WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2014
THIRTY-SIXTH DAY
____________
Charleston, W. Va., Wednesday, February 12, 2014
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by Pastor Thomas C. Shepherd, Bible Baptist Church, MacArthur, West Virginia.
Pending the reading of the Journal of Tuesday, February 11, 2014,
On motion of Senator Sypolt, 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.
At the request of Senator Chafin, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant Jim Crawford, Kanawha County Board of Education member and Personal Representative of the Scottish Rite’s Sovereign Grand Inspector General, and Letitia Neese Chafin, wife of the Honorable H. Truman Chafin, a senator from the sixth district, privileges of the floor for the day.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the adoption as amended, with its Senate amended title, of
House Concurrent Resolution No. 42, Biggert-Waters Flood Insurance Reform Act of 2012.
The Senate proceeded to the fourth order of business.
Senator Cookman, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 12th day of February, 2014, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. No. 4177), Making a supplementary appropriation to various agencies.
And,
(H. B. No. 4182), Supplementing, amending, increasing, decreasing, and adding items of appropriations in various accounts.
Respectfully submitted,
Donald H. Cookman,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 30, Exempting autocycles from license examination and safety equipment requirements.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 30 (originating in the Committee on Transportation and Infrastructure)--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 safety requirements; and deleting obsolete language regarding the motorcycle safety and education committee.
Senate Bill No. 95, Creating felony offense for DUI causing serious bodily injury.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 95 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to making it a felony to drive a vehicle while under the influence of alcohol, controlled substance or other drug and recklessly cause serious bodily injury to another person; and establishing and increasing penalties for first and subsequent violations of certain offenses.
And,
Senate Bill No. 378, Redefining "authorized emergency vehicle" to include garbage trucks and other sanitation vehicles.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 378 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-6-11; and to amend and reenact §17C-15-26 of said code, all relating to speed limitations and lamps on certain motor vehicles; directing that no person shall drive a motor vehicle and meet or overtake from either direction a stopped waste service vehicle at a speed in excess of fifteen miles per hour under certain circumstances; defining “waste service vehicle”; setting forth situations in which the special speed limit applies; providing penalties, including fines and incarceration; and permitting service vehicles to be equipped with special lights.
With the recommendation that the three committee substitutes do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Robert D. Beach,
Chair.
The bills (Com. Sub. for S. B. Nos. 30, 95 and 378), 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
Senate Bill No. 88, Relating to claims for total loss and debris removal proceeds under farmers' mutual fire insurance companies.
Com. Sub. for Senate Bill No. 384, Prohibiting certain insurers require policyholders use mail-order pharmacy.
And,
Com. Sub. for Senate Bill No. 434, Eliminating revocation period for certain DUI offenders.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 322, Providing state compensate officials, officers and employees every two weeks.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 322 (originating in the Committee on Finance)--A Bill to amend and reenact §6-7-1 of the Code of West Virginia, 1931, as amended, relating to authorizing state agencies, state institutions of higher education and the Higher Education Policy Commission to transition all employees, officers and officials, except elected officials, into payment in arrears and to pay employees biweekly as part of the standardization of the state’s accounting and payroll functions under the Enterprise Resource Planning Board.
With the recommendation that the committee substitute 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. 379, Reclassifying counties.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 379 (originating in the Committee on Government Organization)--A Bill to amend and reenact §7-7-3, §7-7-4 and §7-7-6b of the Code of West Virginia, 1931, as amended, all relating to counties; reclassifying counties from ten classes to five classes; increasing the salaries of county commissioners and elected county officials; clarifying that the salary increases for county commissioners and elected county officials take effect with the new term of office; authorizing an automatic salary increase every two years; clarifying that the automatic salary increases only take effect with the new term of office; providing that the State Auditor shall not be held liable for relying upon information and data provided by a county commission in certifying a county’s annual budget; and clarifying assessors’ additional compensation classifications.
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.
The bill (Com. Sub. for S. B. No. 379), under the original double committee reference, was 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 Bill No. 402, Permitting recovery of service charge and fees charged to Tax Commissioner by financial institutions.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 412, Defining "dyslexia" for education purposes.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Education.
Respectfully submitted,
Ron Stollings,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Education.
