WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2014
FIFTY-SIXTH DAY
____________
Charleston, W. Va., Tuesday, March 4, 2014
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by the Reverend D. D. Meighin, Retired United Methodist Clergy, Fairmont, West Virginia.
Pending the reading of the Journal of Monday, March 3, 2014,
On motion of Senator Williams, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 58, Relating to basis for voidable marriages and annulments.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page three, section one hundred three, lines twenty and twenty-one, by striking out the words “in excess of one year” and inserting in lieu thereof the words “for one year or more”;
On page five, section one hundred five, after line sixteen, by inserting a new subdivision, designated subdivision (d), to read as follows:
“(d) Where the cause is the nonage of either of the parties, by the party who was capable of consenting, nor by the party not so capable if he or she has by acts or conduct confirmed the marriage after arriving at the age of consent;”;
And by relettering the remaining subdivisions;
On page five, section one hundred five, line twenty-six, by striking out the words “in excess of one year” and inserting in lieu thereof the words “for one year or more”;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 58--A Bill to amend and reenact §48-3-103 and §48-3-105 of the Code of West Virginia, 1931, as amended, all relating to domestic relations law generally; clarifying that conviction of an offense punishable by incarceration for one year or more prior to the marriage and without the knowledge of the other party constitutes a basis for voiding a marriage; clarifying that a party to a marriage who was unaware at the time of the marriage that his or her spouse had previously been convicted of an offense punishable by incarceration for one year or more may not institute an annulment action if he or she cohabited with that spouse after becoming aware of the conviction; clarifying grounds for voiding marriages; and modifying and removing certain language related to voiding of marriages.
On motion of Senator Unger, the following amendments to the House of Delegates amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page three, section one hundred three, lines twenty and twenty-one, by striking out the words “for one year or more” and inserting in lieu thereof the words “in excess of one year”;
And,
On page five, section one hundred three, line twenty-six, by striking out the words “for one year or more” and inserting in lieu thereof the words “in excess of one year”.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments, as amended.
Engrossed Committee Substitute for Senate Bill No. 58, as amended, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, 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: Chafin--1.
So, a majority 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. 58) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 460, Permitting School of Osteopathic Medicine invest certain moneys in its foundation.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 1. STATE DEPOSITORIES.
§12-1-12d. Investments by Marshall University, West Virginia University and West Virginia School of Osteopathic
Medicine.
(a) Notwithstanding any provision of this article to the contrary, the governing boards of Marshall University, and West Virginia University and West Virginia School of Osteopathic Medicine each may invest certain funds with its respective nonprofit foundation that has been established to receive contributions exclusively for that university and which exists on January 1, 2005. The investment is subject to the limitations of this section.
(b) A governing board, through its chief financial officer, may enter into agreements, approved as to form by the State Treasurer, for the investment by its foundation of certain funds subject to their administration. Any interest or earnings on the moneys invested is retained by the investing university.
(c) Moneys of a university that may be invested with its foundation pursuant to this section are those subject to the administrative control of the university that are collected under an act of the Legislature for specific purposes and do not include any funds made available to the university from the State General Revenue Fund or the funds established in section eighteen or eighteen-a, article twenty-two, chapter twenty-nine of this code. Moneys permitted to be invested under this section may be aggregated in an investment fund for investment purposes.
(d) Of the moneys authorized for investment by this section, Marshall University, West Virginia School of Osteopathic Medicine and West Virginia University each, respectively, may have invested with its foundation at any time not more than the greater of:
(1) $18 Sixty million dollars for Marshall University, $25 million for West Virginia School of Osteopathic Medicine and $25 $70 million for West Virginia University; or
(2) Sixty-five percent of its unrestricted net assets as presented in the statement of net assets for the fiscal year end audited financial reports.
(3) Notwithstanding subdivisions (1) and (2) subdivision (1) of this subsection, with the approval of the Higher Education Policy Commission, Marshall University may increase the amount invested to $60 million and West Virginia University may increase the amount invested to $70 million.
(e) Investments by foundations that are authorized under this section shall be made in accordance with and subject to the provisions of the Uniform Prudent Investor Act codified as article six-c, chapter forty-four of this code. As part of its fiduciary responsibilities, each governing board shall establish investment policies in accordance with the Uniform Prudent Investor Act for those moneys invested with its foundation. The governing board shall review, establish and modify, if necessary, the investment objectives as incorporated in its investment policies so as to provide for the financial security of the moneys invested with its foundation. The governing boards shall give consideration to the following:
(1) Preservation of capital;
(2) Diversification;
(3) Risk tolerance;
(4) Rate of return;
(5) Stability;
(6) Turnover;
(7) Liquidity; and
(8) Reasonable cost of fees.
(f) A governing board shall report annually by December 31 to the Governor and to the Joint Committee on Government and Finance on the performance of investments managed by its foundation pursuant to this section.
(g) The amendments to this section in the second extraordinary session of the Legislature in 2010 apply retroactively so that the authority granted by this section shall be construed as if that authority did not expire on July 1, 2010.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 460, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 460) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, adoption as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Senate Concurrent Resolution No. 22, Requesting DOH name I-81 overpass "Deputy John L. Burkett III Memorial Overpass.
On motion of Senator Unger, the message on the resolution was taken up for immediate consideration.
The following House of Delegates amendments to the resolution were reported by the Clerk:
On page one, in the sixth Whereas clause, by striking out the word “overpass” and inserting in lieu thereof the words “section of highway”;
On page two, in the Resolved clause, by striking out the words “I-81 Exit 23 overpass in DOH District 5, the ‘Deputy John L. Burkett III Memorial Overpass’” and inserting in lieu thereof the words “section of WV Route 901, known as Hammonds Mill Road, beginning at U. S. Route 11 and ending at WV Route 9 in Hedgesville, the ‘Deputy John L. Burkett III Memorial Highway’”;
On page two, in the first Further Resolved clause, by striking out the words “bridge as the ‘Deputy John L. Burkett III Memorial Overpass’” and inserting in lieu thereof the words “section of highway as the ‘Deputy John L. Burkett III Memorial Highway’”;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Senate Concurrent Resolution No. 22--Requesting the Division of Highways to name the section of WV Route 901, known as Hammonds Mill Road, beginning at U. S. Route 11 and ending at WV Route 9 in Hedgesville, the "Deputy John L. Burkett III Memorial Highway.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the resolution.
