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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
FIRST DAY
____________
Charleston, W. Va., Wednesday, January 13, 2010
Pursuant to section eighteen, article six of the Constitution
of the State of West Virginia, which prescribes that the
Legislature shall convene annually on the second Wednesday in
January, the Senate assembled in its chamber in the state capitol
in the City of Charleston, West Virginia, on this thirteenth day of
January, two thousand ten, for the second annual sixty-day session
of the seventy-ninth Legislature, and at 12 o'clock Noon was called
to order by the President, the Honorable Earl Ray Tomblin.
Prayer was offered by the Reverend Doug Craven, First
Presbyterian Church, Logan, West Virginia.
On the call of the roll, the following answered to their
names:
Senators Barnes, Boley, Bowman, Browning, Caruth, Chafin,
Deem, Edgell, D. Facemire, Foster, Green, Guills, Hall, Helmick,
Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White,
Williams, Yost and Tomblin (Mr. President).
Thirty-two members having answered to their names, the
President declared the presence of a quorum.
The following communication was reported by the Clerk:
THE SENATE OF WEST VIRGINIA
OFFICE OF THE PRESIDENT
CHARLESTON
January 13, 2010
The Honorable Darrell E. Holmes
Clerk, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. Clerk:
I am this date appointing Tony Gallo of 807 Simms Street,
Charleston, West Virginia, as Acting Doorkeeper of the West
Virginia State Senate for the remainder of the 79th Legislature.
This appointment fills the vacancy created by the death of
Billy Bevino.
Respectfully submitted,
Earl Ray Tomblin,
Senate President - Lt. Governor.
Whereupon, Mr. Gallo previously qualified as Doorkeeper by
taking the several oaths of office prescribed by law and
administered by the Honorable Earl Ray Tomblin, Senate President.
The Senate proceeded to the second order of business and the
introduction of guests.
Senator Chafin then offered the following resolution:
Senate Resolution No. 1--Raising a committee to notify the
House of Delegates that the Senate has assembled in regular
session.
Resolved by the Senate:
That a committee of three be appointed by the President to
inform the House of Delegates that the Senate has assembled in
regular sixty-day session, with a quorum present, and is ready to
proceed with the business of this regular session.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee, the following:
Senators Jenkins, Foster and D. Facemire.
Subsequently, Senator Jenkins reported that the committee had
performed the duty assigned to it.
The first message this session from the House of Delegates, by
Delegates D. Walker, Smith and Shott, announced that the House
of Delegates has assembled, with a quorum present, and is ready to
proceed with the business of this second regular session of the
seventy-ninth Legislature.
Senator Chafin offered the following resolution:
Senate Resolution No. 2--Providing for the appointment of a
committee to inform the Governor that the Legislature has assembled
in regular session.
Resolved by the Senate:
That a committee of three on the part of the Senate be
appointed by the President, to join with a similar committee on the
part of the House of Delegates, to notify His Excellency, the
Governor, that the Legislature has assembled in regular sixty-day
session, with a quorum of each house present, and is ready to receive any communication or message that he may desire to present.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee, the following:
Senators Prezioso, Stollings and Sypolt.
A message from the House of Delegates, by
Delegates T. Walker, Poore and Hamilton, announced that the
Speaker had appointed them a committee of three to join with a
similar committee on the part of the Senate under the provisions of
Senate Resolution No. 2 to wait upon the Governor. Senate and
House members of this select committee then proceeded to the
executive offices.
Subsequently, Senator Prezioso reported that the joint Senate
and House committee had performed the duty assigned to it.
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. 1--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.
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, Minard 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 Yost, Minard, Unger, Chafin and Wells:
Senate Bill No. 1--A Bill to amend and reenact §4-10-8 of the
Code of West Virginia, 1931, as amended; to amend and reenact §5F-
1-2 of said code; to amend and reenact §5F-2-1 of said code; to amend and reenact §6-7-2a of said code; and to amend and reenact
§9A-1-1, §9A-1-2 and §9A-1-4 of said code, all relating to
redesignating the Division of Veterans' Affairs the Department of
Veterans' Assistance; and providing that the department be
supervised by a secretary-level administrator.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senator Boley:
Senate Bill No. 2--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.
By Senators Green, Minard, Oliverio and D. Facemire:
Senate Bill No. 3--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto two new sections, designated
§61-3-59 and §61-3-59a, all relating to the sale of goods or
services with counterfeit mark; production or reproduction of
counterfeit mark; and penalties, including seizure and forfeiture
of counterfeit marks.
Referred to the Committee on the Judiciary.
By Senators Palumbo, Foster, McCabe and Wells:
Senate Bill No. 4--A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to motor
vehicle registration generally; providing for the issuance of a special CAMC Women and Children's Hospital license plate; and
assessing a special initial application fee and a special annual
fee therefor.
Referred to the Committee on Transportation and
Infrastructure.
By Senators Minard, Oliverio, McCabe and D. Facemire:
Senate Bill No. 5--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 Plymale, Jenkins, Edgell, White, Unger and
Oliverio:
Senate Bill No. 6--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §4-1-
24, relating to providing that faculty and staff at state
institutions of higher education are eligible to a seat in the
Legislature.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators Plymale, Jenkins and Unger:
Senate Bill No. 7--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 Kessler, Palumbo, Minard, Foster, Jenkins,
Oliverio and D. Facemire:
Senate Bill No. 8--A Bill to amend and reenact §55-7B-2 of the
Code of West Virginia, 1931, as amended, relating to adding
pharmacist and pharmacy to the definition of "health care provider"
as used in the Medical Professional Liability Act.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Jenkins and Foster:
Senate Bill No. 9--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §18-
5C-1, §18-5C-2, §18-5C-3, §18-5C-4, §18-5C-5, §18-5C-6, §18-5C-7,
§18-5C-8, §18-5C-9, §18-5C-10, §18-5C-11, §18-5C-12, §18-5C-13,
§18-5C-14, §18-5C-15, §18-5C-16, §18-5C-17, §18-5C-18 and §18-5C-
19, all relating to public education; and authorizing public
colleges or universities to sponsor community schools in
cooperation with county boards of education.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Jenkins:
Senate Bill No. 10--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 Prezioso and Foster:
Senate Bill No. 11--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 McCabe, Plymale, Foster, Palumbo and Chafin:
Senate Bill No. 12--A Bill to amend and reenact §16-13D-1,
§16-13D-2, §16-13D-8 and §16-13D-15 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto two new
sections, designated §16-13D-10a and §16-13D-10b; and to amend and
reenact §24-2-3 and §24-2-4b of said code, all relating to
authorizing regional water authorities, regional wastewater
authorities and regional water and wastewater authorities to
provide for the joint maintenance of its participating public
agencies; authorizing regional water authorities, regional
wastewater authorities and regional water and wastewater
authorities to extend service to unserved customers within its
territory; and establishing an ordinance procedure for regional
water authorities, regional wastewater authorities and regional
water and wastewater authorities.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 13--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 Barnes, Foster and Oliverio:
Senate Bill No. 14--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
special registration plates for registered nurses and licensed
practical nurses.
Referred to the Committee on Transportation and
Infrastructure.
