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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

NINTH DAY

____________

Charleston, W. Va., Thursday, January 16, 2014

    The Senate met at 11 a.m.

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

    Prayer was offered by Pastor Matthew J. Watts, Grace Bible Church, Charleston, West Virginia.

    Pending the reading of the Journal of Wednesday, January 15, 2014,

    On motion of Senator Palumbo, the Journal was approved and the further reading thereof dispensed with.

    The Senate proceeded to the second order of business and the introduction of guests.

    The Senate then proceeded to the fourth order of business.

    Senator 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. 101, Authorizing Board of Chiropractic Examiners promulgate legislative rule relating to regulation of chiropractic practice.

    Senate Bill No. 102, Authorizing Board of Chiropractic Examiners promulgate legislative rule relating to fees pertaining to practice of chiropractic.

    Senate Bill No. 116, Authorizing Board of Pharmacy promulgate legislative rule relating to continuing education for licensure of pharmacists.

    Senate Bill No. 181, Authorizing Department of Administration promulgate legislative rule relating to state-owned vehicles.

    Senate Bill No. 182, Authorizing Governor's Committee on Crime, Delinquency and Correction promulgate legislative rule relating to law-enforcement training and certification standards.

    Senate Bill No. 185, Authorizing Infrastructure and Jobs Development Council promulgate legislative rule relating to council.

    Senate Bill No. 186, Authorizing Real Estate Commission promulgate legislative rule relating to requirements in licensing real estate brokers, associate brokers and salespersons and the conduct of brokerage business.

    And,

    Senate Bill No. 195, Authorizing Massage Therapy Licensure Board promulgate legislative rule relating to schedule of fees.

    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 Laird, from the Committee on Natural Resources, submitted the following report, which was received:

    Your Committee on Natural Resources has had under consideration

    Senate Bill No. 141, Authorizing DNR promulgate legislative rule relating to special motorboating.

    And,

    Senate Bill No. 142, Authorizing DNR promulgate legislative rule relating to electronic registration of wildlife.

    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,

                               William R. Laird IV,

                                 Chair.

    The bills, under the original double committee references, were then referred 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. 193, Authorizing Real Estate Appraiser Licensing and Certification Board promulgate legislative rule relating to requirements for licensure and certification.

    And has amended same.

    And,

    Senate Bill No. 194, Authorizing Real Estate Appraiser Licensing and Certification Board promulgate legislative rule relating to renewal of licensure or certification.

    And has amended same.

    And reports the same back with the recommendation that they each do pass, as amended; 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, with amendments from the Committee on Government Organization pending.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Senate Bill No. 346, Making supplementary appropriation from Lottery Net Profits to DNR and Bureau of Senior Services.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 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 Senators Walters, Blair, Cole, D. Hall, Nohe, Palumbo, Snyder, Sypolt and Wells:

    Senate Bill No. 358--A Bill to amend and reenact §5A-1-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5A-3-4 of said code, all relating to the Purchasing Division; defining “change orders”; requiring the Director of the Purchasing Division to approve certain change orders; limiting the time in which change orders must be approved or denied by the director; limiting the time in which change orders must be approved or denied by the responsible agency; and requiring the director to report annually to the Legislature the total value of certain change orders.

    Referred to the Committee on Government Organization.

    By Senators Beach, Palumbo, Cann, Cookman, Fitzsimmons, Jenkins, Kirkendoll, Carmichael, Nohe, Walters, Plymale, Stollings and Snyder:

    Senate Bill No. 359--A Bill to amend and reenact §3-4A-28 of the Code of West Virginia, 1931, as amended, relating to amending canvassing process to eliminate hand counting of electronic voting systems.

    Referred to the Committee on the Judiciary.

    By Senators Cole, Barnes, Blair, Carmichael, Walters and Jenkins:

    Senate Bill No. 360--A Bill to repeal §21-5A-1, §21-5A-2, §21-5A-3, §21-5A-5, §21-5A-6, §21-5A-7, §21-5A-8, §21-5A-9, §21-5A-10 and §21-5A-11 of the Code of West Virginia, 1931, as amended, all relating to repealing the prevailing hourly rate of wages requirements by or on the behalf of public authorities engaged in the construction of public improvements.

