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Senate Journal



Day 014 (Part 8-)
Day 1
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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

TWENTY-FOURTH DAY

____________

Charleston, W. Va., Friday, January 31, 2014

    The Senate met at 10 a.m.

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

    Prayer was offered by the Reverend Dick Corbin, Director of Church Relations, Union Mission of West Virginia, Charleston, West Virginia.

    Pending the reading of the Journal of Thursday, January 30, 2014,

    On motion of Senator Kirkendoll, 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 third order of business.

    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

    Com. Sub. for House Concurrent Resolution No. 13--Requesting that bridge number 10-16-2.38 (10A301) on Route 16 in Fayette County, West Virginia, be named the “Thomas H. Stafford Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    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

    Com. Sub. for House Concurrent Resolution No. 27--Requesting that bridge number 1-11-6.35 (01A016), located .01 mile east of County Route 36 on County Route 11 and crossing over the Middle Fork River, be renamed “The Audra Park Bridge In Memory of Army Sergeant John A. Charnoplosky”.

    Referred to the Committee on Transportation and Infrastructure.

    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 No. 31--Requesting the Division of Highways to name a new bridge connecting County Route 23/9 to State Route 58 to Stonewood in Harrison County at Anmoore the "Rosalyn Queen Alonso Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    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

    Com. Sub. for House Concurrent Resolution No. 35--Requesting the Division of Highways to name bridge number 1-12-6.12 (01A119) the Arden Plate Girder carrying Route 12 across the Tygart River in Arden, Barbour County, as the “The Arden Bridge in Memory of Abbie Gall”.

    Referred to the Committee on Transportation and Infrastructure.

    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

    Com. Sub. for House Concurrent Resolution No. 37--Requesting that bridge number 52-20-16.81 (52A134), located on Route 20, crossing over Fishing Creek, at Pine Grove, Wetzel County, West Virginia, and locally known as the North End Bridge, be named the “Army Sergeant Charles Leo Dulaney Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the fourth order of business.

    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. 15, Allowing billing for HIV or STD testing by public health agencies.

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

    Com. Sub. for Senate Bill No. 15 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §16-3C-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-4-19 of said code, all relating generally to testing for HIV and sexually transmitted diseases; removing limitations on billing patients for HIV and sexually transmitted disease testing or sexually transmitted disease treatment done by state or local public health agencies; and clarifying the procedures relating to performing HIV or sexually transmitted disease tests on persons charged with sexual offenses.

    And,

    Senate Bill No. 336, Allowing possession of opioid antagonist by certain public safety personnel.

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

    Com. Sub. for Senate Bill No. 336 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §16-4C-24 and §16-4C-25; and to amend and reenact §30-1-7a of said code, all relating generally to administration of an opioid antagonist; allowing State Police, police, sheriffs and fire and emergency service personnel to possess Naloxone or other approved opioid antagonist to administer in opioid drug overdoses; defining terms; providing for training; establishing training requirements for first responders who may administer opioid antagonists; establishing criteria under which a first responder may administer an opioid antagonist; granting immunity to health care providers who prescribe, dispense or distribute Naloxone or other approved opioid antagonist related to a training program; granting immunity to initial responders who administer or fail to administer an opioid antagonist; providing for data gathering and reporting; allowing a prescription for an opioid antagonist in certain circumstances; establishing responsibility of licensed prescribers; providing for patient family and caregiver education; requiring continuing education of licensed prescribers for administration of an opioid antagonist; and authorizing emergency and legislative rulemaking.

    With the recommendation that the two committee substitutes 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 (Com. Sub. for S. B. Nos. 15 and 336), 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. 340, Creating EMT-industrial certification.

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

    Com. Sub. for Senate Bill No. 340 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §16-4C-6 the Code of West Virginia, 1931, as amended, relating to creating a certification for emergency medical technician-industrial; granting rule-making authority to the Commissioner of the Bureau for Public Health to establish 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.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 340), under the original double committee reference, was then referred to the Committee on Government Organization.

    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. 357, Relating to Logging Sediment Control Act civil and criminal penalties.

