Senate Daily Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

SEVENTEENTH DAY

____________

Charleston, W. Va., Friday, January 24, 2014

The Senate met at 10 a.m.

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

Prayer was offered by Dr. William McCoy, First Presbyterian Church, Charleston, West Virginia.

Pending the reading of the Journal of Thursday, January 23, 2014,

On motion of Senator Cole, 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. Com. Sub. for House Bill No. 2757--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-20D-1, §19-20D-2, and §19-20D-3, all relating to the creation of a private cause of action in magistrate court for the purpose of seeking humane destruction of a violent dog; elements of action; proceeding; attorney fees; limitations of action; and order of the court.

Referred to the Committee on the Judiciary.

The Senate then proceeded to the fourth order of business.

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. 157, Authorizing Fire Commission promulgate legislative rule relating to certification of home inspectors.

And,

Senate Bill No. 164, Authorizing State Fire Marshal promulgate legislative rule relating to certification of electrical inspectors.

And reports the same back with the recommendation that they each do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

The bills, under the original double committee references, were then referred to the Committee on the Judiciary.

Senator 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. 373 (originating in the Committee on Natural Resources), Relating to water resources protection.

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

Com. Sub. for Com. Sub. for Senate Bill No. 373 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22-26-2, §22-26-3, §22-26-5, §22-26-6, §22-26-7 and §22-26-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §22-30-1, §22-30-2, §22-30-3, §22-30-4, §22-30-5, §22-30-6, §22-30-7, §22-30-8, §22-30-9, §22-30-10, §22-30-11, §22-30-12, §22-30-13, §22-30-14, §22-30-15, §22-30-16, §22-30-17, §22-30-18, §22-30-19, §22-30-20, §22-30-21, §22-30-22, §22-30-23, §22-30-24, §22-30-25 and §22-30-26, all relating to water resources and water protection generally; revising the Water Resources Protection and Management Act; establishing the Aboveground Storage Tank Water Resources Protection Act; making certain legislative findings; clarifying definitions; amending definition of “large-quantity user”; eliminating certain variance provisions; requiring certain reports from the secretary; requiring cooperating state agencies to continue funding levels for stream-gaging network; requiring notification of inability to continue funding of stream-gaging network; requiring information regarding private wells and depth to groundwater; requiring secretary to provide annual update on implementation of State Water Resources Management Plan; adopting State Water Resources Management Plan; requiring the Department of Environmental Protection to report annually to commission regarding implementation of plan and survey results; requiring large-quantity users to submit reports annually; creating certain requirement for aboveground storage tanks containing fluids except water; providing certain exemptions; defining terms; requiring registration and inventorying of certain aboveground storage tanks; making it unlawful to construct, maintain or use any aboveground storage tank without a permit; setting forth regulatory framework for aboveground storage tanks; requiring annual inspections of tanks; requiring financial resources to take corrective action; requiring corrective action for releases and corrective action in the event of a release; authorizing the secretary to take corrective action in certain circumstances; requiring of certain facts spill prevention response plans; providing notice to local governments, water companies and industrial users; mandating signage and aboveground storage tanks sites reflecting contents of the tanks and hazards associated therewith; establishing registration fees and administrative fund; creating Leaking Aboveground Storage Tank Response Fund and setting forth mechanisms for funding and expenditure; permitting public access to information subject to FOIA; establishing requirements for inspections, monitoring and testing; requiring secretary to perform mandatory annual inspection; providing for administrative orders and injunctive relief; providing for civil penalties and creating certain criminal offenses and setting forth penalties therefore; permitting appeals to Environmental Quality Board; prohibiting certain duplicative enforcement; requiring reports to the Legislature; requiring interagency cooperation; permitting civil action in case of imminent and substantial danger; requiring source water protection plans from public water systems; requiring annual fees by public water systems; requiring Department of Health and Human Resources and Department of Environmental Protection to jointly approve protection plan; authorizing emergency rulemaking; requiring legislative rulemaking for purposes of implementing the act; and setting forth powers and duties of secretary.

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

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 373) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

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

Your Committee on Education has had under consideration

Senate Bill No. 394, Redesignating Health Sciences Scholarship Program as Health Sciences Service Program.