Senator 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. 420 (originating in the Committee on Education), Relating to data sharing in P-20W Longitudinal Data System.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 420 (originating in the Committee on Finance)--A Bill to amend and reenact §18B-1D-10 of the Code of West Virginia, 1931, as amended, relating to adding the Bureau for Children and Families, WorkForce West Virginia and the West Virginia Supreme Court of Appeals to the existing entities that are to enter into a state data-sharing compact; adding child care and workforce data to the data that is to be included in the P-20W Longitudinal Data System; revising legislative findings; adding definitions; creating a governing board of the P-20W Longitudinal Data System; setting forth membership of the board; setting forth authority and duties of the board; adding requirements for the Bureau for Children and Families, the State Board of Education, the Higher Education Policy Commission, the Council for Community and Technical College Education and WorkForce West Virginia; requiring the data warehouse to be housed within the West Virginia Network for Educational Telecomputing; and adding components to the state data-sharing compact.
With the recommendation that the committee substitute for committee substitute 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
Senate Bill No. 422, Expanding state aid for students of certain health professions.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 422 (originating in the Committee on Finance)--A Bill to amend and reenact §18C-3-2 of the Code of West Virginia, 1931, as amended, relating to providing state aid for certain students pursuing certain degrees; requiring a service commitment to state for future students; setting forth alternatives to service; requiring legislative rule; and specifying rule provisions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 425, Relating to licensure, supervision and regulation of physician assistants.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 425 (originating in the Committee on Health and Human Resources)--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 and §30-3E-16, all relating to the licensure, supervision and regulation of physician assistants by the West Virginia Board of Medicine; defining term; providing for rule-making authority; setting forth licensing requirements; providing for a temporary license; providing for a practice agreement; setting out practice agreement requirements; setting forth requirements for a supervising physician; setting forth requirements for an alternate supervisory physician; providing for prescriptive authority for physician assistants; setting limits on the number of full-time physician assistants which may be supervised by a single supervisory physician; providing for emergency practice provisions; and providing for a summer camp license.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Ron Stollings,
Chair.
The bill (Com. Sub. for S. B. No. 425), under the original double committee reference, was then referred to the Committee on Government Organization.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 449, Relating to power and authority of Secretary of Department of Veterans' Assistance.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 449 (originating in the Committee on Military)--A Bill to amend and reenact §9A-1-2, §9A-1-5, §9A-1-6, §9A-1-8, §9A-1-9, §9A-1-10, §9A-1-11 and §9A-1-12 of the Code of West Virginia, 1931, as amended, all relating to the administration of the Department of Veterans’ Assistance; redesignating employment positions within the department; providing additional power and authority to the secretary; modifying duties of the Veterans’ Council; authorizing the award of grants to support the transportation of veterans to veterans’ hospitals or to veterans’ assistance offices; and revising language related to the Veterans Facilities Support Fund, which is continued, to include an additional veterans’ skilled nursing facility in Beckley, West Virginia, and providing for the acquisition of property on which to build the facility.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Erik P. Wells,
Chair.
The bill (Com. Sub. for S. B. No. 449), under the original double committee reference, was then referred to the Committee on Government Organization.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 468, Providing for Veterans Medal and Service Cross.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Erik P. Wells,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Government Organization, with an amendment from the Committee on Military pending.
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. 486, Establishing salaries and providing raises for State Police forensic lab employees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 486 (originating in the Committee on Government Organization)--A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as amended, relating to establishing salaries and providing raises for employees within the West Virginia State Police Forensic Laboratory; and requiring the Director of the State Police Crime Laboratory to submit a report on its ability to retain employees to the Joint Committee on Government and Finance before January 1, 2018.
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.
The bill (Com. Sub. for S. B. No. 486), under the original double committee reference, was then referred to the Committee on Finance.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 492, Requiring State Board of Pharmacy develop specialty drugs list.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 492 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §30-5-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-5-35, all relating to specialty drugs; defining terms; requiring Board of Pharmacy to develop a list of specialty drugs; requiring consultation with state pharmacy schools; requiring publication of the list of specialty drugs in the state register; establishing criteria to select speciality drugs; requiring pharmacy benefits managers to follow list developed by the Board of Pharmacy; providing certain pharmacies and pharmacists with the opportunity to dispense specialty drugs; and specifying reimbursement requirements for pharmacy benefits managers for specialty drugs.
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,
Ron Stollings,
Chair.
