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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2014

THIRD DAY

____________

Charleston, W. Va., Wednesday, May 21, 2014

    The Senate met at 11 a.m.

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

    Prayer was offered by the Honorable Jack Yost, a senator from the first district.

    Pending the reading of the Journal of Tuesday, May 20, 2014,

    On motion of Senator Kirkendoll, the Journal was approved and the further reading thereof dispensed with.

    The Senate 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, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to

    Eng. Senate Bill No. 2003, Supplementing and amending Title II Appropriations from State Excess Lottery Revenue Fund.

    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 seven, line eighteen, by striking out “15,649,886” and inserting in lieu thereof “14,581,522”;

    On page seven, line nineteen, by striking out “71,039,015” and inserting in lieu thereof “69,970,651”;

    On page ten, after line nine, by inserting the following:

2   Family Resource Networks. . . . . . . 27400         150,464

3   Domestic Violence Legal Services

4       Fund. . . . . . . . . . . . . . .  38400          30,000

5   In-Home Family Education. . . . . . . 68800         250,000

6   Grants for Licensed Domestic

7      Violence Programs and

8      Statewide Prevention. . . . . . . . 75000         357,900

9   Children’s Trust Fund - Transfer. . . 95100      80,000

       Total. . . . . . . . . . . . . . .           $27,096,782

    The above appropriation for Domestic Violence Legal Services Fund (fund 5365, appropriation 38400) shall be transferred to the Domestic Violence Legal Services Fund (fund 5455). From the above appropriation for the Grants for Licensed Domestic Violence Programs and Statewide Prevention (fund 5365, appropriation 75000), fifty percent of the total shall be divided equally and distributed among the fourteen (14) licensed programs and the West Virginia Coalition Against Domestic Violence (WVCADV). The balance remaining in the appropriation for Grants for Licensed Domestic Violence Programs and Statewide Prevention (fund 5365, appropriation 75000) shall be distributed according to the formula established by the Family Protection Services Board.

    The above appropriation for Children’s Trust Fund - Transfer (fund 5365, appropriation 95100), shall be transferred to the Children’s Fund (fund 5469, org 0511).;

    And,

    On page ten, after line sixteen, by inserting the following:

314a-Division of Justice and Community Services

(WV Code Chapter 15)

Fund FY 2015 Org 0620

1   Child Advocacy Centers. . . . . . . . 45800      $200,000.

    Senator Unger moved that the Senate concur in the House of Delegates amendments to the bill.

    Following extended discussion,

    The question being on the adoption of Senator Unger's aforestated motion, the same was put and prevailed.

    Engrossed Senate Bill No. 2003, as amended by the House of Delegates, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Tucker, Unger, Walters, Williams, Yost and Kessler (Mr. President)--30.

    The nays were: Snyder--1.

    Absent: Blair, Cann and Wells--3.

    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. 2003) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Tucker, Unger, Walters, Williams, Yost and Kessler (Mr. President)--30.

    The nays were: Snyder--1.

    Absent: Blair, Cann and Wells--3.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 2003) takes effect from passage.

    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, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to

    Eng. Com. Sub. for Senate Bill No. 2004, Authorizing transfer of moneys to Courtesy Patrol Fund according to expenditure schedule set by Budget Office.

    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 two, section twelve, lines eight and nine, by striking out the words “in accordance with appropriations from the State Excess Lottery Revenue Fund”;

    And,

    By striking out the title and substituting therefor a new title, to read as follows:

    Eng. Com. Sub. for Senate Bill No. 2004--A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating to the distribution of funds from the Tourism Promotion Fund; authorizing the transfer of up to $4,700,000 of moneys from the Tourism Promotion Fund to the Courtesy Patrol Fund; and designating the Secretary of Commerce as the approving authority for the expenditure of certain funds to effectively promote and market the state’s parks, state forests, state recreation areas and wildlife recreational resources.

    On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.

    Engrossed Committee Substitute for Senate Bill No. 2004, as amended by the House of Delegates, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, 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, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Blair, Cann and Wells--3.

