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Senate Journal



Day 014 (Part 8-)
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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

SEVENTH DAY

____________

Charleston, W. Va., Tuesday, January 14, 2014

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend Richard G. Mahan, St. Timothy Lutheran Church, Charleston, West Virginia.

    Pending the reading of the Journal of Monday, January 13, 2014,

    On motion of Senator Barnes, 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 Clerk presented a communication from the Division of Motor Vehicles, submitting its annual report of the Motor Vehicle Test and Lock Program as required by chapter seventeen-c, article five-a, section three-a of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Motorcycle Safety Awareness Program Board, submitting its annual report, in accordance with chapter seventeen-b, article one-d, section eight of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Senate proceeded to the sixth order of business.

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

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 338--A Bill to repeal §5B-2E-11 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5B-2E-5, §5B-2E-7 and §5B-2E-7a of said code, all relating to the West Virginia Tourism Development Act; removing termination provisions; removing requirement for engagement of a consulting firm to review proposed projects; increasing the limitation on the total amount of tourism development expansion project tax credits for all approved companies each calendar year; and providing for increased tax credit amounts for projects located on state and federal recreational property.

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

    By Senators Palumbo, Stollings and Jenkins:

    Senate Bill No. 339--A Bill to amend and reenact §60A-2-210 of the Code of West Virginia, 1931, as amended, relating to adding tramadol and its related salts and isomers to the list of Schedule IV controlled substances.

    Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 340--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-4C-6c, relating to creating a certification for emergency medical technician-industrial; establishing the certification and recertification requirements; period of certification; restricting the practice of emergency medical technician-industrial; and clarifying that emergency medical technician-industrial takes the place of emergency medical technician-miner.

    Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 341--A Bill making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Department of Health and Human Resources, Division of Human Services, fund 5365, fiscal year 2014, organization 0511, by supplementing and amending chapter four, Acts of the Legislature, regular session, 2013, known as the Budget Bill.

    Referred to the Committee on Finance.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 342--A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2014, to the Department of Health and Human Resources, Human Rights Commission, fund 8725, fiscal year 2014, organization 0510, to the Department of Military Affairs and Public Safety, Adjutant General - West Virginia National Guard Counterdrug Forfeiture Fund, fund 8785, fiscal year 2014, organization 0603, to the Department of Military Affairs and Public Safety, West Virginia State Police, fund 8741, fiscal year 2014, organization 0612, and to the Department of Veterans’ Assistance, fund 8858, fiscal year 2014, organization 0613, by supplementing and amending chapter four, Acts of the Legislature, regular session, 2013, known as the Budget Bill.

    Referred to the Committee on Finance.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 343--A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2014, to the Department of Commerce, WorkForce West Virginia - Workforce Investment Act, fund 8749, fiscal year 2014, organization 0323, by supplementing and amending the appropriation for the fiscal year ending June 30, 2014.

