pain Management.
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, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: Facemire?1.
Absent: None.
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 362, Authorizing redirection of certain amounts to General Revenue Fund.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were:
Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch,
Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?34.
The nays were: None.
Absent: None.
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 Com. Sub. for Senate Bill 382, Allowing automobile auctions obtain abandoned vehicles? titles.
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, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?34.
The nays were: None.
Absent: None.
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 414, Creating Division of Multimodal Transportation.
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, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?34.
The nays were: None.
Absent: None.
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 Com. Sub. for Senate Bill 461, Exempting WV State Police from state purchasing requirements.
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, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?34.
The nays were: None.
Absent: None.
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 467, Removing restrictions on maximum wager per limited video lottery game
and bill denominations accepted by video lottery terminals.
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:
Blair, Clements, Cline, Facemire, Ferns, Jeffries, Karnes, Mann, Maroney,
Maynard, Miller, Mullins, Plymale, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Weld, Woelfel and Carmichael (Mr. President)?24.
The nays were: Azinger, Beach, Boley, Boso,
Gaunch, Hall, Ojeda, Palumbo, Prezioso and Unger?10.
Absent: None.
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 472, Permitting bear hunting with guides.
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, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?34.
The nays were: None.
Absent: None.
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 479, Relating to regulation of liquor sales.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach,
Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Jeffries, Karnes, Mann,
Maroney, Maynard, Miller, Mullins, Romano, Rucker, Swope, Sypolt, Takubo,
Trump, Weld, Woelfel and Carmichael (Mr. President)?24.
The nays were: Azinger, Gaunch, Hall, Ojeda,
Palumbo, Plymale, Prezioso, Smith, Stollings and Unger?10.
Absent: None.
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 499, Creating Debt Resolution Services Division in Auditor?s office.
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, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?34.
The nays were: None.
Absent: None.
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 523, Converting to biweekly pay cycle for state employees.
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, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Unger, Weld, Woelfel and Carmichael (Mr. President)?32.
The nays were: Facemire and Miller?2.
Absent: None.
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,
Beach, Blair, Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall, Jeffries,
Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo, Plymale, Prezioso,
Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld,
Woelfel and Carmichael (Mr. President)?32.
The nays were: Facemire and Miller?2.
Absent: None.
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 533, Relating to taxes on wine and intoxicating liquors.
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, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?34.
The nays were: None.
Absent: None.
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 572, Relating to nonpartisan election of county surveyors.
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, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: Facemire?1.
Absent: None.
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 585, Relating
to locomotive crew size.
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, Clements, Cline, Ferns, Gaunch, Hall, Karnes,
Mann, Maroney, Maynard, Mullins, Palumbo, Plymale, Rucker, Smith, Swope,
Takubo, Trump, Weld, Woelfel and Carmichael (Mr. President)?24.
The nays were: Beach, Facemire, Jeffries,
Miller, Ojeda, Prezioso, Romano, Stollings, Sypolt and Unger?10.
Absent: None.
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 595, Allowing
county assessors make separate entries in land books when real property is
partly used for exempt and partly nonexempt purposes.
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, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?34.
The nays were: None.
Absent: None.
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 684, Relating
generally to WV State Police.
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, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?34.
The nays were: None.
Absent: None.
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,
Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?34.
The nays were: None.
Absent: None.
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
The Senate proceeded to the ninth order of
business.
Com.
Sub. for Senate Bill 18, Requiring
new comprehensive statewide student assessment.
On second reading, coming up in regular
order, was read a second time.
On motion of Senator
On page
?(2) The Constitution of the State of West
Virginia, section one, article twelve thereof, states: ?The Legislature shall
provide, by general law, for a thorough and efficient system of free schools.?
Furthermore, section two, article twelve of the Constitution states: ?The
general supervision of the free schools of the State shall be vested in the
West Virginia board of education which shall perform such duties as may be
prescribed by law.? Therefore, because the Legislature is empowered to identify
?such duties as may be prescribed by law? to the West Virginia Board of
Education, it is clearly within the Legislature?s authority to mandate, at any
level of specificity, appropriate academic standards to be adopted by the state
board;?;
On page three, section five, line
thirty-four, by striking out the word ?and?;
On page three, section five, line forty-one,
by changing the period to a semicolon and adding the following: and
(6) The state board shall not adopt any
national or regional testing program or academic curriculum standards tied to
federal funding without approval granted by Act of the Legislature.;
On page four, section five, after line
sixty-six, by inserting a new subdivision, designated subdivision (2), to read
as follows:
?(2) Digital literacy skills;?