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

    Com. Sub. for Senate Bill No. 357 (originating in the Committee on the Judiciary)--A Bill to repeal §19-1B-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §19-1B-12a of said code, all relating to civil and criminal penalties for violations of the Logging Sediment Control Act pertaining to timber operations; and establishing a violation for failure to reclaim.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    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. 387, Clarifying duly authorized officers have legal custody of their prisoners while in WV.

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

    Com. Sub. for Senate Bill No. 387 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-10-6, relating to clarifying that duly authorized officers of the United States, the District of Columbia or other states have legal custody of their prisoners while they are in West Virginia.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from 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

    Com. Sub. for Senate Bill No. 395 (originating in the Committee on Health and Human Resources), Relating to operation and oversight of certain human services benefit programs.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 395 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-8b; and to amend said code by adding thereto a new section, designated §61-4-9, all relating generally to the operation and oversight of certain benefit programs; granting certain subpoena power to the Investigations and Fraud Management Division within the Department of Health and Human Resources to investigate welfare fraud; authorizing the Investigations and Fraud Management Division to request search warrants, swear to complaints and seek relevant orders from circuit court in certain situations; providing access to out-of-state documents in certain circumstances; prohibiting disclosure of persons under investigation by the Investigations and Fraud Management Division; defining terms; creating misdemeanor and felony offenses for certain unlawful use of certain benefits or benefit access devices; stating certain presumptions and calculations permissible in prosecution of these offenses; and providing an alternative to confinement for individuals convicted of the offenses associated with unlawful use of certain benefits.

    With the recommendation that the committee substitute for committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Education has had under consideration

    Senate Bill No. 422, Expanding state aid for students of certain health professions.

    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 Finance.

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

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

    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. 455, Creating Move to Improve Act.

    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 Education.

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

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

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

    Your Committee on Education has had under consideration

    Eng. Com. Sub. for House Bill No. 4003, Granting dual jurisdiction to counties where a student who lives in one county and attends school in another in order to enforce truancy policies.

    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 H. Plymale,

                                 Chair.

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

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

    Your Committee on Finance has had under consideration

    Eng. House Bill No. 4177, Making a supplementary appropriation to various agencies.

    And,

    Eng. House Bill No. 4182, Supplementing, amending, increasing, decreasing, and adding items of appropriations in various accounts.

    And reports the same back with the recommendation that they each 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 Senator Stollings:

    Senate Bill No. 456--A Bill to amend and reenact §11-27-38 of the Code of West Virginia, 1931, as amended, relating generally to health care provider taxes; modifying the expiration date for tax rate on eligible acute care hospitals; changing the tax rate on eligible acute care hospitals; and providing for disbursement of any funds remaining in the Eligible Acute Care Provider Enhancement Account.

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

    By Senators Cookman, Miller, Laird, Plymale, Kessler (Mr. President), Tucker and Snyder:

    Senate Bill No. 457--A Bill to amend and reenact §31-20-5h of the Code of West Virginia, 1931, as amended, relating to programs for inmates committed to state correctional facilities; requiring programs offered in regional jails to be the same as those offered in a Division of Corrections facility; requiring Division of Corrections employees or designees of the Commissioner of Corrections to provide said courses and classes; and authorizing the Regional Jail and Correctional Facility Authority and Division of Corrections to agree to designate certain facilities where said classes and programs are to be provided.

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

    By Senators Kessler (Mr. President), Barnes, Fitzsimmons, Kirkendoll, Walters, Laird, Yost, Cookman and Stollings:

    Senate Bill No. 458--A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to imposing additional fees in the circuit courts of the state to be dedicated to the support of civil legal services for low-income persons.

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

    By Senators Tucker, Williams, Cookman and Jenkins:

    Senate Bill No. 459--A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-13V-4 of said code, all relating to removing the severance tax on timber.