Senate Concurrent Resolution No. 22, as amended by the House of Delegates, was then put upon its adoption.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments, as amended by the House of Delegates, passage as amended, to take effect July 1, 2014, and requested the concurrence of the Senate in the House of Delegates amendment to the Senate amendments, as to
Eng. Com. Sub. for House Bill No. 2165 Relating to death certificates of military veterans.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the Senate amendment to the bill was reported by the Clerk:
On page nine, section ten, subdivision (d), paragraph (4), subparagraph (B), by striking out the words “State Registrar” and inserting in lieu thereof the words “clerk of the county commission”.
On motion of Senator Unger, the Senate concurred in the foregoing House of Delegates amendment to the Senate amendments to the bill.
Engrossed Committee Substitute for House Bill No. 2165, as amended, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2165) passed with its title.
Senator Unger moved that the bill take effect July 1, 2014.
On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2165) takes effect July 1, 2014.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the adoption as amended, with its Senate amended title, of
Com. Sub. for House Concurrent Resolution No. 4, The "Army Corporal Eldred Jennings Hensley Memorial Bridge”.
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
Com. Sub. for House Concurrent Resolution No. 5, The "Sergeant Elzie Mundy, Jr. Bridge”.
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
Com. Sub. for House Concurrent Resolution No. 6, The "Marine Lcpl Benny A. Gilco Bridge”.
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
Com. Sub. for House Concurrent Resolution No. 8, The "Oral Gene Castle Bridge”.
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
Com. Sub. for House Concurrent Resolution No. 9--Requesting that bridge number 45-64-142.92 (45A064,45A065) on Interstate 64 in Summers County, West Virginia, the “U.S. Army S/SGT Raymond Lawrence Berry Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
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
Com. Sub. for House Concurrent Resolution No. 20--Requesting that bridge number 29-11-7.97 (29A014) over Mill Creek on County Route 11 in Mineral County, West Virginia, the “U.S. Army Corporal William Eugene Shank Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
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
Com. Sub. for House Concurrent Resolution No. 32, Joe "Toby" Slade Memorial Bridge”.
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
Com. Sub. for House Concurrent Resolution No. 77--Requesting the Division of Highways to name bridge number 13-64-179.36 (13A165) on Interstate 64 East, also known as the Mountain Avenue Bridge, in White Sulphur Springs, Greenbrier County, the “U.S. Army Private Eskridge A. Waggoner Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
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. 84--Requesting that bridge number 30-3/5-13.59 (30A016) on County Route 3/5 in Mingo County, West Virginia, locally known as the Bailey Branch Pony Truss, the “The Baisden Family Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 6, Requesting Joint Committee on Government and Finance study veterans, active duty and National Guard members' issues.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Erik P. Wells,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
Senator Facemire, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Concurrent Resolution No. 80 (originating in the Committee on Energy, Industry and Mining)--Requesting the Joint Committee on Government and Finance authorize a study of changes in the market for resources and methods for the production of electrical power, to assess whether it is necessary to revise or maintain West Virginia energy portfolio standards and to consider what statutory requirements, if any, are necessary to promote the use of all appropriate resources in order to provide reliable sources of power for all consumers in West Virginia at the best possible price.
Whereas, The United States Congress has enacted the Public Utility Regulatory Policies Act of 1978, Pub. L. No. 95-617, 92 Stat. 3117 (1978), to reduce the nation’s electric utilities’ dependence on foreign fossil fuels by promoting the development and use of alterative sources of energy; and
Whereas, In 2009 the Legislature enacted the Alternative and Renewable Energy Portfolio Act, W. Va. Code §§24-2F-1 to -12, and this act requires that state electric utilities acquire or generate a certain percentage of their electric supply from alternative and renewable energy sources; and
Whereas, A critical objective for both of these legislative initiatives was to promote the development of sustained, and sustainable, local sources of energy; and
Whereas, West Virginia has been graced with abundant natural resources comprising a beneficial diversity of energy sources and the West Virginia Legislature seeks to capitalize on these locally available resources for the benefit of all the citizens and guests of the state; and
Whereas, The market for methods and resources to provide electrical power continues to shift and evolve in response to market forces and emerging technologies; and
Whereas, The West Virginia Renewable Energy Portfolio Act has not been reviewed or amended in recent years; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study of changes in the market for resources and methods for the production of electrical power, to assess whether it is necessary to revise or maintain West Virginia energy portfolio standards and to consider what statutory requirements, if any, are necessary to promote the use of all appropriate resources in order to provide reliable sources of power for all consumers in West Virginia at the best possible price; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Douglas E. Facemire,
Chair.
At the request of Senator Facemire, unanimous consent being granted, the resolution (S. C. R. No. 80) contained in the preceding report from the Committee on Energy, Industry and Mining was taken up for immediate consideration.
On motion of Senator Facemire, the resolution was referred to the Committee on Rules.
Senator Kirkendoll, from the Committee on Interstate Cooperation, submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under consideration
Eng. Com. Sub. for House Bill No. 4012, Relating to the Revised Uniform Law on Notarial Acts.
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 the Judiciary.
Respectfully submitted,
Art Kirkendoll,
Chair.
At the request of Senator Palumbo, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Interstate Cooperation.
At the request of Senator Kirkendoll, and by unanimous consent, the bill (Eng. Com. Sub. for H. B. No. 4012) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Facemire, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Eng. House Bill No. 4346, Establishing separate standards of performance for carbon dioxide emissions.
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 the Judiciary.
Respectfully submitted,
Douglas E. Facemire,
Chair.