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

    By Senator Snyder:

    Senate Bill No. 361--A Bill to amend and reenact §16-4C-3, §16-4C-4, §16-4C-5 and §16-4C-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §16-4C-4a, §16-4C-4b and §16-4C-5a, all relating to emergency medical services; continuing the Office of Emergency Medical Services as an independent office within the Department of Health and Human Resources; updating definitions; creating the positions of executive director, medical director and administrative director for the office; establishing and clarifying the powers and duties of the directors; reconstituting the Emergency Medical Service Advisory Council with nine members; and requirements for the state medical protocols.

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

    By Senator Beach:

    Senate Bill No. 362--A Bill to amend and reenact §11-16-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-7-12 of said code; and to amend and reenact §60-8-34 of said code, all relating to allowing restaurants, private clubs and wineries to sell alcohol at 10:00 o’clock a.m. on Sundays.

    Referred to the Committee on the Judiciary.

    By Senator Beach:

    Senate Bill No. 363--A Bill to repeal §17-20-1 and §17-20-2 of the Code of West Virginia, 1931, as amended, all relating to the placing of memorial markers along highways and rights-of-way.

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

    By Senator Beach:

    Senate Bill No. 364--A Bill to amend and reenact §17-19-1 of the Code of West Virginia, 1931, as amended, relating to roads and highways; signs prohibited on the right-of-way of public roads or highways; and providing that signs for candidacy for public office are not prohibited.

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

    By Senators Miller, Snyder and Williams:

    Senate Bill No. 365--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5c, relating to providing an exception to certain provisions of the West Virginia Ethics Act for elected conservation district supervisors who participate in the West Virginia Conservation Agency Agricultural Enhancement Program.

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

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

    Senate Bill No. 366--A Bill to amend and reenact §5-16B-1 and §5-16B-2 of the Code of West Virginia, 1931, as amended, all relating to moving the Children’s Health Insurance Program from the Department of Administration to the Department of Health and Human Resources; and providing for the orderly transfer of functions, funds and accounts.

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

    By Senators Palumbo, Kessler (Mr. President), Plymale and Fitzsimmons and Wells:

    Senate Bill No. 367--A Bill to amend and reenact §61-7-14 of the Code of West Virginia, 1931, as amended, relating to the right of judges and prosecutors to carry firearms on certain premises while acting in their official capacity; and amending an incorrect cross reference in the code as a result of an amendment in 2013.

    Referred to the Committee on the Judiciary.

    By Senators Snyder, Blair, Unger, Kessler (Mr. President) and Cookman:

    Senate Bill No. 368--A Bill to repeal §47-11A-1, §47-11A-2, §47-11A-3, §47-11A-4, §47-11A-5, §47-11A-6, §47-11A-7, §47-11A-8, §47-11A-9, §47-11A-10, §47-11A-11, §47-11A-12, §47-11A-12a, §47-11A-13 and §47-11A-14 of the Code of West Virginia, 1931, as amended, relating to repealing the unfair trade practices statutes.

    Referred to the Committee on the Judiciary.

    By Senators Snyder, Blair, Boley, Cann, Cookman, Green, Yost, Unger, Kessler (Mr. President), Palumbo and Stollings:

    Senate Bill No. 369--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-1-10; and to amend and reenact §5A-3-1, §5A-3-3, §5A-3-14 and §5A-3-17 of said code, all relating to state procurement; requiring spending units and subdivisions 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; authorizing the Director of the Purchasing Division to issue a notice to cease and desist when purchases are not made on a competitive basis; requiring the Purchasing Division Director to comply with federal law and authorized regulations when a procurement involves the expenditure of federal assistance or contract funds; requiring the Purchasing Division Director to offer mandatory annual procurement training; and clarifying any person found to have willfully entered into a contract contrary to the article shall be subject to penalty.

