WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2014
THIRTY-SEVENTH DAY
____________
Charleston, W. Va., Thursday, February 13, 2014
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by Bishop Joe Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, February 12, 2014,
On motion of Senator Plymale, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Clerk presented a communication from the Development Office, submitting its annual report of the Governor’s Guaranteed Work Force Program as required by chapter five-b, article two-d, section six of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4208--A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended, and to amend and reenact §60A-2-204, §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212 of said code, all relating to the lists of scheduled controlled drugs and synthetic drugs; amending the list of controlled drugs; expanding the list of synthetic drugs to include additional formulations; and removing the reference to the board of pharmacy’s authority from the definition of “immediate derivatives” and “immediate precursors”.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4283--A Bill to amend and reenact §21-5C-1, §21-5C-2 and §21-5C-4 of the Code of West Virginia, 1931, as amended, all relating to minimum wage; providing definition for employer; establishing minimum wage amounts; establishing credit amount to employers for employees customarily receiving gratuities and certain other benefits.
Referred to the Committee on Finance.
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. 4414--A Bill to amend and reenact §3-8-12 of the Code of West Virginia, 1931, as amended, relating to the solicitation of public employees of the state or its political subdivisions by a candidate for an elective office; clarifying that the solicitation of public employees, in their work place, for contributions, services or other things of value by electronic communications is prohibited; clarifying that solicitations of public employees for contributions, services or other thing of value for a candidate, party or political purpose is prohibited; creating a specific exception for the solicitation of votes outside the workplace; and removing postmasters and federal officers and employees from those persons who may not be solicited.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4421--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-30, relating to payment of lottery prizes; and permitting additional forms of payments consistent with current banking practices.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 87--Requesting the Division of Highways to name bridge number 39-7-26.83 (39A194), commonly known as the Corinth Railroad Overpass, located 0.19 miles west of County Route 98 on Route 7 in Corinth, Preston County, the “Army Sgt. Everett Wayne ‘Bud’ Sell Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
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 bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 341), Making supplementary appropriation from State Excess Lottery Revenue Fund to Division of Human Services.
Respectfully submitted,
Donald H. Cookman,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
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. 6 (originating in the Committee on the Health and Human Resources), Regulating sale of drug products used in manufacture of methamphetamine.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 6 (originating in the Committee on the Judiciary)--A Bill to repeal §60A-10-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-2-210 and §60A-2-212 of said code; and to amend and reenact §60A-10-2, §60A-10-3, §60A-10-4, §60A-10-5 and §60A-10-7 of said code, all relating to the Methamphetamine Lab Eradication Act and the prevention of the production of methamphetamine; requiring certain drug products containing ephedrine, pseudoephedrine or phenylpropanolamine be obtained by prescription only; moving said drug products from Schedule V to Schedule IV; distinguishing between schedule classifications; providing an exception for drug products that are extraction or conversion resistant; making legislative findings; defining terms; prohibiting pharmacies from selling certain drugs that can be used in the production of methamphetamine without a prescription; creating a criminal offense for enlisting others to obtain methamphetamine precursors for purpose of making methamphetamine and establishing penalties therefor; permitting the sale of certain drugs without a prescription where the Board of Pharmacy determines that the drugs are not feasible for being used for the manufacture of methamphetamine; reducing the maximum amounts persons are permitted to purchase of certain drugs that cannot feasibly be converted into methamphetamine; limiting authority of the Board of Pharmacy as to storage, recordkeeping and security requirements for wholesalers; adjusting the requirements of the Multi-State Real-Time Tracking System; removing certain outdated language; and providing rule-making authority to the Board of Pharmacy to implement emergency and legislative rules, which will provide procedures as to which products may be sold over the counter and which require a prescription and other modifications necessary to implement the Methamphetamine Lab Eradication Act.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 15 (originating in the Committee on Health and Human Resources), Allowing billing for HIV or STD testing by public health agencies.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 15 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §16-3C-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-4-19 of said code, all relating generally to testing for HIV and sexually transmitted diseases; removing certain limitations on billing patients for HIV and sexually transmitted disease testing or sexually transmitted disease treatment done by state or local public health agencies; and clarifying the procedures relating to performing HIV or sexually transmitted disease tests on persons charged with sexual offenses.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Williams, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 96, Creating Creative Communities Development Act.
