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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

THIRTIETH DAY

____________

Charleston, W. Va., Thursday, February 6, 2014

    The Senate met at 11 a.m.

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

    Prayer was offered by Pastor Matthew Santen, River Ridge Church, Charleston, West Virginia.

    Pending the reading of the Journal of Wednesday, February 5, 2014,

    On motion of Senator Jenkins, 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 Commission on Special Investigations, submitting its annual report as required by chapter four, article five, section two 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 concurrence by that body in the passage, to take effect from passage, of

    Eng. Senate Bill No. 341, Making supplementary appropriation from State Excess Lottery Revenue Fund to Division of Human Services.

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

    Eng. Com. Sub. for House Bill No. 4196--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 or women.

    Referred to the Committee on Government Organization.

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

    Eng. Com. Sub. for House Bill No. 4236--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-9B-1, §15-9B-2 and §15-9B-3, all relating to establishing a regulatory system for sexual assault forensic examinations; requiring the creation of the Sexual Assault Forensic Examination Commission; setting forth its powers and responsibilities; setting forth its membership; requiring county prosecutors to convene and chair local Sexual Assault Forensic Examination Boards; and authorizing rule making.

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

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

    Eng. Com. Sub. for House Bill No. 4284--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-11B-1, §5-11B-2, §5-11B-3, §5-11B-4, §5-11B-5, §5-11B-6 and §5-11B-7, all relating to creating the Pregnant Workers’ Fairness Act; defining unlawful employment practices; establishing remedies and enforcement for discriminatory conduct; authorizing rule-making by the West Virginia Human Rights Commission; establishing the relationship of the article to other laws; and requiring a report to the Joint Committee on Government and Finance.

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

    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. 25--Urging the West Virginia Governor’s Office and the Senate and House Finance Committees to include sufficient funds in the FY2015 budget to eliminate the wait list for the Aged and Disabled Waiver program.

    Referred to the Committee on Health and Human Resources.

    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. 57--Urging the West Virginia Governor’s Office to direct the Secretary of the Department of Health and Human Resources to amend the Code of State Rules, Title 64, Series 2, to provide for the licensing of adult day health centers that implement a hybrid model of care.

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

    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. 58--Requesting that the Joint Committee on Government and Finance authorize a study on the growing needs for in-home care and personal services for West Virginia’s aging population.

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

    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. 59--Urging the West Virginia Governor’s Office to direct the Director of the Bureau of Senior Services to issue a report on the growing needs for in-home care and personal services for West Virginia’s aging population, and the bureau’s abilities and challenges in meeting those growing needs.

    Referred to the Committee on Health and Human Resources.

    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. 90, Creating criminal offense for interfering or preventing call for assistance of emergency service personnel.

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

    Com. Sub. for Senate Bill No. 90 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to creating a criminal offense for interfering with or preventing a person from calling for the assistance of emergency service personnel; defining terms; and establishing criminal penalties.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    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. 187, Authorizing Real Estate Commission promulgate legislative rule relating to schedule of fees.

    Senate Bill No. 188, Authorizing Alcohol Beverage Control Commission promulgate legislative rule relating to private club licensing.

    And,

    Senate Bill No. 191, Authorizing Alcohol Beverage Control Commission promulgate legislative rule relating to nonintoxicating beer licensing and operations procedures.

    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,

                               Roman W. Prezioso, Jr.,

                                 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. 297, Permitting certain state employees receive higher salary as appointive state officer.

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

    Com. Sub. for Senate Bill No. 297 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-7-2b, relating to exception to limitation on salaries of certain appointive state officers.

    Senate Bill No. 416, Relating to tentative appraisals of natural resources property.

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

    Com. Sub. for Senate Bill No. 416 (originating in the Committee on Government Organization)--A Bill to amend and reenact §11-6K-4 and §11-6K-5 of the Code of West Virginia, 1931, as amended, all relating to tentative appraisals of natural resources property by the Tax Commissioner for ad valorem property tax purposes; clarifying that notice requirements apply to all oil and natural gas property in production and reserve; and clarifying that informal review procedures do not apply to oil or natural gas property in production and reserve.

    And,

    Senate Bill No. 430, Relating to receipting of state moneys.