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

    By Senator Palumbo:

    Senate Bill No. 370--A Bill to amend and reenact §61-2-14a of the Code of West Virginia, 1931, as amended; to amend and reenact §62-3-15 of said code; to amend said code by adding thereto a new section, designated §62-3-22; and to amend said code by adding thereto a new section, designated §62-12-13b, all relating to sentencing juveniles treated as adults in the criminal justice system; requiring that juveniles treated as adults who are convicted of kidnapping or first degree murder and sentenced to life in prison be given mercy and the associated parole review; stating legislative findings; providing special parole review for juveniles convicted of a crime as an adult; requiring the Parole Board to address certain factors before determining whether a convicted juvenile should receive parole; and requiring that all juveniles convicted as adults be reviewed for parole eligibility no later than after having served fifteen years.

    Referred to the Committee on the Judiciary.

    By Senators Beach, Kessler (Mr. President), Fitzsimmons and Stollings:

    Senate Bill No. 371--A Bill to repeal §20-2-51 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §20-17-1, §20-17-2, §20-17-3, §20-17-4, §20-17-5, §20-17-6 and §20-17-7, all relating to limiting the possession of wild and exotic animals; expressing legislative intent; authorizing agency jurisdiction; defining certain terms; permitting expansion of the definitions; limiting custody and control of wild and exotic animals; providing a permit for persons who possess a wild and exotic animal prior to effective date; establishing permit requirements; requiring a notarized permit application and fee; splitting of fee with Division of Natural Resources and county humane and animal control officer or the sheriff, in the alternative; providing exemptions; requiring interagency cooperation; and providing rule-making authority.

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

    By Senator Beach:

    Senate Bill No. 372--A Bill to amend and reenact §17C-15-23 of the Code of West Virginia, 1931, as amended, relating to permitting certain auxiliary lighting on motorcycles.

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

    By Senators Unger, Kessler (Mr. President), Palumbo, Plymale, Laird, Yost, Miller, Prezioso, Fitzsimmons, Wells, Cann, Chafin, Tucker, Stollings, Cookman and Snyder:

    Senate Bill No. 373--A Bill to amend and reenact §22-26-1, §22-26-2, §22-26-3, §22-26-5, §22-26-6, §22-26-7 and §22-26-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto six new sections, designated §22-26-10, §22-26-11, §22-26-12, §22-26-13, §22-26-14 and §22-26-15, all relating to the Water Resources Protection and Management Act; making certain legislative finding regarding storage of fluids in aboveground storage tanks; defining certain terms; eliminating certain variance provision; requiring certain progress report from the secretary; requiring certain cooperating state agencies to continue funding levels for stream gaging network; requiring notification of inability to continue funding of stream gaging network; requiring certain information regarding private wells be submitted to the secretary; requiring secretary to provide annual update on implementation of State Water Resources Management Plan; adopting State Water Resources Management Plan; requiring DEP to report biennially to commission regarding implementation of plan and survey results; requiring large-quantity users to submit certain report annually; requiring registration and inventory of certain aboveground storage tanks; making it unlawful to construct, maintain or use any aboveground storage tank without secretary’s authorization; requiring secretary to develop a regulatory program and providing guidelines for new and existing aboveground storage tanks; requiring inspections, monitoring and testing; providing for administrative orders and reconsideration by secretary; providing for civil penalties and injunctive relief; and authorizing rulemaking.

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

    Senators Beach, Unger, Kessler (Mr. President), Miller, Williams, Jenkins, Prezioso, Wells, D. Hall, Stollings and Cann offered the following resolution:

    Senate Concurrent Resolution No. 7--Requesting that the Star City interchange at Exit 155 of Interstate 79 in Morgantown, Monongalia County, West Virginia, be named the “Michael A. Oliverio, Sr., Interchange”.

