sdj-1st day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
FIRST DAY
____________
Charleston, W. Va., Wednesday, February 11, 2009
The Senate met at 12 Noon.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dr. Dan Hogan, Forrest
Burdette Memorial United Methodist Church, Hurricane, West
Virginia.
Pending the reading of the Journal of Wednesday, January 14,
2008,
On motion of Senator White, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Clerk presented a communication from the Board of
Examiners for Registered Professional Nurses, submitting its annual
report, in accordance with chapter thirty, article twenty-four,
section seven of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Board of
Examiners in Counseling, submitting its annual report as required by chapter thirty, article thirty-one, section five of the code of
West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Board of
Medicine, submitting its annual report, in accordance with chapter
thirty, article three, section seven of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Department of
Environmental Protection, submitting its annual Special Reclamation
Fund Advisory Council report as required by chapter twenty-two,
article one, section seventeen of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Department of
Health and Human Resources, submitting its annual report of the
James "Tiger" Morton Catastrophic Illness Commission, in accordance
with chapter sixteen, article five-q, section two of the code of
West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Department of
Health and Human Resources, submitting its annual long-term care
report as required by chapter sixteen, article five-c, section
three of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Division of Highways, submitting its annual financial report, in accordance
with chapter seventeen, article three, section one-a of the code of
West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Division of
Juvenile Services, submitting its annual report as required by
chapter forty-nine, article five, section thirteen-e of the code of
West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Division of
Natural Resources, submitting its annual report, in accordance with
chapter twenty, article one, section seven of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Economic
Development Authority, submitting its annual report as required by
chapter thirty-one, article fifteen, section twenty-nine of the
code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Public Defender
Services, submitting its report of the Indigent Defense Commission,
in accordance with chapter twenty-nine, article twenty-one, section
three-b of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Public Employees
Insurance Agency, submitting its annual financial plan as required
by chapter five, article sixteen, section five of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Public Energy
Authority, submitting its annual report, in accordance with chapter
five-d, article one, section eight of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Ron Yost Personal
Assistance Services Program, submitting its annual report as
required by chapter eighteen, article ten-l, section seven of the
code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the State Rail
Authority, submitting its annual financial report, in accordance
with chapter twenty-nine, article eighteen, section seventeen of
the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Water Development
Authority, submitting its annual report as required by chapter
twenty-two-c, article one, section seventeen of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the West Virginia Poison Center, submitting its annual report, in accordance with
chapter eighteen-b, article eleven-b, section three of the code of
West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the West Virginia
State Police, submitting its annual report on its effectiveness in
recruiting minorities and females as required by chapter fifteen,
article two, section seven of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Board of Barbers and Cosmetologists, submitting its annual
report, in accordance with chapter sixteen, article one, section
six of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Board of Examiners for Licensed Practical Nurses, submitting
its annual report as required by chapter thirty, article twenty-
four, section seven of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Board of Registration for Professional Engineers, submitting
its annual report, in accordance with chapter thirty, article
thirteen, section ten of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Bureau of Senior Services, submitting its annual report as
required by chapter sixteen, article five-p, section fourteen of
the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Children's Health Insurance Program, submitting its annual
report, in accordance with chapter five, article sixteen-b, section
three of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Office of the Attorney General, submitting its annual consumer
credit and protection report as required by chapter forty-six-a,
article seven, section one hundred two of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Southern States Energy Board, submitting its annual report, in
accordance with chapter twenty-nine, article one-e, section two of
the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 3--Extending an invitation to
His Excellency, the Governor, to deliver an address to the
Legislature and raising a Joint Assembly therefor.
Whereas, His Excellency, the Governor, has advised that he
will be pleased to address a Joint Assembly of the Senate and House
of Delegates at the convenience of the two houses; therefore, be it
Resolved by the Legislature of West Virginia:
That His Excellency, the Governor, be hereby invited to
address a Joint Assembly of the Legislature at 7:00 o'clock
postmeridian this day; and, be it
Further Resolved, That the President of the Senate and the
Speaker of the House of Delegates appoint three members of each of
the respective houses of the Legislature as a committee to wait
upon His Excellency, the Governor, and escort him into the Hall of
the House of Delegates at the time herein appointed for hearing the
address.
The message further announced the appointment of the following
committee on the part of the House of Delegates:
Delegates Moore, D. Poling and Evans.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Whereupon, the President appointed as Senate members of such
committee, authorized by the foregoing resolution, the following:
Senators Chafin, Edgell and Caruth.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolutions were introduced, read by their titles, and
referred to the appropriate committees:
By Senators Foster and Yost:
Senate Bill No. 1--A Bill to amend and reenact §16-3-4 and
§16-3-5 of the Code of West Virginia, 1931, as amended, all
relating to providing medical and nonmedical exemptions from
mandatory immunizations for school children; requiring parental or
guardian affidavit of conscientious or religious belief; requiring
parents and guardians to assert their beliefs in an affidavit and
to present an affidavit affirming that they have completed an
educational course regarding the risks and benefits of
immunizations; providing that the affidavit be provided before the
exemption may apply; requiring submission of affidavit to
magistrate; requiring notification by magistrates; requiring the
development of certain rules governing the magistrate review
procedure; allowing the removal of students who are not immunized
from school in times of emergency or epidemic; and providing that
the Commissioner of the Bureau for Public Health may, by rule, add
or delete diseases for which vaccines are required for school
attendance and provide for the membership of the Immunization
Advisory Committee.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Minard, Barnes and Facemire:
Senate Bill No. 2--A Bill to amend and reenact §46A-4-101 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §46A-4-102a, all
relating to the authority of regulated consumer lenders to make
loans; and requiring continuing education of individual regulated
consumer lender loan originators.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Facemire and Sypolt:
Senate Bill No. 3--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§31A-2-8b, relating to the authority of the Commissioner of Banking
to enter into contracts with depository institutions to provide
loan review services; and providing that funds obtained from
contracts for loan review services shall be treated the same as
bank assessment funds established by said code.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Sypolt, Williams, Deem, Prezioso, Jenkins, Unger,
Laird, Wells, Chafin and White:
Senate Bill No. 4--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
all monetary benefits derived from military retirement from personal income tax obligations.
Referred to the Committee on Finance.
By Senators White and Chafin:
Senate Bill No. 5--A Bill to amend and reenact §22A-1-22 of
the Code of West Virginia, 1931, as amended, relating to the
strengthening of protections for whistleblowers of unsafe working
conditions in mines.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senator Boley:
Senate Bill No. 6--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§19-20-26, relating to the care and management of feral cats.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Bowman and Yost:
Senate Bill No. 7--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§11-21-78, relating to specifying that gambling and lottery
winnings are taxable; specifying that gambling and lottery losses
are tax deductible; and requiring the taxpayer to keep detailed
records showing losses.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Caruth and Barnes:
Senate Bill No. 8--A Bill to amend and reenact §31E-8-802 of the Code of West Virginia, 1931, as amended, relating to requiring
directors and members of the boards of directors of nonprofit
corporations who receive money from a state agency to participate
in at least three hours of training; responsibility of state
agencies for training; and reimbursement for reasonable expenses.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Caruth, Foster, Deem, Jenkins, Barnes, Unger,
Facemire, Sypolt and Chafin:
Senate Bill No. 9--A Bill to amend and reenact §11-21-4e of
the Code of West Virginia, 1931, as amended, relating to providing
a reduction of the state personal income tax of members of
volunteer fire departments who meet certain qualified service
requirements.
Referred to the Committee on Finance.
By Senators Prezioso, Unger and Facemire:
Senate Bill No. 10--A Bill to amend and reenact §25-1-11d of
the Code of West Virginia, 1931, as amended; to amend and reenact
§49-5E-5a of said code; and to amend and reenact §62-12-14 of said
code, all relating to providing that correctional officers, parole
officers and juvenile corrections officers may retire with full
benefits after twenty years of actual and honorable service.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Oliverio, Deem, Prezioso, Jenkins and Sypolt:
Senate Bill No. 11--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting
the retirement benefits of certain annuitants under the State
Teachers Retirement System from state income tax.
