WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2014
FORTY-THIRD DAY
____________
Charleston, W. Va., Wednesday, February 19, 2014
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by the Reverend Gary Nelson, Cross Lanes United Methodist Church, Cross Lanes, West Virginia.
Children from the West Virginia Schools for the Deaf and the Blind, Romney, West Virginia, then proceeded in the singing of a medley of West Virginia-themed songs and the West Virginia Schools for the Deaf and the Blind school song.
Pending the reading of the Journal of Tuesday, February 18, 2014,
On motion of Senator Tucker, 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 passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4302--A Bill to amend and reenact §18-9-2 of the Code of West Virginia, 1931, as amended, relating to elections for public school purposes; allowing use of county election officials to conduct the elections; and designating the county commission as the board of canvassers to canvass the returns of all elections for public school purposes.
Referred to the Committee on the Judiciary.
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
Com. Sub. for Senate Bill No. 95 (originating in the Committee on Transportation and Infrastructure), Creating felony offense for DUI causing serious bodily injury.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 95 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17C-5-2 and §17C-5-2b of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-5A-1, §17C-5A-2, §17C-5A-3 and §17C-5A-3a of said code, all relating to making it a felony to drive a vehicle while under the influence of alcohol, controlled substance or other drug and cause death or serious bodily injury to another person; eliminating misdemeanor offense of driving a vehicle while under the influence of alcohol, controlled substance or other drug and causing death; amending internal code references; and establishing criminal and administrative penalties.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Tucker, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 593, Authorizing issuance of limited lines travel insurance producer license.
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,
Gregory A. Tucker,
Chair.
At the request of Senator Tucker, unanimous consent being granted, the bill (S. B. No. 593) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Tucker, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 610, Requiring health insurance coverage for certain nonnarcotic pain relief systems.
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,
Gregory A. Tucker,
Chair.
At the request of Senator Tucker, unanimous consent being granted, the bill (S. B. No. 610) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Kessler (Mr. President), from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Resolution No. 27, Amending Rules of Senate relating to witnesses before committees.
And reports the same back without recommendation as to adoption; but with the recommendation that it first be referred to the Committee on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chairman ex officio.
At the request of Senator Unger, unanimous consent being granted, the resolution (S. R. No. 27) contained in the preceding report from the Committee on Rules was taken up for immediate consideration.
On motion of Senator Unger, the resolution was referred to the Committee on the Judiciary.
The Senate proceeded to the fifth order of business.
Senator Unger, from the Select Committee on Children and Poverty, submitted the following report, which was received:
Your Select Committee on Children and Poverty has had under consideration
Senate Bill No. 253, Clarifying code for Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 253 (originating in the Select Committee on Children and Poverty)--A Bill to amend and reenact §18-21-2 and §18-21-4 of the Code of West Virginia, 1931, as amended, all relating to the special Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth; updating certain titles; and making technical corrections.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Education.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 253) contained in the preceding report from the Select Committee on Children and Poverty was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Education.
Senator Unger, from the Select Committee on Children and Poverty, submitted the following report, which was received:
Your Select Committee on Children and Poverty has had under consideration
Senate Bill No. 628, Creating Healthy Children and Healthy Communities Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 628 (originating in the Select Committee on Children and Poverty)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4 and §16-46-5, all relating to the Healthy Children and Healthy Communities Act; providing short title; providing legislative findings and purpose; defining terms; permitting the Bureau for Public Health to consult with Division of Highways and municipal governments; providing options and opportunities for development of healthy communities; encouraging physical activity and physical education; and requiring that governmental entities consider collaborative agreements and submit reports.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Health and Human Resources.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 628) contained in the preceding report from the Select Committee on Children and Poverty was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Health and Human Resources.
The Senate proceeded to the sixth order of business.
Senators M. Hall, Carmichael and Stollings offered the following resolution:
Senate Concurrent Resolution No. 43--Requesting the Division of Highways to name the bridge in Putnam County, structure number 00000000040A157, on Route 35 crossing over 5 and 20 Creek Road, 1.17 miles north of CR 19, the “Sgt. Deforest Lee Talbert Memorial Bridge”.
