WEST
VIRGINIA LEGISLATURE
SENATE
JOURNAL
EIGHTY-THIRD
LEGISLATURE
REGULAR
SESSION, 2017
____________
Charleston, West Virginia, Thursday, March
30, 2017
The Senate met at
(Senator Carmichael, Mr. President, in the
Chair.)
Prayer was offered by
The Senate was then led in recitation of the
Pledge of Allegiance by the Honorable
Pending the reading of the Journal of
Wednesday, March 29, 2017,
At the request of Senator
The Senate proceeded to the second order of
business and the introduction of guests.
The Senate then proceeded to the
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 2129?A Bill to
amend and reenact ?60-7-10 of the Code of West Virginia, 1931, as amended,
relating to the powers and authority of state and local law enforcement to
enforce underage drinking laws at private clubs; clarifying that the grant of
authority to the Alcohol Beverage Control Commissioner and his or her agents to
enter and inspect the premises of a private club does not limit or restrict the
authority of local law enforcement to enter any area open to the general public
in or adjacent to a facility with a private club license, or from undertaking
other appropriate action or investigation to enforce the underage drinking laws
set forth in section twelve-a of this article.
Referred to
the Committee on
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 2195?A Bill to
amend and reenact ?18-2-7b of the Code of West Virginia, 1931, as amended,
relating to requiring comprehensive drug awareness and prevention program in
all public schools; requiring county boards to implement no later than
2018-2019 school year; specifying purposes of program; requiring county boards
to coordinate delivery of instruction to meet program purposes with educators,
drug rehabilitation specialists and law-enforcement agencies; requiring
instruction relating to interactions with law-enforcement officers; and
requiring instruction in any of the grades six through twelve in the subject of
health on dangers, and addictive nature of opioid use and safer alternatives to
treat pain.
Referred to
the Committee on
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 2363?A Bill to
amend and reenact ?17E-1-9 of the Code of West Virginia, 1931, as amended,
relating to commercial driver?s licenses; and requiring that state, county,
city, and other local government employees with commercial driver?s licenses
have valid and current medical evaluation certification statuses and, if
applicable, medical waivers.
Referred to
the Committee on Government Organization.
A message
from The Clerk of the House of Delegates announced the passage by that body, to
take effect from passage, and requested the concurrence of the Senate in the
passage of
Eng. Com. Sub. for House Bill 2428?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?16-53-1 and ?16-53-2, all relating to ensuring that an
additional six hundred beds for purposes of providing substance abuse treatment
services are made available in locations throughout the state; providing duties
of the Secretary of the Department of Health and Human Resources; creating the
Ryan Brown Addiction Prevention and Recovery Fund; and directing the transfer
of money recovered on behalf of the state arising out of the settlement of a
certain civil action.
Referred to
the Committee on
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 2483?A Bill to
amend and reenact ?49-4-720 and ?49-4-722 of the Code of West Virginia, 1931,
as amended, all relating to requiring the Division of Juvenile Services to
transfer to a correctional facility or regional jail any juvenile in its
custody that has been transferred to adult jurisdiction of the circuit court
and who reaches his or her eighteenth birthday; requiring transfer of juvenile
in adult jurisdiction upon reaching eighteen years of age if he or she has
either been convicted or is in a pretrial status; directing the Division of
Juvenile Services to notify the circuit court of a juvenile reaching the age of
eighteen years of age; authorizing the circuit court to conduct a hearing as to
alternative placement; mandating that the position of victim be taken under consideration
by the court in considering disposition or alternative placement; prohibiting
juveniles that commit an adult offense while under the custody of the Division
of Juvenile Services from returning back to the placement in a juvenile
facility if the juvenile has attained the age of eighteen years; and requiring
the court to conduct a hearing as to placement of a juvenile that has turned
eighteen years of age and is remanded back to the custody of the Division of
Juvenile Services after completion of an adult sentence.
Referred to
the Committee on
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 2851?A Bill to amend
and reenact ?32-2-202 of the Code of West Virginia, 1931, as amended; to amend
and reenact ?32-3-305 of said code; and to amend and reenact ?32-4-413 of said
code, all relating to increasing fees assessed by the Auditor?s Securities
Division.
Referred to
the Committee on
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 3062?A Bill to
repeal ?5-3-5 of the Code of West Virginia, 1931, as amended; and to amend said
code by adding thereto a new article, designated ?5-3A-1, ?5-3A-2, ?5-3A-3,
?5-3A-4, ?5-3A-5 and ?5-3A-6, all relating to creating the State Settlement and
Recovered Funds Accountability Act; providing a short title; setting forth
legislative findings; directing that recovered funds and assets to be deposited
into the state treasury in the general revenue fund of the state, and
exceptions; directing that certain recovered funds and assets be held in trust to
be deposited into a special revenue account in the State Treasury; prohibiting
agreements to settlement or agreement terms that are contrary to the depositing
of funds in the State Treasury; establishing a special fund to be known as the
Consumer Protection Recovery Fund; requiring quarterly transfer of funds from
the to the general revenue fund; authorizing the deposit and expenditure of
attorney fees, expenses and costs awarded to the Attorney General from the
fund; prohibiting agreements to settlement or agreement terms that are contrary
to the provisions of law; requiring quarterly reporting by the Attorney General
as to the disposition of matters; and repealing provisions governing the
disposition of certain fees of the Attorney General taxed as costs in legal
proceedings.
Referred to
the Committee on
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 3080?A Bill to amend
and reenact ?18-2-9 of the Code of West Virginia, 1931, as amended, relating to
recognition of ?Celebrate Freedom Week? in all public, private, parochial and
denominational schools; stating purpose; providing for instructional elements;
exempting from state accountability measures; requiring administration to
public school students of civics portion of test the same or substantially
similar to certain naturalization test in any grades nine through twelve
beginning 2018-2019 school year; report of aggregate results to county board;
and exempting from state accountability measures.
Referred to
the Committee on
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 3102?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?9-5-26, relating to the selling of a certain state owned
health care facility and appurtenances by the Secretary of the Department of
Health and Human Resources; ensuring the transfer of existing patients and the
construction of a replacement facility; exempting certain laws; creating a
fund; implementing a benefits package for employees; and providing statutory
construction.
Referred to
the Committee on
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 109?Extending the Committee of Conference relating to
consideration of Com. Sub. for H. B. 2099, Defining the act of leaving
the scene of a crash involving death or serious bodily injury as a felony; Erin?s
Law.
Resolved by the Legislature of West Virginia:
That pursuant to Rule No. 3 of the Joint Rules of
the Senate and House of Delegates, the Committee of Conference is hereby
extended for a period of three day for the express purpose of consideration of
matters of disagreement between the two houses as to Com. Sub. for H. B. 2099.
At the
request of Senator Ferns, and by unanimous consent, the resolution was taken up
for immediate consideration and reference to a committee dispensed with.
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.
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 110?Extending the Committee of Conference relating to
consideration of Com. Sub. for H. B. 2028, Relating to the venue for suits and other actions against the state.
Resolved by the Legislature of West Virginia:
That pursuant to Rule No. 3 of the Joint Rules of
the Senate and House of Delegates, the Committee of Conference is hereby
extended for a period of three day for the express purpose of consideration of
matters of disagreement between the two houses as to Com. Sub. for H. B. 2028.