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

    Com. Sub. for Senate Bill No. 430 (originating in the Committee on Government Organization)--A Bill to amend and reenact §12-1-12b of the Code of West Virginia, 1931, as amended; to amend and reenact §12-2-2 of said code; and to amend and reenact §12-3-1 of said code, all relating to the State Treasurer’s Office; changing Cash Management Improvement Act reports from quarterly to annually; establishing standards and reviews for receipting of moneys for all spending units except the Department of Revenue; assisting spending units in developing and improving their internal controls for receipting moneys; authorizing the Treasurer to review internal control procedures for receipting moneys and to make revisions or suggestions; reviewing internal controls by auditors when auditing receipted moneys and ensuring copies of audits are submitted to the State Treasurer and Legislative Auditor; ensuring confidential information in internal control procedures is redacted before release; updating language that deposit information no longer needs to be manually forwarded since the Enterprise Resource System will automatically perform functions; adding the Board of Treasury Investments to the entities managing investments; clarifying when state checks are presumed stale and the process for dealing with stale checks; and requiring spending units to monitor checks issued on their behalf and to ensure stale checks with federal funds are properly reported.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bills (Com. Sub. for S. B. Nos. 297, 416 and 430), under the original double committee references, were then referred to the Committee on Finance.

    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. 307, Authorizing community corrections programs to operate pretrial release program.

    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,

                               Herb Snyder,

                                 Chair.

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

    Senator Williams, from the Committee on Economic Development, submitted the following report, which was received:

    Your Committee on Economic Development has had under consideration

    Senate Bill No. 312, Creating Project Launchpad Act.

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

    Com. Sub. for Senate Bill No. 312 (originating in the Committee on Economic Development)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B-2I-6, §5B-2I-7, §5B-2I-8, §5B-2I-9, §5B-2I-10, §5B-2I-11, §5B-2I-12, §5B-2I-13, §5B-2I-14, §5B-2I-15, §5B-2I-16, §5B-2I-17, §5B-2I-18, §5B-2I-19, §5B-2I-20, §5B-2I-21, §5B-2I-22, §5B-2I-23, §5B-2I-24, §5B-2I-25, §5B-2I-26, §5B-2I-27, §5B-2I-28, §5B-2I-29, §5B-2I-30, §5B-2I-31, §5B-2I-32, §5B-2I-33, §5B-2I-34, §5B-2I-35, §5B-2I-36, §5B-2I-37, §5B-2I-38, §5B-2I-39, §5B-2I-40 and §5B-2I-41; to amend said code by adding thereto a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5, §11-6L-6 and §11-6L-7; and to amend said code by adding thereto a new article, designated §11-21A-1, §11-21A-2, §11-21A-3, §11-21A-4, §11-21A-5, §11-21A-6, §11-21A-7, §11-21A-8, §11-21A-9, §11-21A-10, §11-21A-11, §11-21A-12, §11-21A-13, §11-21A-14, §11-21A-15, §11-21A-16, §11-21A-17 and §11-21A-18, all relating generally to economic development and job creation; creating the West Virginia Project Launchpad Act; providing short title; providing legislative purpose and finding; defining certain terms; providing criteria for establishment of West Virginia project launchpads by Governor; allowing county commissions and county councils to apply for launchpad designations; providing for form and content of applications; specifying process for review of applications and criteria for designating geographic areas as launchpads and for expansion and decertification of launchpads; providing economic benefits for businesses locating or expanding in launchpads including state and local tax relief and other economic benefits; prohibiting qualified businesses in a launchpad from employing illegal aliens, engaging in illegal activity or being delinquent in payment of state and local taxes; permitting transfer of economic benefits to successor businesses; requiring qualified business to comply with applicable zoning laws and state and local building and other codes; providing for recapture of taxes and other economic benefits under specified circumstances; promulgation of rules; imposing civil and criminal penalties for noncompliance; providing rules of application and construction; requiring periodic reports to Governor and Legislature; providing for severability and expiration; providing a special method for appraising property in launchpad for economic development; providing short title; defining certain terms; providing method of valuation of launchpad property; providing for initial determination of value by assessor and for protest and appeals; requiring periodic reports to Governor and Legislature and specifying effective dates; creating the Promoting West Virginia Employment Act; providing short title and scope of article; defining certain terms; providing qualification for benefits; specifying benefits upon application and review; specifying annual cap on benefits; providing for recapture of benefits; providing for administration and enforcement of article including issuance of regulations; requiring periodic reports to Governor and Legislature; and specifying effective dates.