Referred to the Committee on Finance.
By Senators Jenkins, Williams, Barnes, Facemire, Wells, Chafin
and White:
Senate Bill No. 12--A Bill to amend and reenact §17A-3-16 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §17A-10-3 of said code, all relating to registration fees
for vehicles; allowing a registrant to register a Class G vehicle
for a two-year period; requiring all registrations for at least one
full year; and facilitating expiration date changes.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Jenkins and Yost:
Senate Bill No. 13--A Bill to amend and reenact sections 1, 2
and 3, chapter 232, Acts of the Legislature, regular session, 1997,
all relating to expanding the counties covered by West Virginia
Route 2 and Interstate 68 Authority to include Cabell, Mason and
Jackson counties; and increasing the number of members.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Government
Organization.
By Senators Jenkins, Williams, Foster and Barnes:
Senate Bill No. 14--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5 and §5B-2H-6, all
relating to requiring a jobs impact statement for certain proposed
legislation.
Referred to the Committee on Economic Development; and then to
the Committee on the Judiciary.
By Senators Plymale, Deem, Stollings and Jenkins:
Senate Bill No. 15--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§7-11-5a; to amend said code by adding thereto a new section,
designated §8-21-10a; to amend and reenact §19-25-3 of said code;
and to amend said code by adding thereto a new section, designated
§20-5-3a, all relating to limiting liability of the section of
Parks and Recreation of the Division of Natural Resources, county
parks and recreation commissions, boards of parks and recreation
commissioners and owners of land used for public parks and
recreation purposes under an agreement with any of the foregoing
entities.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Plymale, Prezioso, Jenkins, Yost and Laird:
Senate Bill No. 16--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§60A-4-413, relating to penalties for any person who manufactures,
sells or dispenses controlled drugs classified in Schedules I, II
or III which result in death from the injection, inhalation or
ingestion of those drugs.
Referred to the Committee on the Judiciary.
By Senators Plymale, Bowman and White:
Senate Bill No. 17--A Bill to amend and reenact §29-22A-10 and
§29-22A-10b of the Code of West Virginia, 1931, as amended, all
relating to the net terminal income allocated to the Development
Office Promotion Fund and the Cultural Facilities and Capitol
Resources Matching Grant Program Fund; and technical amendments.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Prezioso, Williams, Foster, Deem, Barnes, Unger,
Wells, Sypolt, Chafin and White:
Senate Bill No. 18--A Bill to amend and reenact §18-5-22 of
the Code of West Virginia, 1931, as amended, relating to reducing
the ratio of school nurses to school children; and eliminating the
provision allowing county boards to contract with county health
departments for equivalent nursing services.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Kessler, Deem, Minard, Prezioso, Yost, Facemire
and Chafin:
Senate Bill No. 19--A Bill to amend and reenact §33-3-33 of
the Code of West Virginia, 1931, as amended, relating to providing
for administration and training expenses from Fire Protection Fund
revenue to the West Virginia State Fire Chiefs' Association and the
West Virginia State Fireman's Association; eligibility and
requirements for receipt of funds; and exempting both associations from eligibility and spending requirements provided for volunteer
and part-volunteer fire company or department.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 20--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §62-
1-1a, relating to the temporary detention of criminal suspects by
law-enforcement officers to inquire on commission of a crime where
probable cause appears to exist.
Referred to the Committee on the Judiciary.
By Senators Deem and Hall:
Senate Bill No. 21--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§11-21-12i, relating to allowing a federal adjusted gross income
deduction for the amount spent on a high deductible health plan
purchased in conjunction with a health savings account.
Referred to the Committee on Finance.
By Senators Minard, Williams, Unger and Facemire:
Senate Bill No. 22--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§18-11-12, relating to including on the state personal income tax
return a checkoff option to donate some or all of any tax refund to
the Jackson's Mill 4-H Camp Checkoff Program.
Referred to the Committee on Finance.
By Senators Fanning and Wells:
Senate Bill No. 23--A Bill to amend and reenact §5-16-7 of the
Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §33-15-4j; to amend said
code by adding thereto a new section, designated §33-16-3t; to
amend said code by adding thereto a new section, designated
§33-24-7j; to amend said code by adding thereto a new section,
designated §33-25-8h; and to amend said code by adding thereto a
new section, designated §33-25A-8i, all relating to insurance
coverage for acupuncture treatment generally; and providing
insurance coverage under the Public Employees Insurance Act and
certain other insurance policies for acupuncture treatment
performed by a licensed acupuncturist.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Foster, Bowman, Deem, Unger and White:
Senate Bill No. 24--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to the
reduction of state income taxes for certain state and federal
retirees by increasing the exemption on retirement income in
calculating the adjusted gross income for state personal income tax
purposes.
Referred to the Committee on Finance.
By Senators Foster and White:
Senate Bill No. 25--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§5-10E-1, §5-10E-2, §5-10E-3, §5-10E-4, §5-10E-5, §5-10E-6 and §5-10E-7, all relating to establishing the West Virginia Voluntary
Accounts Program; defining certain terms; requiring private
employers to provide employees savings opportunities; permitting
certain other savings plans; providing that the principal account
is created in the State Treasury; and providing procedures for
implementing a voluntary savings account program for employees and
employers in the private sector.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Foster:
Senate Bill No. 26--A Bill to amend and reenact §60-3-9d of
the Code of West Virginia, 1931, as amended, relating to increasing
the tax on purchases of intoxicating liquors outside corporate
limits of municipalities.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Foster:
Senate Bill No. 27--A Bill to amend of the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-6-38, relating to creating the Physicians Lien Act;
creating physician liens on claims and causes of action by injured
parties; requiring the release of physician records; requiring
adjudication of claims; and establishing priority of lien.
Referred to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 28--A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact
§22-1-3 of said code, all relating to requiring the Commissioner of
the Bureau for Public Health to conduct a public health impact
statement assessing the health impact of any new air or water rule,
or modification of an existing air or water rule, proposed by the
Secretary of the Department of Environmental Protection; and
requiring the Secretary of the Department of Environmental
Protection to incorporate findings of the impact statement into the
proposed rule.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Foster, Laird, Wells, Kessler, Chafin and White:
Senate Bill No. 29--A Bill to amend and reenact §21-5D-4 and
§21-5D-5 of the Code of West Virginia, 1931, as amended, all
relating to allowing employees to use paid accumulated sick leave
as paid family leave to care for a family member.
Referred to the Committee on Finance.
By Senators Kessler, Browning, Green, Yost, Unger and Chafin:
Senate Bill No. 30--A Bill to amend and reenact §5-10-25 of
the Code of West Virginia, 1931, as amended, relating to the Public
Employees Retirement System; and preventing reduction of disability
pensions at age sixty-five.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Sypolt, Deem, Stollings, Barnes, Laird and Hall:
Senate Bill No. 31--A Bill to amend and reenact §20-2-7 of the Code of West Virginia, 1931, as amended, relating to hunting,
trapping or fishing on lands of another person; and absolving the
landowner and his or her tenant or agent of civil liability for
injuries suffered by a person hunting, trapping or fishing on his
or her lands with or without written permission.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Facemyer and Kessler:
Senate Bill No. 32--A Bill to amend and reenact §16-9A-3 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §49-5-2 of said code, all relating to granting municipal
courts jurisdiction over juveniles who violate laws and ordinances
relating to tobacco use.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Deem, Minard, Facemire and Sypolt:
Senate Bill No. 33--A Bill to repeal §16-2F-5 of the Code of
West Virginia, 1931, as amended; to amend and reenact §16-2F-2,
§16-2F-3, §16-2F-4, §16-2F-6, §16-2F-8 and §16-2F-9 of said code;
and to amend said code by adding thereto a new section, designated
§16-2F-8a, all relating to parental notification requirements for
obtaining abortions by unemancipated minors; defining terms;
requiring proof of age prior to an abortion; providing for
substitute notification in certain instances; modifying physician
reporting requirements; providing for criminal penalties; providing
for preservation of fetal tissue in instances of sexual assault;
and providing for severability.