The bill (Com. Sub. for S. B. No. 492), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 503, Revising Child Welfare Act.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 523, Providing for additional state veterans skilled nursing facility in Beckley.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 523 (originating in the Committee on Military)--A Bill to amend and reenact §9A-1-11 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-1B-1, §16-1B-2 and §16-1B-3 of said code; to amend and reenact §16-29A-3 and §16-29A-7 of said code; to amend and reenact §19-1-4 of said code; and to amend and reenact §29-22-9a of said code, all relating to construction of an additional state veterans’ skilled nursing facility; authorizing Veterans Facilities Support Fund expenditures; authorizing the issuance of bonds by the Hospital Finance Authority; authorizing the Secretary of the Department of Veterans’ Assistance and the Commissioner of the Department of Agriculture to enter into agreement to transfer certain property; and authorizing expenditures from the Veterans Lottery Fund, the Veterans Nursing Homes Building Fund and the Veterans Nursing Homes Debt Service 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,
Erik P. Wells,
Chair.
The bill (Com. Sub. for S. B. No. 523), under the original double committee reference, was then referred to the Committee on Finance.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Concurrent Resolution No. 27, Urging President and Congress establish provisions to prevent and respond to chemical spills in state and national waters.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being granted, the resolution (S. C. R. No. 27) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration.
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.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
By Senators McCabe, Beach and Palumbo:
Senate Bill No. 541--A Bill to amend and reenact §55-3A-1 of the Code of West Virginia, 1931, as amended, relating to remedies for wrongful occupation of residential rental property; defining “agent of the owner”; and providing certain rights to tenants who have the authority to sublet their leased premises.
Referred to the Committee on the Judiciary.
By Senators Wells, Unger, Jenkins, Plymale, Palumbo and Beach:
Senate Bill No. 542--A Bill to amend and reenact §22-11-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22-11-31, all relating to release of fluids or chemicals; definitions; requiring notification of release; and providing penalties for failure to submit notification.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Edgell, Kessler (Mr. President), Jenkins, Carmichael, Cole, Williams, Plymale, Blair, D. Hall, M. Hall, Sypolt, Wells, Walters, Boley, Beach and Nohe:
Senate Bill No. 543--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B-2I-6 and §5B-2I-7, 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 or leader of either house of the Legislature for certain proposed legislation; 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.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Laird and Cookman:
Senate Bill No. 544--A Bill to amend and reenact §49-1-7 of the Code of West Virginia, 1931, as amended, relating to allowing the Division of Juvenile Services to share juvenile records under certain circumstances with another state if that state has a reciprocal agreement with this state; specifying the circumstances in which information which may be shared; authorizing the Division of Juvenile Services to enter into agreements with other states; and authorizing rule-making authority.
Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.
By Senators Laird and Cookman:
Senate Bill No. 545--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §49-5E-6a and §49-5E-6b, all relating to the Division of Juvenile Services; authorizing the Director of Juvenile Services to establish juvenile trustee accounts and funds for earnings and personal property of juveniles; creating a juvenile benefit fund; and including residents of the Division of Juvenile Services as a division designated to receive and disburse such funds.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Wells, Jenkins, Carmichael, Williams and D. Hall:
Senate Bill No. 546--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-10-1d, relating to requiring state institutions of higher education to charge resident tuition rates to resident and nonresident members of the military eligible for educational benefits under 38 U. S. C. §3311.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Palumbo, Beach and Nohe:
Senate Bill No. 547--A Bill to amend and reenact §8-5-7 of the Code of West Virginia, 1931, as amended, relating to increasing or decreasing the number of municipal wards or election districts and council members.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Palumbo, Carmichael, Green, Stollings and Beach:
Senate Bill No. 548--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-16-11b; and to amend and reenact §60-8-3 of said code, all relating to creating a special one-day license for charitable events to sell nonintoxicating beer; and setting a $25 fee.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Tucker, Palumbo, Plymale and Sypolt:
Senate Bill No. 549--A Bill to amend and reenact §48-13-302 of the Code of West Virginia, 1931, as amended; and to amend and reenact §48-18-126 of said code, all relating to the calculation of child support obligations; and the review and adjustment of child support orders.
Referred to the Committee on the Judiciary.
By Senators Miller, Jenkins, Carmichael, D. Hall, Sypolt and Green:
Senate Bill No. 550--A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended, relating to providing a $2,008 annual salary increase for employees of the Division of Corrections.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Laird, Unger and Beach:
Senate Bill No. 551--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-14-3a, relating to requiring municipal law-enforcement officers to wear certain armored vests when feasible; and requiring municipal police chiefs to create a policy regarding the mandatory use of certain armored vests.