    And,

    Senate Bill No. 461, Creating Future Fund.

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

    Com. Sub. for Senate Bill No. 461 (originating in the Committee on Economic Development)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-5b, relating to creation of a Future Fund for conserving a portion of proceeds from oil and natural gas severance tax revenues for future expenditures; creating an interest-bearing special revenue account; authorizing the West Virginia Investment Management Board to invest moneys of the fund; providing that the principal of the fund be inviolate and that only the investment income may be expended; providing for contributions to the fund from a portion of revenues collected from oil and natural gas severance taxes; prohibiting appropriation and expenditure from the fund until fiscal year 2020; requiring moneys to be expended solely for economic development projects, infrastructure projects and educational enhancement; and defining certain terms.

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

                             Respectfully submitted,

                               Bob Williams,

                                 Chair.

    The bills (Com. Sub. for S. B. Nos. 312 and 461), under the original double committee references, were then referred to the Committee on Finance.

    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. 403, Regulating importation and possession of certain injurious aquatic species.

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

                             Respectfully submitted,

                               William R. Laird IV,

                                 Chair.

    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. 404, Allowing reciprocal use of hunting and fishing licenses with Kentucky on Big Sandy and Tug Fork rivers.

    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,

                               William R. Laird IV,

                                 Chair.

    The bill, under the original double committee reference, was 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. 418, Relating to Board of Medicine licensing of medical corporations.

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

    Com. Sub. for Senate Bill No. 418 (originating in the Committee on Government Organization)--A Bill to amend and reenact §30-3-15 of the Code of West Virginia, 1931, as amended, relating to medical and podiatry corporations; declaring unlawful acts; clarifying the certificate of authorization requirements for in-state and out-of-state medical and podiatry corporations; setting forth the shareholder requirements; setting notice requirements to the Secretary of State; clarifying renewal requirements for certificate of authorization; clarifying conditions under which the medical and podiatry corporations can practice; ceasing operation requirements; clarifying court evidence; and providing criminal penalties.

    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,

                               Herb Snyder,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 418), under the original double committee reference, was 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. 439, Permitting Ohio County Commission levy special district excise tax for Fort Henry.

    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,

                               Herb Snyder,

                                 Chair.

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

    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. 454, Defining dam "owner".

    And reports the same back with the recommendation that it 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 Senators Unger, Carmichael, Cookman, Beach, Fitzsimmons, D. Hall, Tucker, Williams, Green, Cole, Stollings, Plymale, Jenkins, Kessler (Mr. President), Blair, Laird, Nohe and Prezioso:

    Senate Bill No. 498--A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-7-2 and §61-7-6 of said code, all relating to firearms and concealed firearms licenses; permitting persons to possess firearms, other than shotguns and rifles, in a vehicle or conveyance without a concealed deadly weapons permit; changing certain provisions covering all firearms to be limited to shotguns and rifles; removing the provision that a firearm located in a storage area in or on a motor vehicle is deemed to be carried on or about a person who has a concealed handgun license; and permitting a person to transport concealed firearms in a private motor vehicle or a private water-borne conveyance without the necessity of having concealed deadly weapons permit.

    Referred to the Committee on the Judiciary.

    By Senators Kirkendoll, McCabe, Edgell, Cann, M. Hall, Carmichael, Plymale, Palumbo and Nohe:

    Senate Bill No. 499--A Bill to repeal §12-6-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §12-6-2 and §12-6-11 of said code, all relating to investment of moneys by the West Virginia Investment Management Board; modifying the definition of the term “securities”; imposing the prudent investor standard of care set forth in the West Virginia Uniform Prudent Investor Act as the primary standard of care for the trustees of the West Virginia Investment Management Board; removing certain restrictions on investments by the Investment Management Board; and restating certain restrictions on investments by the West Virginia Investment Management Board.

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

    By Senators Walters and D. Hall:

    Senate Bill No. 500--A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of the State Department of Health and Human Resources to require public buildings to have at least one restroom that complies with the Americans with Disabilities Act of 1990 (ADA); and requiring signs in other restrooms identifying locations of ADA compliant restrooms.