By Senator Deem:
Senate Bill No. 15--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 McCabe, Foster, Unger, Jenkins, Wells and Chafin:
Senate Bill No. 16--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §11-
13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11-13AA-5, §11-13AA-6, §11-13AA-7, §11-13AA-8 and §11-13AA-9; and to amend said code by
adding thereto a new section, designated §11-24-9d, all relating to
taxation; providing a phased-in allowance of credits against
corporation net income tax and personal income tax for payments in
this state of ad valorem property tax on certain industrial
tangible personal property consisting of machinery and equipment;
and allowing a transitional credit against the portion of a
taxpayer's corporation net income tax relating to the change to
combined reporting, with the amount of the credit being measured by
the taxpayer's payments in this state of ad valorem property tax on
certain industrial tangible personal property consisting of
machinery and equipment.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Bowman, Minard, Yost and Chafin:
Senate Bill No. 17--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 Senator Deem:
Senate Bill No. 18--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-
21-12j, 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 Wells:
Senate Bill No. 19--A Bill to amend and reenact §18A-3-2b of
the Code of West Virginia, 1931, as amended, relating to teacher
induction; teacher mentor stipend; enforcement of teacher mentor
provisions; teacher mentor selection; limited authority to select
teacher from a different school; and summer academy for beginning
teachers.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Sypolt:
Senate Bill No. 20--A Bill to amend and reenact §5G-1-1, §5G-
1-2, §5G-1-3 and §5G-1-4 of the Code of West Virginia, 1931, as
amended, all relating to requiring the State of West Virginia and
its political subdivisions to procure surveying services on the
basis of demonstrated competence and qualification for the type of
surveying services required; and setting forth the selection
processes for projects both greater than and less than $250,000.
Referred to the Committee on Government Organization.
By Senator Sypolt:
Senate Bill No. 21--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 Senator Sypolt:
Senate Bill No. 22--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. 23--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 Senator Foster:
Senate Bill No. 24--A Bill to amend and reenact §30-5-14 of
the Code of West Virginia, 1931, as amended, relating to the
registration and permits for operation of pharmacies; and
forbidding the sale of tobacco products in licensed pharmacies.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Wells, Jenkins, Oliverio, Williams, McCabe and D.
Facemire:
Senate Bill No. 25--A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to increasing the
salary of the Adjutant General.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Sypolt:
Senate Bill No. 26--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §18-
2-38, relating to requiring the State Board of Education to create
a school drug safety program; and specifying minimum requirements
for the program.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Wells and Green:
Senate Bill No. 27--A Bill to amend and reenact §60A-11-3 of
the Code of West Virginia, 1931, as amended, relating to requiring
the Department of Health and Human Resources to provide a list of
applicable contaminated properties where clandestine drug
laboratories had operated for review on the internet by the general
public.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 28--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 Senator Sypolt:
Senate Bill No. 29--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 Senator Barnes:
Senate Bill No. 30--A Bill to amend and reenact §21-5A-5 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §21-5A-10a, all
relating to calculating the West Virginia prevailing wage on
federally funded construction projects to be identical to the
methodology used in the federal Davis-Bacon Act; and exempting
projects that are less than $250,000 from the State of West
Virginia prevailing wage.
Referred to the Committee on Labor; and then to the Committee
on Finance.
By Senator Sypolt:
Senate Bill No. 31--A Bill to amend and reenact §22A-2-66 of
the Code of West Virginia, 1931, as amended, relating to allowing
the Director of the Office of Miners' Health, Safety and Training
flexibility when determining the appropriate penalty to impose
against operators who fail to provide immediate notice upon the
occurrence of a mining accident; and increasing allowable reporting
time.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Bowman and Yost:
Senate Bill No. 32--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 Senator Deem:
Senate Bill No. 33--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 Finance.
By Senator Deem:
Senate Bill No. 34--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. 35--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 Culture 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. 36--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-
21-12j, 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 K. Facemyer and Wells:
Senate Bill No. 37--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 most qualified person for
extracurricular activities.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Wells and D. Facemire:
Senate Bill No. 38--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §15-
1F-11, relating to creating the West Virginia Service Members Civil
Relief Act.
Referred to the Committee on Military; and then to the
Committee on the Judiciary.
By Senator Wells:
Senate Bill No. 39--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §5A-11-9, relating to requiring the Public Land Corporation to seek
free gas rights from natural gas lessors on public lands; and
providing an annual report to the Legislature.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 40--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 McCabe, Minard, Foster, Palumbo and Chafin:
Senate Bill No. 41--A Bill to amend and reenact §8A-5-12 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§16-13E-2, §16-13E-4 and §16-13E-7 of said code; and to amend said
code by adding thereto a new section, designated §16-13E-10a, all
relating to community enhancement districts; procedures relating to
creation or expansion thereof; vesting period for an approved land
development plan and plat; and clarifying the applicability of
certain statutory provisions to such construction under certain
circumstances.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators McCabe, Foster, Unger, Palumbo and Chafin:
Senate Bill No. 42--A Bill to amend and reenact §8-38-3, §8-
38-4, §8-38-5, §8-38-7, §8-38-10, §8-38-12, §8-38-15, §8-38-16, §8-
38-17 and §8-38-20 of the Code of West Virginia, 1931, as amended,
all relating to revising the Municipal Economic Opportunity
Development District Act; correcting certain errors and
inconsistencies contained therein; and enhancing the ability of the
act to generate economic development in the state.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senator Oliverio:
Senate Bill No. 43--A Bill to amend and reenact §8-14-19 of
the Code of West Virginia, 1931, as amended, relating to allowing
police officers to run for office except in the municipality where
they work.
Referred to the Committee on the Judiciary.
By Senators Kessler and Yost:
Senate Bill No. 44--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §11-
13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11-13AA-5, §11-13AA-6,
§11-13AA-7, §11-13AA-8 and §11-13AA-9, all relating to establishing
a tax credit for medical providers who provide services at no
charge to free health clinics in the state; setting the amount of
tax credit; and authorizing the Tax Commissioner to promulgate
rules.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Jenkins and Plymale:
Senate Bill No. 45--A Bill to amend and reenact §17A-1-1 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§17A-3-4 of said code; and to amend and reenact §17A-3A-2 and §17A-
3A-3 of said code, all relating to the registration of mini-trucks;
the operation of mini-trucks by municipalities; exempting mini-
trucks from title requirements; exempting sellers from any
requirement to modify mini-trucks to comply with any federal law;
exempting the seller from making certain disclosures to purchasers;
and defining a term.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Government
Organization.
By Senators Unger, Oliverio and Williams:
Senate Bill No. 46--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 Senator White:
Senate Bill No. 47--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 White:
Senate Bill No. 48--A Bill to amend and reenact §23-4-6 of the
Code of West Virginia, 1931, as amended, relating to workers'
compensation benefits; and extending permanent total disability
benefits to claimants for life.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Sypolt:
Senate Bill No. 49--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 Senator Sypolt:
Senate Bill No. 50--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 Senators Wells, D. Facemire and Chafin:
Senate Bill No. 51--A Bill to amend and reenact §48-9-205 of
the Code of West Virginia, 1931, as amended, relating to requiring permanent parenting plans to contain a provision concerning a
possible deployment or call to duty if either parent is a member of
the National Guard or military reserve.
Referred to the Committee on Military; and then to the
Committee on the Judiciary.