Referred to the Committee on Health and Human Resources; then
to the Committee on the Judiciary; and then to the Committee on
Finance.
By Senators Unger, Deem and Facemire:
Senate Bill No. 34--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§8-15B-1, §8-15B-2, §8-15B-3, §8-15B-4 and §8-15B-5, all relating
to establishing the West Virginia Volunteer Firefighter Length of
Service Act.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Unger and Foster:
Senate Bill No. 35--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§60-3A-3a; and to amend said code by adding thereto a new section,
designated §60-7-9, all relating to requiring employees of licensed
private clubs and retail outlets selling alcoholic beverages to
take the techniques for education and alcohol management course or
other similar alcohol awareness education course provided or
approved by the Alcohol Beverage Control Commissioner.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 36--A Bill to amend and reenact §49-6-5 of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§61-8D-4 of said code, all relating to parental manufacture,
possession or distribution of a controlled substance while a child is present in the home; disposition of neglected children; and
criminal penalty.
Referred to the Committee on the Judiciary.
By Senators White, Foster and Chafin:
Senate Bill No. 37--A Bill to amend and reenact §5-1-26 of the
Code of West Virginia, 1931, as amended, relating to giving the
office of the Attorney General the power to investigate and charge,
at any time, home heating oil, gasoline or other motor fuel price
gouging.
Referred to the Committee on the Judiciary.
By Senators Sypolt, Deem and Barnes:
Senate Bill No. 38--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§30-5-31, relating to allowing pharmacists and other individuals
involved in dispensing medicines to refuse to fill prescriptions or
dispense any substance that can be used as an abortifacient or that
can be used as part of an abortion-related procedure; providing
employee protection; and providing criminal penalty.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Sypolt and Deem:
Senate Bill No. 39--A Bill to amend and reenact §18B-2A-4 of
the Code of West Virginia, 1931, as amended, relating to
prohibiting abortions at state college or university medical
facilities except when the abortion is necessary to save the life
of the woman receiving the abortion.
Referred to the Committee on Health and Human Resources.
By Senators Sypolt and Deem:
Senate Bill No. 40--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§30-13A-38; and to amend said code by adding thereto a new section,
designated §31-2-16, all relating to land surveyors entering on
railroad property; providing railroad company not liable for injury
or damages sustained by land surveyor on railroad property; and
providing liability for actual damages to railroad property caused
by land surveyor.
Referred to the Committee on the Judiciary.
By Senators Sypolt and Deem:
Senate Bill No. 41--A Bill to amend and reenact §11-21-21 of
the Code of West Virginia, 1931, as amended, relating to changing
the qualifier for low income to three hundred percent or less of
the federal poverty guideline from one hundred fifty percent or
less of the federal poverty guideline for a senior citizens'
homestead tax credit.
Referred to the Committee on Finance.
By Senator Sypolt:
Senate Bill No. 42--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§8A-2-4a, relating to requiring equal number of members from each
magisterial district on county planning commissions.
Referred to the Committee on Government Organization.
By Senators Minard, Deem and Facemire:
Senate Bill No. 43--A Bill to amend and reenact §46A-7-115 of
the Code of West Virginia, 1931, as amended, relating to consumer
credit and protection generally; requiring persons engaged in
making consumer credit sales and certain other consumer-related
activities to register with the Commissioner of Banking instead of
filing a notification with the Tax Division; setting forth the
provisions of a registration form; providing for a registration
fee; and exempting certain other organizations and individuals from
the registration requirements.
Referred to the Committee on Banking and Insurance.
By Senators Minard and Facemire:
Senate Bill No. 44--A Bill to amend and reenact §50-1-9a of
the Code of West Virginia, 1931, as amended, relating to increasing
the number of allowable magistrate court deputy clerks; and
designating an additional deputy clerk for Braxton County.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Fanning and Chafin:
Senate Bill No. 45--A Bill to amend and reenact §22-6-7 of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§22-11-8 of said code, all relating to authorizing the Secretary of
the Department of Environmental Protection to sign National
Pollutant Discharge Elimination System permits.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senator Deem:
Senate Bill No. 46--A Bill to amend and reenact §5A-4-2 of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§29-1-1 of said code, all relating to placing the West Virginia
Science and Cultural Center under the authority and control of the
General Services Division of the Department of Administration.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Deem:
Senate Bill No. 47--A Bill to amend and reenact §18B-10-1 of
the Code of West Virginia, 1931, as amended, relating to tuition
and fees at institutions of higher education; and authorizing each
higher education governing board to increase fees of students
taking more hours of course work than the number of hours of course
work defined as full time.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Deem, Foster, Sypolt and Hall:
Senate Bill No. 48--A Bill to amend and reenact §29-22B-1902
of the Code of West Virginia, 1931, as amended, relating to
allowing a county commission to provide, by ordinance, for
regulation and restriction of the location of any premises in which
a limited video lottery retailer holds a license.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Deem:
Senate Bill No. 49--A Bill to amend and reenact §17-24A-1 and §17-24A-2 of the Code of West Virginia, 1931, as amended, all
relating to abandoned motor vehicles; clarifying certain
definitions; making it a misdemeanor offense to abandon a motor
vehicle which is unlicensed or inoperable, or both, upon any
private property for a period of more than thirty days unless the
vehicle is in an enclosed building; setting forth certain
exceptions; and penalties.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Caruth and Sypolt:
Senate Bill No. 50--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§33-42-9, relating to requiring that every woman seeking an
abortion be given the opportunity to see an ultrasound image of the
fetus; prescribing a criminal penalty for violations of this
section; and providing that nothing in the section can be construed
as approving of abortion.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Caruth:
Senate Bill No. 51--A Bill to amend and reenact §55-7C-3 of
the Code of West Virginia, 1931, as amended, relating to changing
the circumstances under which a qualified director of certain
governmental and nonprofit entities is relieved from civil
liability for actions conducted in the performance of managerial
functions on behalf of the entity.
Referred to the Committee on the Judiciary.
By Senators Caruth and Deem:
Senate Bill No. 52--A Bill to amend and reenact §47-23-9 and
§47-23-11 of the Code of West Virginia, 1931, as amended, all
relating to charitable raffle boards and games; prohibiting the
sale of raffle boards and games to unauthorized persons; and
prohibiting possession of charitable raffle boards and games by
unauthorized persons.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Bowman, Williams, Deem and Sypolt:
Senate Bill No. 53--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
the first $10,000 of state pensions and Social Security benefits
from West Virginia personal income tax with an increase to $15,000
for retirees who are sixty-five years old or older.
Referred to the Committee on Finance.
By Senators Hall, Barnes and Sypolt:
Senate Bill No. 54--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§16-5-20a, relating to requiring the collection of statistics
relative to abortions performed in the state.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Hall and Foster:
Senate Bill No. 55--A Bill to amend and reenact §9-3-1 and §9-3-2 of the Code of West Virginia, 1931, as amended, all relating
to eliminating the requirement of the use of a Social Security
number in securing any state services.
Referred to the Committee on the Judiciary.
By Senators Edgell, Foster, Unger, Wells, Chafin and Plymale:
Senate Bill No. 56--A Bill to amend and reenact §18A-4-2a of
the Code of West Virginia, 1931, as amended, relating to payment of
National Board for Professional Teaching Standards salary bonus to
holders subsequently employed in certain administrative and
instructional leadership positions.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Edgell and Kessler:
Senate Bill No. 57--A Bill to amend and reenact §18A-3-2a of
the Code of West Virginia, 1931, as amended, relating to
certificates and permits to coach in public schools; removing
certain limitation on such service under certain conditions; making
technical corrections; and deleting obsolete language.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Fanning, Chafin and White:
Senate Bill No. 58--A Bill to amend and reenact §22-3-30a of
the Code of West Virginia, 1931, as amended, relating to allowing
penalties collected under the Department of Environmental
Protection's blasting program to be deposited in the Special
Reclamation Fund.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance.