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

    By Senators Barnes, Yost and Blair:

    Senate Bill No. 501--A Bill to amend and reenact §19-2C-1, §19-2C-3, §19-2C-5, §19-2C-5a, §19-2C-6, §19-2C-6b, §19-2C-8 and §19-2C-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §19-2C-9a, all relating to auctioneers and apprentice auctioneers generally; redefining auctioneer exceptions; adding definitions; amending license renewal for expired licenses; allowing certain fees to be set by legislative rule; increasing length of record retention; clarifying qualifying test scores; restricting length of apprenticeship; adding duties of sponsoring auctioneer; increasing criminal penalties; requiring contracts to have certain provisions; and requiring escrow accounts.

    Referred to the Committee on Agriculture and Rural Development; and then to the Committee on Government Organization.

    By Senator Snyder:

    Senate Bill No. 502--A Bill to amend and reenact §36B-1-103, §36B-1-104, §36B-1-108, §36B-1-201, §36B-1-203, §36B-1-204, §36B-1-206 and §36B-1-207 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto four new sections, designated §36B-1-115, §36B-1-116, §36B-1-208 and §36B-1-209; to amend and reenact §36B-2-103, §36B-2-105, §36B-2-106, §36B-2-109, §36B-2-111, §36B-2-112, §36B-2-113, §36B-2-116, §36B-2-117, §36B-2-118 and §36B-2-119 of said code; to amend said code by adding thereto two new sections, designated §36B-2-123 and §36B-2-124; to amend and reenact §36B-3-101, §36B-3-102, §36B-3-103, §36B-3-105, §36B-3-106, §36B-3-108, §36B-3-109, §36B-3-110, §36B-3-111, §36B-3-112, §36B-3-113, §36B-3-114, §36B-3-115, §36B-3-116, §36B-3-117 and §36B-3-118 of said code; to amend said code by adding thereto five new sections, designated §36B-3-120, §36B-3-121, §36B-3-122, §36B-3-123 and §36B-3-124; and to amend and reenact §36B-4-101, §36B-4-102, §36B-4-103, §36B-4-108, §36B-4-109, §36B-4-112, §36B-4-113, §36B-4-114, §36B-4-116 and §36B-4-117 of said code, all relating to updating the Uniform Common Interest Ownership Act; and providing for applicability of the chapter.

    Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.

    By Senators Stollings, Laird, Prezioso, Unger, Boley, M. Hall and Nohe:

    Senate Bill No. 503--A Bill to amend and reenact chapter forty-nine of the Code of West Virginia, 1931, as amended, all relating to revising, arranging, consolidating and recodifying the laws of the State of West Virginia relating to child welfare.

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

    By Senators Edgell, Barnes, Facemire and Yost:

    Senate Bill No. 504--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §14-1A-1, §14-1A-2, §14-1A-3, §14-1A-4 and §14-1A-5, all relating to the creation of the Debt Resolution Services Division within the Auditor’s Office; authorizing transaction fees; and creating the Debt Resolution Services Fund.

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

    By Senators Kirkendoll, Cann, Facemire, Green, D. Hall and Barnes:

    Senate Bill No. 505--A Bill to amend and reenact §17C-5A-2 of the Code of West Virginia, 1931, as amended, relating to hearings before the Office of Administrative Hearings; and requiring parties appealing a decision of the Office of Administrative Hearings to serve the petition for appeal on the Office of Administrative Hearings.

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

    By Senators Kirkendoll, Cann, Facemire, Green, D. Hall and Barnes:

    Senate Bill No. 506--A Bill to amend and reenact §29A-5-2 of the Code of West Virginia, 1931, as amended, relating to contested cases; and clarifying that the term “agency” as used in the section refers only to the agency charged with conducting the administrative hearing and not an agency appearing as a party in the proceeding.

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

    By Senators Snyder and Plymale:

    Senate Bill No. 507--A Bill to amend and reenact §30-27-4 and §30-27-6 of the Code of West Virginia, 1931, as amended, all relating to the Board of Barbers and Cosmetologists; changing board membership; requiring the board to offer examinations in other languages if available and upon request; requiring the board to consult with the West Virginia Council for Community and Technical College Education in setting standards for approval of courses and curriculum; and removing outdated language.

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

    Senators Unger, Stollings, Plymale, Laird, D. Hall, Miller and Fitzsimmons offered the following resolution:

    Senate Resolution No. 18--Recognizing the West Virginia Community Development Hub and its Communities of Achievement Program for its dedication to community development and its support and assistance of communities throughout West Virginia working to achieve robust, community-driven economic development.