    Referred to the Committee on Finance.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 344--A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2014, in the amount of $2,293,000 from Joint Expenses, fund 0175, fiscal year 2008, organization 2300, activity 642, in the amount of $409,167.60 from the Department of Commerce, Division of Tourism, fund 0246, fiscal year 2005, organization 0304, activity 859, in the amount of $261,246.01 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 075, in the amount of $5,999.39 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2000, organization 0307, activity 131, in the amount of $58,527.20 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 131, in the amount of $154,061.74 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 131, in the amount of $257,617.06 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 131, in the amount of $209,609.04 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 131, in the amount of $145,560.18 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 131, in the amount of $131,792.70 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 131, in the amount of $198,809.53 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 266, in the amount of $65,804.47 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 266, in the amount of $26,183.53 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 266, in the amount of $250,000 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 266, in the amount of $11,758.05 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 480, in the amount of $62,039.15 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 480, in the amount of $25,265 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 480, in the amount of $124,338.34 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 480, in the amount of $123,100 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 480, and in the amount of $140,830.80 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 480, in the amount of $47,113.16 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 819, in the amount of $223,665.85 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 819, in the amount of $44,007.60 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 819, in the amount of $123,230.47 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 819, in the amount of $742,930.92 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 819, in the amount of $539,290.37 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 819, $334,180.67 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 900, in the amount of $650,000 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2011, organization 0307, activity 941, in the amount of $461.83 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2002, organization 0506, activity 803, in the amount of $10,489.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2003, organization 0506, activity 803, in the amount of $8,056.23 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2004, organization 0506, activity 803, in the amount of $13,718.82 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2005, organization 0506, activity 803, in the amount of $0.70 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2006, organization 0506, activity 803, in the amount of $24,307.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2007, organization 0506, activity 803, in the amount of $6,600.22 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2008, organization 0506, activity 803, in the amount of $76,423.45 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2009, organization 0506, activity 803, in the amount of $211,730.74 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2010, organization 0506, activity 803, in the amount of $150,334.97 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2011, organization 0506, activity 803, in the amount of $136,909.29 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2012, organization 0506, activity 803, in the amount of $1,974.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, activity 803, in the amount of $15,640.96 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2009, organization 0601, activity 953, in the amount of $240,051.69 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2010, organization 0601, activity 953, in the amount of $215,075.18 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2011, organization 0601, activity 953, in the amount of $871,905.27 from the Department of Military Affairs and Public Safety, Division of Juvenile Services, fund 0570, fiscal year 2012, organization 0621, activity 818, in the amount of $870,992.77 from the Department of Military Affairs and Public Safety, Division of Juvenile Services, fund 0570, fiscal year 2013, organization 0621, activity 818, in the amount of $20,000,000 from Joint Expenses, Joint Expense Lottery Fund, fund 1736, fiscal year 2014, organization 2300, in the amount of $5,707,000 from Joint Expenses, Tax Reduction and Federal Funding Increased Compliance, fund 1732, fiscal year 2014, organization 2300, in the amount of $1,250,000 from the Auditor’s Office, Purchasing Card Administration Fund, fund 1234, fiscal year 2014, organization 1200, in the amount of $5,000,000 from the Attorney General, Consumer Protection Fund, fund 1509, fiscal year 2014, organization 1500, in the amount of $3,000,000 from the Secretary of State, General Administrative Fees Account, fund 1617, fiscal year 2014, organization 1600, in the amount of $200,000 from the Department of Administration, Office of the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal year 2014, organization 0201, in the amount of $200,000 from the Department of Administration, Division of General Services, Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2014, organization 0211, in the amount of $4,737,257 from the Department of Administration, Board of Risk and Insurance Management, Premium Tax Savings Fund, fund 2367, fiscal year 2014, organization 0218, in the amount of $500,000 from the Department of Administration, Surplus Property, Sale of State Surplus Property Fund, fund 2281, fiscal year 2014, organization 0214, in the amount of $500,000 from the Department of Administration, Division of Purchasing, Purchasing Improvement Fund, fund 2264, fiscal year 2014, organization 0213, in the amount of $2,000,000 from the Department of Administration, Division of Personnel, Division of Personnel Fund, fund 2440, fiscal year 2014, organization 0222, in the amount of $45,607.91 from the Department of Military Affairs and Public Safety, Office of the Secretary, Secretary of Military Affairs and Public Safety Lottery Fund, fund 6005, fiscal year 2014, organization 0601, in the amount of $200,000 from the Department of Revenue, Division of Financial Institutions, Assessment and Examination Fund, fund 3041, fiscal year 2014, organization 0303, in the amount of $10,000,000 from the Department of Revenue, Insurance Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2014, organization 0704, in the amount of $724,487.42 from the Department of Revenue, Lottery Commission, Revenue Center Construction Fund, fund 7209, fiscal year 2014, organization 0705, in the amount of $7,500,000 from the Department of Revenue, Lottery Commission, Operating and Expense Fund, fund 7200, fiscal year 2014, organization 0705, and in the amount of $2,008,911.50 from the Department of Revenue, Racing Commission, Administration, Promotion, Education, Capital Improvement and Greyhound Adoption Programs to include Spaying and Neutering Account, fund 7307, fiscal year 2014, organization 0707, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration, Public Defender Services, fund 0226, fiscal year 2014, organization 0221, to the Department of Health and Human Resources, Division of Health, Central Office, fund 0407, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2014, organization 0511, to the Department of Military Affairs and Public Safety, West Virginia Parole Board, fund 0440, fiscal year 2014, organization 0605, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450, fiscal year 2014, organization 0608, and to the Higher Education Policy Commission, Administration - Control Account, fund 0589, fiscal year 2014, organization 0441, by supplementing and amending the appropriations for the fiscal year ending June 30, 2014.

    Referred to the Committee on Finance.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 345--A Bill expiring funds to the unappropriated balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2014, in the amount of $10,000,000 from the Joint Expenses, fund 0175, fiscal year 2006, organization 2300, activity 642, in the amount of $10,000,000 from the Joint Expenses, fund 0175, fiscal year 2007, organization 2300, activity 642, and in the amount of $7,000,000 from the Joint Expenses, fund 0175, fiscal year 2008, activity 642, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, and to the Department of Military Affairs and Public Safety, Division of Juvenile Services, by supplementing and amending the appropriations for the fiscal year ending June 30, 2014.

    Referred to the Committee on Finance.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 346--A Bill making a supplementary appropriation of Lottery Net Profits from the balance of moneys remaining as an unappropriated balance in Lottery Net Profits to the Division of Natural Resources, fund 3267, fiscal year 2014, organization 0310, and to the Bureau of Senior Services - Lottery Senior Citizens Fund, fund 5405, fiscal year 2014, organization 0508, by supplementing and amending the appropriations for the fiscal year ending June 30, 2014.