Whereas, Sgt. Deforest Lee Talbert was born January 24, 1982, in Alexandria, Virginia, the son of Gloria Nesbitt and Benjamin Dickens. He graduated from T. C. Williams High School. He moved to West Virginia to attend West Virginia State University where he majored in communications. He enlisted in the West Virginia Army National Guard at Dunbar, West Virginia, and was assigned to Bravo Company 1/150 AR in 2001; and
Whereas, Sgt. Deforest Lee Talbert was mobilized as part of Operation Iraqi Freedom on October 1, 2003, and was reassigned to Charlie Company 1/150 AR. His company was deployed to the Iraqi Theater of Operations along with the 1-150th Armor Battalion and the 30th Brigade Team on February 29, 2004. He served as an assistant gunner with the First Platoon, Charlie 12 gun truck. While patrolling on the evening of July 27, 2004, Sgt. Talbert’s convoy was the target of an enemy attack using an improvised explosive device. Three of his fellow soldiers were injured, but Sgt. Talbert absorbed the brunt of the explosion and was instantly killed. Sgt. Deforest Lee Talbert received the Army Service Ribbon, the Sharpshooter Marksmanship Badge (Pistol), the Expert Marksmanship Badge (Grenade), SSI/FWS for the 30th Brigade Combat Team and the 1st Infantry Division and, posthumously, a Purple Heart and a Bronze Star with V Device; and
Whereas, Sgt. Deforest Lee Talbert made the ultimate sacrifice for his country and in doing so represented West Virginia and his country with the highest levels of honor and courage and his sacrifice should not go unnoticed. Naming this bridge in Putnam County for him is an appropriate recognition of his ultimate sacrifice for state and country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge in Putnam County, structure number 00000000040A157, on Route 35 crossing over 5 and 20 Creek Road, 1.17 miles north of CR 19, the “Sgt. Deforest Lee Talbert Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Sgt. Deforest Lee Talbert 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 Secretary of the Department of Transportation, the Commissioner of Highways and the surviving family members of Sgt. Deforest Lee Talbert: Mother, Gloria Nesbitt; father, Benjamin Dickens; sisters, Tawanna Talbert-Loving, Latasha Marble and Chiquita Talbert; brother, James Talbert; and his devoted friend, Frances Hamlet.
Which, under the rules, lies over one day.
Senators Prezioso, Stollings, Kessler (Mr. President), Cann, Beach and Edgell offered the following resolution:
Senate Concurrent Resolution No. 44--Requesting the Division of Highways to name bridge number 25-79-138.77 (25A145), on the northbound lane of I-79 at Exit 139, in Marion County, the “Junior Slaughter Bridge”.
Whereas, Junior Slaughter was born January 18, 1929, in Fairmont, the son of the late William and Liddia Ann Hawkins Slaughter and Reba Mosier; and
Whereas, Junior Slaughter served in the United States Navy on the USS Timbalier, and was stationed in Trinidad before returning to Fairmont to join the Fairmont City Police Department; and
Whereas, Junior Slaughter served on the Fairmont City Police Department for over twenty years before retiring as lieutenant in charge of the detective division; and
Whereas, Junior Slaughter subsequently served six years as Chief Deputy of the Marion County Sheriff's Department, two terms as Sheriff of Marion County, one term as a magistrate in Marion County and was reelected for an additional two terms as Sheriff of Marion County; and
Whereas, Junior Slaughter was a member of the Benton’s Ferry United Methodist Church and was active in numerous other organizations in Marion County, including Moose Lodge No. 9, Lions Club, Fraternal Order of the Eagles, BPOE No. 294, VFW No. 7048, Fraternal Order of Police Lodge No. 69, United Mine Workers Association, AFL-CIO, President of the Marion County Democratic Men’s Club, Marion County Democratic Executive Committee, Associated Businesses of East Fairmont, American Legion, National Rifle Association and a former member of the Board of Directors of the American Red Cross. In addition, he was a member of the AF&AM No. 157 in Fairmont. He was a noble in the Osiris Shrine Center in Wheeling and was a past President and member of the Upper Monongahela Valley Shrine Club in Fairmont; and
Whereas, Junior Slaughter enjoyed West Virginia University football, traveling and spending time with his family and friends; and
Whereas, Sadly, Junior Slaughter passed away in Fairmont on August 18, 2011, at the age of eighty-two; and
Whereas, Junior Slaughter was preceded in death by his wife, Ruby Gay Slaughter, in 1995. He is survived by a son and daughter-in-law, John and Sharlene Slaughter of Benton’s Ferry Community; by three daughters, Martha Furbee of Benton’s Ferry Community, Carolyn Ledsome of Montana Mines Community and Beverly Thomas of Mount Harmony Community; one sister, Vivian Riley of Worthington; and his best friend and companion, Shirley Heston of Fairmont. He is also survived by six grandchildren, five great-grandchildren and many nieces and nephews; and
Whereas, It is only fitting and proper that we name this bridge on I-79 for Junior Slaughter to honor his many years of dedicated public service to the City of Fairmont, to Marion County and to the greater north central region of this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 25-79-138.77 (25A145), on the northbound lane of I-79 at Exit 139, in Marion County, the “Junior Slaughter Bridge”; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Junior Slaughter Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Junior Slaughter.
