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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

EIGHTH DAY

____________

Charleston, W. Va., Wednesday, January 15, 2014

    The Senate met at 11 a.m.

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

    Prayer was offered by Dr. Earl Cochran, Fishers Chapel, Sissonville, West Virginia, and Pleasant View United Methodist Church, Sissonville, West Virginia.

    Pending the reading of the Journal of Tuesday, January 14, 2014,

    On motion of Senator Cookman, 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 Department of Environmental Protection, submitting its Special Reclamation Fund Advisory Council annual report as required by chapter twenty-two, article one, section seventeen of the code of West Virginia.

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

    The Senate proceeded to the fourth order of business.

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

    Your Committee on Education has had under consideration

    Senate Bill 26, Creating emergency generator tax credit.

    Senate Bill 96, Creating Creative Communities Development Act.

    Senate Bill 259, Imposing telecommunications business tax benefitting outdoor activity promotion and maintenance.

    And,

    Senate Bill 270, Creating Jobs Impact Statement Act.

    And reports the same back without recommendation as to passage; but with the recommendation that they first be referred to the Committee on Economic Development; and then, under the original double committee references, to the Committee on Finance.

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    On motion of Senator Plymale, the bills (S. B. Nos. 26, 96, 259 and 270) contained in the foregoing report from the Committee on Education were referred to the Committee on Economic Development; and then, under the original double committee references, to the Committee on Finance.

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

    Your Committee on Education has had under consideration

    Senate Bill 66, Terminating state's jurisdiction over certain reclaimed sites of bond-forfeited surface mining operations.

    Senate Bill 68, Limiting liability of participants in certain water pollution abatement projects.

    And,

    Senate Bill 72, Creating Intrastate Coal and Use Act.

    And reports the same back without recommendation as to passage; but with the recommendation that they first be referred to the Committee on Energy, Industry and Mining; and then, under the original double committee references, to the Committee on the Judiciary.

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    On motion of Senator Plymale, the bills (S. B. Nos. 66, 68 and 72) contained in the foregoing report from the Committee on Education were referred to the Committee on Energy, Industry and Mining; and then, under the original double committee references, to the Committee on the Judiciary.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 103, Authorizing Board of Dental Examiners promulgate legislative rule relating to board.

    Senate Bill No. 104, Authorizing Board of Dental Examiners promulgate legislative rule relating to formation and approval of professional limited liability companies.

    Senate Bill No. 105, Authorizing Board of Dental Examiners promulgate legislative rule relating to fees established by board.

    Senate Bill No. 106, Authorizing Board of Dental Examiners promulgate legislative rule relating to formation and approval of dental corporations; dental practice ownership.

    Senate Bill No. 107, Authorizing Board of Dental Examiners promulgate legislative rule relating to dental advertising.

    Senate Bill No. 108, Authorizing Board of Dental Examiners promulgate legislative rule relating to practitioner requirements for accessing Controlled Substances Monitoring Program database.

    Senate Bill No. 109, Authorizing Board of Dental Examiners promulgate legislative rule relating to continuing education requirements.

    Senate Bill No. 110, Authorizing Board of Dental Examiners promulgate legislative rule relating to administration of anesthesia by dentists.

    Senate Bill No. 111, Authorizing Board of Dental Examiners promulgate legislative rule relating to expanded duties of dental hygienists and dental assistants.

    Senate Bill No. 112, Authorizing Board of Dental Examiners promulgate legislative rule relating to mobile dental facilities and portable dental units.

    Senate Bill No. 113, Authorizing Board of Examiners for Licensed Practical Nurses promulgate legislative rule relating to policies regulating licensure of licensed practical nurse.

    Senate Bill No. 114, Authorizing Board of Examiners for Licensed Practical Nurses promulgate legislative rule relating to fees for services rendered by board and supplemental renewal fee for Center for Nursing.

    Senate Bill No. 115, Authorizing Board of Examiners for Licensed Practical Nurses promulgate legislative rule relating to continuing competence.

    Senate Bill No. 119, Authorizing Board of Professional Surveyors promulgate legislative rule relating to examination and licensing of professional surveyors.

    Senate Bill No. 120, Authorizing Board of Veterinary Medicine promulgate legislative rule relating to registration of veterinary technicians.

    Senate Bill No. 121, Authorizing Board of Veterinary Medicine promulgate legislative rule relating to certified animal euthanasia technicians.

    Senate Bill No. 122, Authorizing Board of Veterinary Medicine promulgate legislative rule relating to schedule of fees.