And,
Senate Bill No. 375, Excluding certain personal property from TIF assessment.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Bob Williams,
Chair.
The bills, under the original double committee references, were then referred to the Committee on Finance.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 100, Authorizing operation of low-speed vehicles on certain municipal roads.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 155, Authorizing DHHR promulgate legislative rule relating to child care centers' licensing.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 155 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Health and Human Resources; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medication administration by unlicensed personnel; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to child care centers’ licensing; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to clinical laboratory technician and technologist licensure and certification; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to AIDS-related medical testing and confidentiality; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the Cancer Registry; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the Medical Examiner's rule for postmortem inquiries; authorizing the Health Care Authority to promulgate a legislative rule relating to the West Virginia Health Information Network; authorizing the Bureau for Child Support Enforcement to promulgate a legislative rule relating to the bureau; repealing the Bureau for Child Support Enforcement’s legislative rule relating to obtaining support from federal and state tax refunds; repealing the Bureau for Child Support Enforcement’s legislative rule relating to interstate income withholding; authorizing the Bureau for Child Support Enforcement to promulgate a legislative rule relating to support enforcement activities undertaken by the bureau; and authorizing the Bureau for Child Support Enforcement to promulgate a legislative rule relating to the distribution of support payments.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 298, Allowing certain persons possess firearm without having hunting license.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 298 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §20-2-37 of the Code of West Virginia, 1931, as amended, relating to hunting and fishing generally; clarifying when officer can request information and inspection from a person appearing to be hunting, fishing, trapping or taking wildlife; and stating that mere possession of a firearm is not indicative of hunting.
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,
William R. Laird IV,
Chair.
The bill (Com. Sub. for S. B. No. 298), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 317, Requesting uniform regulation of firearms, ammunition and accessories.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 317 (originating in the Committee on Government Organization)--A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-12-5a of said code, all relating to municipal firearm laws; repealing firearm provisions in the Municipal Home Rule Pilot Program; prohibiting ordinances from being enacted under the Municipal Home Rule Pilot Program that restrict the sale or carry of a firearm; and repealing the grandfather clause excepting certain municipal ordinances limiting the purchase, possession, transfer, ownership, carrying, transporting, selling or storing of guns or ammunition from the general provision prohibiting such ordinances.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
The bill (Com. Sub. for S. B. No. 317), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 331, Requiring certain accelerated payment of consumers sales and service and use tax and employee withholding taxes.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 416, Relating to tentative appraisals of natural resources property.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 485, Exempting DOH from certain permitting requirements of Natural Stream Preservation 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,
William R. Laird IV,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 499, Making Prudent Investor Act primary standard of care for Investment Management Board.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 499 (originating in the Committee on Government Organization)--A Bill to repeal §12-6-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §12-6-2 and §12-6-11 of said code, all relating to investment of moneys by the West Virginia Investment Management Board; modifying the definition of the term “securities”; imposing the prudent investor standard of care set forth in the West Virginia Uniform Prudent Investor Act as the primary standard of care for the trustees of the West Virginia Investment Management Board; removing certain restrictions on investments by the Investment Management Board; and restating certain restrictions on investments by the West Virginia Investment Management Board.
And,
Senate Bill No. 504, Authorizing Auditor establish Debt Resolution Services Division.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 504 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §14-1A-1, §14-1A-2, §14-1A-3, §14-1A-4, §14-1A-5, §14-1A-6 and §14-1A-7, all relating to creating the Debt Resolution Services Division within the Auditor’s Office; establishing the powers and duties of the division; providing rule-making authority to the Auditor; authorizing transaction fees; requiring state spending units to use the division; exceptions; creating the Debt Resolution Services Fund; and authorizing expenditures from the fund.