Which, under the rules, lies over one day.
Senators Miller, Snyder, Stollings, D. Hall, Jenkins, Laird, Cole, Fitzsimmons and Green offered the following resolution:
Senate Resolution No. 34--Recognizing the Greenbrier Valley Polar Bear Plunge Club for its commitment to doing charitable work for the youth of West Virginia.
Whereas, The Greenbrier Valley Polar Bear Plunge Club was created to honor the daring persona and fortitude of the late Kay Sweet Giggenbach; and
Whereas, The Greenbrier Valley Polar Bear Plunge Club is committed to raising money for the nonprofit Child and Youth Advocacy Center of Lewisburg, West Virginia, an organization that interviews and counsels sexually abused children in Greenbrier, Monroe and Pocahontas counties, and aids in the prosecution of child abusers; and
Whereas, The Greenbrier Valley Polar Bear Plunge Club meets each year on the Saturday closest to March 8 at Blue Bend in the Monongahela National Forest in Greenbrier County; and
Whereas, Kindred spirits gather to plunge into the icy cold waters of Anthony Creek and since 2008 have raised nearly $40,000 for the Child and Youth Advocacy Center; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the Greenbrier Valley Polar Bear Plunge Club for its commitment to doing charitable work for the youth of West Virginia; and, be it
Further Resolved, That the Senate wishes all the members of the Greenbrier Valley Polar Bear Plunge Club well as they take the plunge on the occasion of their eleventh annual event; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Greenbrier Valley Polar Bear Plunge Club.
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.
Senators Stollings, Snyder, Plymale, Kessler (Mr. President), Yost, D. Hall, Jenkins, Laird, Prezioso, Carmichael, Cole, Beach, Fitzsimmons, Edgell and Green offered the following resolution:
Senate Resolution No. 35--Designating February 19, 2014, as Disability Advocacy Day.
Whereas, There are over four hundred thousand West Virginians with disabilities; and
Whereas, People with disabilities have the right to live, work and fully participate in their communities to realize their dreams; and
Whereas, People with disabilities have the right to receive the supports they need to exercise self-determination, achieve independence and become productive employees in the workplace; and
Whereas, West Virginia’s citizens with disabilities have banded together in a collective group, called the Fair Shake Network, to help bring their concerns to the forefront of public awareness; and
Whereas, The Fair Shake Network has developed a statewide network concerned with all types of disabilities and all age groups, providing opportunities for people to learn from each other and take action together; and
Whereas, Such organizations as the Appalachian Center for Independent Living, Mountain State Centers for Independent Living, Northern West Virginia Center for Independent Living, West Virginia Developmental Disabilities Council, West Virginia Statewide Independent Living Council, West Virginia Division of Rehabilitation Services, Job Squad, West Virginian Parent Training & Information, West Virginia Advocates, AARP WV, AARP Senior Medicare Patrol, West Virginia Relay, Ron Yost Personal Assistance Program, The Arc of WV, People First, West Virginia University Center for Excellence in Disabilities, Central West Virginia CAC, West Virginia ADA Coalition, Upper Potomac Area Agency on Aging, West Virginia Alliance for Sustainable Families, Van Lifts Unlimited, West Virginia Human Rights Commission, Autism Training Center, West Virginia State Rehabilitation Council and the West Virginia Commission for the Deaf and Hard of Hearing have joined together to help increase public awareness of issues involving the many concerns of West Virginians with disabilities through the Fair Shake Network; and
Whereas, The purpose of Disability Advocacy Day is to increase the awareness and understanding of legislators, administrators, policymakers and the public of the public policy issues that are important to people with disabilities; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 19, 2014, as Disability Advocacy Day; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the Fair Shake Network.
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 proceeded to the seventh order of business.
Senate Concurrent Resolution No. 31, Recognizing National Radio Astronomy Observatory's Center for STEM Education.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 39, Requesting DOH name road in Boone County "Army Sgt. Andy Messer 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. 40, Requesting DOH name Joe's Creek Road in Lincoln County "Army PFC John E. Runyan Memorial Road".