By Senators Guills and Foster:
Senate Bill No. 52--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 Foster, White and Chafin:
Senate Bill No. 53--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §5-
10-22k; and to amend said code by adding thereto a new section,
designated §18-7A-26v, all relating to providing one-time three
percent supplement to all public employee and teacher annuitants
when reaching the age of seventy.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Foster:
Senate Bill No. 54--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §30-
5-12a, relating to prescription and pharmacy data privacy; establishing legislative intent; prohibiting disclosure of certain
data; requiring legislative rules; creating penalties; and
providing for enforcement.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator K. Facemyer:
Senate Bill No. 55--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 Senator K. Facemyer:
Senate Bill No. 56--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 Senator Bowman:
Senate Bill No. 57--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §19-1B-15, relating to timbering operators; requiring repair and
restoration of roads; and providing civil and criminal penalties.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Barnes and McCabe:
Senate Bill No. 58--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §20-
2-5h, relating to permitting Sunday hunting on licensed shooting
preserves.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senator Barnes:
Senate Bill No. 59--A Bill to amend and reenact §30-40-4 of
the Code of West Virginia, 1931, as amended, relating to requiring
individuals who lease property for their subsurface rights to be
licensed under the Real Estate License Act.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 60--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§36-1-25, relating to requiring lessors of subsurface rights to
state with specificity what surface rights are also being acquired.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 61--A Bill to amend and reenact §36-1-3 of the Code of West Virginia, 1931, as amended, relating to requiring all
contracts for the sale or lease of real property over five acres to
state with specificity the estate being transferred and the estate,
if any, being reserved.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 62--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. 63--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §29-
5A-3a, relating to authorizing mixed martial arts competitions; and
authorizing the State Athletic Commission to propose rules.
Referred to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 64--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto two new sections, designated
§33-42-9 and §33-42-10, 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 Senator Barnes:
Senate Bill No. 65--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 Senator Barnes:
Senate Bill No. 66--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 Senators Wells, D. Facemire and Chafin:
Senate Bill No. 67--A Bill to amend and reenact §48-9-404 of
the Code of West Virginia, 1931, as amended, relating to custody of
children; and prohibiting a parent's military service from being a
factor in modification of a parenting plan.
Referred to the Committee on Military; and then to the
Committee on the Judiciary.
By Senators Minard, Unger, Oliverio and D. Facemire:
Senate Bill No. 68--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 McCabe, White, Foster, Unger, Palumbo and Chafin:
Senate Bill No. 69--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §11-
13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11-13AA-5, §11-13AA-6,
§11-13AA-7, §11-13AA-8, §11-13AA-9, §11-13AA-10, §11-13AA-11, §11-
13AA-12, §11-13AA-13, §11-13AA-14 and §11-13AA-15, all relating to
authorizing a tax credit against business franchise tax, corporate
net income tax or personal income tax for eligible expenditures
incurred in placing in service a residential or nonresidential
energy efficient building.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators McCabe, Foster, Unger, Palumbo and Chafin:
Senate Bill No. 70--A Bill to amend and reenact §11-8-6e of
the Code of West Virginia, 1931, as amended, relating to the
clarification in the code that a municipality or county issuing
bonds approved by an election pursuant to article one, chapter
thirteen of said code is not subject to the restriction described
in subsection (c), section six-e, article eight, chapter eleven of
said code.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Prezioso, Plymale, Minard, Unger, Kessler and D.
Facemire:
Senate Bill No. 71--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 Senators Prezioso, Green and Unger:
Senate Bill No. 72--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 Senators Prezioso and D. Facemire:
Senate Bill No. 73--A Bill to amend and reenact §29-6-4 of the
Code of West Virginia, 1931, as amended, relating to expanding the
number of hours temporary state personnel may work in a calendar
year.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Prezioso, Unger and Chafin:
Senate Bill No. 74--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 Prezioso:
Senate Bill No. 75--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 Senator Jenkins:
Senate Bill No. 76--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 Plymale:
Senate Bill No. 77--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 McCabe and Minard:
Senate Bill No. 78--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 and Jenkins:
Senate Bill No. 79--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, any officer or agent of a nonprofit state park or
forest foundation 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 Jenkins, Plymale and Oliverio:
Senate Bill No. 80--A Bill to amend and reenact §23-2-1 of the
Code of West Virginia, 1931, as amended, relating to providing that
taxicab companies are not required to subscribe to or pay into the
Workers' Compensation Fund by having insurance policies approved by
the Insurance Commissioner.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Jenkins, Foster and Stollings:
Senate Bill No. 81--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §16-
5W-1, §16-5W-2, §16-5W-3, §16-5W-4, §16-5W-5, §16-5W-6 and §16-5W-
7, all relating to creating the West Virginia Official Prescription
Program Act; requiring prescriptions to be written on an official
tamper-proof form; requiring the promulgation of rules; reporting
requirements; and defining terms.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Jenkins, Oliverio and Stollings:
Senate Bill No. 82--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 Senator Kessler:
Senate Bill No. 83--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 certain governmental entities and circuit courts to
retain and preserve biological material for possible DNA testing
that is gathered in the investigation or prosecution of a criminal
case for the period of time that a defendant remains incarcerated
in connection with that case; and establishing criminal penalties.
Referred to the Committee on the Judiciary.
By Senators Jenkins and Plymale:
Senate Bill No. 84--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 Senators McCabe, Green and Foster:
Senate Bill No. 85--A Bill to repeal §16-27A-1 and §16-27A-2
of the Code of West Virginia, 1931, as amended, relating to the ban
on construction of nuclear power plants.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Kessler and Edgell:
Senate Bill No. 86--A Bill to amend and reenact §5-15-4 of the Code of West Virginia, 1931, as amended, relating to requiring that
handicap restroom facilities and stalls in all public places be
constructed with two handrails or grab bars to accommodate persons
in wheelchairs and other persons who need assistance.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Kessler, Edgell, Foster and Laird:
Senate Bill No. 87--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §46A-
2-140, relating to the prevention of predatory lending practices.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Plymale, Green and Jenkins:
Senate Bill No. 88--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 Schedule 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 Senator Kessler:
Senate Bill No. 89--A Bill to amend and reenact §8-14-6 and
§8-14-17 of the Code of West Virginia, 1931, as amended, all
relating to reinstating former chiefs of police to previously held
positions within the paid police department following expiration of
term as chief; and providing for appointment of deputy chiefs of
police.
Referred to the Committee on Government Organization.
By Senators Plymale and Jenkins:
Senate Bill No. 90--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §61-
3-11a, relating to the manufacture or possession of burglary tools;
and penalties.
Referred to the Committee on the Judiciary.
By Senators Williams and Oliverio:
Senate Bill No. 91--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-
14C-5a, relating to reducing the wholesale tax on heating fuel,
off-road fuel, kerosene and propane used for home heating purposes
or off-road use to four and eighty-five hundredths percent; and
effective date of January 1, 2011.
Referred to the Committee on Finance.