With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
The bills (Com. Sub. for S. B. Nos. 499 and 504), under the original double committee references, were then referred to the Committee on Finance.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 507, Relating to Board of Barbers and Cosmetologists.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Williams, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Concurrent Resolution No. 20, Recognizing value and importance of state's innovation industry.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Bob Williams,
Chair.
At the request of Senator Williams, unanimous consent being granted, the resolution (S. C. R. No. 20) contained in the preceding report from the Committee on Economic Development 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 Palumbo, Wells, D. Hall, Green, Stollings, Walters and McCabe:
Senate Bill No. 560--A Bill to amend and reenact §18B-18A-1, §18B-18A-2, §18B-18A-3, §18B-18A-8, §18B-18A-9 and §18B-18A-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18B-18A-3a, all relating to providing for the allocation of matching funds from future moneys deposited into the West Virginia Research Trust Fund generally; expanding the eligible recipients of matching funds to include West Virginia State University in certain instances; modifying criteria for eligibility to receive certain matching funds; delineating funds attributed to moneys before January 1, 2014, and those after that date; and requiring a new legislative rule.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Beach:
Senate Bill No. 561--A Bill to amend and reenact §17A-6-2a of the Code of West Virginia, 1931, as amended, relating to the Dealer Recovery Fund; and the operation of the Dealer Recovery Board.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Chafin and Yost:
Senate Bill No. 562--A Bill to amend and reenact §18-2-26 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-5-1a and §18-5-4 of said code, all relating to the State Board of Education; multicounty regional education service agencies; county boards of education and training requirements; compensation for attendance of various meetings and training sessions; and reporting requirements to the Legislative Oversight Commission on Education Accountability.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Chafin, Plymale, Fitzsimmons, Yost, D. Hall, Nohe, McCabe and Jenkins:
Senate Bill No. 563--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-3-14a, relating to authorizing the issuance of special "Autism Awareness" registration plates.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Jenkins, Barnes, Blair, Boley, Carmichael, Cole, M. Hall, Miller, Sypolt, Walters and Nohe:
Senate Bill No. 564--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-12D-1, §33-12D-2, §33-12D-3, §33-12D-4, §33-12D-5, §33-12D-6, §33-12D-7 and §33-12D-8, all relating to the registration of health insurance exchange navigators and nonnavigator assisters operating pursuant to the Patient Protection and Affordable Care Act; providing protection against consumer identity theft by health insurance exchange navigators and nonnavigator assistants; setting forth purpose; requiring applications and registrations; setting forth application requirements and registration qualifications; permitting a fee; setting forth who is prohibited from applying; setting forth disqualification periods; establishing a registered navigator and nonnavigator assister list; providing for a notice of change of registrant information; setting forth prohibited conduct; permitting registrations to be denied, revoked or suspended; permitting hearings; establishing fines and penalties; defining terms; and providing rule-making authority.
Referred to the Committee on Banking and Insurance; then to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Plymale, Tucker and Barnes:
Senate Bill No. 565--A Bill to amend and reenact §22-16-11 and §22-16-12 of the Code of West Virginia, 1931, as amended, all relating to ensuring that moneys from the Solid Waste Authority Closure Cost Assistance Fund are available to facilitate the closure of the Elkins-Randolph County Landfill, the Webster County Landfill and the Prichard Landfill once obtained by Wayne County.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Barnes, Beach, Laird, Snyder, Tucker, Walters, Nohe and Sypolt:
Senate Bill No. 566--A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §21A-6-18, all relating to domestic violence victims' eligibility for unemployment compensation benefits; removing disqualification for certain victims of domestic violence, sexual offenses or stalking; and requiring training of WorkForce West Virginia employees in the nature and dynamics of domestic violence to aid employees who interact with claimants.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Cookman:
Senate Bill No. 567--A Bill to amend and reenact §4-10-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §5F-1-2 of said code; to amend and reenact §5F-2-1 of said code; to amend and reenact §6-7-2a of said code; and to amend said code by adding thereto a new chapter, designated §25A-1-1, all relating to redesignating the Division of Corrections as the Department of Corrections within the executive branch; establishing the time period for review of the Department of Corrections by the Joint Standing Committee on Government Organization and the Joint Committee on Government Operations; providing that the department be supervised by a secretary-level administrator; establishing the salary of the secretary; providing an effective date for redesignation; making other changes to the code to comport with the amendment; and providing technical and clerical clean up.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Fitzsimmons, Unger, Yost and Kessler (Mr. President):
Senate Bill No. 568--A Bill to amend and reenact §38-2-21 and §38-2-34 of the Code of West Virginia, 1931, as amended, all relating to affirmative defenses against certain liens involving residential construction projects.