At the request of Senator Facemire, unanimous consent being granted, the bill (Eng. H. B. No. 4346) contained in the preceding report from the Committee on Energy, Industry and Mining was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Energy, Industry and Mining pending.
Senator Facemire, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Eng. Com. Sub. for House Bill No. 4449, Including proximity detection systems and cameras used on continuous mining machines and underground haulage equipment for tax credit 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 Finance.
Respectfully submitted,
Douglas E. Facemire,
Chair.
At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Energy, Industry and Mining.
At the request of Senator Facemire, and by unanimous consent, the bill (Eng. Com. Sub. for H. B. No. 4449) was taken up for immediate consideration, read a first time and ordered to second reading.
The Senate proceeded to the sixth order of business.
Senators Laird, Miller, Unger, Stollings, Yost, Wells, McCabe, Snyder, Kessler (Mr. President), Plymale, Green, D. Hall and Jenkins offered the following resolution:
Senate Resolution No. 44--Memorializing the life of the Honorable Robert K. “Bob” Holliday, former member of the West Virginia Senate and House of Delegates and dedicated public servant.
Whereas, Robert K. “Bob” Holliday was born February 11, 1933, in Logan, West Virginia, the son of J. Kelvin and Kathleen Holliday; and
Whereas, Mr. Holliday graduated from Montgomery High School in 1950 where he was honored as the Outstanding Senior Student, graduated from West Virginia University, having received a B. A. from the West Virginia Institute of Technology Journalism and having received a M. A. from Marshall University in Political Science; and
Whereas, Robert K. “Bob” Holliday served in the House of Delegates from 1963 through 1968 and the State Senate from 1969 to 1972 and from 1981 through 1992 and was a respected member of Senate and House committees; and
Whereas, During his tenure in the State Legislature he served as Chairman for the Committee on Labor, Chairman for the Committee on Education, Chairman for the Committee on Interstate Cooperation and Chairman for the Committee on Health and Human Resources; and
Whereas, The Honorable Robert K. “Bob” Holliday received the Pearl S. Buck Award in 1982, the Distinguished Service Award from the West Virginia School of Osteopathic Medicine in 1983, the West Virginia Rehabilitation Structural Barriers Award, an Honorary Doctorate in the Adult Basic Education Program and was selected to the Who’s Who in American Universities and Colleges; and
Whereas, The Honorable Robert K. “Bob” Holliday served as Chairman for the Heart Fund, Region IV Mental Health Planning Committee, President for the Fayette Mental Health Society, Director for the West Virginia Mental Health Association, Board Member of the Plateau Group Homes and Director of the New River Gorge County Development Corporation; and
Whereas, The Honorable Robert K. “Bob” Holliday was a member of many community organizations, including the Midland Trail Improvement Association, Pi Sigma Alpha, the Fayette Needy Association, the Coal Valley Lodge: AF&AM, the 32 Scottish Rite, Shriners, the Fayette Volunteers and the Fayette County Young Democratic Club; and
Whereas, The Honorable Robert K. “Bob” Holliday was the owner and editor of a respected newspaper, a noted author, political scientist and television producer; and
Whereas, The Honorable Robert K. “Bob” Holliday was a loving and devoted husband to Deborah Bragg Holliday and father of seven children, Kelvin Edward, Kathleen Edna, Stephen Kerr, Robert Lawson, Jeffrey Edward, Tracey Ann and Brandon Michael; and
Whereas, In 2010, The Honorable Robert K. “Bob” Holliday was honored for his public service to his community and his state when the Legislature named the section of Rt. 16 from the stop light on Rt. 19 at Fayetteville to Cotton Hill Bridge as the “Robert K. ‘Bob’ Holliday Highway”; and
Whereas, Sadly, The Honorable Robert K. “Bob” Holliday passed away on Friday, February 28, 2014, at the age of eighty-one, bringing an end to a long and dedicated life of public service; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of the Honorable Robert K. “Bob” Holliday, former member of the West Virginia Senate and House of Delegates and dedicated public servant; and, be it
Further Resolved, That the Senate expresses its most sincere condolences to the family of the Honorable Robert K. “Bob” Holliday on the occasion of his passing; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of the Honorable Robert K. “Bob” Holliday.
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 Laird, and by unanimous consent, the remarks by Senator Miller regarding the adoption of Senate Resolution No. 44 were ordered printed in the Appendix to the Journal.
Senators Plymale, Stollings, Yost, Wells, McCabe, Kessler (Mr. President), Unger, D. Hall and Jenkins offered the following resolution:
Senate Resolution No. 45--Recognizing the Paul Wesley Ambrose Health Policy Fellows Program, specifically the current Fellows, Dr. Kimberly R. Becher, Dr. Matthew Q. Christiansen and Dr. Kane A. Maiers.
