WEST VIRGINIA LEGISLATURE SENATE JOURNAL EIGHTY-FOURTH LEGISLATURE REGULAR SESSION, 2019 SIXTIETH DAY ____________ Charleston, West Virginia, Saturday, March 9, 2019 The Senate met at 10:51 a.m. (Senator Carmichael, Mr. President, in the Chair.) Prayer was offered by Bishop Joe Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia. The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Gregory L. Boso, a senator from the eleventh district. Deborah Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia, then proceeded in the singing of “I Called on the Lord and Got an Answer” and “There’s A Blessing in This House”. On motion of Senator Takubo, the special order of business set for this position on the calendar (consideration of executive nominations) was postponed and made a special order of business at 3 p.m. today. Pending the reading of the Journal of Friday, March 8, 2019, At the request of Senator Ihlenfeld, unanimous consent being granted, the Journal was approved and the further reading thereof dispensed with. The Senate proceeded to the second order of business and the introduction of guests. At the request of Senator Sypolt, unanimous consent being granted, Senator Sypolt addressed the Senate regarding resolutions urging Congress to provide exceptions to weight limits on interstates that were introduced in the Senate but not acted upon by the House of Delegates. At the request of Senator Baldwin, and by unanimous consent, the Senate stood in observance of a moment of silence recognizing the Honorable Jesse O. Guills, former senator from the tenth district who is hospitalized in critical condition, and Adam DeBoard, a miner who was killed in a Greenbrier County mining accident on Thursday, March 7, 2019. 2 JOURNAL OF THE SENATE [March 9 The Clerk presented the following communications from various state agencies as required by the provisions of law: Children’s Health Insurance Program (§5-16B-3) Development Office (Governor’s Guaranteed Work Force Program (§5B-2D-6) Development Office (Tax Increment Financing) (§7-11B-15) Environmental Protection, Department of (Special Reclamation Fund Advisory Council) (§22- 1-17) Ethics Commission (Advisory Opinions and Exemptions) (§6B-2-3) Health and Human Resources, Department of (Driving Under the Influence Safety and Treatment Program) (§17C-5A-3a) Medicine, Board of (§30-1-12) Motor Vehicles, Division of (Motor Vehicle Alcohol Test and Lock Program) Motor Vehicles, Division of (Motorcycle Safety and Awareness Program Board) (§17B-1D-8) 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 amendment, as to Eng. Com. Sub. for Senate Bill 352, Relating to Division of Corrections and Rehabilitation acquiring and disposing of services, goods, and commodities. On motion of Senator Takubo, the bill was taken up for immediate consideration. The following House of Delegates amendment to the bill was reported by the Clerk: On page eight, section fourteen, after subdivision (l), by inserting a new subdivision, designated subdivision (m), to read as follows: (m) Notwithstanding any other provision of this code to the contrary, any records obtained in response to solicitations for bids from the division shall not be subject to disclosure pursuant to §29B-1-1 et seq. of this code, until and unless the time frame for submission of bids has closed: Provided, That once bids close, the records may be exempt from disclosure pursuant to §29B-1- 4 of this code. Any record relating to any solicitation for, or purchase of, any item related to the safe and secure running of any facility under the jurisdiction of the Commissioner of the Division is not subject to disclosure pursuant to §29B-1-1 et seq. of this code. On motion of Senator Boso, the following amendment to the House of Delegates amendment to the bill (Eng. Com. Sub. for S. B. 352) was reported by the Clerk and adopted: By striking out the title and substituting therefor a new title, to read as follows: 2019] JOURNAL OF THE SENATE 3 Eng. Com. Sub. for Senate Bill 352—A Bill to amend and reenact §15A-3-14 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §15A-3-14a, all relating to the Division of Corrections and Rehabilitation acquiring and disposing of services, goods, and commodities; clarifying notice requirements; allowing the division to require surety; expanding acceptable forms of surety; allowing the division to utilize best value procurement; providing exception; establishing procedure for best value procurement; allowing for direct award procurement; establishing procedure for direct award procurement; allowing the division to run criminal background checks, financial background checks, licensing background checks, and credit checks to determine eligibility for award of contract; enumerating grounds upon which division shall disqualify vendors from being awarded a contract or having contract renewed; limiting disclosure under Freedom of Information Act of records obtained in response to solicitations for bids and records relating to solicitations for, or purchases of, items related to safe and secure running of any facility under jurisdiction of commissioner of division; creating special revenue fund; and providing for methods of disposition of surplus property owned by the division. On motion of Senator Takubo, the Senate concurred in the House of Delegates amendment, as amended. Engrossed Committee Substitute for Senate Bill 352, as amended, was then put upon its passage. On the passage of the bill, the yeas were: Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Hamilton, Hardesty, Ihlenfeld, Jeffries, Lindsay, Mann, Maroney, Maynard, Palumbo, Plymale, Prezioso, Roberts, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Tarr, Trump, Unger, Weld, Woelfel, and Carmichael (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 S. B. 352) passed with its Senate amended title. Senator Takubo moved that the bill take effect from passage. On this question, the yeas were: Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Hamilton, Hardesty, Ihlenfeld, Jeffries, Lindsay, Mann, Maroney, Maynard, Palumbo, Plymale, Prezioso, Roberts, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Tarr, Trump, Unger, Weld, Woelfel, and Carmichael (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 S. B. 352) takes effect from passage. Ordered, That the Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein. 4 JOURNAL OF THE SENATE [March 9 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 40, Establishing Military Service Members Court program. On motion of Senator Takubo, the bill was taken up for immediate consideration. The following House of Delegates amendments to the bill were reported by the Clerk: By striking out everything after the enacting clause and inserting in lieu thereof the following: ARTICLE 16. THE MILITARY SERVICE MEMBERS COURT ACT. §62-16-1. Short title. This may be cited as the Military Service Members Court Act. §62-16-2. Legislative findings. The Legislature recognizes that while most veterans are strengthened by their military service, the combat experiences of many veterans have unfortunately left a growing number of veterans who suffer from issues such as Post Traumatic Stress Disorder and traumatic brain injury. A growing body of research shows that one in five veterans will have symptoms of a mental illness, mental health disorder or cognitive impairment. One in six veterans who served in either Operation Enduring Freedom or Operation Iraqi Freedom suffer from substance abuse and related issues. As a result, many veterans have found themselves in the criminal court system charged with crimes which may be directly attributable to these service-related issues. The Legislature further recognizes that a Military Service Members Court is necessary to link veterans with the programs, benefits, and services that are necessary to help them overcome these issues and provide them with rehabilitation services instead of incarceration. Given the context of veteran life, especially given their past training and experiences in the Armed Forces, it is reasonably anticipated and likely that military service members would respond favorably to a structured environment. The Military Service Members Court is a professional, structured and monitored program which mandates and provides participant accountability and responsibility, including mandatory court appearances, treatment and counseling sessions, as well as frequent and random testing for drug and alcohol use. However, the Legislature also finds that some may still struggle. Those are the veterans who need the structure and support