At the request of Senator Ferns, and by unanimous
consent, the resolution was taken up for immediate consideration and reference
to a committee dispensed with.
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.
Executive
Communications
Senator
Carmichael (Mr. President) laid before the Senate the following communication
from His Excellency, the Governor, consisting of executive nominations for
appointees:
Jim Justice
Governor of West Virginia
March 29, 2017
TO:????? The
Honorable Members of the
??????????? West
Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following
nominations for your advice and consent:
1.
For
Director, Division of Homeland Security, James J. Gianato, Kimball, McDowell
County, to serve at the will and pleasure of the Governor.
2.
For
Secretary, Department of Military Affairs and Public Safety, Jeff Sandy,
Vienna, Wood County, to serve at the will and pleasure of the Governor.
3.
For
Secretary, Department of Environmental Protection, Austin Caperton, Daniels,
Raleigh County, to serve at the will and pleasure of the Governor.
4.
For
Secretary, Department of Revenue, Dave Hardy, Charleston, Kanawha County, to
serve at the will and pleasure of the Governor.
5.
For
Commissioner, Division of Tourism, Chelsea A. Ruby, Charleston, Kanawha County,
to serve at the will and pleasure of the Governor.
6.
For
Superintendent, West Virginia State Police, Jan Cahill, Lewisburg, Greenbrier
County, to serve at the will and pleasure of the Governor.
7.
For
Secretary, Department of Health and Human Resources, Bill J. Crouch, Poca,
Putnam County, to serve at the will and pleasure of the Governor.
8.
For
Secretary, West Virginia Department of Veterans Assistance, Dennis Davis,
Dunbar, Kanawha County, to serve at the will and pleasure of the Governor.
9.
For
Director, West Virginia Lottery, Alan H. Larrick, Daniels, Raleigh County, to
serve at the will and pleasure of the Governor.
10.
For
Secretary, Department of Education and the Arts, Gayle C. Manchin, Charleston,
Kanawha County, to serve at the will and pleasure of the Governor.
11.
For
Secretary, Department of Administration, John A. Myers, Scott Depot, Putnam
County, to serve at the will and pleasure of the Governor.
12.
For
Commissioner, West Virginia Division of Motor Vehicles, Pat Reed, Beckley,
Raleigh County, to serve at the will and pleasure of the Governor.
13.
For
Commissioner, Tax Division, Dale Steager, South Charleston, Kanawha County, to
serve at the will and pleasure of the Governor.
14.
For
Secretary, Department of Commerce, H. Wood Thrasher, Bridgeport, Harrison
County, to serve at the will and pleasure of the Governor.
15.
For
Adjutant General, Major General James A. Hoyer, Charleston, Kanawha County, to
serve at the will and pleasure of the Governor.
16.
For
Member, West Virginia Board of Physical Therapy, Robert A. Haas, Lewisburg,
Greenbrier County, for the term ending June 30, 2019.
17.
For
Executive Director, School Building Authority, Frank L. Blackwell, Mullens,
Wyoming County, to serve at the will and pleasure of the Governor.
18.
For
Director, Miners? Health, Safety and Training, James G. Norman, Pineville,
Wyoming County, to serve at the will and pleasure of the Governor.
19.
For
Secretary/Commissioner, Department of Transportation/Division of Highways,
Thomas J. Smith, Hurricane, Putnam County, to serve at the will and pleasure of
the Governor.
20.
For
Member, Pierpont Community and Technical College Board of Governors, L. Eugene
Weaver, Fairmont, Marion County, for the term ending June 30, 2020.
21.
For
Member, West Virginia Investment Management Board of Trustees, Randy E. Snider,
Parkersburg, Wood County, for the term ending January 31, 2023.
22.
For
Member, West Virginia Investment Management Board of Trustees, Jack Rossi,
Charleston, Kanawha County, for the term ending January 31, 2023.
23.
For
Member, West Virginia Racing Commission, Anthony E. Figaretti, Wheeling, Ohio
County, for the term ending April 1, 2020.
24.
For
Member, West Virginia Racing Commission, Kenneth F. Lowe, Jr., Shepherdstown,
Jefferson County, for the term ending April 1, 2020.
25.
For
Member, West Virginia Board of Education, Miller Hall, Beckley, Raleigh County,
for the term ending November 4, 2019.
26.
For
Member, West Virginia Board of Education, Harold L. Hatfield, Jr., Hurricane,
Putnam County, for the term ending November 4, 2025.
27.
For
Member, West Virginia Board of Education, Barbara Whitecotton, Moorefield,
Hardy County, for the term ending November 4, 2024.
28.
For
Member, West Virginia Parole Board, Mike McCarthy, Huntington, Cabell County,
for the term ending June 30, 2022.
29.
For
Member, West Virginia Board of Education, The Honorable David G. Perry, Oak
Hill, Fayette County, for the term ending November 4, 2020.
30.
For
Member, West Virginia Board of Physical Therapy, Jack Spatafore, Bridgeport,
Harrison County, for the term ending June 30, 2019.
31.
For
Member, West Virginia Board of Physical Therapy, Jack Brautigam, Morgantown,
Monongalia County, for the term ending June 30, 2018.
32.
For
Member, West Virginia Board of Physical Therapy, Steve Young, Summersville,
Nicholas County, for the term ending June 30, 2017.
33.
For
Director, Division of Natural Resources, Stephen S. McDaniel, Hendricks, Tucker
County, to serve at the will and pleasure of the Governor.
34.
For
Member, Aeronautics Commission, Scott Miller, Charleston, Kanawha County, for
the term ending June 30, 2020.
35.
For
Member, Southern West Virginia Community and Technical College Board of
Governors, Latisha Marcum, Williamson, Mingo County, for the term ending June
30, 2018.
36.
For
Member, Family Protection Services Board, Emily S. Larkins, Parkersburg, Wood
County, for the term ending June 30, 2019.
37.
For
Member, West Virginia Board of Architects, Adam Krason, Charleston, Kanawha
County, for the term ending June 30, 2017.
38.
For
Executive Director, Housing Development Fund, Erica L. Boggess, Charleston,
Kanawha County, to serve at the will and pleasure of the Governor.
39.
For
Member, Housing Development Fund, David Gardner, Charleston, Kanawha County,
for the term ending October 30, 2020.
40.
For
Member. Housing Development Fund, John B. Gianola, Charleston, Kanawha County,
for the term ending October 30, 2020.
41.
For
Member, Housing Development Fund, Robert L. Nistendirk, Charleston, Kanawha
County, for the term ending October 30, 2020.
42.
For
Member, West Virginia School of Osteopathic Medicine Board of Governors, Gary
L. Poling, Beckley, Raleigh County, for the term ending June 30, 2019.
43.
For
Commissioner, Division of Labor, David Mullins, Ripley, Jackson County, to
serve at the will and pleasure of the Governor.
44.
For
Commissioner, Alcohol Beverage Control Commission, Fredric L. Wooton, Beckley,
Raleigh County, to serve at the will and pleasure of the Governor.
45.
For
Member, Water Development Board, Marie L. Prezioso, Charleston, Kanawha County,
for the term ending June 30, 2018.
46.
For
Member, West Virginia Council for Educational Opportunity for Military
Children, Christopher P. Cmiel, Belle, Kanawha County, for the term ending June
30, 2019.
47.