Referred to the Committee on Government Organization.
By Senators Plymale, Tucker, D. Hall, Palumbo and Nohe:
Senate Bill No. 552--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.
Referred to the Committee on the Judiciary.
By Senators Edgell, Fitzsimmons, Cookman, Yost and Beach:
Senate Bill No. 553--A Bill to amend and reenact §3-5-24 of the Code of West Virginia, 1931, as amended, relating to where certificates of nomination are filed for municipal elections; filing deadlines for certificates of nomination for municipal elections not held in conjunction with regular state and county general elections; and clarifying with whom the certificates are filed and to whom the fees are to be paid.
Referred to the Committee on the Judiciary.
By Senators Fitzsimmons and Yost:
Senate Bill No. 554--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-16-1, §21-16-2, §21-16-3, §21-16-4, §21-16-5, §21-16-6 and §21-16-7, all relating to protecting the health and safety of employees against the effects of silicosis and other respiratory diseases which may result from the dry cutting of masonry units; prohibiting dry cutting of masonry units under certain circumstances; providing the Commissioner of Labor enforcement authority; and allowing imposition of civil penalties on violators, including procedures for imposition, appeal and collection.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senators Cookman and Plymale:
Senate Bill No. 555--A Bill to amend and reenact §44A-2-7 of the Code of West Virginia, 1931, as amended, relating to appointing counsel for an alleged protected person; and requiring the circuit court to make appointments from a listing of all interested and qualified attorneys in the circuit and on a rotating basis.
Referred to the Committee on the Judiciary.
By Senators Cookman and Yost:
Senate Bill No. 556--A Bill to amend and reenact §59-1-10 of the Code of West Virginia, 1931, as amended, relating to death certificates of military veterans; and providing for the issuance, without charge in certain instances, of up to five certified copies of a veteran’s death certificate by the clerk of the county commission.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senators Cookman and Unger:
Senate Bill No. 557--A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to authorizing an additional circuit court judge for the twenty-third judicial circuit consisting of Berkeley, Jefferson and Morgan counties.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Facemire, Edgell and Blair:
Senate Bill No. 558--A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof.
Referred to the Committee on Finance.
By Senators Edgell, Fitzsimmons, Cookman, Wells, Miller, Walters, Plymale and Yost:
Senate Bill No. 559--A Bill to amend and reenact §59-1-2a of the Code of West Virginia, 1931, as amended, relating to eliminating late fees charged by the Secretary of State; and eliminating fees charged to domestic corporations, foreign corporations, domestic limited liability companies and foreign limited liability companies for the late filing of annual reports.
Referred to the Committee on Government Organization.
By Senators Unger, Beach, Cann, Cookman, Fitzsimmons, D. Hall, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Tucker, Wells, Yost, Chafin, Barnes, Boley, Carmichael, Cole, Jenkins, Nohe, Walters, Stollings, Kessler (Mr. President) and Green:
Senate Joint Resolution No. 12--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; preserving riparian rights; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senators Williams, Unger, D. Hall, Sypolt and Edgell offered the following resolution:
Senate Concurrent Resolution No. 30--Requesting the Division of Highways to name bridge number 1-11-6.35 (01A016), located 0.01 miles east of County Route 36 on County Route 11 and crossing over the Middle Fork River, the “Army Sergeant John A. Charnoplosky Memorial Bridge”.