Referred to the Committee on the Judiciary.
By Senators Fitzsimmons, Cookman, Wells, Miller and Walters:
Senate Bill No. 569--A Bill to amend and reenact §19-4-6 of the Code of West Virginia, 1931, as amended, relating to eliminating the requirement for notarization of the articles of incorporation for cooperative associations.
Referred to the Committee on the Judiciary.
By Senators Edgell, Fitzsimmons, Cookman, Wells, Miller and Walters:
Senate Bill No. 570--A Bill to amend and reenact §31B-10-1003 of the Code of West Virginia, 1931, as amended; to amend and reenact §31D-15-1501 of said code; to amend and reenact §31E-14-1401 of said code; to amend said code by adding thereto a new section, designated §47-9-64; and to amend said code by adding thereto a new section, designated §47B-10-6, all relating to consistency regarding exemptions for businesses; and standardization of limited liability companies, limited partnership and limited liability partnership in accordance to existing corporate exemptions.
Referred to the Committee on the Judiciary.
By Senators Stollings and Snyder:
Senate Bill No. 571--A Bill to amend and reenact §19-23-10 of the Code of West Virginia, 1931, as amended, relating to distributing money that was set aside from the West Virginia Greyhound Breeder Development Fund for two dog training track facilities to West Virginia residents who had earnings from the West Virginia Greyhound Breeder Development Fund during the period of 1996 through 2001.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Tucker, Fitzsimmons and Edgell:
Senate Bill No. 572--A Bill to amend and reenact §46-9-515 of the Code of West Virginia, 1931, as amended, relating to financing statements covering as-extracted collateral or timber to be cut.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senators Yost, Edgell, D. Hall, Kirkendoll, Stollings, Tucker, Fitzsimmons and Cookman:
Senate Bill No. 573--A Bill to amend and reenact §18A-2-13 of the Code of West Virginia, 1931, as amended, relating to establishing cook-meal ratios for full-day and half-day cooks in schools.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Tucker, Fitzsimmons and Edgell:
Senate Bill No. 574--A Bill to amend and reenact §11-5-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-3-12b of said code, all relating to cancelling certificates of title for certain mobile and manufactured homes; clarifying that a mobile home permanently attached to the real estate by the owner may not be classified as personal property if the owner has filed a canceled certificate of title with the clerk of the county commission and the clerk has recorded the canceled certificate of title; increasing the fee for title cancellation; designating a portion of the fee to the clerk of the county commission recording the cancellation; and providing a procedure for returning a canceled title to an owner or lienholder.
Referred to the Committee on the Judiciary.
By Senators Boley, Blair, Cole, Jenkins, Nohe, Sypolt and Walters:
Senate Joint Resolution No. 13--Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article twelve thereof, relating to reforming the West Virginia Board of Education so that its membership is made up of elected and appointed members; 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 Beach, Unger, Kessler (Mr. President), Stollings and Plymale offered the following resolution:
Senate Concurrent Resolution No. 32--Requesting the Division of Highways name bridge number 7-5-3.52 (07A069), on County Route 5 crossing the Little Kanawha River in Calhoun County, the “U. S. Army Sergeant Robert Odell Orders Memorial Bridge”.