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. 41, Requesting DOH name portion of Rt. 83 in McDowell County "Army MSG Joe C. Alderman Memorial Road".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
House Concurrent Resolution No. 14, The "Army Specialist Fifth Class Elton Dale Workman Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page two, after the seventh Whereas clause, by inserting a new Whereas clause, to read as follows:
“Whereas, Elton Dale Workman passed away on July 13, 2007; and”;
On page two, in the Resolved clause, by striking out the words “‘Army Specialist Fifth Class” and inserting in lieu thereof the words “‘U. S. Army SP5”;
On page two, in the first Further Resolved clause, by striking out the words “‘Specialist Fifth Class” and inserting in lieu thereof the words “‘U. S. Army SP5”;
And,
By striking out the title and substituting therefor a new title, to read as follows:
House Concurrent Resolution No. 14--Requesting that bridge number 8-15-4.55 (BARS Number 08A032) crossing Dog Run on West Virginia Route 15, in Clay County, West Virginia, be named the “U. S. Army SP5 Elton Dale Workman Memorial Bridge”.
The question being on the adoption of the resolution, as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for House Concurrent Resolution No. 19, The "Army Specialist 4 William Lewis Reger Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
By striking out everything after the title and inserting in lieu thereof the following:
Whereas, William Lewis Reger was born on February 20, 1945, in Buckhannon, West Virginia; and
Whereas, William Lewis Reger was a son of the late Bob and Gwen Reger; and
Whereas, William Lewis Reger was a 1963 graduate of Buckhannon-Upshur High School, graduated from West Virginia Wesleyan College in 1967 with a major in chemistry and was a graduate assistant at Marshall University; and
Whereas, William Lewis Reger was an Eagle Scout, a member of the First United Methodist Church, a member of the Kappa Alpha Order and played football at both Buckhannon-Upshur High School and West Virginia Wesleyan College; and
Whereas, William Lewis Reger joined the Army in July 1968 and began his tour of duty on April 22, 1969; and
Whereas, Army Specialist Fourth Class Reger was a Field Communications Electronics Equipment Mechanic with D Company, 1st Battalion, 12th Infantry; and
Whereas, Army Specialist Fourth Class Reger died on November 8, 1969, in Tay Ninh, South Vietnam; and
Whereas, It is fitting that an enduring memorial be established to commemorate this native son who made the ultimate sacrifice while engaged in service for his state and his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 49-151-0.68 (49A069) on Route 151 in Upshur County, West Virginia, the “U. S. Army SP4 William Lewis Reger Memorial Bridge”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “U. S. Army SP4 William Lewis Reger Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and Army Specialist Fourth Class Reger’s three brothers, Robert H. (Bob) Reger, Jr., John E. (Jack) Reger and James P. (Jim) Reger.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Com. Sub. for House Concurrent Resolution No. 19--Requesting that bridge number 49-151-0.68 (49A069) on Route 151 in Upshur County, West Virginia, the “U. S. Army SP4 William Lewis Reger Memorial Bridge”.
The question being on the adoption of the resolution, as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for House Concurrent Resolution No. 23, Army Sgt. Walter William Smith Memorial Bridge.
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
By striking out everything after the title and inserting in lieu thereof the following:
Whereas, Walter William Smith was born on March 9, 1920, in Buckhannon, Upshur County, West Virginia; and
Whereas, Walter William Smith enlisted in the engineering corps of the Army in 1940 at St. Louis, Missouri; and
Whereas, Sergeant Walter William Smith was awarded a Purple Heart, Good Conduct Medal and three battle stars; and
Whereas, Sergeant Smith was killed in action at Kasserine Pass, North Africa, on February 19, 1943; and
Whereas, It is fitting to honor Sergeant Smith’s life and service by naming bridge number 49-13-1.57 in Upshur County after him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 49-13-1.57 (49A102) in Upshur County, as the “U. S. Army Sgt. Walter William Smith 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 “U. S. Army Sgt. Walter William Smith Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and Sergeant Smith’s surviving relatives.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Com. Sub. for House Concurrent Resolution No. 23--Requesting the Division of Highways to name bridge number 49-13-1.57 (49A102) in Upshur County the “U. S. Army Sgt. Walter William Smith Memorial Bridge.”
The question being on the adoption of the resolution, as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for House Concurrent Resolution No. 27, The Audra Park Bridge in Memory of Army Sergeant John A. Charnoplosky.