By Senator Deem:
Senate Bill No. 59--A Bill to amend and reenact §18A-2-9 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18A-3A-2b of said code, all relating to requiring
principals to take on greater authority and control over teachers'
classroom teaching performance; and requiring the state board to
propose rules for legislative approval designed to develop and
implement a program to train principals to act with greater control
and authority over the teachers in their schools in a manner
similar to corporate chief executive officers in order to maintain
higher standards in the classroom and promote constant professional
improvement of teachers.
Referred to the Committee on Education.
By Senators Bowman and Yost:
Senate Bill No. 60--A Bill to amend and reenact §11-21-12d of
the Code of West Virginia, 1931, as amended, relating to providing
a personal income tax adjustment to the gross income of certain
retirees receiving pensions from defined pension plans that
terminated and are being paid a reduced maximum benefit guarantee.
Referred to the Committee on Finance.
By Senators Bowman, Chafin and White:
Senate Bill No. 61--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§5-10-22k, relating to increasing benefits of certain retired state personnel by three percent July 1, 2009, and then by three percent
every five years thereafter.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Facemyer:
Senate Bill No. 62--A Bill to amend and reenact §16-9A-3 of
the Code of West Virginia, 1931, as amended, relating to increasing
the penalties for use or possession of tobacco or tobacco products
by a person under eighteen years of age; increasing fines and
community service requirements; and providing, upon a second
offense, for revocation of the person's junior or graduated
driver's license until the minor attains eighteen years of age or
if the person does not yet have a driver's license, the person is
ineligible to apply for any type of driver's license until the
minor attains eighteen years of age.
Referred to the Committee on the Judiciary.
By Senators Plymale, Jenkins and White:
Senate Bill No. 63--A Bill to amend and reenact §29-22-18a of
the Code of West Virginia, 1931, as amended, relating to increasing
the amount from the State Excess Lottery Revenue Fund that is
deposited each fiscal year into the Higher Education Improvement
Fund for higher education from $10 million to $15 million.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Kessler, Deem, Minard and Facemire:
Senate Bill No. 64--A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended, relating to providing
for a pension for volunteer firemen to enhance retention and
recruitment of volunteer firemen; and authorizing revenues
allocated to volunteer and part-volunteer fire companies and
departments to fund pensions for volunteer firemen.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Prezioso, Williams, Deem, Facemire and Chafin:
Senate Bill No. 65--A Bill to amend and reenact §5-10-15 of
the Code of West Virginia, 1931, as amended, relating to providing
that any service in the United States armed forces up to five years
is credited service toward retirement for members of the Public
Employees Retirement System.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Oliverio:
Senate Bill No. 66--A Bill to amend and reenact §18A-4-10f of
the Code of West Virginia, 1931, as amended, relating to leave
donation program; definitions; and return of personal leave days
which were donated from one school employee to another.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Bowman and Chafin:
Senate Bill No. 67--A Bill to amend and reenact §18-9A-7 of
the Code of West Virginia, 1931, as amended, relating to allocating
$15,000 to each county to be used for transporting students to school-related activities within the state; requiring approval in
advance from superintendent of schools for the county making the
request; and forfeiture of unused funds.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Bowman, Williams and Jenkins:
Senate Bill No. 68--A Bill to amend and reenact §5-10-22 of
the Code of West Virginia, 1931, as amended, relating to public
employees retirement generally; and increasing the multiplier from
two percent to two and one-quarter percent.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Bowman, Kessler, Chafin and White:
Senate Bill No. 69--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§18-7A-26v, relating to increasing benefits of certain retired
teachers by three percent July 1, 2009, and then by three percent
every five years thereafter.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Unger:
Senate Bill No. 70--A Bill to amend and reenact §15-2-33 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §15-2A-12 of said code, all relating to removing the cap on
scholarship funds for surviving dependent children of certain
deceased members of the West Virginia State Police.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Facemyer and Hall:
Senate Bill No. 71--A Bill to amend and reenact §11-15-8 of
the Code of West Virginia, 1931, as amended, relating to listing
certain professional and personal services as exempt from the
payment of the consumers sales and service tax.
Referred to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 72--A Bill to amend and reenact §48-7-107 of
the Code of West Virginia, 1931, as amended, relating to providing
for the automatic court-ordered transfer of title to marital
property upon decree of divorce.
Referred to the Committee on the Judiciary.
By Senators Barnes and Sypolt:
Senate Bill No. 73--A Bill to amend and reenact §3-8-12 of the
Code of West Virginia, 1931, as amended, relating to limitation of
distributing, handing out or otherwise dispensing public moneys by
elected officials within ninety days of elections.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Oliverio:
Senate Bill No. 74--A Bill to amend the Code of West Virginia,
1931, as amended by adding thereto a new section, designated
§18-9A-5b; and to amend and reenact §18A-4-15 of said code, all
relating to the hiring of substitute service personnel by county school boards who can be used on a daily basis but do not count
against the yearly state aid fund.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Kessler, Guills and White:
Senate Bill No. 75--A Bill to amend and reenact §11-16-19 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §49-1-4 of said code, all relating to changing the use of
alcoholic beverages by minors from a status offense to a juvenile
delinquent offense.
Referred to the Committee on the Judiciary.
By Senators Kessler, Guills, Deem, Barnes, Minard, Yost and
Laird:
Senate Bill No. 76--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§16-2L-1, relating to prohibiting state funding of abortions.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Jenkins and White:
Senate Bill No. 77--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§33-15-22; to amend said code by adding thereto a new section,
designated §33-16-18; and to amend said code by adding thereto a
new section, designated §33-16D-17, all relating to requiring
health insurers to provide full coverage for the prevention, early
detection, diagnosis and treatment of autism spectrum disorder.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Kessler, Yost and Sypolt:
Senate Bill No. 78--A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the Division of Motor Vehicles to create and issue a
Patriot Guard Riders license plate for passenger vehicles and
motorcycles.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Barnes, Guills and Sypolt:
Senate Bill No. 79--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§24-2-19, relating to the Public Service Commission generally; and
directing the Public Service Commission to promulgate rules.
Referred to the Committee on the Judiciary.
By Senators Boley and Guills:
Senate Bill No. 80--A Bill to amend and reenact §18A-4-2a of
the Code of West Virginia, 1931, as amended, relating to the salary
bonus for National Board for Professional Teaching Standards
certification; providing an exception if the certification is
renewed to the ten-year limit for receiving the bonus; and
providing that a classroom teacher holding the certification who
subsequently becomes employed as a school principal, assistant
school principal or in another position in an instructional
leadership capacity receives the salary bonus.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Prezioso, Minard, Unger and Facemire:
Senate Bill No. 81--A Bill to amend and reenact §5-5-2 of the
Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §5-5-2a; and to amend and
reenact §25-1-11d of said code, all relating to granting salary
increases to Division of Corrections' employees based on years of
service; providing retention incentives for Division of
Corrections' employees; and increasing state increment pay for
Division of Corrections' employees.
Referred to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 82--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§15-2F-1, §15-2F-2, §15-2F-3 and §15-2F-4, all relating to creating
the West Virginia State Police Higher Education Security Act.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Unger:
Senate Bill No. 83--A Bill to amend and reenact §61-8-19 of
the Code of West Virginia, 1931, as amended, relating to
prescribing minimum requirements relative to tethering or chaining
any animal; including the length and weight of chains or tethering
devices, as well as other requirements, all of which are intended
to protect animals from cruel treatment; and providing criminal penalties for violations.
Referred to the Committee on the Judiciary.