Whereas, Robert Odell Orders was born on March 5, 1926, in Pliny, West Virginia, to W. R. Orders, a bridge builder, and his wife, Beulah; and
Whereas, Robert Odell Orders, after graduating from St. Albans High School in the spring of 1944, joined the U. S. Army only two months after his older brother Kermit died in a P-38 crash in Italy; and
Whereas, Robert Odell Orders served his country in the Pacific Theater during World War II, reached the rank of Sergeant, saw action in the Philippines and sailed into Tokyo Harbor the day after the Japanese surrender; and
Whereas, Robert Odell Orders entered West Virginia University in the fall of 1946 and earned a degree in civil engineering; and
Whereas, Robert Odell Orders, while in Morgantown, met Kathryn Jean Hager of Charleston and married her in 1949; and
Whereas, Upon graduating from West Virginia University, Robert Orders built bridges with his father as half of W. R. Orders and Son; and
Whereas, W. R. Orders and Son’s construction of the Annamoriah Bridge, which replaced a ferry across the Little Kanawha River in 1957, secured financial stability for Robert Orders’ family and enabled them to return home to West Virginia permanently after a year of living in Aurora, Illinois; and
Whereas, Robert Odell Orders founded Orders Construction Company in 1964, shepherding the business through its formative phase and leading its ascent to becoming one of the most respected construction firms in the state; and
Whereas, Orders Construction Company would eventually build hundreds of bridges across West Virginia in the following fifty years, generating nearly $1 billion of construction work; and
Whereas, Orders Construction Company rebuilt the first landmark Annamoriah Bridge in 2012; and
Whereas, Robert Odell Orders was also known as “Bridge Bob” and passed away on July 4, 2013, leaving behind his wife; children Bob Orders, Jr., and wife Ann and Kathy Lane and husband David; grandchildren Nate Orders and wife Melissa, Chris Orders, Meg Laing and husband Malcolm, Andy Lane and Becca Lane and husband Scott; and numerous great grandchildren; and
Whereas, It is fitting to honor Robert Odell Orders, a respected member of the bridge-building industry, past President of the Contractors Association of West Virginia, a National Director of the Associated General Contractors (AGC) of America, a member of many organizations’ boards and a charter member of the West Virginia University Academy of Civil Engineers for Distinguished Alumni, for his prolific contribution to West Virginia’s transportation infrastructure; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 7-5-3.52 (07A069), on County Route 5 crossing the Little Kanawha River in Calhoun County, the “U. S. Army Sergeant Robert Odell Orders Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army Sergeant Robert Odell Orders 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 the family of Robert Odell Orders.
Which, under the rules, lies over one day.
Senators Chafin, Stollings, Cole, Plymale and Jenkins offered the following resolution:
Senate Concurrent Resolution No. 33--Requesting the Division of Highways to name County Route 15 in Mercer County, between mileposts 0.00 and 5.1 from Bramwell, West Virginia, to Montcalm, West Virginia, the “River Road Music Heritage Trail”.
Whereas, The Bluestone River, originating with a trickle out of a spring at East River Mountain, flows its course to the mighty Bluestone Dam in Summers County, West Virginia; and
Whereas, Rock cliffs, small waterfalls, springs and gorges all make up the beauty of the Bluestone River's seventy-seven miles; and
Whereas, The Bluestone River grows wider and deeper as it collects these mountain streams and creeks; and
Whereas, The Bluestone River collects Simmons Creek at Bramwell and Lorton Lick at Montcalm, the beginning of the River Road; and
Whereas, River Road flows along the Bluestone River and the original Norfolk & Western Railroad line; and
Whereas, The Bluestone River is a geographic divider of coal to its northwest. It was this rich seam of Pocahontas coal that created a coal boom in the 1880s. It was the new industry of coal mining that brought families to southern West Virginia for jobs in mining, railroading and related industries; and
Whereas, These pioneer families brought not only hard-working ethics but also their talents and gifts; and
Whereas, From Simmons Creek to Lorton Lick six families gave the world the enduring gift of their musical heritage; and