And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.

Respectfully submitted,

Robert H. Plymale,

Chair.

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

The Senate proceeded to the sixth order of business.

On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:

By Senator Beach:

Senate Bill No. 427--A Bill to amend and reenact §17D-2A-2, §17D-2A-5 and §17D-2A-7 of the Code of West Virginia, 1931, as amended, all relating to requiring a certificate of insurance to be in effect during the entire term of the vehicle registration period; permitting a discretionary electronic acknowledgment exception; clarifying that certain security provisions do not apply to commercial vehicles insured under commercial auto coverage; removing the requirement that insurance companies must notify the Division of Motor Vehicles when a policyholder’s vehicle insurance has been canceled; removing an outdated reporting requirement; clarifying and increasing the penalties for vehicle owners who do not have the required security in effect; replacing the driver’s license suspension penalty of a person who knowingly operates a vehicle without the required security with a provision stating that a person who is not the vehicle owner and who is convicted of operating a motor vehicle that does not have the required security shall have the conviction placed on the driver's license record; directing that fees collected for reinstatement of a driver’s license be deposited in the Motor Vehicle Fees Fund; and prohibiting the Division of Motor Vehicles from taking action against a person cited for driving without insurance if the citation is received by the division more than one year from the date of the offense.

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

By Senators Beach and Laird:

Senate Bill No. 428--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-34-1, §19-34-2, §19-34-3, §19-34-4, §19-34-5, §19-34-6, §19-34-7, §19-34-8, §19-34-9 and §19-34-10, all relating to the regulation of dangerous wild animals; creating the Dangerous Wild Animal Board; setting forth the duties of the board; requiring the board to create a list of dangerous wild animals by rule; permitting the board to issue a permit for a dangerous wild animal legally possessed prior to the effective date of the rules; prohibiting the possession of a dangerous wild animal thereafter; setting forth permit requirements; providing for confiscation and disposition of animals; permitting the suspension and revocation of permits; providing exemptions; providing rule-making and emergency rule-making authority; and establishing criminal and civil penalties.

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

By Senators Boley, Nohe, Barnes, Blair, Carmichael, Cole, M. Hall, Jenkins, Sypolt and Walters:

Senate Bill No. 429--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-1-5, relating to public school curricular standards and assessments; establishing a Legislative Common Core Study Committee to study issues relating to implementation of Common Core standards and assessments in West Virginia and report to the Governor and Legislature no later than six months after the final public hearing, or on or before the first day of the 2016 Regular Session of the Legislature, whichever comes first; requiring State Board of Education to undertake a study of fiscal costs associated with implementing Common Core standards and assessments and report to the Governor and Legislature on or before the first day of the 2016 Regular Session; placing a two-year moratorium on implementation of Common Core assessments; prohibiting the State Board of Education from sharing personally identifiable information of students or teachers except as provided; and definitions.

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

By Senators Edgell, Green, Kirkendoll, Laird, McCabe, Snyder, Tucker, Unger, Yost and Stollings:

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

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

By Senator Beach:

Senate Bill No. 431--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 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; and providing an additional fee for the issuance of driver’s license issued for federal use.

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

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

Senate Concurrent Resolution No. 16--Expressing the support of the Legislature of urging Congress to revise the Biggert-Waters Flood Insurance Reform Act of 2012.

Whereas, In 1968, the United States Congress created the National Flood Insurance Program, allowing the purchase of flood insurance as an alternative to disaster relief; and

Whereas, This program is now deeply in debt following the widespread devastation caused by Hurricane Katrina and Superstorm Sandy; and

Whereas, In 2012, the United States Congress passed the Biggert-Waters Flood Insurance Reform Act of 2012 to bolster the National Flood Insurance Program; and

Whereas, Due to this act, many West Virginia residents and businesses have seen their flood insurance premiums greatly increase; and

Whereas, Many of those affected by increasing flood insurance premiums have historically lived outside of a recognized floodplain; and

Whereas, Floodplain maps are created and administered by the Federal Emergency Management Agency, located outside of West Virginia; and