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page two, in the Resolved clause, by striking out the words “‘The Audra Park Bridge In Memory of Army Sergeant John A. Charnoplosky’” and inserting in lieu thereof the words “the ‘U. S. Army Sergeant John A. Charnoplosky Memorial Bridge’”;
On page two, in the first Further Resolved clause, by striking out the words “‘The Audra Park Bridge In Memory of Army Sergeant John A. Charnoplosky’” and inserting in lieu thereof the words “the ‘U. S. Army Sergeant John A. Charnoplosky Memorial Bridge’”;
And,
By striking out the title and substituting therefor a new title, to read as follows:
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 “U. S. Army Sergeant John A. Charnoplosky Memorial Bridge”.
The question being on the adoption of the resolution, as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for House Concurrent Resolution No. 35, The Arden Bridge in Memory of Abbie Gall.
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page one, in the Resolved clause, by striking out the words “The Arden Bridge in Memory of Abbie Gall” and inserting in lieu thereof the words “Abbie Gall Memorial Bridge”;
On page two, in the first Further Resolved clause, by striking out the words “The Arden Bridge in Memory of Abbie Gall” and inserting in lieu thereof the words “Abbie Gall Memorial Bridge”;
And,
By striking out the title and substituting therefor a new title, to read as follows:
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, the “Abbie Gall Memorial Bridge”.
The question being on the adoption of the resolution, as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for House Concurrent Resolution No. 37, Army Sergeant Charles Leo Dulaney Memorial Bridge.
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page two, in the Resolved clause, before the word “Army” by inserting “U. S.”;
On page two, in the first Further Resolved clause, before the word “Army” by inserting “U. S.”;
And,
By striking out the title and substituting therefor a new title, to read as follows:
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 “U. S. Army Sergeant Charles Leo Dulaney Memorial Bridge”.
The question being on the adoption of the resolution, as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 167, Authorizing Department of Revenue promulgate legislative rules.
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 S. B. No. 167) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, 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, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 167) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 315, Clarifying use of certain funds under Military Authority Act.
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 S. B. No. 315) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 328, Terminating Strategic Research and Development Tax Credit.
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. S. B. No. 328) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 376, Requiring certain construction workers complete OSHA safety program.
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, 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)--33.
The nays were: Blair--1.
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 S. B. No. 376) passed with its title.
Senator Unger moved that the bill take effect July 1, 2014.
On this question, the yeas were: Barnes, Beach, 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)--33.
The nays were: Blair--1.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 376) takes effect July 1, 2014.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 427, Relating to motor vehicle insurance.
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 S. B. No. 427) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 457, Requiring programs for temporarily detained inmates in regional jails.
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. S. B. No. 457) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 480, Expanding period during which certain motor vehicle liens are valid.
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. S. B. No. 480) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, 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, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 480) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 540, Requiring SSAC promulgate rules allowing college preparatory team recognition.
On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 18, 2014, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Walters, the following amendment to the bill was reported by the Clerk:
On page five, section twenty-five, line fifty-five, after the word “school.” by inserting the following: No private or parochial secondary school shall, upon its application for membership, be denied membership in the West Virginia Secondary School Activities Commission on account of the private or parochial secondary school offering a boarding program to its students, and no students so boarded may be denied participation in league, regional or state championships on account of their status as boarding students.
Following discussion,
The question being on the adoption of the amendment offered by Senator Walters to the bill, the same was put and did not prevail.
Thereafter, at the request of Senator Kirkendoll, and by unanimous consent, the remarks by Senator Edgell regarding the adoption of the amendment offered by Senator Walters to the bill (Com. Sub. for S. B. No. 540) were ordered printed in the Appendix to the Journal.
The bill was then ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 540 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Tucker, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.
The nays were: Blair, Snyder and Unger--3.
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 S. B. No. 540) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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 Com. Sub. for Senate Bill No. 252, Allowing certain expelled students to return to school through Juvenile Drug Court.
Com. Sub. for Senate Bill No. 318, Setting fees for manufacture, distribution, dispensing and research of controlled substances.
Com. Sub. for Senate Bill No. 383, Permitting certain residential real estate owners limited exemptions from licensing requirements.
Com. Sub. for Com. Sub. for Senate Bill No. 414, Redirecting nonprobate appraisement filings.
Senate Bill No. 456, Extending expiration date for health care provider tax on eligible acute care hospitals.
Com. Sub. for Senate Bill No. 461, Creating Future Fund.
Senate Bill No. 468, Providing for Veterans Medal and Service Cross.
Com. Sub. for Senate Bill No. 477, Providing teachers determine use of time during planning period.