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

    By Senators Miller, Laird, Unger, Beach, Snyder, Stollings and Jenkins:

    Senate Bill No. 460--A Bill to amend and reenact §12-1-12d of the Code of West Virginia, 1931, as amended, relating to adding West Virginia School of Osteopathic Medicine to the list of state institutions of higher education that are permitted to invest certain moneys with its foundation; and establishing a cap on the amount of moneys that it may invest.

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

    By Senators Kessler (Mr. President), Williams, Tucker, Plymale, Stollings, Snyder, Cookman, Palumbo, Fitzsimmons, Beach, Yost, Miller, D. Hall, Jenkins, McCabe, Wells, Edgell, Barnes, Blair, Boley, Cann, Chafin, Kirkendoll, Laird, Nohe, Prezioso, Sypolt, Unger, Walters, Green and M. Hall:

    Senate Bill No. 461--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-5b, relating to the use of oil and natural gas severance tax revenues; setting a baseline of oil and natural gas severance tax revenue collections; creating the West Virginia Future Fund; providing for the distribution of funds collected in excess of that baseline; providing for initial funding of the West Virginia Future Fund to consist of twenty-five percent of excess proceeds from oil and natural gas severance taxes; expressing legislative intent not to encumber, spend, promise or otherwise use any interest from the West Virginia Future Fund for a term of six years following the creation of the West Virginia Future Fund; expressing legislative intent that the principal of the West Virginia Future Fund be inviolable and not be encumbered, spent, promised or otherwise disturbed; requiring moneys to be expended solely for economic development projects, infrastructure projects and supplementing and increasing state salaries for teachers as stated in section two, article four, chapter eighteen-a of this code; providing definitions; providing restrictions on the expenditure of moneys; providing duties of State Tax Commissioner; requiring report of expenditures to Joint Committee on Government and Finance; providing audits of distributed funds when authorized by the Joint Committee on Government and Finance; and authorizing legislative and emergency rules.

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

    By Senator D. Hall:

    Senate Bill No. 462--A Bill to amend and reenact §62-1C-14 of the Code of West Virginia, 1931, as amended, relating to bailpiece; and providing that the surety shall be relieved of acting collateral on the case(s) the bailpiece was applied for.

    Referred to the Committee on the Judiciary.

    By Senators D. Hall and Kessler (Mr. President):

    Senate Bill No. 463--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-4-22, relating to property, casualty or surety insurance carriers; and requiring at least seventy-five percent of the claims investigated and settled in West Virginia to be investigated and settled by a resident West Virginia licensed adjuster.

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

The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 22, Requesting DOH name I-81 overpass "Deputy John L. Burkett III Memorial Overpass".

    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. 267, Ensuring state courts' jurisdiction of fraudulent or unauthorized purchasing card use.

    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 No. 381, Requiring CPR and Heimlich maneuver instruction in public schools.

    On second reading, coming up in regular order, was read a second time.

    On motion of Senator Stollings, the following amendment to the bill was reported by the Clerk and adopted:

    On page three, section nine, line thirty-seven, by striking out the words “Heimlich maneuver” and inserting in lieu thereof the words “care for conscious choking”.

    The bill (Com. Sub. for Com. Sub. for S. B. No. 381), as amended, was then ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 405, Requiring presiding judge's permission to release juror qualification forms after trial's conclusion.

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

    Senate Bill No. 435, Correcting code reference relating to handgun safety training for certain court personnel.

    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 No. 32, Authorizing Legislative Auditor to collect sunrise application review fees.

    Com. Sub. for Senate Bill No. 165, Authorizing Department of Transportation promulgate legislative rules.

    Senate Bill No. 257, Relating to real property possessor's liability for harm to trespassers.

    Senate Bill No. 314, Appropriating hotel occupancy tax proceeds to counties with no more than one hospital.

    Senate Bill No. 325, Providing State Fire Marshal serve at will and pleasure of Fire Commission.

    Senate Bill No. 380, Redefining "all-terrain and utility terrain vehicles".

    Com. Sub. for Senate Bill No. 408, Relating to parole.

    And,

    Senate Bill No. 415, Changing due date of certain county commission tax reports.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until Monday, February 3, 2014, at 1 p.m.

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