    Whereas, The objective of the West Virginia Community Development Hub’s Communities of Achievement Program is to provide communities with the training, resources, coaching, tools, support and technical assistance to enable them to achieve measurable success on their locally determined and driven projects; and

    Whereas, The Hub’s Communities of Achievement Program provides this support through a challenge-centric, performance-driven community improvement program that requires community leaders to form community collaboration teams consisting of a diverse and committed group of community leaders; and

    Whereas, These community collaboration teams, comprised of community volunteers who contribute significant personal time, energy and wisdom, and who care deeply about their communities and the future of West Virginia, engage the broader community in the decision-making process and the implementation of their projects, and see this broader community engagement as central to robust community development in West Virginia; and

    Whereas, The 2010 West Virginia Community Development Hub’s Communities of Achievement Program included nine community collaboration teams, with teams from Ansted, Buckhannon, Doddridge County, Fairmont Southside, McDowell County, Mullens, Shinnston, Wayne County and Williamson, all of which achieved projects that measurably improved their communities; and

    Whereas, The 2013 West Virginia Community Development Hub’s Communities of Achievement Program engages six community collaboration teams from Belington, Chester, Clay County, Lincoln/Logan counties, Martinsburg and Wayne County that are implementing projects to improve their communities in diverse ways including increased educational attainment, industrial redevelopment, tourism development, enhanced recreation and 4-H facilities, historic downtown revitalization and more; and

    Whereas, The West Virginia Community Development Hub’s Communities of Achievement Program is committed to continued expansion of challenge-centric, performance-driven community development throughout the State of West Virginia through the development of future community collaboration teams and the training of community coaches to support the efforts of these teams; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes the West Virginia Community Development Hub and its Communities of Achievement Program for its dedication to community development and its support and assistance of communities throughout West Virginia working to achieve robust, community-driven economic development; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the representatives of West Virginia Community Development Hub.

    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 resumed business under the sixth order.

    Senators Stollings, Plymale, Unger, Jenkins, Kessler (Mr. President), Laird and Fitzsimmons offered the following resolution:

    Senate Resolution No. 19--Recognizing the contributions and efforts of all organ procurement organizations in the State of West Virginia and encouraging West Virginians to “Make the Pledge for Life” by registering to become an organ, tissue or cornea donor.

    Whereas, In 2013, there were two hundred forty-five donor families from the State of West Virginia affiliated with the Center for Organ Recovery and Education (CORE); and

    Whereas, In 2013, there were forty-four organ donors and one hundred ninety-nine tissue donors in the State of West Virginia.

    Whereas, Nearly nine hundred West Virginia adults and children are waiting for an organ transplant; and

    Whereas, West Virginians, including thirteen-year-old Jay Wessels of Charleston, who received a lifesaving heart transplant in Pittsburgh, Pennsylvania, on October 30, 2013, are blessed with a second chance to live long and productive lives surrounded by loving and grateful families and friends; and

    Whereas, West Virginians like the late Shane Jividen, former Eleanor Volunteer Fire Chief, gave new health to six suffering individuals through selfless donation of his liver, kidneys, cornea and heart; and

    Whereas, West Virginia communities and families band together in support of organ recipients like Jay Wessels, recognizing the courage and sacrifice of donor families, who often remain anonymous even to those whose lives they save; and

    Whereas, West Virginia recipients and communities are awed and humbled by the generosity of donor families, such as the Jividen family, whose gift in the face of terrible tragedy inspires others to renewed hope and optimism; and

    Whereas, Charleston Area Medical Center, a CORE-affiliated transplant center, assisted in completing a total of twenty-seven kidney transplants in West Virginia alone in 2013; and

    Whereas, West Virginia’s own Sunday Gazette-Mail and Charleston Daily Mail have recognized the lifesaving benefits of individuals registering to donate their organs and body tissue; and

    Whereas, The West Virginia Division of Motor Vehicles facilitates the process of designating individuals as organ donors by allowing West Virginians to simply check the donor box on their application or renewal form for their driver’s license or photo identification at the local DMV office; and

    Whereas, The West Virginia Division of Motor Vehicles allows currently licensed drivers to obtain a duplicate license with an added endorsement for organ donation upon presentation of the individual’s old license and one proof of current residence; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes the contributions and efforts of all organ procurement organizations in the State of West Virginia and encourages West Virginians to “Make the Pledge for Life” by registering to become an organ, tissue or cornea donor; and, be it

    Further Resolved, That the Senate recognizes the overwhelming value of lifesaving organ donation and transplant services within our own communities, and encourages all eligible West Virginians to register as donors; and be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of CORE.