By Senators Yost, Unger, Williams, D. Facemire and Chafin:
Senate Bill No. 92--A Bill to amend and reenact §2-2-1 of the
Code of West Virginia, 1931, as amended, relating to state
holidays; designating December 7 of each year as "West Virginia
Patriots of World War II Day"; and making it a state holiday.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senators Yost, Unger, D. Facemire and Chafin:
Senate Bill No. 93--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §20-
5-19a, relating to providing a fifty percent discount to members of
the West Virginia National Guard and the West Virginia National Guard Reserve in campground rental fees in state parks.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Yost, White, Jenkins, D. Facemire and Chafin:
Senate Bill No. 94--A Bill to amend and reenact §20-2-42c of
the Code of West Virginia, 1931, as amended, relating to allowing
members of the West Virginia National Guard or its reserve to
obtain free hunting and fishing licenses while serving in the West
Virginia National Guard or its reserve; and license for life upon
full retirement.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Yost and Wells:
Senate Bill No. 95--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
all military, National Guard and reserve income from state income
taxes.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senator Yost:
Senate Bill No. 96--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §29-
6A-1, §29-6A-2, §29-6A-3, §29-6A-4, §29-6A-5, §29-6A-6, §29-6A-7,
§29-6A-8, §29-6A-9, §29-6A-10, §29-6A-11, §29-6A-12, §29-6A-13,
§29-6A-14, §29-6A-15, §29-6A-16, §29-6A-17, §29-6A-18, §29-6A-19,
§29-6A-20, §29-6A-21, §29-6A-22, §29-6A-23, §29-6A-24, §29-6A-25
and §29-6A-26, all relating to promoting orderly and constructive employment relations between the state and its employees;
increasing the efficiency of the state; ensuring the health and
safety of the citizens of this state; requiring the state to
recognize, negotiate and bargain with employee organizations
representing state employees and to enter into written agreements
evidencing the result of bargaining; and encouraging labor peace
through the establishment of standards and procedures which protect
the rights of the state, the state's employees and the citizens of
this state.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator White:
Senate Bill No. 97--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §46A-
2-140, relating to the prevention of predatory lending practices.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 98--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.
By Senator White:
Senate Bill No. 99--A Bill to amend and reenact §20-2-27 and §20-2-28 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §20-2-
42x, all relating to senior resident lifetime hunting, fishing and
trapping license and fee of $15; and allowing persons who are
sixty-five years of age before January 1, 2011, to remain exempt
from the purchase of the license.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators White, Jenkins and Chafin:
Senate Bill No. 100--A Bill to amend and reenact §23-4-1 of
the Code of West Virginia, 1931, as amended, relating to providing
a rebuttable presumption that a volunteer firefighter has developed
a pulmonary disease or sustained a cardiovascular injury for
workers' compensation benefits provided certain conditions of
employment have been met; eliminating the rebuttable presumption
that cardiovascular disease is a compensable injury for
firefighters; and changing the six-month time frame for certain
firefighter injuries to six weeks.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator White:
Senate Bill No. 101--A Bill to amend and reenact §22-11-8 of
the Code of West Virginia, 1931, as amended, relating to the Water
Pollution Control Act; prohibiting new permits or modifications of
existing permits for underground injection of coal slurry; and
requiring submission of certain studies to the Legislature.
Referred to the Committee on Energy, Industry and Mining; then to the Committee on the Judiciary; and then to the Committee on
Finance.
By Senator White:
Senate Bill No. 102--A Bill to amend and reenact §46A-6J-5 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 Yost, White, Minard and Kessler:
Senate Bill No. 103--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
all military retirement income from state income tax.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senator Unger:
Senate Bill No. 104--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; and providing rule-making authority.
Referred to the Committee on Labor.
By Senator White:
Senate Bill No. 105--A Bill to amend and reenact §11-1A-11 of
the Code of West Virginia, 1931, as amended, relating to exempting
owners, with the exception of corporations or partnerships, of one
hundred acres or less of contiguously connected real property from
increased valuation and assessment as natural resources property on
reserve coal properties; defining "small property owner"; extending
the exemption for an owner or owners of two or more tracts of
contiguously connected real property of one hundred acres or less;
requiring an affidavit that coal will not be mined or transferred;
and providing for increased assessment and payment of interest if
coal is later mined.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Chafin, Green, Minard, D. Facemire and Stollings:
Senate Bill No. 106--A Bill to amend and reenact §8-15-8b of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §8-15-8d; and to amend
said code by adding thereto a new section, designated §33-3-34, all
relating to dedicating a new twenty one hundredths of one percent
surcharge on the policyholder of any fire insurance policy or
casualty insurance policy issued in this state to defray costs
incurred by qualified volunteer and part-volunteer fire companies
and departments that provide benefits to their members under a
qualified Length of Service Awards Program.
Referred to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 107--A Bill to amend and reenact §44-10-4 of the Code of West Virginia, 1931, as amended, relating to the right
of a minor possessed of an estate to nominate a guardian.
Referred to the Committee on the Judiciary.
By Senators Chafin and Green:
Senate Bill No. 108--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 Government Organization; and then
to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 109--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 Chafin:
Senate Bill No. 110--A Bill to amend and reenact §16-30-3,
§16-30-4 and §16-30-5 of the Code of West Virginia, 1931, as
amended, all relating to medical powers of attorney; providing
additional requirements to medical powers of attorney; and defining
a new term.
Referred to the Committee on the Judiciary.
By Senator D. Facemire:
Senate Bill No. 111--A Bill to amend and reenact §22-3-8 of
the Code of West Virginia, 1931, as amended, relating to
environmental permitting of surface coal mining; and correcting
antiquated language with respect to the state agencies charged with
cooperating with the Department of Environmental Protection to
ensure that permit applicants comply with certain fiscal and
reporting requirements imposed by the state's unemployment
compensation and workers' compensation laws.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senator Fanning:
Senate Bill No. 112--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 Fanning:
Senate Bill No. 113--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 §33-15-4k; to amend said
code by adding thereto a new section, designated §33-16-3v; to
amend said code by adding thereto a new section, designated §33-24-
7k; to amend said code by adding thereto a new section, designated
§33-25-8i; and to amend said code by adding thereto a new section,
designated §33-25A-8j, 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 Senator Minard:
Senate Bill No. 114--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 Snyder and Unger:
Senate Bill No. 115--A Bill to amend and reenact §11-21-10a of
the Code of West Virginia, 1931, as amended, relating to raising
the tax credit for nonfamily adoptions to $4,000.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Snyder:
Senate Bill No. 116--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-4-21, relating to property value assessment
adjustments when ten percent or more of sales of real property are foreclosure sales.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Stollings and Chafin:
Senate Bill No. 117--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17-3B-1, relating to establishing an Innovative Highway
Projects Pilot Program; and creating a sunset provision for the
program.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Stollings and Foster:
Senate Bill No. 118--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-43-1 and §16-43-2, all relating to tanning
facilities; definitions; and consent required for minor using
tanning device or facility.
Referred to the Committee on the Judiciary.
By Senators Minard and White:
Senate Bill No. 119--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 Senator Stollings:
Senate Bill No. 120--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §16-3-4a; and to amend and reenact §18-28-6 of said
code, all relating to requiring all children who enter a public or
private school for the first time, whether it be in kindergarten or
first grade, to provide adequate proof of having undergone a dental
examination by a licensed dentist; misdemeanor offense for failure
to obtain dental examination; and penalty.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Education.