For
Member, West Virginia Housing Development Fund, Mary Agnes Kern, Charleston,
Kanawha County, for the term ending October 30, 2018.
48.
For
Member, West Virginia Library Commission, Betty Gunnoe, Martinsburg, Berkeley
County, for the term ending June 30, 2020.
49.
For
Member, West Virginia Library Commission, Debra K. Sullivan, Charleston,
Kanawha County, for the term ending June 30, 2020.
50.
For
Member, Fire Commission, Martin Hess, Sand Fork, Gilmer County, for the term
ending June 30, 2018.
51.
For
Member, Southern West Virginia Community and Technical College Board of
Governors, Mason E. White II, Logan, Logan County, for the term ending June 30,
2017.
52.
For
Member, Property Valuation Training and Procedures Commission, Harvey Young,
Fayetteville, Fayette County, for the term ending June 30, 2020.
53.
For
Member, Property Valuation Training and Procedures Commission, Dick Waybright,
Ravenswood, Jackson County, for the term ending June 30, 2020.
54.
For
Member, Property Valuation Training and Procedures Commission, Joseph M.
Alongi, New Cumberland, Hancock County, for the term ending June 30, 2020.
55.
For
Member, Property Valuation Training and Procedures Commission, John P. Cavendish,
Charleston, Kanawha County, for the term ending June 30, 2020.
56.
For
Member, Property Valuation Training and Procedures Commission, Drema B. Evans,
Beckley, Raleigh County, for the term ending June 30, 2020.
57.
For
Chief Executive Officer, Center for Professional Development, Lorrie A. Smith,
Gassaway, Braxton County, to serve at the will and pleasure of the Governor.
58.
For
Member, West Virginia Northern Community and Technical College Board of
Governors, Eran T. Molz, Martins Ferry, Ohio, for the term ending June 30,
2017.
59.
For
Member, West Liberty University Board of Governors, Teresa C. Toriseva,
Wheeling, Ohio County, for the term ending June 30, 2020.
60.
For
Member, West Virginia Board of Veterinary Medicine, William Ross Peery,
Beckley, Raleigh County, for the term ending June 30, 2021.
61.
For
Member, Broadband Enhancement Council, Richard Cavender, Charleston, Kanawha
County, to serve at the will and pleasure of the Governor.
62.
For
Member, Veterans? Council, Kenneth D. Boggs, Keyser, Mineral County, for the
term ending June 30, 2022.
63.
For
Member, West Virginia Municipal Bond Commission, Linda K. Epling, Beckley,
Raleigh County, for the term ending July 7, 2017.
64.
For
Member, West Virginia Municipal Bond Commission, Stephen T. Williams,
Huntington, Cabell County, for the term ending July 7, 2019.
65.
For
Member, Jobs Investment Trust Board, Gale L. Gray, Charleston, Kanawha County,
for the term ending June 30, 2017.
66.
For
Member, Jobs Investment Trust Board, Ann R. Starcher, Charleston, Kanawha
County, for the term ending June 30, 2018.
67.
For
Member, West Virginia Municipal Pensions Oversight Board, Emily R. Lambright,
Charleston, Kanawha County, for the term ending January 1, 2022.
68.
For
Member, West Virginia Municipal Pensions Oversight Board, David W. Lanham,
Charleston, Kanawha County, for the term ending January 1, 2020.
69.
For
Member, Board of Accountancy, Jon Cain, Sr., Parkersburg, Wood County, for the
term ending June 30, 2019
70.
For
Member, Board of Accountancy, Robin M. Baylous, Washington, Wood County, for
the term ending June 30, 2019.
71.
For
Member, Board of Accountancy, Richard A. Riley, Jr., Morgantown, Monongalia
County, for the term ending June 30, 2019.
72.
For
Commissioner, Division of Financial Institutions, Dawn E. Holstein, Charleston,
Kanawha County, to serve at the will and pleasure of the Governor.
73.
For
Commissioner, Insurance Commission, Allan L. McVey, St. Albans, Kanawha County,
to serve at the will and pleasure of the Governor.
74.
For
Member, West Virginia Board of Physical Therapy, Ashley Mason, Hurricane,
Putnam County, for the term ending June 30, 2018.
75.
For
Member, Unemployment Compensation Board of Review, Les Facemyer, Ripley,
Jackson County, for the term ending January 1, 2023.
76.
For
Member, Capitol Building Commission, Jenelle Armstrong, South Charleston, Kanawha
County, for the term ending June 30, 2018.
77.
For
Member, West Virginia Board of Education, Frank S. Vitale, Morgantown,
Monongalia County, for the term ending November 4, 2018.
78.
For
Member, West Virginia Board of Education, Jeffrey D. Flanagan, Dunbar, Kanawha
County, for the term ending November 4, 2022.
79.
For
Member, Lottery Commission, The Honorable William R. Laird IV, Oak Hill,
Fayette County, for the term ending June 30, 2021.
80.
For
Member, West Virginia Public Employees Grievance Board, William Burdette,
Huntington, Cabell County, for the term ending June 30, 2019
81.
For
Member, West Virginia Public Employees Grievance Board, Kris Mallory, St.
Albans, Kanawha County, for the term ending June 30, 2019.
82.
For
Member, West Virginia Public Employees Grievance Board, John Myers, Scott
Depot, Putnam County, for the term ending June 30, 2018.
83.
For
Member, West Virginia Public Employees Grievance Board, Dale Lee, Princeton,
Mercer County, for the term ending June 30, 2018.
Notice of these appointments was previously
provided to the appropriate legislative staff at the time the appointments were
made.
Sincerely,
Jim Justice
Governor
cc:?????? Clerk
of the Senate
??????????? Assistant
Clerk of the Senate
??????????? Senate Confirmations Chair
Which
communication was received and referred to the Committee on Confirmations.
On motion of
Senator
Senator Carmichael (Mr.
President) then laid before the Senate the following communication from His
Excellency, the Governor, which was read by the Clerk:
Jim Justice
Governor of West Virginia
March 28, 2017
VIA HAND DELIVERY
The Honorable Mitch Carmichael
President, West Virginia Senate
Room 229M, Building 1
State Capitol
Charleston, West Virginia 25305
??????????? RE:
Enrolled Senate Bill 330
Dear President Carmichael:
??????????? Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Senate Bill 330 due to pending litigation calling into question the constitutionality of this bill?s underlying statute and for public policy reasons.
??????????? I disapprove this bill because its underlying legislation (SB1 2016 Regular Legislative Session) is currently being challenged as unconstitutional in Kanawha County Circuit Court and the injunctive relief issued by that Court has been appealed to the West Virginia Supreme Court of Appeals. The Attorney General has requested that the Circuit Court issue a final decision by May 1, 2017. A decision by the Supreme Court regarding the current appeal is expected after April 21, 2017. Any amendment to this statute before such time as a Court has finally determined its constitutionality is impudent and contrary to public policy.
??????????? For the foregoing reasons, I disapprove and return the bill.
Sincerely,
Jim Justice
??????????????????????????????????????????????????????????????????????? Governor
cc:?????? The Hon. Tim Armstead
??????????? ??? Speaker of the House of Delegates
??????????? The Hon. Mac Warner
??????????? ??? Secretary of State
Senator
Ferns moved that in accordance with Section 14, Article VII of the Constitution
of the State of West Virginia, the Senate proceed to reconsider
Enr. Senate
Bill 330, Relating to WV Workplace Freedom Act.