Senate Bill No. 485, Exempting DOH from certain permitting requirements of Natural Stream Preservation Act.
Com. Sub. for Senate Bill No. 487, Authorizing municipal sales tax.
Com. Sub. for Senate Bill No. 507, Relating to Board of Barbers and Cosmetologists.
Senate Bill No. 558, Finding and declaring certain claims against state.
Senate Bill No. 559, Eliminating annual report late fees charged by Secretary of State.
Senate Bill No. 583, Permitting emergency rule-making authority to implement Spay Neuter Assistance Program.
Senate Bill No. 585, Removing unconstitutional language regarding access to rail lines.
Senate Bill No. 586, Removing unconstitutional language regarding jurors and verdicts permitted in certain civil litigation.
Com. Sub. for Senate Bill No. 600, Relating to municipal ordinance compliance regarding dwellings unfit for habitation and vacant buildings and properties.
Senate Bill No. 601, Removing unconstitutional language regarding relief in circuit court against erroneous assessments.
Com. Sub. for Senate Bill No. 603, Requiring automatic de-energization of mine extraction apparatus when certain methane concentration exists.
Com. Sub. for Senate Bill No. 619, Exempting certain critical access hospitals from certificate of need requirement.
And,
Com. Sub. for Senate Bill No. 621, Authorizing insurers offer flood insurance.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Plymale, Cole and Cookman.
Thereafter, at the request of Senator Snyder, and by unanimous consent, the remarks by Senator Plymale were ordered printed in the Appendix to the Journal.
At the request of Senator Carmichael, unanimous consent being granted, the remarks by Senator Cole were ordered printed in the Appendix to the Journal.
At the request of Senator Beach, and by unanimous consent, the remarks by Senator Cookman were ordered printed in the Appendix to the Journal.
At the request of Senator Beach, unanimous consent being granted, the Senate returned 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 recessed until 4:30 p.m. today.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Unger, and by unanimous consent, returned 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 Joint Resolution No. 12, Proposing constitutional amendment designated Claiming WV Water Resources for Use and Benefit of its Citizens.
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Joint Resolution No. 12 (originating in the Committee on the Judiciary)--Proposing an amendment to the Constitution of the State of West Virginia, amending article II thereof, by adding thereto a new section, designated section 9, relating to claiming the water resources of the state for the people; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
With the recommendation that the committee substitute be adopted; 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 Tucker, unanimous consent being granted, the resolution (Com. Sub. for S. J. R. No. 12) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, 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
Com. Sub. for Senate Bill No. 30 (originating in the Committee on Transportation and Infrastructure), Exempting autocycles from license examination and safety equipment requirements.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 30 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17B-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17B-2-7b of said code; to amend said code by adding thereto a new section, designated §17C-1-69; and to amend and reenact §17C-15-44 of said code, all relating to autocycles; defining “autocycle”; creating an autocycle exemption from motorcycle examination, licensing and endorsement requirements; allowing a person with a valid driver's license to operate an autocycle; creating an autocycle exemption from helmet and certain other motorcycle or motor-driven cycle safety requirements; and deleting obsolete language regarding the motorcycle safety and education committee.
And,
Com. Sub. for Senate Bill No. 317 (originating in the Committee on Government Organization), Requesting uniform regulation of firearms, ammunition and accessories.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 317 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-12-5a of said code, all relating to municipal firearm laws; removing firearm provisions from the Municipal Home Rule Pilot Program; prohibiting ordinances from being enacted under the Municipal Home Rule Pilot Program that restrict the sale or carry of a firearm and creating exceptions thereto; repealing the grandfather clause excepting certain municipal ordinances limiting the purchase, possession, transfer, ownership, carrying, transporting, selling or storing of guns or ammunition from the general provision prohibiting such ordinances; clarifying municipalities’ authority to regulate possession and carrying of firearms in municipal-owned or -operated buildings or on municipally owned or operated property; and clarifying that municipalities cannot prohibit the otherwise lawful carrying of firearms on municipal streets and sidewalks except when a street or sidewalk is temporarily closed to traffic for purposes of municipally authorized events.
With the recommendation that the two committee substitutes for committee substitutes 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. 140, Authorizing Office of Miners' Health, Safety and Training promulgate legislative rule relating to substance abuse screening, standards and procedure.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 140 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Commerce; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to assessing health and safety violation penalties; authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to the program for the sharing of information between employers; authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to substance abuse screening, standards and procedure; authorizing the Division of Labor to promulgate a legislative rule relating to the Wage Payment and Collection Act; authorizing the Division of Labor to promulgate a legislative rule relating to employer wage bonds; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special motorboating; and authorizing the Division of Natural Resources to promulgate a legislative rule relating to the electronic registration of wildlife.