By Senators Unger and Facemire:
Senate Bill No. 84--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§8-12-12a, relating to authorizing municipalities to permit certain
veterans to park free.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Unger and Facemire:
Senate Bill No. 85--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§15-1B-27, relating to creating a fund to reimburse group life
insurance premiums paid by members of the National Guard in
exchange for and in recognition of their assumption of extended
periods of active duty in combat areas; establishing a Service
Members' Life Insurance Reimbursement Fund in the State Treasury;
requiring promulgation of emergency rules; and providing for
appropriations to the fund.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senators Unger and Chafin:
Senate Bill No. 86--A Bill to amend and reenact §15-2-20 of
the Code of West Virginia, 1931, as amended, relating to increasing
the relocation expense allotment for members of the West Virginia
State Police when the transfer necessitates relocation of the member's family.
Referred to the Committee on Finance.
By Senators Facemyer, Barnes and Hall:
Senate Bill No. 87--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5 and §55-7E-6, all
relating to filing of claims for asbestos; disclosures regarding
existing and anticipated claims involving asbestos bankruptcy
trusts; defendants' rights in asbestos action to require claimant
to show cause regarding additional bankruptcy trust claims;
certification of cause of action by court; discovery of materials
from bankruptcy trusts; value of trust claims; sanctions for
noncompliance; and rights of setoff.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Facemyer, Williams, Foster and Hall:
Senate Bill No. 88--A Bill to amend and reenact §4-11A-3 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§19-1-4 of said code; and to amend said code by adding thereto a
new section, designated §19-1-4e, all relating to the Tobacco
Settlement Fund; duties of the Commissioner of the Department of
Agriculture; duty to assist farmers to make the transition from
growing tobacco to growing other crops or pursuing other
agriculture-related businesses; creating the Transition Program for
Tobacco Farmers' Fund; and creating the Transition Program for
Tobacco Farmers.
Referred to the Committee on Agriculture; and then to the
Committee on Finance.
By Senator Deem:
Senate Bill No. 89--A Bill to amend and reenact §11-1C-11 of
the Code of West Virginia, 1931, as amended, relating to valuation
of managed timberland.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Deem:
Senate Bill No. 90--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§11-21-12i, relating to allowing a federal adjusted gross income
deduction for the amount spent on health insurance; and defining
terms.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Boley:
Senate Bill No. 91--A Bill to amend and reenact §17A-1-1 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§17A-6-1 of said code; and to amend and reenact §17F-1-9 of said
code, all relating to expanding the definition of "all-terrain
vehicle" to include all-terrain utility vehicles.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Jenkins, Williams, Guills, Barnes, Hall and
Plymale:
Senate Bill No. 92--A Bill to amend and reenact §11-13A-3b of
the Code of West Virginia, 1931, as amended, relating to
eliminating the severance tax on timber for three years.
Referred to the Committee on Finance.
By Senators Oliverio, Guills, Foster, Facemire and Chafin:
Senate Bill No. 93--A Bill to amend and reenact §5A-3B-1 and
§5A-3B-2 of the Code of West Virginia, 1931, as amended, all
relating to authorizing municipalities to enter into contracts for
energy-savings contracts.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Minard and Facemire:
Senate Bill No. 94--A Bill to amend and reenact §20-5-16 of
the Code of West Virginia, 1931, as amended, relating to allowing
the Director of the Division of Natural Resources to enter into
contracts granting long-term usage and related rights and
privileges to third parties sufficient to attract private
investment for the financing, construction and operation of
additional lodging units at Stonewall Jackson Lake State Park; and
directing the Director of the Division of Natural Resources to file
emergency and legislative rules governing any such long-term usage
contracts and related rights and privileges.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 95--A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931, as amended, relating to the
transfer and credit of surplus cash balances between funds
administered by the Commissioner of Highways.
Referred to the Committee on Finance.
By Senators White and Chafin:
Senate Bill No. 96--A Bill to amend and reenact §46A-6J-3 and
§46A-6J-5 of the Code of West Virginia, 1931, as amended, all
relating to giving the office of the Attorney General the power to
investigate and charge, at any time, home heating oil, gasoline or
other motor fuel price gouging.
Referred to the Committee on the Judiciary.
By Senators Boley and Unger:
Senate Bill No. 97--A Bill to amend and reenact §17B-3-3a,
§17B-3-3c and §17B-3-4 of the Code of West Virginia, 1931, as
amended, all relating to providing that accessible parking
violations will be considered motor vehicle violations and criminal
offenses for certain penalty and record-keeping purposes.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 98--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§60-2-11a, relating to authorizing the Alcohol Beverage Control
Commissioner and certain employees to have arrest powers; and
authorizing the carrying of a concealed weapon while performing his
or her official duties.
Referred to the Committee on the Judiciary.
By Senator White:
Senate Bill No. 99--A Bill to amend and reenact §25-4-6 of the
Code of West Virginia, 1931, as amended, relating to assignment of
youthful offenders to the custody of the Division of Corrections;
and providing that where an offender has completed the treatment
program and is returned to court for sentencing but commits a crime
between the time of release from the youthful offender center and
the sentencing hearing, the judge has the discretion to impose the
original sentence instead of releasing the offender on probation.
Referred to the Committee on the Judiciary.
By Senators Oliverio, Guills, Chafin and Hall:
Senate Bill No. 100--A Bill to amend and reenact §18A-2-3 of
the Code of West Virginia, 1931, as amended, relating to hiring of
substitute teachers.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Deem, Guills, Foster and Wells:
Senate Bill No. 101--A Bill to amend and reenact §29-22B-702
of the Code of West Virginia, 1931, as amended, relating to
prohibiting the placement of automated teller machines in
establishments that contain video lottery terminals.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Caruth and Kessler:
Senate Bill No. 102--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §9-4A-2c; and to amend and reenact §16-2D-6 of said
code, all relating to providing Medicaid coverage for ventilator
patient care at skilled nursing facilities and through private duty
nursing in the patient's home; defining terms; and revising
certificate of need standards regarding ventilator services in
skilled nursing facilities.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Sypolt, Guills, Barnes and Hall:
Senate Bill No. 103--A Bill to amend and reenact §62-3-3 of
the Code of West Virginia, 1931, as amended, relating to selection
of juries in felony cases.
Referred to the Committee on the Judiciary.
By Senators Sypolt, Guills, Barnes and Hall:
Senate Bill No. 104--A Bill to amend and reenact §52-1-8 of
the Code of West Virginia, 1931, as amended, relating to better
defining the basis for disqualification of prospective jurors.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 105--A Bill to amend and reenact §31-17-5,
§31-17-8 and §31-17-14 of the Code of West Virginia, 1931, as
amended, all relating to mortgage license provisional approval;
disclosure of fees in a mortgage loan; and administrative hearing,
appeal and scheduling procedures.
Referred to the Committee on Banking and Insurance.
By Senators Minard and Facemire:
Senate Bill No. 106--A Bill to amend and reenact §31A-8A-2 of
the Code of West Virginia, 1931, as amended, relating to permitting
West Virginia state banks or bank holding companies to acquire
out-of-state banks and bank holding companies.
Referred to the Committee on Banking and Insurance.
By Senators Minard, Jenkins, Facemire, Sypolt, Chafin and
Hall:
Senate Bill No. 107--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
Social Security income from state personal income tax.
Referred to the Committee on Finance.