    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. 2004) passed with its House of Delegates amended title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, 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, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Blair, Cann and Wells--3.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 2004) takes effect from passage.

    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 passage, to take effect from passage, of

    Eng. Senate Bill No. 2006, Extending time for Richwood Common Council to meet as levying body.

    A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

    Eng. House Bill No. 201--A Bill to amend and reenact §21-5C-1, §21-5C-2 and §21-5C-4 of the Code of West Virginia, 1931, as amended, as contained in chapter one hundred twenty-four, Acts of the Legislature, regular session, 2014, and to amend and reenact §21-5C-6 of said code, all relating to the application of minimum wage and maximum hour standards; modifying the definition of the term “employer”; clarifying the definition of the term “hours worked”; clarifying operative dates; requiring legislative rules; and authorizing promulgation of emergency rules.

    At the request of Senator Unger, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

    On motion of Senator Unger, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.

    On suspending the constitutional rule, the yeas were: Barnes, Beach, Boley, 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, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Blair, Cann and Wells--3.

    The bill was read a second time and ordered to third reading.

    Having been engrossed, the bill (Eng. H. B. No. 201) was then read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Beach, Boley, 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, Williams, Yost and Kessler (Mr. President)--30.

    The nays were: Barnes--1.

    Absent: Blair, Cann and Wells--3.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 201) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Beach, Boley, 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, Williams, Yost and Kessler (Mr. President)--30.

    The nays were: Barnes--1.

    Absent: Blair, Cann and Wells--3.

    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. 201) takes effect from passage.

    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 passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

    Eng. House Bill No. 202--A Bill to amend and reenact §38-2-21 and §38-2-34 of the Code of West Virginia, 1931, as amended, as contained in chapter one hundred fifteen, Acts of the Legislature, regular session, 2014, all relating to delaying the effective date of the affirmative defense to an action to enforce a mechanic’s lien.

    At the request of Senator Unger, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

    On motion of Senator Unger, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.

    On suspending the constitutional rule, the yeas were: Barnes, Beach, Boley, 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, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Blair, Cann and Wells--3.

    The bill was read a second time and ordered to third reading.

    Having been engrossed, the bill (Eng. H. B. No. 202) was then read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, 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, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Blair, Cann and Wells--3.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 202) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, 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, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Blair, Cann and Wells--3.

    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. 202) takes effect from passage.

    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 passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

    Eng. House Bill No. 203--A Bill to amend and reenact §20-9-3 and §20-9-4 of the Code of West Virginia, 1931, as amended, all relating to boat dock and marina safety; extending the deadline for electrical inspection; and extending the deadline for compliance with this article.

    At the request of Senator Unger, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

    On motion of Senator Unger, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.

    On suspending the constitutional rule, the yeas were: Barnes, Beach, Boley, 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, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Blair, Cann and Wells--3.

    The bill was read a second time and ordered to third reading.

    Having been engrossed, the bill (Eng. H. B. No. 203) was then read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Beach, Boley, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Walters, Williams, Yost and Kessler (Mr. President)--29.

    The nays were: Barnes and Sypolt--2.

    Absent: Blair, Cann and Wells--3.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 203) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Beach, Boley, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Walters, Williams, Yost and Kessler (Mr. President)--29.

    The nays were: Barnes and Sypolt--2.

    Absent: Blair, Cann and Wells--3.

    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. 203) takes effect from passage.

    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. Senate Bill No. 2005, Relating to application of minimum wage and maximum hour standards.

    On second reading, coming up in regular order, was reported by the Clerk.

    On motion of Senator Unger, the bill was recommitted to the Committee on Finance.

    Senator Unger offered the following pre-adjournment resolution:

    Senate Resolution No. 203--Raising a committee to notify the House of Delegates the Senate is ready to adjourn sine die.

    Resolved by the Senate:

    That the President be authorized to appoint a committee of three to notify the House of Delegates that the Senate has completed its labors and is ready to adjourn sine die.