Whereas, John A. Charnoplosky was born December 31, 1952, at Buckhannon, West Virginia, the son of George Charnoplosky and Dorothy Lee Charnoplosky Weekley; and
Whereas, John A. Charnoplosky had three brothers, Tony A., Philip W. and George Charnoplosky; and
Whereas, John A. Charnoplosky had a stepfather, Lee Weekley, stepsisters Mrs. Pam Spencer and Mrs. Nancy Hall and stepbrother Norman Weekley; and
Whereas, John A. Charnoplosky graduated from Philip Barbour High School in 1970, where he was an outstanding athlete, lettering in football, track and wrestling; and
Whereas, Sergeant John A. Charnoplosky was serving as a door gunner on a UHI helicopter for the 187th Assault Helicopter Company on November 15, 1971, when he died as a result of a mid-air collision with another UHI helicopter as they were returning to refuel after landing South Vietnamese troops on a combat operation ten miles east of the Cambodian border; and
Whereas, Sergeant John A. Charnoplosky is listed on the wall of the Vietnam Veterans Memorial in Washington, D. C., at Panel W2, Line 67; and
Whereas, During his service, Sergeant John A. Charnoplosky frequently participated in more than two flights per day over hostile territory in support of counterinsurgency operations; and
Whereas, Sergeant John A. Charnoplosky was awarded two Air Medals for heroism and a Purple Heart; and
Whereas, It is proper that an enduring reminder be dedicated to the memory of the service and sacrifice given by Sergeant John A. Charnoplosky; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 1-11-6.35 (01A016), located 0.01 miles east of County Route 36 on County Route 11 and crossing over the Middle Fork River, the “Army Sergeant John A. Charnoplosky 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 “Army Sergeant John A. Charnoplosky 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 to family members of Army Sergeant John A. Charnoplosky.
Which, under the rules, lies over one day.
Senators Tucker, Barnes, Plymale, Stollings, Unger, Jenkins, Williams, D. Hall, Palumbo, McCabe, Beach and Fitzsimmons offered the following resolution:
Senate Concurrent Resolution No. 31--Recognizing the National Radio Astronomy Observatory’s West Virginia Center for STEM Education located in Green Bank, West Virginia, as a preeminent facility for scientific, engineering, machining and STEM education.
Whereas, The National Radio Astronomy Observatory was founded in 1956 to provide state-of-the-art radio telescope facilities for use by the international scientific community to research the universe; and
Whereas, West Virginia’s great late Senator Robert C. Byrd secured funding for a radio telescope at Green Bank and, upon the telescope’s opening in 2000, the facility was named in his honor; and
Whereas, The 100-m Green Bank Telescope has the largest collecting areas of any fully steerable telescope in the world; and
Whereas, Scientists from around the world use the Green Bank Telescope to observe the skies for more than six thousand hours every year; and
Whereas, The Green Bank Telescope stokes the interest in the skies of over forty thousand visitors per year; and
Whereas, The National Radio Astronomy Observatory has more than fifty years’ experience in nationally recognized STEM education programs and activities, currently hosts over three thousand students in educational programs annually and hosts numerous major world class scientific instruments in use on site; and
Whereas, The National Radio Astronomy Observatory is poised to expand its STEM education capabilities within West Virginia; and
Whereas, The State of West Virginia has a vested interest in expanding its STEM educational opportunities to all residents; and
Whereas, The annual economic impact on Pocahontas County equals or exceeds $29 million and is one of the largest employers within Pocahontas County; and
Whereas, The Green Bank Telescope has received approximately $119 million from the United States Congress and the National Science Foundation; and
Whereas, The National Science Foundation’s Astronomy Portfolio Review Committee recommended in 2012 that the Robert C. Byrd Green Bank Telescope will cease to be funded over a five-year period; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby recognizes the National Radio Astronomy Observatory’s West Virginia Center for STEM Education located in Green Bank, West Virginia, as a preeminent facility for scientific, engineering, machining and STEM education; and, be it
Further Resolved, That the Legislature recognizes Green Bank STEM Education as an exemplary school for STEM education that will work in conjunction with other STEM-related academies and entities throughout the State of West Virginia; and, be it
Further Resolved, That the Legislature encourages the National Radio Astronomy Observatory’s Green Bank facility create an equal partnership with Marshall University and West Virginia University for the purposes noted herein; and, be it
Further Resolved, That the State of West Virginia will seek funding to preserve and enhance the asset, the Robert C. Byrd Green Bank Telescope, for educational and scientific purposes; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Robert C. Byrd Green Bank Telescope, Marshall University and West Virginia University.
Which, under the rules, lies over one day.
Senators Kessler (Mr. President), Stollings, Unger, Jenkins, Williams, Plymale, Yost, D. Hall, Palumbo, Green, Edgell, Wells, McCabe, Beach and Fitzsimmons offered the following resolution:
Senate Resolution No. 25--Recognizing the West Virginia Women’s Commission on Women’s Day at the Legislature.