By Senators Jenkins, Guills and Chafin:
Senate Bill No. 108--A Bill to amend and reenact §7-8-14 of
the Code of West Virginia, 1931, as amended, relating to requiring
defendants who are sentenced to jail to pay the costs of
incarceration; and requiring the sentencing court to conduct a
hearing at or before sentencing to determine the individual's
ability to pay the costs.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Jenkins and Deem:
Senate Bill No. 109--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §7-11-7; to amend said code by adding thereto a new
section, designated §8-21-10a; and to amend said code by adding thereto a new section, designated §20-5-23, all relating to
immunity from civil liability for operators of parks and recreation
districts.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senator Oliverio:
Senate Bill No. 110--A Bill to amend and reenact §9-5-11 of
the Code of West Virginia, 1931, as amended, relating to exempting
insurance burial policies from assignment by Medicaid recipients to
the Department of Health and Human Resources.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Jenkins and Foster:
Senate Bill No. 111--A Bill to amend and reenact §18-2-25 of
the Code of West Virginia, 1931, as amended, relating to the West
Virginia Secondary School Activities Commission; requiring
evaluation by the Legislative Auditor; and requiring board members
and officers to comply with ethical standards for elected and
appointed officials.
Referred to the Committee on Education.
By Senator Hall:
Senate Bill No. 112--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31-15-23a, relating to the creation of a fund for the
repair of bridges in certain municipalities; and providing for
administration by the West Virginia Economic Development Authority.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senator Green:
Senate Bill No. 113--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18C-1-6, relating to the recision of higher education
loans, scholarships or other financial aid from students who
receive two or more citations for an open container violation, DUI,
underage consumption, public intoxication or contributing to the
delinquency of a minor.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators Plymale, Guills and Chafin:
Senate Bill No. 114--A Bill to amend and reenact §18-5-45 of
the Code of West Virginia, 1931, as amended, relating to
professional development; increasing the employment term for
teachers; changing instructional support and enhancement days to
professional development days; allowing more of certain days to be
scheduled prior to August 26 for the purposes of preparing for the
opening of school and staff development; requiring four of certain
days to be scheduled for professional development; and requiring
that professional development conducted on certain days be
consistent with the county strategic plan.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Prezioso, Guills, Foster, Stollings and Kessler:
Senate Bill No. 115--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-9A-10, relating to prohibiting smoking of tobacco
products in a motor vehicle while an individual fourteen years of
age or less is present; setting forth legislative findings;
definitions; violation of section a secondary offense; providing
penalties; and local ordinances or regulations.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Prezioso and Foster:
Senate Bill No. 116--A Bill to amend and reenact §16-5R-7 of
the Code of West Virginia, 1931, as amended, relating to penalties
for failure to properly report pursuant to reporting requirements
of the Alzheimer's Disease Registry.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Guills, Unger and White:
Senate Bill No. 117--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
from state personal income tax obligations all monetary benefits
derived from Division of Natural Resources conservation officers'
retirement.
Referred to the Committee on Finance.
By Senator Kessler:
Senate Bill No. 118--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2B-15; and to amend and reenact §57-5-11 of said code, all relating to requiring the appropriate governmental entity
to retain any biological material that is secured in the
investigation or prosecution of a criminal case for the period of
time that a defendant remains incarcerated in connection with that
case.
Referred to the Committee on the Judiciary.
By Senator Facemyer:
Senate Bill No. 119--A Bill to amend and reenact §61-2-10b of
the Code of West Virginia, 1931, as amended, relating to providing
that the term of imprisonment for malicious assault on certain
individuals and officers, including police officers, be ten years.
Referred to the Committee on the Judiciary.
By Senator Facemyer:
Senate Bill No. 120--A Bill to amend and reenact §17C-17-9 of
the Code of West Virginia, 1931, as amended, relating to increasing
the maximum weight for six-axle tractor trailers.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Plymale and Facemire:
Senate Bill No. 121--A Bill to amend and reenact §18A-1-1 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §18A-2-9a, all relating
to setting standards for assignment of high school athletic
directors.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Unger and Facemire:
Senate Bill No. 122--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29-12-5c, relating to authorizing the State Board of
Risk and Insurance Management to provide insurance to county and
regional airport authorities and municipal airports.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Unger, Foster, Prezioso, Stollings, Jenkins and
Laird:
Senate Bill No. 123--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18C-3-1a, relating to providing a loan forgiveness
program for nurses.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Unger, Prezioso, Chafin and Boley:
Senate Bill No. 124--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2-5a, relating to compensating state troopers for
off-duty time when they are required to be on standby to be called
back to work.
Referred to the Committee on Finance.
By Senators Facemyer, Facemire and Hall:
Senate Bill No. 125--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-15, relating to the board hiring the best
qualified person for extracurricular activities.
Referred to the Committee on Education.
By Senators Facemyer, Guills, Jenkins, Laird and Chafin:
Senate Bill No. 126--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §20-2-65, relating to providing a single resident
license for all hunting, fishing and trapping; and providing that
one percent of the General Revenue Fund each fiscal year is
dedicated for use by the Division of Natural Resources.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 127--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-4C-14a, relating to authorizing emergency medical
technicians to administer epinephrine to persons suffering from an
allergy attack.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 128--A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the Division of Motor Vehicles to issue a War on
Terrorism Service Medal license plate displaying the War on
Terrorism Service Medal logo.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators McCabe and White:
Senate Bill No. 129--A Bill to amend and reenact §30-40-11 of
the Code of West Virginia, 1931, as amended, relating to licensing
real estate agents and brokers generally; and requiring the Real
Estate Licensing Commission to conduct a criminal background check
on applicants.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Plymale, Browning, Chafin and White:
Senate Bill No. 130--A Bill to amend and reenact §31-15A-7 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto two new sections, designated §31-15A-7a and
§31-15A-10a, all relating to the West Virginia Infrastructure and
Jobs Development Council; providing for the planning, construction
and expansion of new or existing water, sewer, gas,
telecommunication lines or facilities and other infrastructure
concomitant to the construction of the new roads projects;
providing a tax credit for contributions for planning, construction
or expansion of new or existing water, sewer and telecommunication
lines or facilities concomitant to the construction of the new
roads projects; and providing a tax credit for contributing to the
completion of projects recommended by the council and roads
associated with such projects.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Guills, Foster and Barnes:
Senate Bill No. 131--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17C-14-3, relating to prohibiting use of a handheld
cell phone while driving; providing exceptions; providing a penalty
for violations; and providing that points may not be assessed
against driver's license for a violation.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Chafin, Stollings, Green and Fanning:
Senate Bill No. 132--A Bill to amend and reenact §11-13A-5a of
the Code of West Virginia, 1931, as amended, relating to dedicating
a portion of revenue generated from severance taxes for the benefit
of counties and municipalities; creating fund; and providing
permissible uses for fund.
Referred to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 133--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-27-38, relating to providing a tax credit to medical
providers in an amount equal to their investment in electronic
medical records technology.
Referred to the Committee on Finance.
By Senators McCabe, Foster, Minard, Facemire and Kessler:
Senate Bill No. 134--A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §5-11A-3,
§5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to
unlawful discriminatory practices generally; prohibiting
discrimination based upon age or sexual orientation in housing;
defining "sexual orientation" and "age"; and exempting certain
religious organizations and nonprofit organizations from sexual
orientation proscriptions based upon religious beliefs or tenets.
Referred to the Committee on the Judiciary.
By Senators Barnes and Sypolt:
Senate Bill No. 135--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §33-42-10 and §33-42-11, all relating to the care of
aborted fetuses; requiring medical facilities that provide
abortions to administer anesthesia to an unborn fetus when aborted
if it is older than seven weeks; requiring all available medical
means to be used to preserve the life of a fetus if it is alive
when aborted; and providing criminal penalties for violations.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Jenkins and Deem:
Senate Bill No. 136--A Bill to amend and reenact §3-1-16 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§3-4A-11a of said code; to amend said code by adding thereto a new
section, designated §3-5-6a; to amend and reenact §3-5-7, §3-5-13
and §3-5-13a of said code; and to amend said code by adding thereto a new section, designated §3-6-2a, all relating to the nonpartisan
election of justices of the Supreme Court of Appeals; timing and
frequency of election; ballot design and printing; separation from
partisan ballot; nonpartisan election of justices; filing
announcement of candidacies; withdrawal of announcement of
candidacies; refund of paid filing fees; and ballot content and
form.