Whereas, Dr. Paul Ambrose, who received his undergraduate and medical degree from Marshall University, focused on the promotion of health and the prevention of disease in populations by preparing health professionals with leadership skills in public health; and
Whereas, On September 11, 2001, Dr. Paul Ambrose was aboard the plane that crashed into the Pentagon in Washington, D. C., during the terrorist attack. Dr. Ambrose left an inspiring legacy ranging from legislative affairs to work with the Surgeon General; and
Whereas, In memorial of Dr. Paul Ambrose and his advocacy for public health promotion, the Marshall University Family Medicine Residency Program, in cooperation with the Robert C. Byrd Center for Rural Health, established a curricular track for family medicine residents, with both academic and field experiences. The health policy track was founded in 2009 to advance the ideals of service, stewardship and commitment, and honors principles passionately promoted by Dr. Ambrose; and
Whereas, The goals of the Paul Wesley Ambrose Health Policy Program are to encourage interest in health policy, with an emphasis on rural health. The components include modules that explore a variety of pertinent topics such as health economics and work force issues, ethical concerns in health care, health systems and services, health law and regulation and leadership in health care; and
Whereas, The family medicine resident physicians attend legislative and administrative meetings at both the state and federal level, conducting essential research and providing valuable knowledge and insight into health-related issues being considered by the legislative body; and
Whereas, The purpose of the program is to provide bright, motivated new physicians with the experiences and tools they need to become leaders in the area of health policy; and
Whereas, Tracy Hendershot, M. D., served as the initial Health Policy Fellow and now practices at Coplin Medical Center in Elizabeth, WV; and the current fellows, Kimberly R Becher, M. D., and Kane Maiers, M. D., are in their third year of the program while Matthew Q. Christiansen, M. D., is in his first year of the program; and
Whereas, Kimberly R. Becher, M. D., grew up in West Virginia, graduated from Denison University in 2002 and graduated from the Joan C. Edwards School of Medicine in 2011. Dr. Becher serves as the National Congress of Family Medicine Residents Representative to the American Academy of Family Physicians (AAFP). After finishing residency she plans to work at Primary Care Systems, a community health center in Clay, WV; and
Whereas, Kane Maiers, M. D., grew up in Short Gap, WV. He obtained both his undergraduate degree in Biology and his medical degree from West Virginia University. Kane has longstanding interests in health policy and medical education and has obtained a Master’s of Clinical Research degree from the University of Virginia to better prepare him for work in these areas. Dr. Maiers served as a student representative to the Association of American Medical Colleges and has been excited to work with the State Legislature during his training. After residency, he hopes to join a West Virginia practice while continuing to pursue his interest in health policy; and
Whereas, Matthew Q. Christiansen, M. D., was born and grew up in Spencer, WV. After graduating from Denison University in Ohio with a degree in Biology, he worked in Yellowstone National Park and in the Bering Sea, Alaska, as a fisheries biologist. He holds a special interest in health policy and in making the health care system work better for patients. After residency, he hopes to join a rural practice while continuing to pursue his interest in health policy; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the Paul Wesley Ambrose Health Policy Fellows Program, specifically the current fellows, Dr. Kimberly R. Becher, Dr. Matthew Q. Christiansen and Dr. Kane A. Maiers; and, be it
Further Resolved, That the Senate commends Dr. Kimberly R. Becher, Dr. Matthew Q. Christiansen and Dr. Kane A. Maiers for their commitment and passion to West Virginia and their desire to improve the health and well-being of its citizens; and, be it
Further Resolved, That the Senate invites all members of the West Virginia Legislature to recognize the Paul Wesley Ambrose Health Policy Fellow Program for contributing valuable physician resources to the legislative leadership; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Joan C. Edwards School of Medicine at Marshall University, Dr. Kimberly R. Becher, Dr. Matthew Q. Christiansen and Dr. Kane A. Maiers.
Which, under the rules, lies over one day.
Senators Williams, Beach, Prezioso, Sypolt, Stollings, Yost, Wells, McCabe, Snyder, Kessler (Mr. President), Unger, Plymale, Cookman, Green, Fitzsimmons, D. Hall, Jenkins and Laird offered the following resolution:
Senate Resolution No. 46--Designating March 4, 2014, as West Virginia University and West Virginia University Extension Day.
Whereas, In 1914, the Smith-Lever Act in the United States Congress established a unique educational partnership between the United States Department of Agriculture and the nation’s land-grant universities that extends research-based knowledge through a state-by-state network of extension educators; and
Whereas, The Smith-Lever Act has stimulated innovative research and vital educational programs for youths and adults through the Cooperative Extension Service and its progressive information delivery systems that improved lives and shaped a nation; and
Whereas, The West Virginia University Extension Service is the primary outreach arm of West Virginia University, and is the “front porch” of WVU with an office in each of the state’s fifty-five counties, with trusted research delivered by local WVU Extension agent experts in areas of youth development, agriculture, community development and families and health; and
Whereas, The West Virginia University Extension Service has been providing trusted traditions and progressive solutions for the state of West Virginia for the past one hundred years; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 4, 2014, as West Virginia University and West Virginia University Extension Day; and, be it
Further Resolved, That the Senate recognizes the valuable contributions that West Virginia University and the West Virginia University Extension Service provides to the citizens and State of West Virginia; and, be it
Further Resolved, That the Senate joins in celebrating this landmark one hundredth birthday of the Cooperative Extension Service; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the President of West Virginia University, E. Gordon Gee and to Steve Bonanno, Interim Director of the West Virginia University Extension Service.
At the request of Senator Williams, 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 reconvened and proceeded to the seventh order of business.
Senate Concurrent Resolution No. 73, Requesting DOH name bridge in Beckley "Arland W. Hatcher Memorial Bridge".
On unfinished business, coming up in regular session, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Resolution No. 43, Memorializing life and public service of James Howard "Buck" Harless.
On unfinished business, coming up in regular session, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the resolution was laid over one day, retaining its place on the calendar.
House Concurrent Resolution No. 11, The "Pendleton County Union Veterans Memorial Bridge".
On unfinished business, coming up in regular session, was reported by the Clerk.
The following amendment to the resolution, from the Committee on Transportation and Infrastructure, was reported by the Clerk and adopted:
On page one, in the third Whereas clause, by striking out the word “Sates” and inserting in lieu thereof the word “States”.
The question being on the adoption of the resolution (H. C. R. No. 11), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for House Concurrent Resolution No. 38, W. T. Elswick Memorial Bridge.
On unfinished business, coming up in regular session, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page three, in the Resolved clause, before “W. T.” by inserting the words “U. S. Army MSGT”;
On page three, in the first Further Resolved clause, before “W. T.” by inserting the words “U. S. Army MSGT”;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Com. Sub. for House Concurrent Resolution No. 38--Requesting the Division of Highways to name bridge number 20-61-4.63 (20A776), crossing Paint Creek on United States Route 61, in Kanawha County, the “U. S. Army MSGT W. T. (Big Bill) Elswick Memorial Bridge”.
The question being on the adoption of the resolution (Com. Sub. for H. C. R. No. 38), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for House Concurrent Resolution No. 56, Army SSG Jesse Adam Ault Memorial Bridge.