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. 181, Authorizing Department of Administration promulgate legislative rule relating to state-owned vehicles.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 181 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Administration; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing the Department of Administration to promulgate a legislative rule relating to state-owned vehicles; and authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees Retirement System.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
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. 260, Relating to residential community waivers for salvage yard establishments.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 260 (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 §17-23-4a, relating to residential community waivers for salvage yards.
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. 260), 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
Senate Bill No. 375, Excluding certain personal property from TIF assessment.
And,
Com. Sub. for Senate Bill No. 469, Creating Veterans and Warriors to Agriculture Program.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
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. 407, Providing renewal of lapsed managing general insurance agent licenses.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Com. Sub. for Senate Bill No. 424, Regulating unlicensed off-road motorcycles within Hatfield-McCoy Regional Recreation Area.
Now on second reading, having been read a first time and referred to the Committee on Government Organization on February 18, 2014;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Com. Sub. for Senate Bill No. 425 (originating in the Committee on Health and Human Resources), Relating to licensure, supervision and regulation of physician assistants.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 425 (originating in the Committee on Government Organization)--A Bill to repeal §30-3-16 and §30-3-16a of the Code of West Virginia, 1931, as amended; to repeal §30-14A-1, §30-14A-2, §30-14A-3, §30-14A-4 and §30-14A-5 of said code; and to amend said code by adding thereto a new article, designated §30-3E-1, §30-3E-2, §30-3E-3, §30-3E-4, §30-3E-5, §30-3E-6, §30-3E-7, §30-3E-8, §30-3E-9, §30-3E-10, §30-3E-11, §30-3E-12, §30-3E-13, §30-3E-14, §30-3E-15, §30-3E-16, §30-3E-17, §30-3E-18 and §30-3E-19, all relating to physician assistants; defining terms; powers and duties of the Board of Medicine and the Board of Osteopathic Medicine; rule-making authority; licensing requirements; providing for a temporary license; license renewal requirements; expired licenses; termination of licenses; practice requirements; practice agreement requirements; supervision requirements; scope of practice; requiring identification be worn; special volunteer license requirements; summer camp or volunteer endorsement for in-state and out-of-state physician assistants; complaint process; health care facility reporting requirements; unlawful acts; and criminal penalties.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 430, Relating to receipting of state moneys.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 431 (originating in the Committee on Transportation and Infrastructure), Relating to issuance and renewal of certain driver's licenses and federal ID cards.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 431 (originating in the Committee on Finance)--A Bill to amend and reenact §17B-2-8, §17B-2-12 and §17B-2-12a of the Code of West Virginia, 1931, as amended, all relating to issuance and renewal of driver's licenses; changing the renewal cycle for driver's licenses from five to eight years; allowing the commissioner to provide a program for online renewal of driver’s licenses; providing an additional fee for the issuance of driver’s license issued for federal use; permitting more uses for military identification cards; permitting license expiration notifications by electronic means; and clarifying that a driver’s license which is valid for the operation of a commercial motor vehicle shall be issued in accordance with chapter seventeen-e of the West Virginia Code.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
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. 437, Requiring mortgage brokers file certain reports with Division of Financial Institutions.
And reports the same back with the recommendation that it 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. 493, Excluding suspension days in determining student truancy.
With an amendment from the Committee on Education pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Education to which the bill was first referred.
Respectfully submitted,
Corey Palumbo,
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. 535, Clarifying persons who buy dried ginseng root for retail sales are not dealers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 535 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §19-1A-3a of the Code of West Virginia, 1931, as amended, relating to clarifying the definition of "ginseng".
With the recommendation that the committee substitute do pass.
Respectfully submitted,
William R. Laird IV,
Chair.
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. 538, Adopting federal definition of "disabled veteran" for civil service and state contract bidding.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 538 (originating in the Committee on Government Organization)--A Bill to amend and reenact §5A-3-37 of the Code of West Virginia, 1931, as amended; and to amend and reenact §6-13-1 of said code, all relating to disabled veteran's preference eligibility in hiring for state civil service jobs; and resident vendor bidding on state contracts.