Referred to the Committee on the Judiciary.
By Senators Kessler and Foster:
Senate Bill No. 137--A Bill to amend and reenact §17A-1-1 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§17A-6-1 of said code; and to amend and reenact §17F-1-1, §17F-1-3,
§17F-1-7 and §17F-1-9 of said code, all relating to the regulation
of all-terrain vehicles; prohibiting operation on paved roads;
defining terms; and providing for regulation of all-terrain
vehicles by local government authorities.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Barnes and Sypolt:
Senate Bill No. 138--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-42-9, relating to prohibiting the performance of any
abortion when the woman seeking it is doing so solely on account of
the gender of the fetus; and prescribing a criminal penalty for
violations of this section.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 139--A Bill to amend and reenact §61-7-2 and
§61-7-10 of the Code of West Virginia, 1931, as amended, all
relating to prohibiting the purchase or attempt to purchase a
firearm from a firearm dealer by a person other than the actual
purchaser; prohibiting and punishing a person other than a
law-enforcement officer acting within the scope of duty from
soliciting a firearm dealer to convey a firearm other than to an
actual buyer; prohibiting and punishing the purchase or other
acquisition of a firearm with the intent of certain dispositions of
the same; prohibiting and punishing an attempt by a person
prohibited from possessing firearms to purchase a firearm through
a third-party purchaser; defining terms; and conforming certain
definitions to federal law.
Referred to the Committee on the Judiciary.
By Senators Guills, Deem and Sypolt:
Senate Bill No. 140--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-2L-1, relating to prohibiting subsidies to entities
that perform abortions.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Minard and Facemire:
Senate Bill No. 141--A Bill to amend and reenact §46A-6-102 of
the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46A-6-111, all
relating to defining "consumer reporting agency"; requiring
consumer reporting agencies to notify consumers of negative credit
reports in advance of their release; and providing a cause of
action and civil penalties for violations.
Referred to the Committee on Banking and Insurance.
By Senators White and Foster:
Senate Bill No. 142--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13Z-1, §11-13Z-2, §11-13Z-3, §11-13Z-4, §11-13Z-5,
§11-13Z-6, §11-13Z-7, §11-13Z-8, §11-13Z-9, §11-13Z-10, §11-13Z-11,
§11-13Z-12, §11-13Z-13, §11-13Z-14, §11-13Z-15, §11-13Z-16,
§11-13Z-17, §11-13Z-18, §11-13Z-19, §11-13Z-20 and §11-13Z-21, all
relating to taxation generally; setting forth short title; setting
forth legislative findings; defining terms; specifying method for
determining tax attributable to qualified investment; specifying
eligibility for tax credit; specifying procedures for application
for certification and for certification of project plans;
specifying limitations on certification and criteria for
certification; specifying applications for certification are public
information; specifying procedures and criteria for decertification
of projects or withdrawal or suspension of certification of
projects or decrease of amounts of credit or qualified investment
for which a project is certified; requiring audits and
investigations; specifying confidentiality of certain information;
requiring a project administration allowance to be deposited in a revolving fund for use by the Division of Tourism; establishing the
Small Tourism Business Fund as a revolving fund; providing a tax
administration allowance to be deposited in a revolving fund for
use by the Tax Division; establishing the General Tax
Administration Fund as a revolving fund; specifying method for
determining qualified investment; specifying amount of tax credit
allowed; setting forth application of credit; specifying method for
assertion of credit and filings; specifying requirements for
reporting of credit; setting forth total maximum aggregate tax
credit limitation; specifying forfeiture of unused tax credits;
specifying redetermination of credit; specifying recapture of
credit; specifying treatment for premature disposition of qualified
property; specifying treatment for premature cessation of use of
qualified property; specifying recapture tax; specifying imposition
of recapture tax; specifying application of the West Virginia Tax
Procedure and Administration Act to the recapture tax; setting
forth rules for transfer of qualified property to successors;
specifying treatment of successor businesses where predecessor is
entitled to the credit; specifying treatment of a mere change in
the form of doing business; requiring and specifying identification
of qualified tourism development property; specifying rules for
failure to keep adequate records; specifying certain credit
information to be published as public information; authorizing
audits and joint audits or examinations of taxpayers claiming the
credit and certain other persons; requiring program evaluation;
setting forth expiration date for the tax credit program; specifying preservation of vested entitlements; specifying general
procedure and administration and adoption of the West Virginia Tax
Procedure and Administration Act as applying to the tax credit; and
authorizing promulgation of regulations.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senator Barnes:
Senate Bill No. 143--A Bill to amend and reenact §61-3B-2 and
§61-3B-3 of the Code of West Virginia, 1931, as amended, all
relating to increasing penalties for certain criminal trespassing
offenses.
Referred to the Committee on the Judiciary.
By Senators Chafin and Facemire:
Senate Bill No. 144--A Bill to amend and reenact §5A-1A-4 of
the Code of West Virginia, 1931, as amended, relating to increasing
the maximum cash award the Employee Suggestion Award Board may
make; requiring the board to report to the Legislature every five
years regarding effect of inflation; and allowing the Governor to
make a secondary award for suggestions if the suggestion is
implemented in one or more additional state agencies.
Referred to the Committee on Finance.
By Senator White:
Senate Bill No. 145--A Bill to amend and reenact §12-6-2 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto two new sections, designated §12-6-12a and
§12-6-12b; to amend and reenact §12-6C-3 of said code; and to amend said code by adding thereto two new sections, designated §12-6C-9a
and §12-6C-9b, all relating to the divestiture of state moneys from
companies that do business in countries that sponsor or promote
terrorist activities.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Barnes:
Senate Bill No. 146--A Bill to amend and reenact §15-2B-6 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto thirteen new sections, designated §15-2B-15,
§15-2B-16, §15-2B-17, §15-2B-18, §15-2B-19, §15-2B-20, §15-2B-21,
§15-2B-22, §15-2B-23, §15-2B-24, §15-2B-25, §15-2B-26 and
§15-2B-27, all relating to the collection of DNA samples from
persons arrested for certain felonies.
Referred to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 147--A Bill to amend and reenact §61-6-19 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§61-7-1, §61-7-2, §61-7-11a and §61-7-14 of said code; and to amend
said code by adding thereto a new section, designated §61-7-11b,
all relating to repealing the prohibition on bringing deadly
weapons upon the State Capitol Complex; and clarifying section
prohibiting the possession of deadly weapons in courthouses to
limit such section with respect to Building One of the State
Capitol Complex.
Referred to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 148--A Bill to repeal §61-7-6a of the Code of
West Virginia, 1931, as amended; and to amend and reenact §61-7-4,
§61-7-5 and §61-7-6 of said code, all relating to carrying
concealed pistols or revolvers; extending recognition to all
licenses issued by other states to nonresidents of this state;
limitations; requiring the Attorney General to periodically notify
the governors, attorneys general and licensing authorities of other
states of such recognition; requiring the Attorney General to
negotiate and execute reciprocity agreements to secure recognition
of West Virginia licenses when required by other states as a
condition of recognizing West Virginia licenses; and creating
uniform rule concerning the requirement to carry and exhibit
license when carrying a concealed pistol or revolver for both West
Virginia licensees and licensees of other states whose licenses are
recognized in this state.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on the Judiciary.
By Senators Chafin and Facemire:
Senate Bill No. 149--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-2-31, relating to railroad employees; and
establishing criminal penalties for interfering with medical
treatment of a railroad employee injured during the course of
employment.
Referred to the Committee on the Judiciary.