And by renumbering the remaining
subdivisions;
On page six, section five, lines one hundred
twenty-two and one hundred twenty-three, by striking out all of subdivision (7)
and inserting in lieu thereof a new subdivision, designated subdivision (7), to
read as follows:
(7) Neither the Smarter Balance Assessment
System, the PARCC Assessment System nor any other assessment based on Common
Core, Next Generation or College and Career Readiness standards may be used as
the statewide assessment program.;
And,
On page six, section five, after line one
hundred thirty-three, by adding a new subdivision, designated subdivision (12),
to read as follows:
(12) For any online assessment, the state
board shall provide online assessment preparation to ensure that students have
the requisite digital literacy skills necessary to be successful on the
assessment.
??????????? Following discussion,
??????????? Senator Prezioso moved to rerefer the bill (Com. Sub. for S. B. 18) to the Committee on Finance with Senator Rucker?s amendments pending.
??????????? Following discussion,
??????????? Senator Karnes moved the previous question.
??????????? The question being on the adoption of the Senator Karnes? aforestated motion, the same was put.
??????????? The result of the voice vote being inconclusive, Senator Unger demanded a division of the vote.
??????????? A standing vote being taken, there were twenty-two ?yeas? and twelve ?nays?.
??????????? Whereupon, the President declared Senator Karnes? motion for the previous question had prevailed.
??????????? The
previous question having been ordered, that being on the adoption of Senator
Prezioso?s motion to rerefer the bill (Com. Sub. for S. B. 18) to the Committee
on Finance with Senator Rucker?s amendments pending, and on this question, Senator Prezioso
demanded the yeas and nays.
The
roll being taken, the yeas were: Beach, Blair, Facemire, Jeffries, Miller,
Ojeda, Palumbo, Plymale, Prezioso, Stollings, Unger and Woelfel?12.
The
nays were: Azinger, Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall, Karnes,
Mann, Maroney, Maynard, Mullins, Romano, Rucker, Smith, Swope, Sypolt, Takubo,
Trump, Weld and Carmichael (Mr. President)?22.
Absent:
None.
So, a
majority of those present and voting not having voted in the affirmative, the
President declared Senator Prezioso's aforestated motion had not
prevailed.
??????????? The question now being on the adoption of Senator Rucker?s amendments to the bill.
??????????? Following extended discussion,
??????????? On motion of Senator Romano, the following amendment to Senator Rucker?s amendments to the bill (Com. Sub. for S. B. 18) was next reported by the Clerk:
On page
??????????? Following discussion and a point of inquiry to the President, with resultant response thereto,
??????????? Senator Karnes moved the previous question.
??????????? Senator Unger arose to a point of order stating that Senator Karnes? motion for the previous question was out of order as it is not a debatable motion.
??????????? Which point of order, the President ruled not well taken.
??????????? Senator Unger then appealed the ruling of the Chair.
??????????? The question being ?Shall the Chair be sustained??
??????????? On this question, Senator Unger demanded the yeas and nays.
??????????? The roll being taken, the yeas were: Azinger, Blair, Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall, Karnes, Mann, Maroney, Maynard, Mullins, Rucker, Smith, Swope, Sypolt, Takubo, Trump, Weld and Carmichael (Mr. President)?22.
The nays were: Beach, Facemire, Jeffries, Miller, Ojeda, Palumbo, Plymale, Prezioso, Romano, Stollings, Unger and Woelfel?12.
Absent: None.
??????????? So, a majority of those present and voting having voted in the affirmative the President declared the Chair sustained.
??????????? The question now being on the adoption of Senator Karnes? motion for the previous question, the same was put.
??????????? The result of the voice vote being inconclusive, Senator Unger demanded a division of the vote.
??????????? A standing vote being taken, there were twenty-two ?yeas? and twelve ?nays?.
??????????? Whereupon, the President declared Senator Karnes? motion for the previous question had prevailed.