Whereas, The West Virginia Women’s Commission is celebrating nearly four decades of promoting the status and empowerment of all West Virginia women through advocacy, research, education and consensus building; and
Whereas, The West Virginia Women’s Commission strives to foster women’s economic, political, educational and social development, to ensure their full participation in society and to recognize their achievements; and
Whereas, The West Virginia Women’s Commission has continued its history of honoring women across the state through programs such as Celebrating a Legacy of Women in Public Service during Women’s History Month, educating women and legislators during their annual Women’s Day at the Legislature, completing an annual policy statement highlighting legislation of importance to women and families and by recognizing the annual Women’s Equality Day Celebration commemorating the passage of the 19th Amendment; and
Whereas, Through the West Virginia Women’s Commission’s programs and collaborations with partner organizations, women have the opportunity to participate in learning experiences through workshops focused on citizen advocacy; and
Whereas, West Virginia citizens are proud of the accomplishments and achievements of women in our state, both in the private and public sectors, and appreciate their many contributions to our communities as they continue to advance in leadership roles in our society; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the West Virginia Women’s Commission on Women’s Day at the Legislature; and, be it
Further Resolved, That the Senate expresses its sincere appreciation to women for the many contributions they make to the State of West Virginia in all facets of our society; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials with the West Virginia Women’s Commission.
At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Plymale, Stollings, Unger, Kessler (Mr. President), Jenkins, Carmichael, Cole, Williams, Tucker, Yost, D. Hall, Palumbo, Green, Edgell, Wells, McCabe and Fitzsimmons offered the following resolution:
Senate Resolution No. 26--Designating February 12, 2014, as Marshall University Day.
Whereas, The year 2014 marks the 177th anniversary of Marshall University, which was founded in 1837 in honor of Chief Justice John Marshall; and
Whereas, Marshall University educates nearly fourteen thousand students globally online and at campuses and centers 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 is building the spectacular $56 million Arthur Weisberg Family Applied Engineering Complex, which will open in Spring, 2015; and
Whereas, Marshall University is cultivating the arts and urban renewal with the opening of its downtown Huntington Visual Arts Center in August, 2014; and
Whereas, With every dollar the state invests in Marshall University, the university generates $20 for the West Virginia economy, resulting in an economic impact of $1.5 billion per year; and
Whereas, The Robert C. Byrd Institute for Advanced Flexible Manufacturing serves all fifty-five state counties providing expertise to manufacturers across West Virginia; and
Whereas, The Nick J. Rahall, II, Appalachian Transportation Institute of Marshall University sets national standards in transportation research; and
Whereas, Marshall University’s health sciences programs train West Virginians to serve as doctors, nurses, therapists and health professionals each year; and
Whereas, In 2013, Marshall’s football team, under the guidance of Coach Doc Holliday, returned to its glory days with ten victories, a Conference USA East Division Conference Championship and a 31-20 win over Maryland in the Military Bowl in Washington, D. C.; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 12, 2014, as Marshall University Day; 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 Stephen J. Kopp, President of Marshall University.
At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Plymale, and by unanimous consent, the remarks by Senator M. Hall regarding the adoption of Senate Resolution No. 26 were ordered printed in the Appendix to the Journal.
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 Fitzsimmons, Beach, Cann, Chafin, Cookman, Edgell, Facemire, Kirkendoll, Williams, Yost, Snyder and Green offered the following resolution:
Senate Resolution No. 27--Amending the Rules of the Senate, relating to witnesses before committees.
Resolved by the Senate:
That the Rules of the Senate be amended by adding thereto a new rule as follows:
Witnesses Before Committees
28A. Every committee of the Senate may upon its own motion administer oaths to any witness appearing before the committee at any hearing or during the deliberations of any committee. If any witness to whom an oath has been administered refuses to answer a question put to the witness by any member of the committee, the committee may report the refusal to the Senate and upon motion duly made by any member of the Senate, the Senate may cause to be issued a subpoena to compel the witness to appear before the committee to give testimony. Upon appearance pursuant to subpoena the witness may be questioned by the chair and any member of the committee. The Clerk of the Senate, the chair of the committee and, in the absence of the chair, any member of the committee may administer the oath to the witness and may require that the oath be subscribed to by the witness.
Which, under the rules, was referred to the Committee on Rules.
At the request of Senator Chafin, unanimous consent being granted, Senator Chafin offered the following resolution from the floor:
Senate Resolution No. 28--Honoring Senator Jack Yost for his many and outstanding community achievements and dedicated public service.