By Senator Facemyer:
Senate Joint Resolution No. 1--Proposing an amendment to the
Constitution of the State of West Virginia, amending section
thirteen, article VI thereof, relating to eligibility of the
citizens of the state to seat in the Legislature; numbering and
designating such proposed amendment; and providing a summarized
statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Sypolt:
Senate Joint Resolution No. 2--Proposing an amendment to the
Constitution of the State of West Virginia, amending section
fourteen, article VII thereof, relating to creating a veto session
of the Legislature to consider bills vetoed by the Governor;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Hall:
Senate Joint Resolution No. 3--Proposing an amendment to the
Constitution of the State of West Virginia, amending article VI
thereof by adding thereto a new section, designated fifty-seven,
relating to clarifying that the Constitution does not require the
state to pay for any abortion; further clarifying that the
Constitution does not secure or protect a right to abortion;
numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Sypolt and Barnes:
Senate Joint Resolution No. 4--Proposing an amendment to the
Constitution of the State of West Virginia, amending section one-b,
article X thereof, relating to homestead exemption increase;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Facemyer:
Senate Joint Resolution No. 5--Proposing an amendment to the
Constitution of the State of West Virginia, amending article VI
thereof by adding thereto a new section, designated section fifty-
seven, relating to dedicating one percent of general revenue to the
Division of Natural Resources to be used to fund activities
intended to promote and preserve the state's wildlife resources and
to fund law-enforcement activities involving the Division of
Natural Resources; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of
such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Caruth:
Senate Joint Resolution No. 6--Proposing an amendment to the Constitution of the State of West Virginia, amending article VI
thereof by adding thereto a new section, designated section
fifty-seven, relating to clarifying that the Constitution does not
require the state to pay for any abortion; numbering and
designating such proposed amendment; and providing a summarized
statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Sypolt and Boley:
Senate Joint Resolution No. 7--Proposing an amendment to the
Constitution of the State of West Virginia, amending article III
thereof by adding thereto a new section, designated section
twenty-three, relating to the marriage protection amendment;
prohibiting the state from recognizing same sex marriages;
prohibiting the state from recognizing a legal status for
relationships that are similar to marriage; numbering and
designating such proposed amendment; and providing a summarized
statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Minard, Prezioso, Facemire, Unger and Chafin:
Senate Joint Resolution No. 8--Proposing an amendment to the
Constitution of the State of West Virginia, amending section one-b,
article X thereof, relating to homestead exemption increase;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senator Tomblin (Mr. President) announced appointment of the
standing committees of the Senate for this seventy-ninth
Legislature, and at the request of Senator Chafin, and by unanimous
consent, the complete list was ordered printed in the Journal as
follows:
STANDING COMMITTEES OF THE SENATE
2009
__________
AGRICULTURE
Senators White (
Chair), Williams (
Vice Chair), Helmick, Laird,
Minard, Palumbo, Snyder, Unger, Facemyer, Guills and Sypolt.
BANKING AND INSURANCE
Senators Minard (
Chair), Jenkins (
Vice Chair), Chafin,
Fanning, Green, Helmick, Kessler, McCabe, Palumbo, Prezioso, Deem,
Facemyer and Hall.
CONFIRMATIONS
Senators Stollings (
Chair), Chafin (
Vice Chair), Bowman,
Green, Minard, Plymale, Prezioso, Hall and Sypolt.
ECONOMIC DEVELOPMENT
Senators Browning (
Chair), Unger (
Vice Chair), Facemire,
Helmick, Kessler, McCabe, Oliverio, Snyder, Stollings, Wells,
Williams, Caruth, Facemyer and Hall.
EDUCATION
Senators Plymale (
Chair), Wells (
Vice Chair), Browning, Edgell, Foster, Green, Laird, Oliverio, Stollings, Unger, White,
Barnes, Boley and Guills.
ENERGY, INDUSTRY AND MINING
Senators Green (
Chair), Facemire (
Vice Chair), Fanning,
Helmick, Jenkins, Kessler, Minard, Stollings, Williams, Yost, Deem,
Guills and Sypolt.
FINANCE
Senators Helmick (
Chair), McCabe (
Vice Chair), Bowman, Chafin,
Edgell, Facemire, Fanning, Green, Plymale, Prezioso, Unger, Wells,
White, Boley, Facemyer, Guills and Sypolt.
GOVERNMENT ORGANIZATION
Senators Bowman (
Chair), Snyder (
Vice Chair), Browning,
Foster, Kessler, McCabe, Minard, Palumbo, White, Williams, Yost,
Boley, Caruth and Sypolt.
HEALTH AND HUMAN RESOURCES
Senators Prezioso (
Chair), Stollings (
Vice Chair), Browning,
Foster, Jenkins, Laird, Palumbo, Snyder, Unger, Yost, Boley, Guills
and Hall.
INTERSTATE COOPERATION
Senators Jenkins (
Chair), Snyder (
Vice Chair), Browning,
Palumbo, Wells, Caruth and Sypolt.
JUDICIARY
Senators Kessler (
Chair), Oliverio (
Vice Chair), Browning,
Chafin, Foster, Jenkins, Laird, Minard, Palumbo, Snyder, Stollings,
Williams, Yost, Barnes, Caruth, Deem and Hall.
LABOR
Senators Oliverio (
Chair), Williams (
Vice Chair), Bowman,
Foster, Green, Snyder, White, Yost, Barnes, Deem and Guills.
MILITARY
Senators Wells (
Chair), Yost (
Vice Chair), Edgell, Facemire,
Laird, Oliverio, Williams, Boley and Sypolt.
NATURAL RESOURCES
Senators Fanning (
Chair), Laird (
Vice Chair), Bowman, Edgell,
Facemire, Helmick, McCabe, Prezioso, Unger, White, Barnes, Deem and
Facemyer.
PENSIONS
Senators Foster (
Chair), Edgell (
Vice Chair), McCabe,
Oliverio, Plymale, Deem and Hall.
RULES
Senators Tomblin (
Chair), Bowman, Chafin, Fanning, Helmick,
Kessler, Plymale, Prezioso, Boley and Caruth.
TRANSPORTATION AND INFRASTRUCTURE
Senators Unger (
Chair), Jenkins (
Vice Chair), Facemire,
Fanning, Plymale, Stollings, White, Barnes and Facemyer.
__________
JOINT COMMITTEES
__________
ENROLLED BILLS
Senators Palumbo (
Chair), Facemire, Laird, Wells and Barnes.
__________
The President then announced the appointment of Senator
Chafin, of the County of Mingo, as majority leader of the Senate;
Senator Caruth, of the County of Mercer, as minority leader of
the Senate;
Senator Edgell, of the County of Wetzel, as the majority whip
of the Senate;
Senator Barnes, of the County of Randolph, as minority whip of
the Senate;
And,
Senator Minard, of the County of Harrison, as President
pro
Tempore of the Senate.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate recessed until 6:45
p.m. today.
Upon expiration of the recess, the Senate reconvened.
The hour of 7 p.m. having arrived, that being the time set for
the joint assembly to hear the address of His Excellency, the
Governor, the Senate recessed until ten minutes after adjournment
of the joint assembly. Members of the Senate then repaired in a
body to the hall of the House of Delegates.
***
(NOTE: For formal procedure in the joint assembly and the
address of His Excellency, the Governor, the Honorable Joe Manchin
III, see the Journal of the House of Delegates for this day.)
__________
Night Session
The joint assembly having been dissolved, the Senate returned to its chamber and resumed its regular session.
Executive Communications
Senator Tomblin (Mr. President) presented the following
communication from His Excellency, the Governor, submitting the
executive budget and annual budget bill, which was received and
read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
February 11, 2009
Senate Executive Message No. 1
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
I herewith submit, pursuant to the Constitution of the State
of West Virginia, a budget and budget bill for the fiscal year
beginning July 1, 2009.
With warmest regards,
Joe Manchin III,
Governor.
Subsequently, Senator Tomblin (Mr. President) laid before the
Senate the aforementioned annual budget bill,
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 150--A Bill making appropriations of public
money out of the Treasury in accordance with section fifty-one,
article VI of the Constitution.
Which was read by its title and referred to the Committee on
Finance.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, February 12, 2009, at 11 a.m.
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