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,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 538) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
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. 543, Creating Jobs Impact Statement Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 543 (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 and §5B-2I-6, all relating to creating the Jobs Impact Statement Act; requiring that the West Virginia Development Office prepare a jobs impact statement when requested by the Governor, presiding officer of either house or minority leader of either house of the Legislature for certain proposed legislation; defining duties of the West Virginia Development Office, Marshall University, West Virginia University and other state agencies in responding to request for jobs impact statement; outlining the contents of the jobs impact statement; providing that this article does not affect the validity of legislation, restrict consideration of pending legislation or otherwise alter, amend or invalidate any rule of the Senate, the House of Delegates or joint rules of the Senate and House of Delegates; and describing the manner in which copies of the jobs impact statement shall be made available.
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,
Bob Williams,
Chair.
At the request of Senator Williams, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 543) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was 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. 547, Clarifying municipalities can increase and decrease voting wards and/or council members.
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.
At the request of Senator Tucker, as vice chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from 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. 552, Increasing penalty related to transporting illegal controlled substances into state.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 552 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §60A-4-409 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for illegally transporting Schedule I and II narcotic controlled substances into the state by making the penalty a determinate sentence of not more than fifteen years; and exempting from coverage of the statute certain methamphetamine precursors.
Senate Bill No. 553, Relating to deadlines for independent candidates to file for municipal elections.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 553 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-5-24 of the Code of West Virginia, 1931, as amended, relating to certificates of nomination for elected office; stating filing deadlines for certificates of nomination; declaring location where certificates of nomination must be filed; clarifying with whom the certificates are filed and to whom the fees are to be paid; and prohibiting untimely filings or untimely fee payment.
And,
Senate Bill No. 623, Requiring notification of certain substance abuse screening of mine personnel.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 623 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22A-1A-1 of the Code of West Virginia, 1931, as amended, relating to Office of Miners’ Health, Safety and Training administration and substance abuse; and requiring employers to notify the director of a positive drug or alcohol test, refusing to submit a sample, possessing a substituted sample, submitting a substituted sample, possessing an adulterated sample or submitting an adulterated sample.
With the recommendation that the three committee substitutes 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. 566, Relating to domestic violence victims' eligibility for unemployment compensation benefits.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 566 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §21A-6-18, all relating to domestic violence victims' eligibility for unemployment compensation benefits; removing disqualification for certain victims of domestic violence, sexual offenses or stalking; and requiring training of WorkForce West Virginia employees in the nature and dynamics of domestic violence to aid employees who interact with claimants.
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 Tucker, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 566) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, 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. 571, Distributing Greyhound Breeder Development Funds previously dedicated to training facility construction.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 571 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §19-23-10 of the Code of West Virginia, 1931, as amended, relating to distributing money that was set aside from the West Virginia Greyhound Breeder Development Fund for two dog training track facilities during the period of 1996 through 2001 to the Secondary Road Maintenance Fund.
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 Tucker, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 571) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was 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. 572, Relating to financing statements covering as-extracted collateral or timber to be cut.
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.
At the request of Senator Laird, unanimous consent being granted, the bill (S. B. No. 572) contained in the preceding report from the Committee on Natural Resources was taken up for immediate consideration, read a first time, ordered to second reading and, 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. 580, Permitting wine sales at certain college and university sports stadiums.
And reports the same back with the recommendation that it do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Tucker, unanimous consent being granted, the bill (S. B. No. 580) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was 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. 584, Relating to expiration and renewal of Board of Registration for Professional Engineers' certificates.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 584 (originating in the Committee on Government Organization)--A Bill to amend and reenact §30-13-18 of the Code of West Virginia, 1931, as amended, relating to the Board of Registration for Professional Engineers; changing the renewal date for certificates, registrations and certificates of authorization for firms to January 1; authorizing annual or biennial renewal periods; authorizing renewal notification by mail or electronically; and providing expiration requirements.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Herb Snyder,
Chair.
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. 604, Creating Coal Employment Enhancement Act.
And,
Senate Bill No. 613, Expanding definition of "eligible safety property" in Innovative Mine Safety Technology Tax Credit Act.
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 Finance.
Respectfully submitted,
Bob Williams,
Chair.
At the request of Senator Williams, unanimous consent being granted, the bills (S. B. Nos. 604 and 613) contained in the preceding report from the Committee on Economic Development were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Concurrent Resolution No. 12, Requesting Joint Committee on Government and Finance study funding sources for law-enforcement training and certification programs.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Beach, the name of Senator Beach was removed as a sponsor of Senate Bill No. 471 (Relating to alternative and renewable energy portfolio standards).
Pending announcement of a meeting of a standing committee of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, February 20, 2014, at 11 a.m.
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