    At the request of Senator Stollings, 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 resumed business under the sixth order.

    Senators Miller, Laird, Stollings, Plymale, Unger, Jenkins, Kessler (Mr. President), D. Hall, Prezioso, Beach, Green, McCabe and Fitzsimmons offered the following resolution:

    Senate Resolution No. 20--Recognizing the West Virginia School of Osteopathic Medicine for excellence in medical education and its many contributions to the State of West Virginia.

    Whereas, The West Virginia School of Osteopathic Medicine is located in Lewisburg, West Virginia; and

    Whereas, The mission of the West Virginia School of Osteopathic Medicine is to educate students from diverse backgrounds as lifelong learners in osteopathic medicine and complementary health-related programs; to advance scientific knowledge through academic, clinical and basic science research; and to promote patient-centered, evidence-based medicine; and

    Whereas, The West Virginia School of Osteopathic Medicine is dedicated to serving, first and foremost, the State of West Virginia and the special health care needs of its residents, emphasizing primary care in rural areas; and

    Whereas, The West Virginia School of Osteopathic Medicine is a leader in producing graduates who practice in rural settings and has a nationally recognized faculty and innovative programs; and

    Whereas, U. S. News & World Report has ranked the West Virginia School of Osteopathic Medicine among the top medical schools in the nation in primary care and family medicine for the past fourteen years, solidifying the school’s reputation as a place where scientific study and compassion are joined in one curriculum; and

    Whereas, The West Virginia School of Osteopathic Medicine is known nationwide for its efforts in rural, family and primary care medicine and has received many accolades to support its efforts, including: First in the nation for graduating primary care physicians who practice in rural Appalachia (Academic Medicine, April, 2012); third in the nation for percentage of medical school graduates entering primary care specialties (U. S. News & World Report); twelfth in the nation for percentage of graduates entering rural medicine (U. S. News & World Report); and twelfth in the nation for percentage of graduates entering family medicine (U. S. News & World Report); and

    Whereas, Graduates of the West Virginia School of Osteopathic Medicine practice medicine in forty-seven states and the District of Columbia, and in forty-six of West Virginia’s fifty-five counties; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes the West Virginia School of Osteopathic Medicine for excellence in medical education and its many contributions to the State of West Virginia; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia School of Osteopathic Medicine.

    At the request of Senator Miller, 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 resumed business under the sixth order.

Petitions

    Senator Miller presented a petition from Tiffany Burns and four hundred sixty-nine West Virginia residents, supporting Senate Bill No. 460 (Permitting School of Osteopathic Medicine invest certain moneys in its foundation).

    Referred to the Committee on Education.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 25, Requesting DOH name portion of State Rt. 37 "Army Spec. 4th Class Darrell W. Sanders Memorial Highway".

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

    Senate Concurrent Resolution No. 26, Requesting DOH rename County Rt. 35/3 in Wayne County "Stonewall Veterans Memorial Highway".

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

    Senate Concurrent Resolution No. 27, Urging President and Congress establish provisions to prevent and respond to chemical spills in state and national waters.

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

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 353, Relating to timber theft in state forests.

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 353) passed.

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

    Eng. Com. Sub. for Com. Sub. for 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 creating the offense of timber theft from state forests; providing the Division of Forestry authority to investigate and enforce timber theft violations in state forests for research and investigative purposes; directing the Division of Forestry to create and maintain a central registry of information relating to timber theft from state forests; clarifying that treble damages are applicable to state forest timber thefts; and setting forth criminal and civil penalties.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    The Senate proceeded to the ninth order of business.

    Com. Sub. for Com. Sub. for Senate Bill No. 336, Relating to possession and administration of opioid antagonist.

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

    Com. Sub. for Senate Bill No. 397, Expanding scope of activities considered financial exploitation of elderly.

    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:

    Senate Bill No. 426, Relating to appointments to certain higher education commissions, councils and boards.

    Com. Sub. for Senate Bill No. 450, Relating to sale and consumption of alcoholic liquors in certain outdoor dining areas.

    And,

    Senate Bill No. 470, Providing completed grand jury questionnaires are confidential.

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

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, February 7, 2014, at 10 a.m.

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