Heretofore
disapproved and returned by His Excellency, the Governor, with his objections.
The
question being on the adoption of Senator Ferns' motion that the Senate reconsider
Enrolled Senate Bill 330.
Following
discussion,
Senator
Karnes moved the previous question, which motion prevailed.
The
previous question having been ordered, that being on the adoption of Senator
Ferns? motion that the Senate reconsider Enrolled Senate Bill 330, the same was
put and prevailed.
The
question now being on the passage of the bill, disapproved by the Governor.
On the
passage of the bill, the yeas were: Blair, Boley, Boso, Clements, Cline, Ferns,
Gaunch, Hall, Karnes, Mann, Maroney, Maynard, Mullins, Rucker, Smith, Swope,
Sypolt, Takubo, Trump, Weld and Carmichael (Mr. President)?21.
The
nays were: Beach, Facemire, Jeffries, Miller, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Stollings, Unger and Woelfel?12.
Absent:
Azinger?1.
So, a
majority of all the members elected to the Senate having voted in the
affirmative, the President declared the bill (Enr. S. B. 330) passed with its title,
as a result of the objections of the Governor.
Ordered, That
The Clerk communicate to the House of Delegates the action of the Senate and
request concurrence therein.
The Senate proceeded to the
Senator
Your Committee on
Senate
Concurrent Resolution 13, US
Army CPL James Russell Carter Memorial Road.
Senate
Concurrent Resolution 24, US
Army PFC Joe Messe, Sr., Memorial Bridge.
Senate
Concurrent Resolution 31, US
Navy BT2 Mark Edward Hutchison Memorial Bridge.
Senate
Concurrent Resolution 32, US
Army SGT Denver E. Short Memorial Road.
Senate
Concurrent Resolution 41, US
Army PV2 Mandvial S. ?Bunker? Bias Memorial Bridge.
Senate
Concurrent Resolution 43, Eugene
Lee ?Gene? Burner Memorial Bridge.
Senate
Concurrent Resolution 44, Tug
Valley Students Memorial Bridge.
Senate
Concurrent Resolution 45, Home
of Anna Lindquist, 1996 NHSPA Hall of Fame Inductee highway sign.
And,
House
Concurrent Resolution 83, U.S.
Army SPC John R. Tennant Memorial Bridge.
And reports the same back with the
recommendation that they each be adopted.
Respectfully submitted,
?
??? Chair.
At the request of Senator
The question being on the adoption of the
resolutions, the same was put and prevailed.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
Senator
Your Committee on
Senate
Concurrent Resolution 23, Johnny
O?Dell Linville Memorial Bridge.
And reports back a committee substitute for
same as follows
Com. Sub. for Senate Concurrent Resolution 23 (originating in the Committee on Transportation and Infrastructure)?Requesting the Division of Highways to name bridge number 30-52 2.73 (30A110), (37.82180, -82.39737), between Kermit and East Kermit, locally known as the Upper Burning Creek Bridge, carrying U. S. 52 over Upper Burning Creek and NS Railroad in Mingo County, the ?Johnny O?Dell Linville Memorial Bridge?.
Whereas, Johnny O?Dell
Linville was born April 29, 1947, to Lenhart and Hazel Lovejoy Linville in
their home at Palermo, Lincoln County, West Virginia. The family moved to
Kermit, West Virginia, when Johnny was three years of age. He had four brothers
and two sisters; and
Whereas, Johnny O?Dell
Linville was educated in Kermit. He married Dorothy Spaulding Linville on
September 3, 1966. They had one daughter, Rhonda Linville Muncy; and
Whereas, Johnny O?Dell
Linville served as the mayor in the Town of Kermit for more than 17 years, and he
also served as a councilman for three years; and
Whereas, Johnny O?Dell
Linville played a pivotal role in a multitude of projects, including the Kermit
Community Park that serves to this day as a popular gathering place for social
events and the town?s new sewer system. He also planted trees and flowers
throughout the town; and
Whereas, Johnny O?Dell
Linville?s love for the town was shown in his efforts to make Kermit the
Cleanest Little Town in West Virginia. One of his slogans was: ?If you litter
in Kermit, you have had a bad day!? This resulted in the perpetrator receiving
a hefty fine; and
Whereas, Johnny O?Dell
Linville played a huge part in the creation of the baseball field at East
Kermit. He would work the PA system for hours each day and announce the names
of the baseball players from the press box. He would be there from opening day
to the season finale, from the top to the bottom of the schedule each day,
always with a smile on his face, knowing the benefits that the field provided
for the community and its children; and
Whereas, Johnny O?Dell
Linville died on March 1, 2016, following a two-year struggle with kidney
disease. He is survived by his loving wife of 49 years Dorothy Spaulding
Linville of Kermit, his daughter Rhonda Linville Muncy, son-in-law Gabe Muncy
and grandson John Alex Muncy, who is a student at Marshall University; and
Whereas, Naming
this bridge in his hometown is an appropriate recognition of Mayor Johnny O?Dell
Linville?s contributions to his community; therefore, be it
Resolved by the Legislature of West Virginia:
That
the Division of Highways is hereby requested to
name bridge number 30-52 2.73 (30A110), (37.82180, -82.39737), between Kermit
and East Kermit, locally known as the Upper Burning Creek Bridge, carrying U. S.
52 over Upper Burning Creek and NS Railroad in Mingo County, the ?Johnny O?Dell
Linville 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 ?Johnny O?Dell Linville Memorial Bridge?; and, be
it
Further Resolved, That the Clerk of the Senate is hereby directed to
forward a copy of this resolution to the Commissioner of the Division of
Highways.
And,
Senate Concurrent Resolution 26, US Marine Corps SSG Beecher J. Rhoades Memorial Bridge.
And reports back a committee
substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution 26 (originating in the Committee on
Transportation and Infrastructure)?Requesting
the Division of Highways to name bridge number 21-10-13.70 (21A028), (39.10653,
-80.51671), locally known as Mare Run Arch, carrying county Route 10 over Mare
Run in Lewis County, the ?U. S. Marine Corps SSG Beecher J. Rhoades Memorial Bridge?.
Whereas, SSG Beecher J.
Rhoades was born in Wheeling on March 15, 1926, a son of the late Beecher J.
Rhoades and Grayce Long Rhoades; and
Whereas, SSG Beecher J.
Rhoades married the former Betty Elizabeth Burnside on April 10, 1948, and they
were married for more than 66 years; and
Whereas, SSG Beecher J.
Rhoades was an honored veteran of the United States Marine Corps, having served
in World War II and the Korean War. In 2006, he was recognized as the Marine
Corps League?s Marine of the Year; and
Whereas, SSG Beecher J.
Rhoades was an active volunteer who also served as the Marine Corps League,
Department of West Virginia 21st Commandant; and
Whereas, SSG Beecher J.
Rhoades retired from the Equitable Gas Company with 33 years of service,
retiring in 1985. He was an outdoor enthusiast who enjoyed farming, fishing,
traveling and flying his Cherokee airplane; and
Whereas, SSG Beecher J.
Rhoades was also a member of the Masonic Lodge #10 AF and AM and the
Freemansburg United Methodist Church; and
Whereas, SSG Beecher J.