    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.

    Senator Kessler (Mr. President), under the provisions of the foregoing resolution, appointed the following committee to notify the House of Delegates of impending Senate adjournment:

    Senators Beach, Cookman and Carmichael.

    Subsequently, Senator Beach reported that the duties assigned by Senate Resolution No. 203 had been performed.

    Thereafter, a three-member delegation from the House of Delegates, namely

    Delegates Fleischauer, Jones and Hamrick, announced that that body also had completed its labors and was ready to adjourn sine die.

    Senator Unger then offered the following resolution:

    Senate Resolution No. 204--Raising a committee to notify His Excellency, the Governor, that the Legislature is ready to adjourn sine die.

    Resolved by the Senate:

    That the President be authorized to appoint a committee of three to join with a similar committee of the House of Delegates to notify His Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die.

    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.

    Under the provisions of the foregoing resolution, Senator Kessler (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate was ready to adjourn:

    Senators Fitzsimmons, Stollings and Sypolt.

    Delegates Campbell, Moore and Border, then announced that they had been appointed by that body to join with the similar committee named by the Senate to wait upon His Excellency and were ready to proceed with this assignment.

    Senators Fitzsimmons, Stollings and Sypolt, comprising the Senate committee, then joined the House committee and proceeded to the executive offices to notify His Excellency, the Governor, of imminent adjournment of this extraordinary session of the Legislature.

    Subsequently, Senator Fitzsimmons, from the joint select committee to notify His Excellency, the Governor, that the Legislature had completed the business of this extraordinary session and was ready to adjourn sine die, returned to the chamber and was recognized by the President. Senator Fitzsimmons then reported this mission accomplished.

    At the request of Senator Cookman, unanimous consent being granted, the Joint Committee on Enrolled Bills was granted permission, after it has examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of this second extraordinary session of the eighty-first Legislature in the year two thousand fourteen, to file its reports with the Clerk and that the same be included in the Journal of the last day of the session; and also, that any communications from His Excellency, the Governor, as to his action on bills after adjournment of the session, be included in the Journal.

    In accordance with the foregoing unanimous consent agreement, the following report of the Joint Committee on Enrolled Bills was filed as follows:

    Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

    Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 23rd day of May, 2014, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

    (S. B. No. 2003), Supplementing and amending Title II Appropriations from State Excess Lottery Revenue Fund.

    (Com. Sub. for S. B. No. 2004), Authorizing transfer of moneys to Courtesy Patrol Fund according to expenditure schedule set by Budget Office.

    (S. B. No. 2006), Extending time for Richwood Common Council to meet as levying body.

    (H. B. No. 201), Relating to the application of minimum wage and maximum hour standards.

    (H. B. No. 202), Delaying the effective date of the affirmative defense to an action to enforce a mechanic's lien.

    And,

    (H. B. No. 203), Relating to boat dock and marina safety.

       . . . . . . . . . . . . . . . . . .           Respectfully submitted,

       . . . . . . . . . . . . . . . . . .             Corey Palumbo,

       . . . . . . . . . . . . . . . . . .               Member, Senate Committee.

       . . . . . . . . . . . . . . . . . .             Danny Wells,

       . . . . . . . . . . . . . . . . . .               Chair, House Committee.

Executive Communications

    Under authorization of Senate approval therefor in prior proceedings today, to include in this day’s Journal communications showing the Governor’s action on enrolled bills presented to him in post-session reports, the following are inserted hereinafter:

    The Clerk then presented communications from His Excellency, the Governor, advising that on May 26, 2014, he had approved Enr. Senate Bill No. 2003; and on May 29, 2014, he had approved Enr. Committee Substitute for Senate Bill No. 2004, Enr. Senate Bill No. 2006, Enr. House Bill No. 201, Enr. House Bill No. 202 and Enr. House Bill No. 203.

    On motion of Senator Unger, the second extraordinary session of the Senate in the year two thousand fourteen adjourned sine die.

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