By Senator Browning:
Senate Bill No. 121--A Bill to amend and reenact §18A-2-3 of
the Code of West Virginia, 1931, as amended, relating to changing
the phrase "employment term" to "contract term" as it relates to
employment of retired teachers as substitutes in areas of critical
need.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Browning:
Senate Bill No. 122--A Bill to amend and reenact §27-4-1 and
§27-4-3 of the Code of West Virginia, 1931, as amended, all
relating to increasing the age of consent that a minor may refuse
mental health treatment from twelve to eighteen; and clarifying
that the state not be obligated to pay for voluntary
hospitalization.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Browning and Green:
Senate Bill No. 123--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to reducing
state income tax liability for certain retired public employees;
increasing the amount of retirement income received from certain
state and federal retirement systems that is excluded from the
calculation of income subject to state personal income taxes; and
establishing an effective date for the increased exclusion.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Browning:
Senate Bill No. 124--A Bill to amend and reenact §18-7A-14b of
the Code of West Virginia, 1931, as amended, relating to increasing
the time for a member of the State Teachers Retirement System to
make contributions for credited service during periods of temporary
total disability under workers' compensation; and providing
retroactive period of additional two years.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Browning:
Senate Bill No. 125--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-97, 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 Senator Green:
Senate Bill No. 126--A Bill to amend and reenact §29B-1-4 of the Code of West Virginia, 1931, as amended, relating to exemptions
from disclosure under the Freedom of Information Act.
Referred to the Committee on the Judiciary.
By Senators Oliverio and Unger:
Senate Bill No. 127--A Bill to amend and reenact §11-13U-10 of
the Code of West Virginia, 1931, as amended, relating to
reinstating the high-growth business investment tax credit.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Palumbo, Plymale and Foster:
Senate Bill No. 128--A Bill to amend and reenact §44-10-14 of
the Code of West Virginia, 1931, as amended, relating to
authorizing that net settlement proceeds held for a minor may be
invested in a Smart 529 college savings plan.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Guills:
Senate Bill No. 129--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-3-59, relating to small, women- and minority-owned
businesses.
Referred to the Committee on the Judiciary.
By Senators Palumbo, Foster, Oliverio and McCabe:
Senate Bill No. 130--A Bill to amend and reenact §17C-15-49 of
the Code of West Virginia, 1931, as amended, relating to making the
offense of failure to wear safety belts a primary offense.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senator Oliverio:
Senate Bill No. 131--A Bill to amend and reenact §18A-4-10f of
the Code of West Virginia, 1931, as amended, relating to leave
donation program; eligibility for receiving the donated leave;
purpose for which the leave was transferred; and return of personal
leave days that were donated from one school employee to another.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Oliverio:
Senate Bill No. 132--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 Oliverio and Minard:
Senate Bill No. 133--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 Senator Oliverio:
Senate Bill No. 134--A Bill to amend and reenact §8-16-5 of
the Code of West Virginia, 1931, as amended, relating to expanding the power of municipal parking authority officers to ticket for all
parking violations.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Oliverio and Minard:
Senate Bill No. 135--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-97, 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 Minard, Oliverio, McCabe and D. Facemire:
Senate Bill No. 136--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 Senator Minard:
Senate Bill No. 137--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 Senator Minard:
Senate Bill No. 138--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-16-18a, relating to underwriting of nonstate employer
groups by the Public Employees Insurance Agency.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 139--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 Senators Browning and Green:
Senate Bill No. 140--A Bill to amend and reenact §18-7A-3 of
the Code of West Virginia, 1931, as amended, relating to including
service as a member of a county board of education to be included
as credit for service for the State Teachers Retirement System.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Browning:
Senate Bill No. 141--A Bill to amend and reenact §18-9A-24 of
the Code of West Virginia, 1931, as amended, relating to adding
professional student support personnel to the foundation allowance
for the Public Employees Insurance Agency for school employees; and requiring the annual contribution established by the Public
Employees Insurance Agency Finance Board of any proportionate share
of the retirees' subsidy be added to insurance premiums.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Jenkins and Oliverio:
Senate Bill No. 142--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 and §55-7E-5, 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 Boley, Plymale and Foster:
Senate Bill No. 143--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 Chafin, White and Oliverio:
Senate Bill No. 144--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 Government Organization; and then
to the Committee on Finance.
By Senators Kessler, White, Jenkins and Laird:
Senate Bill No. 145--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 Senator Kessler:
Senate Bill No. 146--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 Senator Boley:
Senate Bill No. 147--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §19-20-26, relating to commercial dog-breeding
operations; definitions; commercial dog breeder required to have a
valid business license; requirements for maintaining a commercial
dog-breeding operation; cooperation with inspections by animal
control officers to ensure compliance with state and federal animal
care laws; and criminal penalties.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senator Boley:
Senate Bill No. 148--A Bill to amend and reenact §49-7-1 of
the Code of West Virginia, 1931, as amended, relating to allowing
the name and age of a child, who has attained the age of ten years,
and the offense with which he or she is charged to be released to
the general public in cases in which the child has been found
guilty of juvenile delinquency for any offense which would be a
misdemeanor or felony if it was committed by an adult.
Referred to the Committee on the Judiciary.
By Senators Stollings, Minard, Foster and Oliverio:
Senate Bill No. 149--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §55-7-26, relating to liability of physicians who render
services to youth camps and programs; limiting liability; and providing exceptions.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator White:
Senate Bill No. 150--A Bill to amend and reenact §5-1-26 of
the Code of West Virginia, 1931, as amended, relating to providing
the Attorney General with the authority to investigate and charge
persons engaged in home heating oil, gasoline or other motor fuel
price gouging.
Referred to the Committee on the Judiciary.
By Senators White and Oliverio:
Senate Bill No. 151--A Bill to amend and reenact §18-7A-13a of
the Code of West Virginia, 1931, as amended, relating to lifting
the cap on the number of days that certain retired teachers can
work and continue to draw their retirement benefits from the State
Teachers Retirement System.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Green and D. Facemire:
Senate Bill No. 152--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-2-8a, relating to making it illegal to transport a
minor across state lines to obtain an abortion without written
consent by both parents; and providing for a misdemeanor penalty.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Green:
Senate Bill No. 153--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-2I-11, relating to reporting requirements for
physicians and the Department of Health and Human Resources when it
is suspected that a woman has suffered injury or death due to an
induced abortion; contents of the reports; duties of the
department; and providing criminal penalties.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators McCabe, Foster, Kessler and Palumbo:
Senate Bill No. 154--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; to amend said code by adding thereto a
new section, designated §5-11-9a; 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"; correcting internal
citations; exempting religious institutions from the sexual
orientation proscriptions of this bill when such employment
comports with specific criteria; and defining "religious
institutions".
Referred to the Committee on the Judiciary.
By Senators Bowman and Minard:
Senate Bill No. 155--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 Foster and White:
Senate Bill No. 156--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, or
modification to, 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 Senator Foster:
Senate Bill No. 157--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; 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 providing 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 Senator K. Facemyer:
Senate Bill No. 158--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 K. Facemyer, Williams and D. Facemire:
Senate Bill No. 159--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 Sypolt:
Senate Bill No. 160--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 Senator K. Facemyer:
Senate Bill No. 161--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 Kessler and Unger:
Senate Bill No. 162--A Bill to amend and reenact §11-13A-2 and
§11-13A-3 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §11-27-
38, all relating to eliminating the severance tax and the health
care provider tax on behavioral health providers.