    Referred to the Committee on Finance.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 347--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2014, to a new item of appropriation designated to the Auditor’s Office, Volunteer Fire Department Workers’ Compensation Premium Subsidy Fund, fund 1239, fiscal year 2014, organization 1200, to the Department of Education and the Arts, State Board of Rehabilitation - Division of Rehabilitation Services - West Virginia Rehabilitation Center - Special Account, fund 8664, fiscal year 2014, organization 0932, to the Department of Health and Human Resources, Division of Health, Hospital Services Revenue Account Special Fund Capital Improvement, Renovation and Operations, fund 5156, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Division of Human Services - Medical Services Trust Fund, fund 5185, fiscal year 2014, organization 0511, to the Department of Revenue, Racing Commission - General Administration, fund 7305, fiscal year 2014, organization 0707, to the Miscellaneous Boards and Commissions, WV State Board of Examiners for Licensed Practical Nurses, fund 8517, fiscal year 2014, organization 0906, to the Miscellaneous Boards and Commissions, Public Service Commission, fund 8623, fiscal year 2014, organization 0926, by supplementing and amending chapter four, Acts of the Legislature, regular session, 2013, known as the Budget Bill.

    Referred to the Committee on Finance.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 348--A Bill supplementing, amending, decreasing and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2014, organization 0803, for the fiscal year ending June 30, 2014.

    Referred to the Committee on Finance.

    By Senators Tucker, Palumbo, Cookman, Fitzsimmons, D. Hall, Snyder, Walters, Plymale and Miller:

    Senate Bill No. 349--A Bill to amend and reenact §33-17A-4 of the Code of West Virginia, 1931, as amended, relating to the nonrenewal of property insurance policies as a result of certain claims arising from natural causes.

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

    By Senators Miller, Stollings, Snyder, Plymale, Laird, D. Hall, Unger and Beach:

    Senate Bill No. 350--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-11, relating to the Rural Rehabilitation Loan Program; requiring annual reporting; and authorizing rulemaking.

    Referred to the Committee on Agriculture and Rural Development.

    Senators Wells, Yost, Boley, Edgell, Fitzsimmons, Jenkins, Stollings, Plymale, Snyder, Laird, Miller and Cookman offered the following resolution:

    Senate Concurrent Resolution No. 6--Requesting the Joint Committee on Government and Finance to continue studying the needs, challenges and issues facing West Virginia military veterans, West Virginia citizens serving in the armed forces of the United States, the West Virginia National Guard and other military affairs of West Virginia.

    Whereas, West Virginia has a proud heritage of military service members, veterans and military family members; and

    Whereas, West Virginia is home to more military service members and veterans per capita than any other state in the nation; and

    Whereas, The West Virginia National Guard is continuously above service and preparedness strength, has been repeatedly recognized as one of the top forces in the country and its members are nationally renowned for their professionalism, courage and commitment to duty; and

    Whereas, Military veteran homelessness, incidents of veteran suicide and diagnoses of post-traumatic stress disorder for veterans are all on the rise with no signs of slowing down unless additional action by the West Virginia Department of Veterans’ Assistance and the United States Department of Veterans Affairs is taken; and

    Whereas, Additionally, aging veterans of previous conflicts are facing worsening problems as they enter their retirement years; and

    Whereas, West Virginia has passed legislation offering in-state military veteran retirees financial benefits in an attempt to increase these veterans’ financial stability and to attract out-of- state veterans to retire to West Virginia; and

    Whereas, As the state continues to make retiring in West Virginia attractive to military veterans, the overall economic development their residency provides will certainly benefit each and every West Virginian; and

    Whereas, Although the retirement benefits of veterans within West Virginia are positive, additional legislative efforts can be pursued to further augment these opportunities; and

    Whereas, The Legislature finds that it should take an active role in studying, formulating and implementing resources and programs that support West Virginia citizens serving in the armed forces of the United States, the West Virginia National Guard as well as veterans of military service to better assist them and their family members in getting the care, services and opportunities that they have earned and deserve; and

    Whereas, The Select Committee on Veterans Affairs has a demonstrated history of initiating legislation promoting and facilitating the establishment of programs to assist returning veterans, including, but not limited to, the veteran-friendly campus legislation as well as legislation to establish a program for veteran-friendly communities and continues to monitor the implementation and development of such programs; and

    Whereas, Because of the state’s consistent resident and citizen support of the nation’s armed forces and the West Virginia National Guard, the Legislature of West Virginia should continue to receive input and develop measures on a continuing basis during interim periods in order to provide the best available educational, vocational, social and medical support services for our state’s military personnel and veterans that it can; and

    Whereas, The interim Select Committee on Veterans Affairs provides the Legislature a means to continuously monitor and develop various programs and resources to assist our state’s military personnel and military veterans; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is requested to continue studying the needs, challenges and issues facing West Virginia military veterans, West Virginia citizens serving in the armed forces of the United States, the West Virginia National Guard and other military affairs of West Virginia; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, 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.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, January 15, 2014, at 11 a.m.

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