Rhoades passed away on May 22, 2014, and naming the bridge in Lewis County for him
would be a fitting recognition of his service to his country, state and
community; therefore, be it
Resolved
by the Legislature of West Virginia:
That the Division of
Highways is hereby requested to name bridge number 21-10-13.70 (21A028),
(39.10653, -80.51671), locally known as Mare Run Arch, carrying county Route 10
over Mare Run in Lewis County, the ?U. S. SSG Beecher J. Rhoades 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. Marine Corps SSG Beecher J. Rhoades
Memorial Bridge?; and, be it
Further Resolved,
That the Clerk of the Senate is hereby directed to forward a copy
of this resolution to the Commissioner of the Division of Highways.
With the recommendation that the two
committee substitutes be adopted.
Respectfully submitted,
?
??? Chair.
At the request of Senator
The question being on the adoption of the
resolutions, the same was put and prevailed.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
Senator
Your Committee on
Senate
Concurrent Resolution 46, Requesting
study on consumer complaints regarding safety of aftermarket crash parts.
And reports the same back with the
recommendation that it be adopted; but with the further recommendation that it first
be referred to the Committee on
Respectfully submitted,
?
??? Chair.
On motion of Senator
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2180, Authorizing the issuance of special ?In God We Trust? motor vehicle
registration plates.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
The Senate proceeded to the
Senators Plymale, Woelfel, Prezioso,
Stollings, Palumbo, Unger and Beach offered the following resolution:
Senate
Resolution 62?Designating
March 30, 2017, as Marshall University Day at the Legislature.
Whereas, The year 2017 marks the 180th
anniversary of Marshall University, one of the oldest institutions of higher
education in West Virginia, founded in 1837 as Marshall Academy in honor of
Chief Justice John Marshall; and
Whereas, Marshall University has been
educating sons and daughters of Marshall in the tradition of the great Chief
Justice ever since; and
Whereas, Marshall University today is one of
the state?s premier institutions of higher education and educates more than
14,000 students at campuses in Huntington, Point Pleasant, South Charleston,
Beckley, Logan and Gilbert; and
Whereas, Marshall University offers degrees
at the associate, baccalaureate, master?s and doctoral levels; and
Whereas, Marshall University has built a
national reputation for research in biotechnology, forensics and medicine; and
Whereas, Marshall University?s Health
Sciences train hundreds of West Virginians to serve as doctors, nurses,
therapists and health technicians each year; and
Whereas, Marshall University each year
contributes nearly $400 million and 3,200 jobs to West Virginia?s economy; and
Whereas, The Robert C. Byrd Institute is
dedicated to the productivity, growth and global competitiveness of West
Virginia entrepreneurs and the Rahall Transportation Institute continues to set
national standards in transportation; therefore, be it
Resolved
by the
That the Senate hereby designates March 30,
2017, as Marshall University Day at the Legislature; and, be it
Further
Resolved, That the Senate
hereby recognizes Marshall University for its tremendous 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 Dr. Jerome A. Gilbert,
President of Marshall University.
At the request of Senator
Thereafter, at the request of Senator Ferns,
and by unanimous consent, the remarks by
On motion of Senator Ferns, the Senate
recessed for one minute.
Upon expiration of the recess, the Senate
reconvened and resumed business under the sixth order.
Senators Cline, Stollings, Facemire,
Palumbo, Beach and Plymale offered the following resolution:
Senate Resolution 63?Congratulating the Wyoming East High School golf team for winning the 2016 Class AA State Championship.
Whereas, The Wyoming East High School Warrior golf team made school and Wyoming County history this golf season by winning the school?s and county?s first state golf championship; and
Whereas, The Warrior golf team is led by head coach Robert ?Doc? Warner, and volunteer coach Kevin Hedinger, and is comprised of two seniors, Logan Cook and Brett Laxton; one junior, Patrick Smith; two sophomores, Michael Growe and Noah Quesenberry and two freshmen, Ethan Bradford and Matt Caldwell; and
Whereas, The Warrior golf team won the 2016 state championship held at
Olgebay Resort in Wheeling, West Virginia, by four strokes with a team total of
492 strokes and Brett Laxton took the individual honors with a 2-day score of
151; and
Whereas, The 2016 Warrior golf team will go down in state history as
one of the best high school golf teams ever assembled in the state of West
Virginia; and
Whereas, The 2016 Warrior golf team is a shining example to all West
Virginians of what can be accomplished with dedication, commitment and
teamwork; therefore, be it
Resolved by the
That the Senate hereby congratulates the Wyoming East High School golf team for winning the 2016 Class AA State Championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Wyoming East High School golf team.
At the request of Senator
Thereafter, at the request of Senator
On motion of Senator Ferns, the Senate
recessed for one minute.
Upon expiration of the recess, the Senate
reconvened and resumed business under the sixth order.
Senators Jeffries, Gaunch, Stollings,
Facemire, Palumbo, Unger, Beach and Plymale offered the following resolution:
Senate Resolution 64?Congratulating the Herbert Hoover High School boys? basketball team for their outstanding athletic achievement.
Whereas, The Herbert Hoover High School building in Clendenin, West Virginia, was destroyed in the June 2016 flood and forced the Herbert Hoover High School boys? basketball team to hold morning practices at the Charleston YMCA and attend classes in the afternoon at Elkview Middle School; and
Whereas, Despite losing its school, gym and equipment in the flood, the Herbert Hoover High School boys? basketball team made a remarkable run at the end of its 2017 basketball season, which ended with it winning the Class AA Region 2 co-final and advancing to its first state tournament in school history; and
Whereas, The Herbert Hoover boys? basketball team was led by head coach Josh Daniel, and assistant coaches Terry Jarrett and Josh Stricker; and
Whereas, The Herbert Hoover boys? basketball team roster consists of players: Kody McGraw, Chase King, Jackson Myres, Austin Stafford, Gavin Robertson, Joah Payne, John Campbell, Evan McGraw, Rhett White, Josh Swecker, Grant Bonner, Maven Mullins, Joey Belcher, Ethan Knight, Andrew Justice and Hayden King; and
Whereas, The Herbert Hoover cheerleading team consists of Ellie Kinder, Raechel Stevens, A?sa Burcham, Brianna Salisbury, Bethany Roush, Chloe Curry, Kayley Robinson, Kristen Rager, Ava Young, Emma Bowles, Brooke Nelson, Cammy Casto, Alexis Anderson, Baylee Beaver, Miranda McCoy, Sarah Black, Cambria Caldwell, Haley McLaughlin, Candi Lewis, Lexcie Harper, Bethany Lucas, Katarina Mullins and Taylor Bennett; and
Whereas, With its amazing accomplishment, the Herbert Hoover boys? basketball team shined a light on a rebuilding city and gave hope to all the citizens of Clendenin and the surrounding areas; and
Whereas, The Herbert Hoover boys? basketball team is a shining example to all West Virginians of what can be accomplished with dedication, commitment, and teamwork; therefore, be it
Resolved by the
That the Senate hereby congratulates the Herbert Hoover High School boys? basketball team for their outstanding athletic achievement; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy
of this resolution to Herbert Hoover High School.
At the request of Senator
Thereafter, at the request of Senator
On motion of Senator Ferns, 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 49, Erecting
signs in Kanawha County declaring Home of Ralph Maddox 1980 NHPA Hall of Fame.