Referred to the Committee on Finance.
By Senator McCabe:
Senate Bill No. 163--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §13-2H-1, §13-2H-2, §13-2H-3, §13-2H-4, §13-2H-5, §13-
2H-6, §13-2H-7, §13-2H-8, §13-2H-9, §13-2H-10 and §13-2H-11; and to
amend and reenact §29-22C-27 of said code, all relating to the
authorization of municipalities, county commissions and certain
boards of education to issue revenue bonds secured by lottery
revenue for the purpose of acquiring or constructing public
projects.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Sypolt and Williams:
Senate Bill No. 164--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 of bringing certain
weapons upon the State Capitol Complex; permitting loaded firearms
in locked motor vehicles, other than school buses, on school
property; permitting property owner to prohibit deadly weapons on
his or her property; defining terms; and establishing penalties.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 165--A Bill to amend and reenact §18-1-1 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§18A-3-1 and §18A-3-1a of said code; to amend and reenact §18A-4-1, §18A-4-4 and §18A-4-8 of said code; to amend and reenact §18B-1B-4
of said code; to amend and reenact §18B-2B-6 of said code; to amend
and reenact §18C-6-2 of said code; to amend and reenact §18C-7-3 of
said code; and to amend and reenact §30-32-17 of said code, all
relating to clarification for graduates of accredited institutions
of higher education; and alleviating the shortage of certified
teachers in West Virginia.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Deem:
Senate Bill No. 166--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 Unger, Edgell, White, Plymale, Minard, Foster,
Jenkins, Oliverio, Laird and Bowman:
Senate Bill No. 167--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17C-14-15, relating to establishing the unlawful use of
a wireless communication device by texting while operating a motor
vehicle on a street or highway a misdemeanor offense; providing
exceptions and conditions for certain lawful uses; definitions;
penalties; and limitation of enforcement.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senator White:
Senate Bill No. 168--A Bill to amend and reenact §17C-17A-5,
§17C-17A-6, §17C-17A-9 and §17C-17A-10 of the Code of West
Virginia, 1931, as amended, all relating to the commercial
transportation of coal; establishing when a shipper's permit is
required; providing sanctions for failure to pay certain
assessments; and revising methodology for calculation of
administrative sanctions and penalties for excess weights.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance.
By Senators Browning and Plymale:
Senate Bill No. 169--A Bill to amend and reenact §31-15-2 and
§31-15-4 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated
§31-15-12b, all relating to the West Virginia Economic Development
Authority; legislative findings; definitions; and providing that,
in developing criteria for loans to a tourism project, the
authority shall not require that any specific number of jobs are or
will be created by the project, nor that any existing jobs or jobs
to be created by the project are to meet any specific compensation
levels, nor that any existing jobs or jobs be created by the
project provide any specific employee benefits.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senator Barnes:
Senate Bill No. 170--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 Wells and White:
Senate Bill No. 171--A Bill to amend and reenact §11-21-22 and
§11-21-22b of the Code of West Virginia, 1931, as amended, all
relating to personal income tax; and authorizing a refundable tax
credit based on federal poverty guidelines.
Referred to the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 172--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-10b, relating to providing an earned income tax
credit from the state personal income tax for certain taxpayers
with qualifying children.
Referred to the Committee on Finance.
By Senators Green, Edgell, Minard and D. Facemire:
Senate Bill No. 173--A Bill to amend and reenact §61-3C-14a of
the Code of West Virginia, 1931, as amended, relating to unlawful
obscene, anonymous, harassing and threatening communications by
computer; and establishing penalties.
Referred to the Committee on the Judiciary.
By Senators Plymale, Jenkins and Oliverio:
Senate Bill No. 174--A Bill to amend and reenact §11-24-43a of
the Code of West Virginia, 1931, as amended, relating to
eliminating certain provisions terminating the deposit of moneys in
the Special Railroad and Intermodal Enhancement Fund; and
eliminating limit on the total amount to be deposited into the fund
for the year 2016.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senator McCabe:
Senate Bill No. 175--A Bill to repeal §11-12-86 of the Code of
West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29-
3-25 and §29-3-26 of said code; and to amend said code by adding
thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3,
§29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-
10, §29-3E-11, §29-3E-12, §29-3E-13, §29-3E-14, §29-3E-15, §29-3E-
16, §29-3E-17 and §29-3E-18, all relating generally to revising,
consolidating and codifying the laws relating to fireworks;
regulating purchase, possession, sale and use of fireworks;
providing for civil money penalties, criminal penalties and
remedies; and prescribing powers and duties of certain state agencies.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Deem and Foster:
Senate Bill No. 176--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 Senator Caruth:
Senate Bill No. 177--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 abortion.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Caruth:
Senate Bill No. 178--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 Senator Caruth:
Senate Bill No. 179--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 Senator Caruth:
Senate Bill No. 180--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §56-5A-1 and §56-5A-2, all relating to trials; pleading
and practice; and providing a statutory procedure for an offer of
judgment prior to trial and assessment of costs in certain
situations.
Referred to the Committee on the Judiciary.
By Senator Caruth:
Senate Bill No. 181--A Bill to amend and reenact §8A-4-6 of
the Code of West Virginia, 1931, as amended, relating to
municipalities; effect of adopted subdivision and land development
ordinances; and providing that this chapter does not authorize an
ordinance, rule or regulation preventing the complete use of
natural resources by the owner outside of urban areas.
Referred to the Committee on Economic Development; and then to
the Committee on Government Organization.
By Senators Caruth and Edgell:
Senate Bill No. 182--A Bill to amend and reenact §17-16A-18 of
the Code of West Virginia, 1931, as amended, relating to
terminating tolls on the West Virginia Turnpike before 2020.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senator D. Facemire:
Senate Bill No. 183--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17C-13A-1, §17C-13A-2, §17C-13A-3, §17C-13A-4, §17C-
13A-5, §17C-13A-6, §17C-13A-7, §17C-13A-8 and §17C-13A-9, all
relating to prohibiting diesel-powered motor vehicles from
excessive idling; defining terms; placing restrictions on idling;
providing exceptions to idling restrictions; establishing a
misdemeanor offense of excessive idling; providing criminal
penalties; and providing enforcement by the Department of
Environmental Protection.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators McCabe, White, Foster and Unger:
Senate Bill No. 184--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6 and
§5B-4-7, all relating to the creation of the West Virginia Energy
Efficient Buildings Program; concentrating on energy demand-side
management in private and public buildings; generating energy
savings; promoting more efficient use of the state's natural resources; authorizing the West Virginia Development Office to
promulgate regulations; creating the West Virginia Energy Efficient
Buildings Public Sector Grant Fund and the West Virginia Energy
Efficient Buildings Private Sector Loan Revolving Fund;
establishing criteria for grants and loans from the funds; and
requiring annual reports to be provided to the Legislature.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators McCabe and Foster:
Senate Bill No. 185--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11-
13AA-5, §11-13AA-6, §11-13AA-7, §11-13AA-8, §11-13AA-9, §11-13AA-
10, §11-13AA-11, §11-13AA-12 and §11-13AA-13, all relating
generally to allowing tax incentives when computing business
franchise and West Virginia income tax liabilities, corporate or
personal, as the case may be, for profits attributed to the use of
patents directly used in a manufacturing process or product
developed in this state or for royalties generated from patents
directly used in a manufacturing process or product developed in
this state; providing short title, legislative findings and
purpose; defining certain terms; specifying terms, conditions and
rules for taking of tax credits; providing for forfeiture of unused
credit after period of years; allowing Tax Commissioner to
prescribe rules; requiring periodic reports by Tax Commissioner on
cost and effect of tax incentives; providing rule of construction;
providing effective date; and specifying termination date.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senator Kessler:
Senate Bill No. 186--A Bill to amend and reenact §17C-5-7 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §17C-5A-1b; and to amend
and reenact §17C-5A-2 of said code, all relating to creating the
office of administrative law judges within the Division of Motor
Vehicles; and outlining the powers of the administrative law
judges.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Barnes and Green:
Senate Bill No. 187--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
special registration plates bearing the inscription "In God We
Trust".