Whereas, Working hard for a living from sunrise, relaxation was spent on front porches at dusk, listening to the lonesome whistle of coal and passenger trains chugging up the river, and playing music and singing songs handed down to younger generations. Neighbors up and down the River Road were serenaded at twilight by these families; and
Whereas, The Goins brothers, the Dillon family, the Kirby family, the Duncan family and West Virginia's own Hazel Dickens are well known for their contributions to bluegrass, gospel, traditional mountain music and even rock and roll; and
Whereas, These families made unquantifiable contributions to music during almost a century in the early days of coal; and
Whereas, As Lorton Lick empties into the Bluestone River, the community of Montcalm sprang up, where Hazel Dickens grew up on a mountainside there, overlooking the river; and
Whereas, Hazel Dickens spent a lifetime making others feel good with her songs; and
Whereas, Hazel Dickens' final resting place is in Mercer County; and
Whereas, It is fitting and proper that in this, the 151st year of the State of West Virginia and the 126th year of Bramwell, West Virginia, that the Legislature of West Virginia recognizes the legendary families of bluegrass, gospel and traditional mountain music who were born and grew up along the Bluestone River with the gift of music in their hearts and a desire to share that gift with the world; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name County Route 15 in Mercer County, between mileposts 0.00 and 5.1 from Bramwell, West Virginia, to Montcalm, West Virginia, the “River Road Music Heritage Trail”; and, be it
Further Resolved, That the Division of Highways is hereby requested to name each one-mile stretch of the “River Road Music Heritage Trail” as “The Goins Brothers Mile of the River Road Music Heritage Trail”, “The Dillon Family Mile of the River Road Music Heritage Trail”, “The Kirby Family Mile of the River Road Music Heritage Trail”, “The Raines Family Mile of the River Road Music Heritage Trail” and “The Hazel Dickens Mile of the River Road Music Heritage Trail”, respectively, with “The Hazel Dickens Mile of the River Road Music Heritage Trail” concluding in Montcalm, West Virginia; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the “River Road Music Heritage Trail”, “The Goins Brothers Mile of the River Road Music Heritage Trail”, “The Dillon Family Mile of the River Road Music Heritage Trail”, “The Kirby Family Mile of the River Road Music Heritage Trail”, “The Raines Family Mile of the River Road Music Heritage Trail” and “The Hazel Dickens Mile of the River Road Music Heritage Trail”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the Mayor of Bramwell, West Virginia.
Which, under the rules, lies over one day.
Senators Edgell, Unger, Kessler (Mr. President), Stollings and Plymale offered the following resolution:
Senate Concurrent Resolution No. 34--Requesting the Division of Highways to name the bridge north of Middlebourne, on Route 18 near the turnoff to Sellers Road in Tyler County, the “Staff Sgt. Jesse A. Ault Memorial Bridge”.
Whereas, Staff Sgt. Jesse A. Ault was born in Wheeling, West Virginia, and spent ten years of his life residing in Middlebourne, West Virginia; and
Whereas, Staff Sgt. Jesse A. Ault attended and graduated from Tyler Consolidated High School in 1998 where he played football and baseball; and
Whereas, Staff Sgt. Jesse A. Ault re-enlisted in the National Guard and took his wife’s place when she was recalled to active duty so she could stay stateside and care for their children; and
Whereas, Staff Sgt. Jesse A. Ault left his small community to serve and protect the citizens of this great land and the Constitution of this great nation; and
Whereas, Staff Sgt. Jesse A. Ault was dedicated to his school, friends and community where he spent an important stint during his life; and
Whereas, Sadly, Staff Sgt. Jesse A. Ault gave his life forever and always on April 9, 2008, serving his country during Operation Iraqi Freedom; and
Whereas, Staff Sgt. Jesse A. Ault’s memory leaves a proud smile on the faces of the citizens of Tyler County, recounting his grand adventure of twenty-eight years as a student, friend, family member, husband, father and warrior soldier; and
Whereas, It is fitting to honor the life of Staff Sgt. Jesse A. Ault by naming this bridge in his memory as an everlasting tribute to his service and sacrifice to his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge north of Middlebourne, on Route 18 near the turnoff to Sellers Road in Tyler County, the “Staff Sgt. Jesse A. Ault 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 “Staff Sgt. Jesse A. Ault 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.