On unfinished business, coming up in regular
order, was reported by the Clerk and referred to the Committee on
The Senate proceeded to the eighth order of
business.
Eng.
Com. Sub. for House Bill 2459, Relating to regulation of health care and the certificate of need
process.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
Pending discussion,
The question being ?Shall Engrossed
On the passage of the bill, the yeas were:
Beach, Blair, Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall, Karnes, Mann,
Maynard, Mullins, Palumbo, Plymale, Prezioso, Rucker, Smith, Stollings, Swope,
Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?27.
The nays were: Facemire, Jeffries, Maroney,
Miller, Ojeda and Romano?6.
Absent: Azinger?1.
So, a majority of all the members present
and voting having voted in the affirmative, the President declared the bill
(Eng.
On motion of Senator
Eng.
Com. Sub. for House Bill 2459?A Bill to repeal ?16-2D-5f of the Code of West Virginia, 1931, as amended; to repeal
?16-5F-1; ?16-5F-2, ?16-5F-3, ?16-5F-4, ?16-5F-5, ?16-5F-6 and ?16-5F-7; to
repeal ?16-29B-6, ?16-29B-7, ?16-29B-9, ?16-29B-10, ?16-29B-11, ?16-29B-17,
?16-29B-18, ?16-29B-22, ?16-29B-23, ?16-29B-24, ?16-29B-25, ?16-25B-27, and
?16-29B-29; to repeal ?16-29I-1, ?16-29I-2, ?16-29I-3, ?16-29I-4, ?16-29I-5,
?16-29I-6, ?16-29I-7, ?16-29I-8, ?16-29I-9 and ?16-29I-10; to amend and reenact
?5F-1-3a of said code; to amend and reenact ?6-7-2a of said code; to amend and
reenact ?9-4C-7 and ?9-4C-8 of said code; to amend and reenact ?11-27-9 and
?11-27-11 of said code; to amend and reenact ?16-2D-2, ?16-2D-3, ?16-2D-4, ?16-2D-5,
?16-2D-8, ?16-2D-9, ?16-2D-10, ?16-2D-11, ?16-2D-13, ?16-2D-15 and ?16-2D-16 of
said code; to amend and reenact ?16-5B-17 of said code; to amend and reenact
?16-29B-2, ?16-29B-3, ?16-29B-5, ?16-29B-8, ?16-29B-12, ?16-29B-26 and
?16-29B-28; to amend said code by adding thereto a new section, designated
?16-29B-5a; to amend said code by adding thereto a new section, designated
?16-29B-30; to amend said code by adding thereto a new section, designated
?16-29G-1a; to amend and reenact ?16-29G-4 of said code; to amend and reenact
?21-5F-4 of said code; to amend and reenact ?33-4A-1, ?33-4A-2, ?33-4A-3,
?33-4A-5, ?33-4A-6, and ?33-4A-7 of said code; and to amend and reenact
?33-16D-16 of said code, all relating to regulation of health care; repealing redundant code section
relative to neonatal abstinence facilities; repealing health care facility
financial disclosure; repealing uniform system of financial reporting;
repealing information gathering and coordination advisory group; updating the
certificate of need process; placing certificate of need under Secretary of
Department of Health and Human Resources; defining terms; adding exemptions to
certificate of need; clarifying exemptions; modifying computed technology
exemption from certificate of need; clarifying skilled nursing facility
exemption for counties with no skilled nursing facility; allowing skilled
nursing facility bed transfers; requiring skilled nursing facility beds retain
identical certification status; clarifying appeals process; removing autonomy
of Health Care Authority; placing Health Care Authority under direct
supervision of Secretary of the Department of Health and Human Resources;
repealing unnecessary code sections made unnecessary with transfer to
Department of Health and Human Resources; eliminating powers related to
insurance policies and health organizations; modifying health care provider tax
relative to rate review; eliminating public disclosure; eliminating granting
authority; eliminating unnecessary penalties; eliminating unnecessary
severability section; eliminating three full time board members; replacing
existing board with a five member board; appointment of board members; setting
out qualifications of board members; setting out terms of offices, filling of
vacancies and oath for board members; providing for payment of board member
expenses; providing for appointment of a chairman; setting out meeting
requirements; creating the position of Executive Director; setting out power
and duties of the Executive Director; setting compensation for the Executive
Director; eliminating certain powers of the Health Care Authority; eliminating
hospital and health care facility assessments; updating authority power
relative to cooperative agreements; providing for transfer of necessary duties
of Health Care Authority to Department of Health and Human Resources; requiring
a transition plan; setting forth necessary elements of transition plan;
allowing transfer of West Virginia Health Information Network to private
entity; granting access to West Virginia Health Information Network to
Secretary of Department of Health and Human Resources; providing for transfer
of encumbered amounts of West Virginia Health Information Network to private
entity upon transfer date; providing for administrative penalties for nurses
overtime be paid into the general revenue fund; eliminating discretionary
spending of Health Care Authority for amounts from penalties for violation of
the nurse overtime act; substituting executive director of Health Care
Authority or Secretary of Department of Health and Human Resources for chair of
Health Care Authority in various code sections; transferring authority of
Health Care Authority regarding uninsured small group health benefit plans to
the Insurance Commission; eliminating archaic revolving loan and grant fund;
making conforming amendments; and setting effective date
dates.
Senator
On this question, the yeas were: Beach,
Blair, Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall, Karnes, Mann,
Maynard, Mullins, Palumbo, Plymale, Prezioso, Rucker, Smith, Stollings, Swope,
Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?27.
The nays were: Facemire, Jeffries, Maroney,
Miller, Ojeda and Romano?6.
Absent: Azinger?1.
So, two thirds of all the members elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
The Senate proceeded to the ninth order of
business.
Eng.
Com. Sub. for House Bill 2679, Relating to the possession of firearms in parks and park facilities.
On second reading, coming up in regular
order, was read a second time.
The following amendment to the bill, from
the Committee on
By striking out everything after the
enacting clause and inserting in lieu thereof the following:
That
?20-2-19a of the Code of West Virginia, 1931, as amended, be repealed; that
?7-11-15 of said code be amended and reenacted; and that ?20-2-5, ?20-2-42g and
?20-2-42h of said code be amended and reenacted, all to read as follows:
CHAPTER
7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 11. COUNTY PARKS
AND RECREATION COMMISSIONS.
??7-11-5. General powers of commission; rules and
regulations; misdemeanor offenses; park police authorized.
The commission shall have
the necessary powers and authority to manage and control all public parks and
recreational properties and facilities owned by the county or commission and
used as a part of such public parks and recreation system, including the right
to promulgate rules and regulations concerning the management and control of
such parks and recreational properties and facilities and to enforce any such
rules and regulations so promulgated: Provided,
That a commission shall not promulgate or enforce rules which prohibit the
possession of firearms in such parks.