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Minard and Williams:
Senate Bill No. 188--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 Boley:
Senate Bill No. 189--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 Senator Browning:
Senate Bill No. 190--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5-13A-1, §5-13A-2, §5-13A-3, §5-13A-4, §5-13A-5,
§5-13A-6 and §5-13A-7, all relating to transfer from Higher
Education Retirement Plan to the Public Employees Retirement
System; definitions; voluntary transfers; converting assets from
Higher Education Retirement Plan to Public Employees Retirement
System; service credit in Public Employees Retirement System
following transfer; converting assets; vesting; minimum guarantees;
and transferees' eligibility to retire.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Chafin:
Senate Bill No. 191--A Bill to amend and reenact §24-3-3b of
the Code of West Virginia, 1931, as amended, relating to railroad
safety; and requiring the Public Service Commission to undertake
additional rulemaking pertaining to the safety requirements for
railway walkways.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senator Yost:
Senate Bill No. 192--A Bill to amend and reenact §17A-10-3b of
the Code of West Virginia, 1931, as amended; to amend and reenact
§17C-15-44 of said code; and to amend said code by adding thereto
a new section, designated §17C-15-44a, all relating to motorcycle
safety and equipment; increasing the motorcycle safety fee;
providing a motorcycle helmet exemption for motorcyclists meeting
certain requirements; helmet exemption sticker and fees; penalties;
and rules.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senator Deem:
Senate Bill No. 193--A Bill to amend and reenact §22-6-22 of
the Code of West Virginia, 1931, as amended, relating to the
reporting of certain geologic information obtained incidental to
oil and gas drilling; requiring the filing of reports with the
Department of Environmental Protection and the State Geological and
Economic Survey; providing for the delivery of core samples and
well cuttings to the State Geological and Economic Survey; and
assuring the confidentiality of reports and other information provided.
Referred to the Committee on Energy, Industry and Mining.
By Senator Barnes:
Senate Bill No. 194--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; and then to the
Committee on Finance.
By Senators Jenkins and McCabe:
Senate Bill No. 195--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 Unger and White:
Senate Bill No. 196--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; requiring an eligible recipient to receive
$400 a month for life; requiring fire departments to contribute
$2,000 per year; establishing eligibility criteria; and
administration of the funds.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Kessler and Yost:
Senate Bill No. 197--A Bill to amend and reenact §15-2B-3,
§15-2B-6, §15-2B-7, §15-2B-9, §15-2B-10 and §15-2B-12 of the Code
of West Virginia, 1931, as amended; and to amend said code by
adding thereto two new sections, designated §15-2B-15 and §15-2B-
16, all relating to DNA data collection generally; providing
definitions; authorizing the West Virginia State Police to
administer DNA identification system; authorizing the West Virginia
State Police to enter into certain cooperative agreements;
requiring DNA sample be obtained upon conviction; identifying tests
to be performed on DNA samples; providing authority to maintain
samples; providing procedure for withdrawing and analyzing samples;
providing procedure for exchanging samples with others; providing
procedure for removing sample from database by expungement;
providing for destruction of samples; providing penalties; and
authorizing the West Virginia State Police to collect certain fees
for DNA testing.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Caruth:
Senate Bill No. 198--A Bill to amend and reenact §55-7-24 of
the Code of West Virginia, 1931, as amended, relating to properly
apportioning the percentage of fault to all defendants whose
tortious conduct caused an incident, injury or damages at issue in
a case.
Referred to the Committee on the Judiciary.
By Senator Caruth:
Senate Bill No. 199--A Bill to amend and reenact §17-16A-26 of
the Code of West Virginia, 1931, as amended, relating to an annual
legislative audit of the Parkways Authority; and requiring the
Parkways Authority to provide certain information.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Caruth and Jenkins:
Senate Bill No. 200--A Bill to amend and reenact §23-4-2 of
the Code of West Virginia, 1931, as amended, relating to
disbursement where injury is self-inflicted or intentionally caused
by the employer.
Referred to the Committee on the Judiciary.
By Senator Caruth:
Senate Bill No. 201--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, §55-
7E-6, §55-7E-7, §55-7E-8 and §55-7E-9, all relating to establishing the Punitive Damages Standards Act; legislative findings; defining
terms; punitive damage pleading requirements; procedure for award
of punitive damages; proof required for punitive damages; punitive
damage limitations; and effective date.
Referred to the Committee on the Judiciary.
By Senators Caruth, Unger and Minard:
Senate Bill No. 202--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 Senator Plymale:
Senate Bill No. 203--A Bill to amend and reenact §18-4-1 and
§18-4-2 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §18-5-1a of said code, all relating to including
interim term of county superintendents; appointment of interim
county superintendent in cases of medical incapacitation; and
removal power of a county board member if a member does not attend
approved training.
Referred to the Committee on Education.
By Senators Snyder and Unger:
Senate Bill No. 204--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §29-18A-1, §29-18A-2 and §29-18A-3, all relating to
creating the Commuter Rail Access Act; and allowing railroads in
West Virginia which charge track access fees for any daily railroad commuter service in West Virginia a tax credit to the railroad
against the corporate net income tax equal to access fees lost in
lieu of other payment.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senator Oliverio (By Request):
Senate Bill No. 205--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §35-5C-1, §35-5C-2, §35-5C-3, §35-5C-4 §35-5C-5, §35-5C-
6, §35-5C-7, §35-5C-8, §35-5C-9, §35-5C-10, §35-5C-11, §35-5C-12,
§35-5C-13, §35-5C-14, §35-5C-15, §35-5C-16, §35-5C-17, §35-5C-18,
§35-5C-19, §35-5C-20, §35-5C-21, §35-5C-22, §35-5C-23, §35-5C-24,
§35-5C-25, §35-5C-26, §35-5C-27, §35-5C-28 and §35-5C-29, all
relating generally to establishing the West Virginia Cemetery Act;
scope; providing for definitions; creating the West Virginia
Cemetery Commission; providing for commission logistics; providing
for commission powers and budget; providing for licensure
requirements for various brokers, companies and organizations;
cemetery changes of control; care and maintenance trust funds;
perpetual care funds; trust fund financial reports; license
applications, assignability and transferability; cemetery land
acreage; construction of mausoleums and crypts; providing for
penalties; burial public policy; and validation of cemetery lot
deeds.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President), Green, McCabe and
Stollings:
Senate Bill No. 206--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
Friends of Coal license plate for passenger vehicles.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators White, Green, Laird and Yost:
Senate Bill No. 207--A Bill to amend and reenact §62-12-13 of
the Code of West Virginia, 1931, as amended, relating to the powers
and duties of the board of parole; eligibility for parole; when an
inmate's written parole release plan may be considered; and
procedure for granting parole.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Kessler and Edgell:
Senate Bill No. 208--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-8-19c, relating to making it a felony to wager at
animal fighting ventures; making it a felony to conduct, finance,
manage, supervise, own or lease any part of an animal fighting
venture or the premises on which it takes place with knowledge that
wagering is occurring; and providing criminal penalty.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Kessler, Edgell, Green, D. Facemire and Laird:
Senate Bill No. 209--A Bill to amend and reenact §61-2-10b of
the Code of West Virginia, 1931, as amended, relating to making it a criminal act to assault emergency medical service personnel
acting in their official capacities.