On unfinished business, coming up in regular session, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page two, in the eleventh Whereas clause, before the word “Army” by inserting “U. S.”;
On page two, in the Resolved clause, before the word “Army” by inserting “U. S.”;
On page two, in the first Further Resolved clause, before the word “Army” by inserting “U. S.”;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Com. Sub. for House Concurrent Resolution No. 56--Requesting the Division of Highways to name bridge number 48-18-20.53 (48A087), and known locally as the Jackson Bridge on West Virginia Route 18 north of Middlebourne, Tyler County, as the "U. S. Army SSG Jesse Adam Ault Memorial Bridge."
The question being on the adoption of the resolution (Com. Sub. for H. C. R. No. 56), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for House Bill No. 4003, Granting dual jurisdiction to counties where a student who lives in one county and attends school in another in order to enforce truancy policies.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4003) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4151, Relating to military members and their spouses who obtain licensure through professional boards.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4151) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4178, Making a supplementary appropriation to the Department of Commerce, WorkForce West Virginia.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4178) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4178) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4259, Extending the time for the city council of the city of Sistersville, Tyler County, to meet as a levying body.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4259) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4259) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4301, Allowing limited reciprocal use of hunting and fishing licenses with the Commonwealth of Kentucky.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4301) passed.
The following amendment to the title of the bill, from the Committee on Interstate Cooperation, was reported by the Clerk and adopted:
Eng. House Bill No. 4301--A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to hunting, trapping and fishing licenses; and permitting limited reciprocal use of hunting and fishing licenses with states which share river borders with this state.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4402, Providing a procedure for the conditional discharge for first offense underage purchase, consumption, sale, service or possession of alcoholic liquor.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
The nays were: Blair--1.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4402) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4402--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-6-26, relating to the conditional discharge for first offense underage purchase, consumption, sale, service, possession of nonintoxicating beer or alcoholic liquor or obtaining nonintoxicating beer or alcoholic liquor by misrepresentation of age; allowing for probation in lieu of conviction under certain circumstances; permitting the court to enter an adjudication upon violation of probation; providing for discharge and dismissal if terms of probation are met; stating the effect of the discharge and dismissal; prohibiting prosecution or penalty for failure of the person to disclose or acknowledge an arrest or trial that was discharged and dismissed pursuant to this section; precluding a person from using the benefits of this section more than once; permitting expungement of records under certain circumstances; requiring payment of regular court costs by persons whose case is disposed of pursuant to this section; and ensuring court costs assessed are distributed according to code.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4421, Allowing the lottery to pay prizes utilizing other payment methods in addition to checks.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4421) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4437, Relating to the Division of Juvenile 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: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4437) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 4437--A Bill to amend of 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; creating special revenue accounts in the office of the Treasurer for juvenile benefit funds; and including residents of the Division of Juvenile Services as a division designated to receive and disburse such funds.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4445, Modifying the definition of "battery" and "domestic battery".
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4445) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 4067, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page ten, section three, line ten, after the word “authorized” by striking out the period and inserting the following: with the following amendment:
On pages one and two, section two, by striking out all of subsections 2.3 and 2.4 and inserting in lieu thereof two new subsections, designated subsections 2.3 and 2.4, to read a follows:
2.3. The projected expenditure schedule will be divided by the previous fiscal year’s billed average daily inmate population to yield the preliminary projected cost per inmate day. The West Virginia Regional Jail and Correctional Facility Board, established under W. Va. Code §31-20-3, shall evaluate the preliminary projected cost per inmate day to determine if reductions can be implemented based on other revenues, cash reserves, and cost efficiency efforts. The Board may reduce the preliminary projected cost per inmate day based on adopting a fiscally sound annual operating budget.
2.4. The Board’s approved cost per inmate day shall then become effective as of July 1st of the next fiscal year’s budget following the October projection.
The bill (Eng. Com. Sub. for H. B. No. 4067), as amended, was then ordered to third reading.
Eng. House Bill No. 4154, Fixing a technical error relating to the motor fuel excise tax.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4159, Updating the meaning of federal adjusted gross income and certain other terms.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4188, Updating the authority and responsibility of the Center for Nursing.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4304, Providing rules for motor vehicles passing bicycles on roadways.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page four, section five, line twenty-four, by striking out the word “highway” and inserting in lieu thereof the word “roadway”.
The bill (Eng. Com. Sub. for H. B. No. 4304), as amended, was then ordered to third reading.
Eng. House Bill No. 4365, Relating to employer remittance and reporting of Teachers Retirement System member contributions to the retirement board.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4457, Authorizing a legislative rule for the Council of Community and Technical College Education regarding WV EDGE program.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4488, Eliminating the requirement for notarization of the articles of incorporation for cooperative associations.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4618, Establishing transformative system of support for early literacy.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Education, were reported by the Clerk, considered simultaneously, and adopted:
On page four, section ten, lines thirty-eight through forty-five, by striking out all of subdivision (4) and inserting in lieu thereof a new subdivision, designated subdivision (4), to read as follows:
(4) To ensure that all students read proficiently by the end of third grade, a statewide comprehensive approach to early literacy is required. This approach shall focus on supports during the early learning years which include schools and engaged communities mobilized to remove barriers, expand opportunities, and assist parents in fulfilling their roles and responsibilities to serve as full partners in the success of their children.;
On page five, section ten, line sixty-nine, by striking out the word “Ensure” and inserting in lieu thereof the word “Ensuring”;
On page five, section ten, line seventy-four, by striking out the word “Close” and inserting in lieu thereof the word “Closing”;
On page five, section ten, line seventy-seven, by striking out the word “Assist” and inserting in lieu thereof the word “Assisting”;
On page six, section ten, line eighty-one, by striking out the word “Maximize” and inserting in lieu thereof the word “Maximizing”;
On page six, section ten, line eighty-four, by striking out the word “Support” and inserting in lieu thereof the word “Supporting”;
On page six, section ten, line eighty-eight, by striking out the word “Ensure” and inserting in lieu thereof the word “Ensuring”;
On page six, section ten, line ninety-four, by striking out the word “Create” and inserting in lieu thereof the word “Creating”;
On page seven, section ten, line one hundred, by striking out the word “Provide” and inserting in lieu thereof the word “Providing”;
On page seven, section ten, line one hundred six, by striking out the word “Receive” and inserting in lieu thereof the word “Receiving”;
On page ten, section ten, line one hundred seventy-six, by striking out the words “shall be” and inserting in lieu thereof the word “are”;
And,
On page eleven, section ten, line one hundred eighty-eight, after the word “and” by inserting the word “then”.