The commission shall also
have plenary power and authority to prepare and submit to the county court
commission for adoption rules and regulations regulating the use
of any parks and recreational properties and facilities under the control of
the commission and prohibiting any type of use of or activities in connection
with any such properties or facilities, and any such rules, and regulations if
so adopted, shall be duly entered of record in the order book of the county
commission. The violation of any such rule and regulation so adopted by the
county commission shall constitute a misdemeanor and, any person convicted of
any such violation shall be punished by a fine of not less than $5 nor more
than $100, or by imprisonment in jail for a period not exceeding thirty days,
or by both such fine and imprisonment. Justices of the peace The
magistrate court of the county shall have concurrent jurisdiction with the
circuit court and other courts of record (having criminal jurisdiction) of any
misdemeanor offenses arising under this article. The violation of any such rule
and regulation which also constitutes the violation of any state law or
municipal ordinance may be prosecuted and punished as a violation of such state
law or municipal ordinance rather than under the provisions of this section. To
enforce any such rules and regulations, to protect and preserve all properties
and facilities under the control of the commission and to preserve law and
order in connection therewith, the commission shall have plenary power and
authority to provide in its bylaws procedures for the appointment, supervision
and discharge of one or more park police officers. Whenever any such
appointment is made, a copy of the order of appointment shall be filed maintained
by the commission for review by members of the public with the county
court.
In any area under the
jurisdiction and control of the commission, or in connection with any
properties or facilities under the jurisdiction and control of the commission,
or in pursuit of one or more individuals therefrom, any park police officer so
appointed shall have all of the power and authority which a regularly appointed
deputy sheriff of such county has in enforcing the criminal laws of the state.
Notwithstanding any provisions of this code to the contrary, park police
officers appointed as aforesaid shall not be required to obtain a state license
to carry a weapon, as required by the provisions of section two, article seven,
chapter sixty-one of this code. When any such commission has purchased one or
more policies of public liability insurance providing the commission and its
officers, agents and employees insurance coverage for legal liability of said
commission and its officers, agents and employees for bodily injury, personal
injury or damage (including, but not limited to, false arrest and false
imprisonment) and property damage, and affording said commission and its
officers, agents and employees insurance coverage against any and all legal
liability arising from, growing out of, by reason of or in any way connected
with, any acts or omissions of said commission, or its officers, agents or
employees in the performance of their official duties, and so long as the
coverage aforesaid remains in full force and effect as to such park police
officers, then the bond specified in section five, article seven of said
chapter sixty-one shall not be required as to such park police officers.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 2. WILDLIFE RESOURCES.
?20-2-5.
Unlawful methods of hunting and fishing and other unlawful acts; Sunday
hunting.
(a)
Except as
authorized by the director or by law, it is unlawful at any time for any person
to:
(1)
Shoot at any wild bird or wild animal unless it is plainly visible;
(2)
Dig out, cut out, smoke out, or in any manner take or attempt to take any live
wild animal or wild bird out of its den or place of refuge;
(3)
Use or attempt to use any artificial light or any night vision technology,
including image intensification, thermal imaging or active illumination while
hunting, locating, attracting, taking, trapping or killing any wild bird or
wild animal: Provided, That it is lawful to hunt or take coyote, fox,
raccoon, opossum or skunk by the use of artificial light or night vision
technology. Any person violating this subdivision is guilty of a misdemeanor
and, upon conviction thereof, shall for each offense be fined not less than
$100 nor more than $500, and shall be confined in jail for not less than ten
days nor more than one hundred days;
(4)
Hunt, take, kill, wound or shoot at wild animals or wild birds from an airplane
or other airborne conveyance, a drone or other unmanned aircraft, an automobile
or other land conveyance, or from a motor-driven water conveyance;
(5)
Use a drone or other unmanned aircraft to hunt, take or kill a wild bird or
wild animal, or to use a drone or other unmanned aircraft to drive or herd any
wild bird or wild animal for the purposes of hunting, trapping or killing;
(6)
Take any beaver or muskrat by any means other than a trap;
(7)
Catch, capture, take, hunt or kill by seine, net, bait, trap or snare or like
device a bear, wild turkey, ruffed grouse, pheasant or quail;
(8)
Intentionally destroy or attempt to destroy the nest or eggs of any wild bird
or have in his or her possession the nest or eggs;
(9) Carry an uncased or loaded
firearm in the woods of this state or in state parks, state forests, state
wildlife management areas or state rail trails with the following
permissible exceptions:
(A)
A person in possession of a valid license or permit during open firearms
hunting season for wild animals and nonmigratory wild birds where hunting is
lawful;
(B)
A person hunting or taking unprotected species of wild animals, wild birds and
migratory wild birds during the open season, in the open fields, open water and
open marshes of the state where hunting is lawful;
(C)
A person carrying a firearm pursuant to sections six and six-a of this article;
or
(D)
A person carrying a firearm handgun for self-defense who is not
prohibited from possessing firearms under state or federal law; or by
section seven, article seven, chapter sixty-one of this code;
(E)
A person carrying a rifle or shotgun for self-defense who is not prohibited
from possessing firearms under state or federal law: Provided, That this exception does not apply to an uncased rifle or
shotgun carried in state park, state forest, or state wildlife management area
recreational facilities and on marked trails within state park or state forest borders.
(10)
Have in his or her possession a crossbow with a nocked bolt, or a rifle or
shotgun with cartridges that have not been removed or a magazine that has not
been detached, in or on any vehicle or conveyance, or its attachments. For the
purposes of this section, a rifle or shotgun whose magazine readily detaches is
considered unloaded if the magazine is detached and no cartridges remain in the
rifle or shotgun itself. Except that between five o?clock post meridian of day
one and seven o?clock ante meridian, Eastern Standard Time, of the following
day, any unloaded firearm or crossbow may be carried only when in a case or
taken apart and securely wrapped. During the period from July 1 to September
30, inclusive, of each year, the requirements relative to carrying unloaded
firearms are permissible only from eight-thirty o?clock post meridian to five o?clock
ante meridian, Eastern Standard Time: Provided, That the time periods
for carrying unloaded and uncased firearms are extended for one hour after the
post meridian times and one hour before the ante meridian times established in
this subdivision, if a person is transporting or transferring the firearms to
or from a hunting site, campsite, home or other abode;
(11)
Hunt, catch, take, kill, trap, injure or pursue with firearms or other
implement by which wildlife may be taken after the hour of five o?clock ante
meridian on Sunday on private land without the written consent of the landowner
any wild animals or wild birds except when a big game season opens on a Monday,
the Sunday prior to that opening day will be closed for any taking of wild
animals or birds after five o?clock ante meridian on that Sunday: Provided,
That traps previously and legally set may be tended after the hour of five o?clock
ante meridian on Sunday and the person tending the traps may carry firearms for
the purpose of humanely dispatching trapped animals. Any person violating this
subdivision is guilty of a misdemeanor and, upon conviction thereof, in
addition to any fines that may be imposed by this or other sections of this
code, is subject to a $100 fine;
(12)(11) Hunt, catch, take, kill,
injure or pursue a wild animal or wild bird with the use of a ferret;
(13)(12) Buy raw furs, pelts or
skins of fur-bearing animals unless licensed to do so;
(14)(13) Catch, take, kill or
attempt to catch, take or kill any fish by any means other than by rod, line
and hooks with natural or artificial lures: Provided, That snaring of any
species of suckers, carp, fallfish and creek chubs is lawful;