    Whereas, Michael A. Oliverio, Sr., was born in Carolina, West Virginia, to Joseph Oliverio and Mary Oliverio; and

    Whereas, Michael A. Oliverio, Sr.’s education began in Carolina Grade School and continued to Monongah High School; and

    Whereas, Michael A. Oliverio, Sr.’s higher education includes a Bachelor’s Degree in Physical Science and Mathematics from Fairmont State College, a Master’s in Guidance and Counseling from West Virginia University and additional post-graduate work completed at the University of Virginia, College of St. Thomas, Minnesota, and George Washington University; and

    Whereas, Michael A. Oliverio, Sr., began a loving marriage which lasted a wonderful 48 years with his wife Julia Barber Oliverio, who unfortunately passed away in 2007; their marriage blessed them with four children: Joseph Oliverio, Michael Oliverio, Frank Oliverio and Mary Oliverio, as well as six grandchildren; and

    Whereas, Upon completing his educational career, he began a distinguished career as a counselor, statesmen, educator and civic leader; and

    Whereas, Michael A. Oliverio, Sr., dedicated his life to the betterment of the global community. He served over twenty times as a keynote speaker and received over forty exceptional honors achievements, the most notable including: Keynote speaker to state rehabilitation associations belonging to West Virginia, Kentucky and South Carolina, and at regional rehabilitation associations such as the Southwest Regional and Eastern Regional Associations; and

    Whereas, Michael A. Oliverio, Sr., has many achievements such as a scholarship called the Michael A. Oliverio Scholarship at West Virginia University for Rehabilitation/Counseling graduates for use in regional and national post-graduate development; he was the founder of the Ronald McDonald House in Morgantown, West Virginia, and the Chair of the Community Advisory Committee; he has been credited for bringing the Health South Rehabilitation Center to Morgantown, West Virginia; for founding the National Hall of Fame for Persons with Disabilities in Columbus, Ohio; for serving as County Clerk for Monongalia County, West Virginia; as well as participating in briefing Presidents Gerald Ford and Jimmy Carter; and

    Whereas, Michael A. Oliverio, Sr., chaired the advisory committee that was instrumental in building Goodwill stores in locations at Morgantown, Fairmont, Bridgeport, Lewis County, Buckhannon and Elkins, West Virginia; and

    Whereas, Michael A. Oliverio, Sr., not only served the community locally, but internationally as well, making West Virginia and Calabria sister states and conducting the twinning process joining Clarksburg, West Virginia, and San Giovanni in Fiori, Italy; he started an exchange program with students from the University of Calabria and Fairmont State University; and

    Whereas, Michael A. Oliverio, Sr., for all of his success and service, received recognition in 2008 as the West Virginia Italian American Man of the Year, and it is only fitting to honor Michael A. Oliverio, Sr., for his life-long service to our state and his community; and

    Whereas, The naming of an interchange honoring Michael A. Oliverio, Sr.’s extraordinary contributions and life is but a small gesture of gratitude and appreciation; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name the Star City interchange at Exit 155 of Interstate 79 in Morgantown, Monongalia County, West Virginia, the “Michael A. Oliverio, Sr., Interchange”; and, be it

    Further Resolved, That the Division of Highways is requested to have made and be placed at entrances and exits to the interchange signs containing bold and prominent letters proclaiming the interchange to be the “Michael A. Oliverio, Sr., Interchange”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the family of Michael A. Oliverio, Sr., and to the Commissioner of the Division of Highways.

    Which, under the rules, lies over one day.

    The Senate proceeded to the tenth order of business.

    Com. Sub. for Senate Bill No. 278, Redefining "scrap metal".

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

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senator Snyder.

    Thereafter, at the request of Senator Blair, and by unanimous consent, the remarks by Senator Snyder were ordered printed in the Appendix to the Journal.

    The Senate proceeded to the thirteenth order of business.

    Senator Kessler (Mr. President) announced the replacement of Senator Snyder on the Committee on Natural Resources with Senator Cookman.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, January 17, 2014, at 10 a.m.

____________

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