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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

TENTH DAY

____________

Charleston, W. Va., Friday, January 17, 2014

    The Senate met at 10 a.m.

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

    Prayer was offered by the Reverend Tom Bias, Van United Methodist Church, Van, West Virginia.

    Pending the reading of the Journal of Thursday, January 16, 2014,

    On motion of Senator Snyder, 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 Board of Medicine, submitting its annual report as required by chapter thirty, article one, section twelve of the code of West Virginia.

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

    The Senate proceeded to the third order of business.

    A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4175--A Bill to amend and reenact §15-5-6 of the Code of West Virginia, 1931, as amended, relating to providing emergency assistance to small businesses during existence of a state of emergency; authorizing promulgation of an emergency rule by Director of the Division of Homeland Security and Emergency Management, in consultation with the secretaries of the Department of Commerce and the Department of Revenue establishing the criteria under which assistance to small businesses may be provided; providing factors to be considered or required in establishing criteria; providing for recovery by the state for certain assistance.

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

    The Senate proceeded to the fourth order of business.

    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. 3, Creating Uniform Real Property Transfer on Death Act.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    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. 12, Relating to expedited partner therapy treatment.

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

    Com. Sub. for Senate Bill No. 12 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-4F-1, §16-4F-2, §16-4F-3, §16-4F-4 and §16-4F-5; to amend and reenact §30-3-14 and §30-3-16 of said code; to amend and reenact §30-5-3 of said code; to amend and reenact §30-7-15a of said code; to amend and reenact §30-14-11 of said code; and to amend and reenact §30-14A-1 of said code, all relating to treatment for a sexually transmitted disease; defining terms; permitting prescribing of antibiotics to sexual partners of a patient without a prior examination of the partner; requiring patient counseling; establishing counseling criteria; requiring information materials be prepared by the Department of Health and Human Resources; providing limited liability for providing expedited partnership therapy; requiring legislative rules regarding what is considered a sexually transmitted disease; and providing that physicians, physician assistants, pharmacists and advanced nurse practitioners are not subject to disciplinary action for providing certain treatment for sexually transmitted diseases for sexual partners of a patient.

    With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 12), 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. 29, Clarifying requirements for certain motor vehicle searches.

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

    Com. Sub. for Senate Bill No. 29 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §62-1A-10 of the Code of West Virginia, 1931, as amended, relating to clarifying requirements for certain motor vehicle searches.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    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. 118, Authorizing Board of Sanitarians promulgate legislative rule relating to practice of public health sanitation.

    Senate Bill No. 152, Authorizing DHHR promulgate legislative rule relating to Medical Examiner's rule for post-mortem inquiries.

    Senate Bill No. 153, Authorizing Health Care Authority promulgate legislative rule relating to Health Information Network.

    And,

    Senate Bill No. 196, Authorizing Division of Rehabilitation Services promulgate legislative rule relating to Ron Yost Personal Assistance Services Act Board.

    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,

                               Ron Stollings,

                                 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. 149, Authorizing DHHR promulgate legislative rule relating to medication administration by unlicensed personnel.

    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,

                               Ron Stollings,

                                 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 Health and Human Resources pending.

    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 McCabe, Barnes, Beach, Cann, Green, D. Hall, Laird, Miller, Palumbo, Walters and Wells:

    Senate Bill No. 374--A Bill to amend and reenact §11-8-16 of the Code of West Virginia, 1931, as amended, relating to prohibiting a local levying body from holding a special election for the purpose of submitting a levy question to the voters if the date of the special election is one hundred eighty days or less before a regular primary or general election.

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

    By Senators Cann and Snyder:

    Senate Bill No. 375--A Bill to amend and reenact §7-11B-3 of the Code of West Virginia, 1931, as amended, relating to tax increment financing; and adding items to those which are excluded from base assessed value and current assessed value of real and personal property.

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

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

    Senate Bill No. 376--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-22, relating to requiring onsite employees at certain works construction projects to complete an Occupational Safety and Health Administration-approved ten-hour construction safety program; requiring the retention of training records; providing for incremental implementation period for mandate; providing the Commissioner of Labor to issue cease-and-desist notices; providing civil penalties for violations; providing criminal penalties for exhibiting false documents; exempting certain construction activities and persons; and requiring report from Commissioner of Department of Labor on effectiveness of safety training.

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

    By Senator Jenkins:

    Senate Bill No. 377--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4 and §5-30-5, all relating to state recognition of Native American tribes; defining terms; designating certain tribes as recognized by the state; establishing criteria for state recognition of additional tribes; authorizing unique trademarks for certain arts and crafts; prohibiting gambling; and providing penalty for unauthorized use of trademark.

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

    By Senator Cookman:

    Senate Bill No. 378--A Bill to amend and reenact §17C-1-6 of the Code of West Virginia, 1931, as amended, relating to including garbage trucks and other sanitation vehicles in the definition of “authorized emergency vehicle”.