(15)(14) Employ, hire, induce or
persuade, with money, things of value or by any means, any person to hunt,
take, catch or kill any wild animal or wild bird except those species in which
there is no closed season; or to fish for, catch, take or kill any fish,
amphibian or aquatic life that is protected by rule, or the sale of which is
otherwise prohibited;
(16)(15) Hunt, catch, take, kill,
capture, pursue, transport, possess or use any migratory game or nongame birds
except as permitted by the Migratory Bird Treaty Act, 16 U. S. C. ?703, et
seq., and its regulations;
(17)(16) Kill, take, catch, sell,
transport or have in his or her possession, living or dead, any wild bird other
than a game bird including the plumage, skin or body of any protected bird,
irrespective of whether the bird was captured in or out of this state, except
the English or European sparrow (Passer domesticus), starling (Sturnus
vulgaris) and cowbird (Molothrus ater), which may be killed at any time;
(18)(17) Use dynamite, explosives
or any poison in any waters of the state for the purpose of killing or taking
fish. Any person violating this subdivision is guilty of a felony and, upon
conviction thereof, shall be fined not more than $500 or imprisoned for not
less than six months nor more than three years, or both fined and imprisoned;
(19)(18) Have a bow and gun, or
have a gun and any arrow, in the fields or woods at the same time;
(20)(19) Have a crossbow in the
woods or fields, or use a crossbow to hunt for, take or attempt to take any
wildlife except as otherwise provided in sections five-g and forty-two-w of
this article;
(21)(20) Take or attempt to take
turkey, bear, elk or deer with any arrow unless the arrow is equipped with a
point having at least two sharp cutting edges measuring in excess of three
fourths of an inch wide;
(22)(21) Take or attempt to take
any wildlife with an arrow having an explosive head or shaft, a poisoned arrow
or an arrow which would affect wildlife by any chemical action;
(23)(22) Shoot an arrow across any
public highway;
(24)(23) Permit any dog owned or
under his or her control to chase, pursue or follow the tracks of any wild
animal or wild bird, day or night, between May 1 and August 15: Provided,
That dogs may be trained on wild animals and wild birds, except deer and wild
turkeys, and field trials may be held or conducted on the grounds or lands of
the owner, or by his or her bona fide tenant, or upon the grounds or lands of
another person with his or her written permission, or on public lands at any
time. Nonresidents may not train dogs in this state at any time except during
the legal small game hunting season. A person training dogs may not have
firearms or other implements in his or her possession during the closed season
on wild animals and wild birds;
(25)(24) Conduct or participate in
a trial, including a field trial, shoot-to-retrieve field trial, water race or
wild hunt: Provided, That any person, group of persons, club or
organization may hold a trial upon obtaining a permit pursuant to section
fifty-six of this article. The person responsible for obtaining the permit
shall prepare and keep an accurate record of the names and addresses of all
persons participating in the trial and make the records readily available for
inspection by any natural resources police officer upon request;
(26)(25) Hunt, catch, take, kill or
attempt to hunt, catch, take or kill any wild animal, wild bird or wild fowl
except during open seasons;
(27)(26) Hunting Hunt
on public lands on Sunday after five o?clock ante meridian is prohibited;
(28)
Hunt, catch, take, kill, trap, injure or pursue with firearms or other
implement which wildlife can be taken, on private lands on Sunday after the
hour of five o?clock ante meridian: Provided, That the provisions of
this subdivision do not apply in any county until the county commission of the
county holds an election on the question of whether the provisions of this
subdivision prohibiting hunting on Sunday shall apply within the county and the
voters approve the allowance of hunting on Sunday in the county. The election
is determined by a vote of the resident voters of the county in which the
hunting on Sunday is proposed to be authorized. The county commission of the county
in which Sunday hunting is proposed shall give notice to the public of the
election by publication of the notice as a Class II-0 legal advertisement in
compliance with the provisions of article three, chapter fifty-nine of this
code and the publication area for the publication is the county in which the
election is to be held. The date of the last publication of the notice shall
fall on a date within the period of the fourteen consecutive days next
preceding the election.
On
the local option election ballot shall be printed the following:
Shall
hunting on Sunday be authorized on private lands only with the consent of the
land owner in ________ County?
[
] Yes
[
] No
(Place
a cross mark in the square opposite your choice.)
(29)(28) Hunt or conduct hunts for
a fee when the person is not physically present in the same location as the
wildlife being hunted within West Virginia.
??????????? (29) Catch, take,
kill, or attempt to catch, take or kill any fish by any means within two
hundred feet of division personnel engaged in stocking fish in public waters.
(b) Notwithstanding any ballot measure relating to
Sunday hunting, it is lawful to hunt throughout the State of West Virginia on
private lands on Sundays after the hour of five o?clock ante meridian with the
written consent of the private landowner pursuant to section seven, article two
of this chapter.
?20-2-42g. Class H
nonresident small game hunting license.
A Class H license is a
nonresident small game hunting license and entitles the licensee to hunt small
game in all counties of the State, except as prohibited by rules of the director
or Natural Resources Commission and except when additional licenses, stamps or
permits are required, for a period of six consecutive hunting days chosen by
the licensee, excluding Sunday in counties closed to Sunday hunting. The
fee for the license is $25. This is a base license and does not require the
purchase of a prerequisite license to participate in the activities specified
in this section, except as noted.
?20-2-42h. Class J nonresident
small game shooting preserve license.
A Class J license is a
nonresident small game shooting preserve license and entitles the licensee to
hunt small game on designated shooting preserves, except as prohibited by rules
of the director or Natural Resources Commission and except when additional
licenses, stamps or permits are required, for a period of six consecutive hunting
days chosen by the licensee, excluding Sunday in counties closed to
Sunday hunting. The fee for the license is $10. This is a base license and
does not require the purchase of a prerequisite license to participate in the
activities specified in this section, except as noted.
The bill
Eng.
Com. Sub. for House Bill 2721, Removing the cost limitation on projects completed by the Division of
Highways.
On second reading, coming up in regular
order, was read a second time.
On motion of Senator Hall, the following
amendments to the bill were reported by the Clerk, considered simultaneously,
and adopted:
On page
On page seven, section nine, lines sixty and
sixty-one, by striking out all of subsection (g);
And by relettering the remaining
subsections;
??????????? And,
On pages seven and eight, section nine, line
sixty-four, after the word ?Finance.? by striking out the remainder of the
bill.
The bill
Eng.
Com. Sub. for House Bill 2722, Eliminating the financial limitations on utilizing the design-build
program for highway construction.
On second reading, coming up in regular
order, was read a second time.
On motion of Senator Hall, the following
amendments to the bill were reported by the Clerk and considered
simultaneously:
On page
And,
On page
Following discussion,
The question being on the adoption of
Senator Hall?s amendments to the bill, the same was put and prevailed.
The bill
Eng.
House Bill 3106, Relating
to increasing the number of limited video lottery terminals.
On second reading, coming up in regular
order, was read a second time and ordered to third reading.
The Senate proceeded to the tenth order of
business.
Eng.
Com. Sub. for House Bill 2329, Prohibiting the production, manufacture or possession of fentanyl.
On first reading, coming up in regular
order, was read a first time and ordered to second reading.
Eng.
House Bill 2878, Increasing
amount of authorized Federal Grant Anticipation Notes for which Division of
Highways may apply.
On first reading, coming up in regular
order, was read a first time and ordered to second reading.
The Senate proceeded to the eleventh order
of business and the introduction of guests.
The Senate then proceeded to the twelfth
order of business.
Remarks were made by
Thereafter, at the request of Senator
Pending announcement of meetings of standing
committees of the Senate,
On motion of Senator
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