    Senate Bill No. 123, Authorizing Board of Examiners for Speech-Language Pathology and Audiology promulgate legislative rule relating to licensure of speech-language pathology and audiology.

    Senate Bill No. 124, Authorizing Board of Examiners for Speech-Language Pathology and Audiology promulgate legislative rule relating to speech-language pathology and audiology assistants.

    Senate Bill No. 125, Authorizing Board of Examiners for Speech-Language Pathology and Audiology promulgate legislative rule relating to disciplinary and complaint procedures for speech-language pathology and audiology.

    And,

    Senate Bill No. 126, Authorizing Board of Examiners for Speech-Language Pathology and Audiology promulgate legislative rule relating to code of ethics.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

    Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 117, Authorizing Board of Pharmacy promulgate legislative rule relating to controlled substances monitoring.

    And,

    Senate Bill No. 155, Authorizing DHHR promulgate legislative rule relating to child care centers' licensing.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bills, under the original triple committee references, were referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

    Senator Yost, from the Committee on Labor, submitted the following report, which was received:

    Your Committee on Labor has had under consideration

    Senate Bill No. 127, Authorizing Division of Labor promulgate legislative rule relating to Wage Payment and Collection Act.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Jack Yost,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Labor pending.

    Senator Yost, from the Committee on Labor, submitted the following report, which was received:

    Your Committee on Labor has had under consideration

    Senate Bill No. 128, Authorizing Division of Labor promulgate legislative rule relating to employer wage bonds.

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

                             Respectfully submitted,

                               Jack Yost,

                                 Chair.

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

    Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 148, Authorizing DHHR promulgate legislative rule relating to clinical laboratory technician and technologist licensure and certification.

    Senate Bill No. 150, Authorizing DHHR promulgate legislative rule relating to AIDS-related medical testing and confidentiality.

    Senate Bill No. 151, Authorizing DHHR promulgate legislative rule relating to Cancer Registry.

    And,

    Senate Bill No. 154, Authorizing Bureau of Senior Services promulgate legislative rule relating to In-Home Care Worker Registry.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary.

    Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

    Your Committee on Transportation and Infrastructure has had under consideration

    Senate Bill No. 183, Authorizing Commissioner of Highways promulgate legislative rule relating to transportation of hazardous wastes upon roads and highways.

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

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

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

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

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 278, Redefining "scrap metal".

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

    Com. Sub. for Senate Bill No. 278 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to the purchase of scrap metal by scrap metal dealers; and excluding gold, silver, palladium and platinum in the form of jewelry, bullion, ingots or coins from the definition of “scrap metal”.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    The Senate proceeded to the sixth order of business.

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

    By Senator Stollings:

    Senate Bill No. 351--A Bill to amend and reenact §19-23-9 of the Code of West Virginia, 1931, as amended, relating to requiring thoroughbred licensees to pay three percent of purses actually paid to the local Horsemen's Benevolent and Protective Association for their respective medical trusts for backstretch personnel and administrative fees.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Laird, Barnes, Edgell, Facemire, Prezioso, Snyder, Unger, Stollings, Sypolt, Cann, D. Hall, Plymale, Tucker and Blair:

    Senate Bill No. 352--A Bill to amend and reenact §20-5-2 of the Code of West Virginia, 1931, as amended, relating to the development of corporate sponsorships for state parks and recreational areas managed by the Parks and Recreation Section.

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

    By Senators Williams, Beach, D. Hall, Miller, Sypolt, Stollings, Tucker and Plymale:

    Senate Bill No. 353--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1A-3b, relating to timber theft in state forests; authority of Division of Forestry to investigate and enforce violations occurring in state forests managed by the division; and adding criminal and civil penalties.

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

    By Senators Yost, Walters, Kessler (Mr. President) and Unger:

    Senate Bill No. 354--A Bill to amend and reenact §5B-2B-4 of the Code of West Virginia, 1931, as amended, relating to requiring the Workforce Investment Council to provide information and guidance to local workforce investment boards that would enable them to better educate both women and men about higher-paying jobs including jobs traditionally dominated by men.

    Referred to the Committee on Labor; and then to the Committee on Government Organization.

    By Senators Unger, Miller, Laird, Walters, Stollings, Beach, Kessler (Mr. President), Cann, Plymale and Edgell:

    Senate Bill No. 355--A Bill to amend and reenact §22-26-1, §22-26-2, §22-26-3, §22-26-6, §22-26-7 and §22-26-8 of the Code of West Virginia, 1931, as amended, all relating to the Water Resources Protection and Management Act; amending the definition of “large-quantity user”; eliminating the ten-percent variance provision; requiring certain information regarding private wells be submitted to the secretary; adopting the State Water Resources Management Plan; requiring DEP to report biennially to commission regarding implementation of plan and survey results; and requiring large-quantity users to submit certain report annually.