Whereas, There is a large cost being placed on West Virginia

cities and property owners to appeal the incorrect maps; and

Whereas, Traditionally, flood insurance rates have been regionally based, where similar risk factors and like properties are insured; and

Whereas, There is a distinct difference between inland flooding in West Virginia, which often results in permanent residences being cleaned and rehabbed, and coastal flooding, which primarily affects vacation homes that are completely lost; and

Whereas, Under the new law, inland areas and coastal regions are insured together; and

Whereas, This has caused property owners of low-risk primary residences to subsidize flood insurance for vacation homes that are intentionally built in high-risk coastal areas; and

Whereas, While this act is laudable in its intent, it has resulted in an unfair burden and hardship placed on West Virginia residents and businesses; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature expresses the support of urging Congress to revise the Biggert-Waters Flood Insurance Reform Act of 2012; and, be it

Further Resolved, That the Legislature hereby strongly urges the United States Congress to revisit and revise the Biggert-Waters Flood Insurance Reform Act of 2012, in hopes that the unfair burden and hardship placed on West Virginia residents and businesses can be removed; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to members of the West Virginia congressional delegation, the Majority Leader of the United States Senate and the Speaker of the United States House of Representatives.

Which, under the rules, lies over one day.

Senators Laird, Miller, Unger, Plymale, Stollings, Cole and Jenkins offered the following resolution:

Senate Concurrent Resolution No. 17--Requesting the Division of Highways to name bridge number 13-2-0.01, located in Greenbrier County, the “Sgt. James Lee Holcomb Memorial Bridge”.

Whereas, James Lee Holcomb was born and raised in Russellville, West Virginia; and

Whereas, After attending Nuttall High School, James Lee Holcomb enlisted in the United States Army; and

Whereas, James Lee Holcomb completed his basic training in Fort Benning, Georgia, and went on to serve in the Panama Canal Zone and then in Korea for thirteen months; and

Whereas, James Lee Holcomb answered the call of duty in Vietnam, where he was wounded twice and received the Combat Infantry Badge and the Bronze Star Medal; and

Whereas, On November 1, 1966, James Lee Holcomb made the ultimate sacrifice for his country when he was killed in action in Vietnam, leaving behind a wife, two children, his siblings and a host of family and friends; and

Whereas, It is fitting to honor the life of James Lee Holcomb by naming this bridge as an everlasting tribute to his memory; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 13-2-0.01, located in Greenbrier County, the “Sgt. James Lee Holcomb 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 “Sgt. James Lee Holcomb Memorial Bridge”; and, be it

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

Which, under the rules, lies over one day.

The Senate proceeded to the seventh order of business.

Senate Concurrent Resolution No. 14, Requesting DOH name bridge crossing Madison Creek, Logan County, "Tech 4 Grade, 185th Chemical Co, Bernard C. Maynard Memorial Bridge".

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. 15, Requesting DOH name bridge on Rt. 2 Cabell County, "Army PFC Homer 'Clyde' Farley, Silver Star Recipient, and Army PFC Max O. Farley, Double Bronze Star Recipient, Memorial Bridge".

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

The Senate proceeded to the eighth order of business.

Eng. Com. Sub. for Senate Bill No. 58, Relating to basis for voidable marriages and annulments.

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, Cole, Cookman, Edgell, 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)--32.

The nays were: None.

Absent: Chafin and Facemire--2.

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. 58) passed with its title.

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

Senate Bill No. 350, Requiring Agriculture Commissioner propose legislative rules for Rural Rehabilitation Loan Program.

On third reading, coming up in regular order, with the right having been granted on yesterday, Thursday, January 23, 2014, for further amendments to be received on third reading, was reported by the Clerk.

There being no further amendments offered,

The bill, as amended on yesterday, Thursday, January 23, 2014, was ordered to engrossment.

Engrossed Senate Bill No. 350 was then 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, 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: None.

Absent: Facemire--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 350) 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, 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: None.

Absent: Facemire--1.

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. 350) takes effect from passage.

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

The Senate proceeded to the ninth order of business.

Com. Sub. for Senate Bill No. 12, Relating to expedited partner therapy treatment.