Senators Stollings, Laird, Plymale, Kessler (Mr. President), Unger, Snyder, Yost and Jenkins offered the following resolution:
Senate Resolution No. 29--Recognizing the dedicated service of West Virginia’s family physicians to the Legislature on the 25th anniversary of the Doc for a Day Program.
Whereas, In 1989, the West Virginia Academy of Family Physicians began a free medical service program to the West Virginia Legislature during its regular session, known as the Doc for a Day Program; and
Whereas, The Doc for a Day Program is provided at the State Capitol Building by volunteer family physicians from around the state during each day of the legislative session to legislators, staff, government officials and the general public visiting the Capitol Complex; and
Whereas, The Doc for a Day Program is also an educational training and health service forum for medical residents and faculty from the Charleston Division of the West Virginia Medical School and the Marshall University School of Medicine; and
Whereas, The Doc for a Day Program is greatly enhanced in its delivery of medical and emergency services by Capitol Complex Nurse Holly Smith and through strong support by the West Virginia Division of Protective Services; and
Whereas, In addition to providing medical care for cuts, bruises, coughs, colds and flu, the Doc for a Day Program has also provided medical treatment for serious life-threatening injuries and illnesses, including: hypertension, heart attacks, respiratory arrest, aneurysms, strokes, broken bones, head trauma, appendicitis, pneumonia, kidney stones and major lacerations; and
Whereas, Over forty-five thousand patients have received high- quality medical care without charge from the Doc for a Day Program and the knowledge and expertise in family medicine by these physicians and the willingness to share their volunteer medical service has been and continues to be greatly appreciated; and
Whereas, The Doc for a Day Program has served as a model for free medical care programs by many other state legislatures across this nation and has been highly recognized by the American Academy of Family Physicians; and
Whereas, The Second Regular Session of the 81st Legislature marks the 25th anniversary of the Doc for a Day Program; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the dedicated service of West Virginia’s family physicians to the Legislature on the 25th anniversary of the Doc for a Day Program; and, be it
Further Resolved, That the Senate hereby extends its sincere appreciation to the West Virginia Academy of Family Physicians for its outstanding free medical program to the West Virginia Legislature on the 25th anniversary of the Doc for a Day Program; and, be it
Further Resolved, That the Senate commends all of the volunteer family physicians who have taken time from hectic medical schedules to participate in the Doc for a Day Program by providing free medical service and expertise to the Legislature; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Academy of Family Physicians, to Capitol Complex Nurse Holly Smith and to the West Virginia Division of Protective Services.
At the request of Senator Stollings, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
Senate Concurrent Resolution No. 30, Requesting DOH name bridge crossing Middle Fork River "Army Sergeant John A. Charnoplosky 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. 31, Recognizing National Radio Astronomy Observatory's Center for STEM Education.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Education.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 307, Authorizing community corrections programs to operate pretrial release program.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 327, Updating terms in Corporation Net Income Tax Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 356, Relating to purchasing reforms.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 443, Relating to SPRS.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 444, Relating to PERS.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 452, Relating to TRS annuity calculation of member with reciprocal service credit.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 453, Relating to TRS.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Senate Bill No. 88, Relating to claims for total loss and debris removal proceeds under farmers' mutual fire insurance companies.
Com. Sub. for Senate Bill No. 322, Providing state compensate officials, officers and employees every two weeks.
Com. Sub. for Senate Bill No. 384, Prohibiting certain insurers require policyholders use mail-order pharmacy.
Senate Bill No. 402, Permitting recovery of service charge and fees charged to Tax Commissioner by financial institutions.
Com. Sub. for Com. Sub. for Senate Bill No. 420, Relating to data sharing in P-20W Longitudinal Data System.
Com. Sub. for Senate Bill No. 422, Expanding state aid for students of certain health professions.
And,
Com. Sub. for Senate Bill No. 434, Eliminating revocation period for certain DUI offenders.
The Senate proceeded to the eleventh order of business and the introduction of guests.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, February 14, 2014, at 11 a.m.
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