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

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

    Senate Bill No. 356--A Bill to amend and reenact §5A-1-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5A-1-10; to amend and reenact §5A-3-1, §5A-3-3, §5A-3-4, §5A-3-5, §5A-3-11, §5A-3-17, §5A-3-28, §5A-3-30 and §5A-3-31 of said code; and to amend said code by adding thereto three new sections, designated §5A-3-10d, §5A-3-10e and §5A-3-60, all relating generally to purchasing; revising the definition of “commodities”; eliminating the definition of “contractual services”; defining “contract”, “grant”, “procurement”, “public funds” and “services”; revising the definition of “vendor”; requiring state spending units to purchase commodities and services on a competitive basis; authorizing the Secretary of the Department of Administration to issue a notice to cease and desist when purchases are not made on a competitive basis; clarifying the purposes and policies of the Purchasing Division; clarifying the applicability of the article; clarifying that procurements must include adequate specifications and descriptions; authorizing the Director of Purchasing to issue a notice to cease and desist when purchases are not made on a competitive basis; adding the term “services” to where “commodities” is referenced throughout the code; removing reference to “contractual services”; authorizing reverse auctions for purchasing commodities; defining “reverse auction”; permitting third-party vendors to administer reverse auctions; affording the Director of the Purchasing Division rule-making authority to implement reverse auctions; authorizing prequalification agreements and the secondary bid process for the direct procurement of certain commodities; defining “information technology”, “state”, “prequalification agreement”, “prequalified vendor” and the “secondary bid process”; requiring approval of the Director of the Purchasing Division for prequalification agreements, secondary bid process commodities procurements anticipated to cost in excess of $50,000 and information technology procurements anticipated to cost in excess of $1,000,000; affording the Director of the Purchasing Division rule-making authority to establish procedures regarding prequalification agreements, prequalification, the secondary bid process and related matters; clarifying circumstances in which grants are exempt from competitive bidding requirements; imposing personal liability upon spending officers and other responsible individuals who have knowingly and willfully violated competitive bidding requirements; expanding criminal penalties for undermining competition; requiring certain executive department officials to attend annual training on purchasing procedures; and making technical corrections.

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

    By Senators Williams, Beach, D. Hall, Miller, Sypolt, Plymale and Tucker:

    Senate Bill No. 357--A Bill to repeal §19-1B-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §19-1B-12a, all relating to civil and criminal penalties for violations of the Logging Sediment Control Act pertaining to timber operations.

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

    Senators Edgell, Kessler (Mr. President), Unger, Stollings, Yost, Williams, Beach, Sypolt, Cann, Jenkins, Laird, D. Hall, Plymale, Wells and Fitzsimmons offered the following resolution:

    Senate Resolution No. 6--Designating January 15, 2014, as “Crime Victims Day at the Legislature”.

    Whereas, The West Virginia Crime Victims Compensation Fund is celebrating “Crime Victims Day at the Legislature” by providing all of the crime victim agencies and individuals who serve victims of crime an opportunity to educate the members of the Legislature and the public about the many services available to assist victims of crime and their families throughout our state; and

    Whereas, The many agencies and individuals serving victims of crime and their families in West Virginia strive to foster the healing of victims and their families through treatment for their many needs including, but not limited to, advocacy for and on behalf of victims and their families, medical treatment and mental health counseling, compensation and restitution; and

    Whereas, The many organizations and individuals who provide assistance to victims of crime and families make valuable contributions to those who have been affected by crime in our state; and

    Whereas, West Virginia is proud of the accomplishments and achievements of the many organizations and individuals who serve the needs of victims of crime and appreciate their many contributions to our communities; and

    Whereas, There are also many victims or family members present on this special day to foster understanding by the public of the effects of victimization; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates January 15, 2014, as “Crime Victims Day at the Legislature”; and, be it

    Further Resolved, That the Senate expresses its appreciation to the many organizations which serve victims of crime and their families throughout our state and for the dedication of those individuals who serve these organizations; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate official with the West Virginia Crime Victims Compensation Fund.

    At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

    On motion of Senator Unger, the Senate recessed for one minute.

    Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 6, Requesting Joint Committee on Government and Finance study veterans, active duty and National Guard members' issues.

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Military; and then to the Committee on Rules.

    Pending announcement of meetings of standing committees of the Senate, including majority and minority party caucuses,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, January 16, 2014, at 11 a.m.

____________

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