The bill (Eng. H. B. No. 4618), as amended, was then ordered to 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:
Eng. House Bill No. 4186, Relating to the procedures for issuing a concealed weapon license.
Eng. Com. Sub. for House Bill No. 4236, Sexual assault nurse examination network.
Eng. House Bill No. 4256, Amending the annual salary schedule for members of the state police.
Eng. Com. Sub. for House Bill No. 4270, Relating to salaries of service employees of the state camp and conference center known as Cedar Lakes Conference Center.
Eng. Com. Sub. for House Bill No. 4284, Pregnant Workers' Fairness Act.
Eng. Com. Sub. for House Bill No. 4287, Administration of health maintenance tasks.
Eng. Com. Sub. for House Bill No. 4290, Revising the regulatory structure of money transmitters and other entities.
Eng. House Bill No. 4302, Relating to elections for public school purposes.
Eng. Com. Sub. for House Bill No. 4363, Creating an informal dispute resolution process available to behavioral health providers.
Eng. Com. Sub. for House Bill No. 4393, Creating the Dangerous Wild Animals Act.
Eng. Com. Sub. for House Bill No. 4425, Giving the Superintendent of State Police authority to hire additional staff.
Eng. Com. Sub. for House Bill No. 4496, Providing for the allocation of matching funds from future moneys deposited into the West Virginia Research Trust Fund.
And,
Eng. House Bill No. 4503, Declaring certain claims against the state and its agencies to be moral obligations of the state.
At the request of Senator Cole, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,
On motion of Senator Unger, the Senate recessed until 5 p.m. today.
Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
Executive Communications
Senator Kessler (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, regarding annual reports, which communication was received:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 4, 2014
Senate Executive Message No. 4
The Honorable Jeffrey V. Kessler
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. President:
Pursuant to the provisions of section twenty, article one, chapter five of the Code of West Virginia, I hereby certify that the following 2013-2014 annual reports have been received in the Office of the Governor:
Accountancy, West Virginia Board of (FY 2012-2013)
Aeronautics Commission, West Virginia Department of Transportation
Affordable Housing Trust Fund, West Virginia
Agricultural Land Protection Authority, West Virginia
Alcohol Beverage Control Administration, West Virginia Department of Revenue
Alternative and Renewable Energy Resource Planning Assessment, by the West Virginia Division of Energy; the West Virginia Division of Environmental Protection; and the West Virginia Public Service Commission
Architects, West Virginia Board of (FY 2012-2013)
Attorney General, Office of the, State of West Virginia
Attorney General, Office of the, State of West Virginia, Report on the Activities of the Consumer Protection and Antitrust Division
Barbers and Cosmetologists, West Virginia Board of
Children’s Health Insurance Program, West Virginia Department of Administration
Chiropractic, West Virginia Board of (FY 2012-2013)
Coal Mine Health and Safety, West Virginia Board of, and Mine Safety Technical Review Committee
Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee
Consumer Advocate, Offices of the Insurance Commissioner, West Virginia Department o Revenue
Consumer Advocate Division, West Virginia Public Service Commission
Corrections, Division of, West Virginia Department of Military Affairs and Public Safety
Counseling, West Virginia Board of (2011-2013)
Court System, West Virginia (2012)
Crime, Delinquency and Correction, Law Enforcement Professional Standards Subcommittee, Division of Justice and Community Services, West Virginia Department of Military Affairs and Public Safety (FY 2012-2013)
Death, Disability and Retirement Fund (Plan A) and State Police Retirement System (Plan B), Consolidated Public Retirement Board, West Virginia Department of Administration
Dental Examiners, West Virginia Board of (FY 2012-2013)
Energy, Division of, West Virginia Department of Commerce
Equal Employment Opportunity, West Virginia Office of
Financial Institutions, Division of, West Virginia Department of Revenue (111th Annual Report Fiscal Year Ending June 30, 2012, and 112th Annual Report Fiscal Year Ending June 30, 2013)
Fire Marshal, State Fire Commission, West Virginia Department of Military Affairs and Public Safety
Forestry, Division of, West Virginia Department of Commerce
Funeral Service Examiners, West Virginia Board of (FY 2012-2013)
Grievance Board, West Virginia Public Employees, West Virginia Department of Administration
Groundwater Programs and Activities, Division of Water and Waste Management, Groundwater Program, West Virginia Department of Environmental Protection (Biennial Report, July 1, 2011 to June 30, 2013)
Human Rights Commission, West Virginia
Infant and Maternal Mortality, Office of Maternal, Child and Family Health, West Virginia Department of Health and Human Resources (2011)
Infrastructure and Jobs Development Council (West Virginia)
Insurance Commissioner, Offices of the, West Virginia Department of Revenue (Calendar Year 2012)
Investment Management Board, West Virginia (2011)
Justice and Community Services, Division of; Justice Reinvestment Initiative; Annual Report on Implementation of Treatment Supervision (reporting from July 1, 2013); West Virginia Department of Military Affairs and Public Safety
Juvenile Justice and Delinquency Prevention, Division of Justice and Community Services (Report of State Advisory Group, a subcommittee), West Virginia Department of Military Affairs and Public Safety
Medical Imaging and Radiation Therapy Technology, West Virginia Board of Examiners of
Medicine, West Virginia Board of
Miners’ Health, Safety and Training, Office of, West Virginia Department of Commerce
Minority Affairs, Herbert Henderson Office of, Office of the Governor
Municipal Bond Commission, West Virginia (FY 2012-2013)
Natural Resources, Division of, West Virginia Department of Commerce (FY 2012-2013)
Neighborhood Investment Program, Development Office, West Virginia Department of Commerce