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

    By Senators Miller, Blair, Boley, Cann, Cookman, Fitzsimmons, Kirkendoll, Stollings, Snyder, Kessler (Mr. President) and Plymale:

    Senate Bill No. 379--A Bill to amend and reenact §7-7-1, §7-7-3, §7-7-4, §7-7-4a and §7-7-6b of the Code of West Virginia, 1931, as amended, all relating to counties; reclassifying counties from ten classes to five classes; increasing the salaries of county commissioners and elected county officials; authorizing an automatic salary increase every two years; clarifying that the automatic salary increases only take effect with the new term of office; clarifying prosecuting attorneys’ full-time and part-time compensation; and clarifying assessors’ additional compensation classifications.

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

    Senators Cann, Stollings, Plymale and Wells offered the following resolution:

    Senate Concurrent Resolution No. 8--Requesting the Division of Highways to name bridge number S317-27-0.73 on Route 270 in West Milford, Harrison County, West Virginia, the “USMC Cpl. Gene William Somers, Jr., Memorial Bridge”.

    Whereas, Corporal Gene William Somers, Jr., was born on July 27, 1948, in Harrison County, West Virginia, the son of Alice Marie Peet-Somers and the late Gene William Somers of West Milford, West Virginia; and

    Whereas, Corporal Gene William Somers, Jr., attended Unidis and South Harrison High Schools in Harrison County; and

    Whereas, Corporal Gene William Somers, Jr., enlisted in the United States Marines September 18, 1967, and began his tour of duty in Vietnam on February 6, 1968, as a member of 1st Marine Division, Fleet Marine Forces; and

    Whereas, Corporal Gene William Somers, Jr., was one of three brothers and two sisters of which brother Todd also served in the United States Marine Corps; and

    Whereas, Corporal Gene William Somers, Jr., was killed on March 19, 1969, by hostile fire in the Quang Nam Province, South Vietnam; and

    Whereas, Corporal Gene William Somers, Jr., gave the ultimate sacrifice for his country and it is fitting and proper that he be remembered and acknowledged for his courageous action and service; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number S317-27-0.73 on Route 270 in West Milford, Harrison County, West Virginia, the “USMC Cpl. Gene William Somers, Jr., Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “USMC Cpl. Gene William Somers, Jr., Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

    Which, under the rules, lies over one day.

    Senators Cookman, Stollings, Plymale, Wells and Jenkins offered the following resolution:

    Senate Concurrent Resolution No. 9--Requesting the Division of Highways to name a portion of U. S. Route 522 near the West Virginia State Police barracks in Berkeley Springs, Morgan County, between West Virginia State Route 13, south of the West Virginia State Police barracks, and West Virginia State Route 9, north of the barracks, the “Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson Memorial Highway”.

    Whereas, Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson both served in the West Virginia State Police in Morgan County, West Virginia; and

    Whereas, Trooper First Class Thomas Dean Hercules served with the United States Marines and had nineteen years of service as a West Virginia State Trooper; and

    Whereas, Trooper Charles Henry Johnson served in the Air Force for four years, graduated from the State Police Academy at Institute in 1970 and lived in Berkeley Springs for three years; and

    Whereas, On the snowy, cold afternoon of January 12, 1977, Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson were gunned down in the line of duty in Paw Paw, West Virginia, while serving an arrest warrant on a burglary suspect; and

    Whereas, Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson made the ultimate sacrifice for the safety of their community and state; and

    Whereas, Trooper First Class Thomas Dean Hercules was survived by his wife, Shirley, and their sons Allen and David; and

    Whereas, Trooper Charles Henry Johnson was the son of John J. and Rowena Robinson Johnson and was survived by his wife, Lynda Sue Lively Johnson, daughter, Lori Necole, and son, Jeffrey Bryan, both at home; sister, Mrs. Leah Rae Wallace, brother, John J. Johnson, Jr., and grandmother, Mrs. Mary C. Robinson; and

    Whereas, The Legislature acknowledges the service and sacrifice of Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson, as well as the sacrifice of their families who endured their loss of life; and

    Whereas, It is fitting to honor the lives of Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson by naming this highway in their memory as an everlasting tribute to their service and sacrifice to their community and state; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name a portion of U. S. Route 522 near the West Virginia State Police barracks in Berkeley Springs, Morgan County, between West Virginia State Route 13, south of the West Virginia State Police barracks, and West Virginia State Route 9, north of the barracks, the “Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson Memorial Highway”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying this section of the highway as the “Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson Memorial Highway”; 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.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 7, Requesting Star City interchange on I-79 in Morgantown be named "Michael A. Oliverio, Sr., Interchange".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the ninth order of business.

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

    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.

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

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

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until Monday, January 20, 2014, at 1 p.m.

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