Whereas, Harold Jackson Yost, Jr., was born October 12, 1945, in Steubenville, Ohio, the son of Maxine R. and the late H. Jack Yost; and
Whereas, Jack Yost attended Hundred High School in Hundred, West Virginia, and West Liberty College (now West Liberty University) in West Liberty, West Virginia; and
Whereas, Jack Yost was a tool and die maker for Weirton Steel Company, served in the U. S. Army Reserve from 1965 to 1971 and later served as a Court Appointed Special Advocate (CASA); and
Whereas, Jack Yost is married to Kris Littell Yost and they are the proud parents of Jay, Alicia and Ryan, and grandparents of Brittany, Nicholas and Sophia; and
Whereas, Jack Yost was elected to the West Virginia Legislature as a member of the House of Delegates in 2003 and served in that body until 2008, becoming Assistant Majority Whip. He was elected to the West Virginia Senate in 2008 and 2012 and continues to serve as the Senator from the First District; and
Whereas, His ties to his community have led to many civic affiliations, including the Moose Lodge No. 1564, Elks Lodge No. 1553, American Legion Post No. 34, Wellsburg Kiwanis Club, AF&AM Bethany Lodge No. 69, AAONMS Osiris Shrine Temple-Past Potentate, past President of Mid-Atlantic Shrine Association, past Imperial Shrine Membership Regional Chair, Northern Panhandle Shrine Club, MSR member in Wheeling since 1975, Knight Commander of the Court of Honour, 33rd Degree Inspector General Honorary, now one of thirty-three members of the Scottish Rite Supreme Council governing all but fifteen of the United States Scottish Rite Orients, Royal Arch Masons, Wheeling Union Chapter #1, Wheeling York Rite Commandery #1, Tall Cedars of Lebanon, Royal Order of Jesters, Red Cross of Constantine and Allied Masonic Degrees; and
Whereas, It is only fitting that we honor the Honorable Jack Yost for his many years of community involvement and service to Wellsburg, Brooke County, the northern panhandle, the State of West Virginia and the United States of America; therefore, be it
Resolved by the Senate:
That the Senate hereby honors Senator Jack Yost for his many and outstanding community achievements and dedicated public service; and, be it
Further Resolved, That the Senate expresses its sincere gratitude to the Honorable Jack Yost for his contributions to the State Senate and the State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Senator Jack Yost.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Unger, and by unanimous consent, the remarks by Senator Chafin regarding the adoption of Senate Resolution No. 28 were ordered printed in the Appendix to the Journal.
On motion of Senator Unger, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 133, Authorizing DEP 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: 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)--33.
The nays were: None.
Absent: Barnes--1.
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. 133) passed.
On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 133--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 Environmental Protection; 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 as amended by the Legislature; 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 Department of Environmental Protection to promulgate a legislative rule relating to horizontal well development; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from the combustion of solid waste; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources which cause or contribute to nonattainment areas; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to state certification of activities requiring federal licenses and permits; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: 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)--33.
The nays were: None.
Absent: Barnes--1.
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. 133) 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. 458, Dedicating certain circuit court fees to fund low-income persons' civil legal services.
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: 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)--33.
The nays were: None.
Absent: Barnes--1.
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. 458) passed with its title.
Senator Unger moved that the bill take effect July 1, 2014.
On this question, the yeas were: 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)--33.
The nays were: None.
Absent: Barnes--1.
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. 458) 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. Senate Bill No. 483, Renaming administrative heads of Potomac campus of WVU and WVU Institute of Technology.
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: 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)--33.
The nays were: None.
Absent: Barnes--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. 483) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: 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)--33.
The nays were: None.
Absent: Barnes--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. 483) 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 tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 307, Authorizing community corrections programs to operate pretrial release program.
Senate Bill No. 327, Updating terms in Corporation Net Income Tax Act.
Com. Sub. for Com. Sub. for Senate Bill No. 356, Relating to purchasing reforms.
Senate Bill No. 443, Relating to SPRS.
Senate Bill No. 444, Relating to PERS.
Senate Bill No. 452, Relating to TRS annuity calculation of member with reciprocal service credit.
And,
Senate Bill No. 453, Relating to TRS.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the thirteenth order of business.
At the request of Senator Plymale, the name of Senator Plymale was removed as a sponsor of Senate Bill No. 455 (Creating Move to Improve Act).
On motion of Senator Unger, a leave of absence for the day was granted Senator Barnes.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, February 13, 2014, at 11 a.m.
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