Newborn Hearing Screening, Office of Maternal, Child and Family Health, West Virginia Department of Health and Human Resources (2012)
Nursing Home Administrators Licensing Board, West Virginia (FY 2012-2013)
Nursing Homes and Assisted Living Facilities in West Virginia, Office of Inspector General, Health Facility Licensure and Certification, West Virginia Department of Health and Human Resources (October 1, 2012 through September 30, 2013)
Occupational Therapy, West Virginia Board of (Biennium 2012 and 2013)
Oral Health Improvement Act, West Virginia Oral Health Program, Office of Maternal, Child and Family Health, West Virginia Department of Health and Human Resources
Personnel, Division of, West Virginia Department of Administration
Physical Therapy, West Virginia Board of (Biennium 2012 and 2013)
Privacy Office, State, West Virginia Health Care Authority
Professional Engineers, West Virginia State Board on Registration for
Public Defender Services, West Virginia Department of Administration (Fiscal Year 2012-2013)
Racing Commission, West Virginia Department of Revenue
Real Estate Appraiser Licensing and Certification Board, West Virginia (FY 2012-2013)
Real Estate Commission, West Virginia (FY 2012-2013)
Registered Professional Nurses, West Virginia Board of Examiners for (Biennium Report July 1, 2011-June 30, 2013)
Residential Facilities and Child Placing Agencies, West Virginia Department of Health and Human Resources (FY 2012-2013)
Residential Placement of Children; Findings, Recommendations, and Actions of the West Virginia Commission to Study Residential Placement of Children; Bureau for Children and Families, West Virginia Department of Health and Human Resources
Risk and Insurance Management, Board of, West Virginia Department of Administration (FY 2012-2013)
Senior Services, West Virginia Bureau of
Speech-Language Pathology and Audiology, West Virginia Board of Examiners for (FY 2012-2013)
State Police, West Virginia, West Virginia Department of Military Affairs and Public Safety (FY 2012-2013)
State Rehabilitation Council, West Virginia
Sudden Unexplained Infant Death (SUID), Division of Research, Evaluation and Planning, Office of Maternal, Child and Family Health, West Virginia Department of Health and Human Resources (2010)
Tax Commissioner of West Virginia, West Virginia Department of Revenue (Fiftieth Biennial Report)
Tax Increment Financing, Development Office, West Virginia Department of Commerce
Veterans Assistance, West Virginia Department of (FY 2011-2012)
Veterinary Medicine, West Virginia Board of (FY 2012-2013)
Volunteer West Virginia (State’s Commission for National and Community Service)
Water Development Authority, West Virginia
West Virginia University Board of Governors, Unrestricted Investment Fund for October 1, 2012 to September 30, 2013
Women’s Right to Know Act, Division of Perinatal and Women’s Health, Office of Maternal, Child and Family Health, West Virginia Department of Health and Human Resources (2012)
Work Force Program, The Governor’s Guaranteed, Development Office, West Virginia Department of Commerce
Very truly yours,
Earl Ray Tomblin,
Governor.
Senator Kessler (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, submitting the annual probation and parole report, which was received:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 4, 2014
Senate Executive Message No. 5
The Honorable Jeffrey V. Kessler
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. President:
In accordance with the provisions of section 11, article 7 of the Constitution of the State of West Virginia, and section 16, article 1, chapter 5 of the Code of West Virginia, I hereby report that I granted no pardons or reprieves, nor commuted punishment to any person, nor remitted any fines or penalties, during the period of April 10, 2013, through March 4, 2014.
Very truly yours,
Earl Ray Tomblin,
Governor.
The Senate again proceeded to the fourth order of business.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 306, Budget Bill.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 306 (originating in the Committee on Finance)--A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 306) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 81 (originating in the Committee on Economic Development)--Requesting the Joint Committee on Government and Finance study the development and stimulation of craft beer production and sales in the state, including review of fees, taxation and other regulatory provisions impeding or promoting the establishment of new craft beer businesses.
Whereas, The Legislature recognizes a rising and existing consumer-driven market interested in purchasing locally available and naturally produced food and drink; and
Whereas, The brewing of beer in low-volume production runs using traditional brewing and creative skills to produce distinctive styles and brands is a growth industry with positive public esteem and broad approval; and
Whereas, The formulation of distinctive craft beers has contributed to the image and identity of the communities in which they have been produced; and
Whereas, The Legislature recognizes the importance of strengthening our local and regional food and beverage production for the economic development of the state; and
Whereas, West Virginia has not yet conducted a focused review of the potential role of craft beer production and sale in a state economic development plan; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the development and stimulation of craft beer production and sales in the state, including review of fees, taxation and other regulatory provisions impeding or promoting the establishment of new craft beer businesses; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
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. 81) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration.
On motion of Senator Williams, the resolution was referred to the Committee on Rules.
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 Concurrent Resolution No. 82 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance study restructuring or realigning the Division of Corrections, Regional Jail and Correctional Facility Authority, Board of Probation and Parole and the Division of Justice and Community Services under the Department of Military Affairs and Public Safety.