Referred to the Committee on the Judiciary.
By Senator Browning:
Senate Bill No. 210--A Bill to amend and reenact §20-2-5 of
the Code of West Virginia, 1931, as amended, relating to providing
that the Natural Resources Commission may promulgate a regulation
limiting the season in which dogs may be trained on bears, but must
allow, at a minimum, that dogs may be trained on bears between May
1 and August 15 next following.
Referred to the Committee on Natural Resources.
By Senators Browning and Foster:
Senate Bill No. 211--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §22-11B-1, §22-11B-2, §22-11B-3, §22-11B-4, §22-11B-5,
§22-11B-6, §22-11B-7, §22-11B-8 and §22-11B-9, all relating to the
creation of the Protection of Water Act; protection of certain
streams; disturbances of stream beds; granting of permits to modify
stream, watercourse or lake; permits to erect structures on
waterways; protection of navigable waters; permit required to
excavate or fill; department required to inspect structures
impounding waters; bonds required of permittees; alterations of
watercourses or lakes; inspection and correction; illegal
impounding of waters; director to issue order after hearing to
direct compliance in order to protect health, safety or
environment; director to certify costs incurred by state in
enforcing water protection activities; certified cost to be assessed against offending property owner; criminal liability of
persons who act in disregard of the specifications provided in a
construction contract designed to protect stream damage;
prohibition of certain incompatible uses over either primary
groundwater recharge areas or federally designated sole source
aquifers; definitions; private and public rights in waters;
alterations in watercourses and lakes; prescriptive rights or
privileges; action for declaratory judgment; and limitations of
time to bring action.
Referred to the Committee on Natural Resources; and then to
the Committee on Energy, Industry and Mining.
By Senators Plymale, Wells, Oliverio, Helmick, Boley, Tomblin
(Mr. President), Unger, Green, Foster, Hall, White, Edgell,
Stollings, Browning, Laird, Jenkins, Williams and McCabe:
Senate Bill No. 212--A Bill to repeal §18-23-1, §18-23-2, §18-
23-3, §18-23-4, §18-23-5, §18-23-13, §18-23-14, §18-23-15, §18-23-
18, §18-23-22, §18-23-23 and §18-23-24 of the Code of West
Virginia, 1931, as amended; to repeal §18B-14-1, §18B-14-2, §18B-
14-3, §18B-14-4, §18B-14-5, §18B-14-5a, §18B-14-6 and §18B-14-7 of
said code; to amend and reenact §5-6-4a of said code; to amend and
reenact §18B-1B-4 of said code; to amend and reenact §18B-2A-4 of
said code; to amend and reenact §18B-2B-6 of said code; to amend
and reenact §18B-4-6 of said code; to amend and reenact §18B-5-4 of
said code; to amend and reenact §18B-10-8 of said code; and to
amend said code by adding thereto a new article, designated §18B-
19-1, §18B-19-2, §18B-19-3, §18B-19-4, §18B-19-5, §18B-19-6, §18B-
19-7, §18B-19-8, §18B-19-9, §18B-19-10, §18B-19-11, §18B-19-12, §18B-19-13, §18B-19-14, §18B-19-15, §18B-19-16, §18B-19-17 and
§18B-19-18, all relating to higher education capital facilities
generally; repealing certain specific duties of governing boards of
higher education institutions; eliminating condemnation rights of
those boards; eliminating execution of contracts and deeds by those
boards; eliminating certain obligation concerning capital
construction and repair duties; eliminating the authority of
certain state institutions from selling certain properties and
lease-back provisions; replacing those duties that are being
repealed with similar responsibilities; setting forth certain
specific responsibilities of the Higher Education Policy Commission
and the Council for Community and Technical College Education;
reviewing tuition and fee increases; reviewing and approving
capital project planning, financing, management and maintenance;
permitting the acquisition, sale, transfer, exchange, lease,
conveyance and condemnation of real property; permitting the
construction and operation of capital facilities; permitting the
collection and use of certain capital fees; establishing in the
State Treasury a capital maintenance fund for each state
institution of higher education; setting forth legislative findings
and intent; defining terms; requiring rulemaking; and providing for
system facilities institution and facilities planning.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Sypolt and Minard:
Senate Joint Resolution No. 1--
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 Senators Unger and White:
Senate Joint Resolution No. 2--
Proposing an amendment to the
Constitution of the State of West Virginia, amending section one-b,
article X thereof, relating to increasing the homestead exemption;
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. 3--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 Senator Sypolt:
Senate Joint Resolution No. 4--
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 Guills:
Senate Joint Resolution No. 5--
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 is
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 Senator K. Facemyer:
Senate Joint Resolution No. 6--
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 Minard:
Senate Joint Resolution No. 7--
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 Snyder:
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.
By Senator Caruth:
Senate Joint Resolution No. 9--
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 Senator Sypolt:
Senate Joint Resolution No. 10--
Proposing an amendment to the
Constitution of the State of West Virginia, amending section one,
article VI thereof; amending section two, article XIV thereof; and
amending said Constitution by adding thereto a new article,
designated article XV, all relating to the legislative powers held
by the people of the state and the Legislature; power of the
registered voters and power of the Legislature to propose
amendments to this Constitution; reservation by and to the people
and registered voters of this state the powers of initiative,
referendum and recall at all levels of government in this state;
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.
Pending announcement of meetings of standing committees of the
Senate,
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 five 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
January 13, 2010
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, 2010.
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. 213--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.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Barnes and Chafin.
Senator Chafin then moved that the Senate adjourn until
tomorrow, Thursday, January 14, 2010, at 11 a.m.
The question being on the adoption of Senator Chafin's motion,
and on this question, Senator Chafin demanded the yeas and nays.
The roll being taken,
the yeas were: Boley, Bowman, Caruth,
Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster,
Green, Helmick, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso,
Snyder, Stollings, Sypolt, Wells, White, Williams, Yost and Tomblin
(Mr. President)--26.
The nays were: Barnes--1.
Absent: Browning, Guills, Hall, Jenkins, Palumbo, Plymale and
Unger--7.
So, a majority of those present and voting having voted in the
affirmative, the President declared Senator Chafin's motion had
prevailed.
In accordance with the foregoing motion, the Senate adjourned until tomorrow, Thursday, January 14, 2010, at 11 a.m.
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