??????????? The
previous question having been ordered, that being on the adoption of Senator
Romano?s amendment to Senator Rucker?s amendments to the bill (Com. Sub. for S.
B. 18), and on this question, Senator Under demanded the yeas and nays.
The
roll being taken, the yeas were: Beach, Jeffries, Miller, Ojeda, Palumbo,
Plymale, Prezioso, Romano and Stollings?9.
The
nays were: Azinger, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns,
Gaunch, Hall, Karnes, Mann, Maroney, Maynard, Mullins, Rucker, Smith, Swope,
Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?25.
Absent:
None.
So, a
majority of those present and voting not having voted in the affirmative, the
President declared Senator Romano?s amendment to Senator Rucker?s amendments to
the bill rejected.
??????????? The question now being on the adoption of Senator Rucker?s amendments to the bill, and on this question, Senator Beach demanded the yeas and nays.
The
roll being taken, the yeas were: Azinger, Blair, Boley, Boso, Clements, Cline,
Ferns, Gaunch, Hall, Karnes, Maroney, Maynard, Mullins, Rucker, Smith, Swope,
Sypolt, Takubo, Trump, Weld and Carmichael (Mr. President)?21.
The
nays were: Beach, Facemire, Jeffries, Mann, Miller, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Stollings, Unger and Woelfel?13.
Absent:
None.
So, a
majority of those present and voting having voted in the affirmative, the
President declared Senator Rucker's amendments to the bill adopted.
The bill
Com.
Sub. for Senate Bill 61, Providing
consumers sales and service tax and use tax exemption for certain services and
tangible personal property sold for repair, remodeling and maintenance of
aircraft.
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 76, Creating
WV Second Chance for Employment Act.
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 183, Transferring
Division of Forestry from Department of Commerce to Department of Agriculture.
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 419, Creating
special revenue fund sources for Division of Labor to meet statutory
obligations.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Senate
Bill 464, Eliminating
taxation on annuity consideration received by life insurer.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Com.
Sub. for Com. Sub. for Senate Bill 486, Relating to health care provider taxes.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Senate
Bill 504, Defining ?special
aircraft property?.
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 535, Reorganizing
Division of Tourism.
On second reading, coming up in regular
order, was read a second time.
O motion of Senator
On page
Following extended discussion,
The question being on the adoption of
Senator Trump?s amendment to the bill, and on this question, Senator Trump demanded
the yeas and nays.
The
roll being taken, the yeas were: Azinger, Blair, Boley, Boso, Clements, Cline,
Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda,
Plymale, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld,
Woelfel and Carmichael (Mr. President)?27.
The
nays were: Facemire, Hall, Miller, Palumbo, Prezioso and Romano?6.
Absent:
Beach?1.
So, a
majority of those present and voting having voted in the affirmative, the
President declared Senator Trump's amendment to the bill adopted.
The bill
Com.
Sub. for Senate Bill 538, Creating
special conditions of parole.
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 74, Allowing
fire departments to charge fees for service calls.
Com.
Sub. for Senate Bill 388, Relating
to dangerous weapons.
Com.
Sub. for Senate Bill 428, Relating
to partial filling of prescriptions.
Senate
Bill 433, Permitting
counties increase excise tax on privilege of transferring real property.
Com.
Sub. for Senate Bill 477, Increasing
State Road Fund by raising DMV fees and motor fuel excise taxes.
Com.
Sub. for Senate Bill 602, Creating
uniform system of recording and indexing fictitious names used by sole
proprietors.
Com.
Sub. for Senate Bill 622, Relating
generally to tax procedures and administration.
Senate
Bill 658, Establishing
procedure for retitling mobile and manufactured homes.
Eng.
Com. Sub. for House Bill 2486, Providing that when a party?s health condition is at issue in a civil
action, medical records and releases for medical information may be requested
and required without court order.
And,
Eng.
Com. Sub. for House Bill 2811, Relating to the definition of above ground storage tanks.
The Senate proceeded to the twelfth order of
business.
Remarks were made by
The Senate proceeded to the
At the request of Senator
At the respective requests of Senators
At the request of Senator
Pending announcement of meetings of standing
and select committees of the Senate, including a minority party caucus,
On motion of Senator
____________