Whereas, The Legislature desires to continuously find ways to improve and reform the criminal justice system that would enhance public safety and optimize state services; and
Whereas, The Legislature is faced with the difficult and critical task of balancing the state’s budget with limited resources, and further recognizes that the state’s county officials are facing similar difficulties on the local level; and
Whereas, Realigning these existing agencies into a bureau under the Department of Military Affairs and Public Safety may eliminate any overlap in similar services, such as programming, training, medical and food service, file sharing and data collection, that are currently provided by each agency, respectively; and
Whereas, Restructuring these agencies under the Department of Military Affairs and Public Safety may allow savings by increasing the efficiency of the agencies and eliminating any service overlap; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study restructuring or realigning the Division of Corrections, Regional Jail and Correctional Facility Authority, Board of Probation and Parole and the Division of Justice and Community Services under the Department of Military Affairs and Public Safety; and, be it
Further Resolved, That the Legislative Oversight Committee on the Regional Jail and Correctional Facility Authority be authorized to conduct this study; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted; but with the further recommendation that it first be referred to the Committee on Rules.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the resolution (S. C. R. No. 82) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration.
On motion of Senator Snyder, the resolution was referred to the Committee on Rules.
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 Concurrent Resolution No. 83 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance conduct a study to determine whether the Purchasing Division should oversee the approval of change orders on state contracts.
Whereas, Change orders can drastically increase the total cost of a state contract; and
Whereas, There is no current oversight in regards to change orders; and
Whereas, The justification for the approval of change orders is not always adequately documented; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study to determine whether the Purchasing Division should oversee the approval of change orders on state contracts; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted; but with the further recommendation that it first be referred to the Committee on Rules.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the resolution (S. C. R. No. 83) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration.
On motion of Senator Snyder, the resolution was referred to the Committee on Rules.
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 Concurrent Resolution No. 84 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance study the implementation of a statewide advertising program to promote the tourism industry in West Virginia.
Whereas, Travel spending by all overnight and day visitors in West Virginia was $5.1 billion in the 2012 calendar year, the equivalent to approximately $13.9 million per day; and
Whereas, Travel spending in West Virginia has increased by 6.3 percent per year since 2000; and
Whereas, During 2012, visitor spending in West Virginia directly supported approximately forty-six thousand four hundred jobs with earnings of approximately $1.1 billion; and
Whereas, Local and state government revenues generated by travel spending were $707 million in 2012, not including property taxes; and
Whereas, Without these government revenues generated by travel spending, each household in West Virginia would have had to pay an additional $924 in state and local taxes to maintain current service levels; and
Whereas, State spending on tourism advertising has, and continues to, decrease; and
Whereas, Due to the recent chemical spill event, West Virginia’s image may have been severely tarnished on a national level; and
Whereas, Other states, such as Michigan, have undertaken a systematic, well-funded advertising program to promote tourism in their states and to improve their images, both nationally and internally; and
Whereas, Because the continuing growth of West Virginia’s tourism economy is of major importance to all our citizens, it is in the best interest of the State of West Virginia to implement an advertising program to promote the tourism industry in West Virginia and to improve the state’s image; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the implementation of a statewide advertising program to promote the tourism industry in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted; but with the further recommendation that it first be referred to the Committee on Rules.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the resolution (S. C. R. No. 84) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration.
On motion of Senator Snyder, the resolution was referred to the Committee on Rules.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2387, Relating to reasonable accommodations under the West Virginia Fair Housing Act for persons with disabilities who need assistive animals.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 2606, Permitting the State Rail Authority to set the salary of the executive director.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2606) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 2803, Requiring electric utilities to implement integrated resource plans.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Palumbo, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4147, Relating to emergency preparedness.
With amendments from the Committee on Government Organization pending;
And has also amended same.
And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 4149, Allowing members of the Board of Public Works to be represented by designees and to vote by proxy.
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 the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4149) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on 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
Eng. Com. Sub. for House Bill No. 4184, Relating to the West Virginia Tourism Development 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 Finance.
Respectfully submitted,
Bob Williams,
Chair.
At the request of Senator Williams, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4184) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4208, Banning synthetic hallucinogens.
With amendments from the Committee on Health and Human Resources pending;
And has also amended same.
And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.
Respectfully submitted,
Corey Palumbo,
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
Eng. Com. Sub. for House Bill No. 4217, Relating to Medicaid reports to the Legislature.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Ron Stollings,
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
Eng. Com. Sub. for House Bill No. 4237, Prohibiting the sale, distribution and use of electronic cigarettes, vapor products and other alternative nicotine products to persons under the age of eighteen.
And has amended same.
Eng. Com. Sub. for House Bill No. 4335, Relating to a child's right to nurse.
And has amended same.
And,
Eng. House Bill No. 4588, Protecting unborn children who are capable of experiencing pain by prohibiting abortion after twenty weeks.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. No. 4237, Eng. Com. Sub. for H. B. No. 4335 and Eng. H. B. No. 4588) contained in the preceding report from the Committee on Health and Human Resources were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Health and Human Resources pending.
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
Eng. Com. Sub. for House Bill No. 4245, Relating to anticipated retirement dates of certain health care professionals.
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.
At the request of Senator Plymale, as chair of the Committee on Education, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 4298, Changing the experience requirements of the composition of the members of the West Virginia Ethics Commission.
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 the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Palumbo, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 4305, Relating to the requirements of members of a building commission board be from the same political party.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4305) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on 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
Eng. House Bill No. 4332, Extending the time that certain nonprofit community groups are exempt from the moratorium on creating new nursing home beds.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Ron Stollings,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 4373, Relating to driver education programs.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Education.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 4392, Regulating persons who perform work on heating, ventilating and cooling systems and fire dampers.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4392) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4431, Clarifying that persons who possess firearms, hunting dogs or other indicia of hunting do not necessarily need to have a hunting license.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4460, Relating to violating provisions of the civil service law for paid fire departments.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4473, Relating to establishing voting precincts and changing the composition of standard receiving boards.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Corey Palumbo,
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
Eng. Com. Sub. for House Bill No. 4537, West Virginia CARES Act.
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 Finance.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4537) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Health and Human Resources pending.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 4619, Authorizing innovation school districts.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. H. B. No. 4619) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Walters.
Thereafter, at the request of Senator Barnes, and by unanimous consent, the remarks by Senator Walters were ordered printed in the Appendix to the Journal.
Pending announcement of a meeting of a standing committee of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, March 5, 2014, at 11 a.m.
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