Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin,
unanimous consent being granted,
returned 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 Kessler, Oliverio, Hunter, Foster, Wells, Yoder,
Jenkins, McKenzie, Love and Unger:
Senate Bill No. 658--
A Bill to amend and reenact §61-2-9a of
the Code of West Virginia, 1931, as amended, relating to the
offense of stalking generally; establishing offenses; enhancing
penalties; and defining terms.
Referred to the Committee on the Judiciary.
By Senators Prezioso and Hunter:
Senate Bill No. 659--
A Bill to amend and reenact §27-5-2 of
the Code of West Virginia, 1931, as amended, relating to authority
of physician assistants to conduct examinations in the mental
health hygiene process.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Bowman and McKenzie:
Senate Bill No. 660--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-1-12, relating to requiring the Secretary of the
Department of Administration to propose a rule implementing public
employee acceptable use standards for the internet.
Referred to the Committee on Government Organization.
By Senators Bailey and Unger:
Senate Bill No. 661--
A Bill to amend and reenact §8-15-8b of
the Code of West Virginia, 1931, as amended, relating to volunteer
and part-volunteer fire departments; and allowing certain
expenditures for educational and training supplies and fire
prevention promotional materials.
Referred to the Committee on Finance.
By Senators Jenkins and Plymale:
Senate Bill No. 662--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-28-1, §11-28-2, §11-28-3, §11-28-4, §11-28-5,
§11-28-6, §11-28-7, §11-28-8, §11-28-9 and §11-28-10, all relating
to imposing taxes on certain unauthorized substances, including
cocaine, certain low-street-value drugs, marijuana, certain
controlled substances, illicit alcoholic liquor, certain beer,
certain wine and mash; providing procedures for collecting and
distributing the proceeds of the tax; and providing penalties.
Referred to the Committee on Finance.
By Senators Bowman and Sprouse:
Senate Bill No. 663--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §9-5-20, relating to requiring the Bureau for Medical
Services to conduct a criminal background investigation on Medicaid
provider applicants and on existing Medicaid providers who have not
previously undergone a criminal background investigation.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Bowman and McKenzie:
Senate Bill No. 664--
A Bill to amend and reenact §18-7A-25 of
the Code of West Virginia, 1931, as amended, relating to teacher
disability retirement; and setting earned income limitations.
Referred to the Committee on Pensions; and then to the
Committee on Finance
.
By Senators Bowman and McKenzie:
Senate Bill No. 665--
A Bill to amend and reenact §30-10-4 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the Board of Veterinary Medicine to conduct background
checks of applicants for licenses and current license holders.
Referred to the Committee on Government Organization; and then
to the Committee on Finance
.
By Senators Bowman and McKenzie:
Senate Bill No. 666--
A Bill to amend and reenact §30-10-11 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the Board of Veterinary Medicine to revoke the
certificate of authority for any individual veterinarian or
veterinary medical corporation which operates a facility in
violation of the law.
Referred to the Committee on Government Organization.
By Senators Sprouse, Foster, McCabe, Wells, Jenkins, Hunter,
Oliverio and Plymale:
Senate Bill No. 667--
A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §18B-10-1d, relating to establishing the West Virginia
Andrew J. Trail Purple Heart Recipient College Bill of Rights Act
of 2007; and allowing certain disabled recipients of the purple
heart to attend a state college or university without paying
tuition or fees for eight semesters.
Referred to the Committee on Military; and then to the
Committee on Finance
.
By Senator Bowman:
Senate Bill No. 668--
A Bill to repeal §29-21-12, §29-21-13 and
§29-21-13a of the Code of West Virginia, 1931, as amended; and to
amend and reenact §29-21-3, §29-21-6, §29-21-8, §29-21-9,
§29-21-10, §29-21-11 and §29-21-16 of said code, all relating to
Public Defender Services generally; continuing Public Defender
Services; creating the Indigent Defense Commission; specifying
members and their terms; transferring certain powers and duties of
agency to the executive director and Indigent Defense Commission;
authorizing the executive director to reduce or reject certain
vouchers; authorizing resubmission of reduced or rejected vouchers;
authorizing removal of public defender corporation board members
for cause; activation of corporations; permitting the employment of
both full-time and part-time attorneys; allowing for contracting
with part-time attorneys; mandating the order of appointment of
panel attorneys; removing sections relating to public defender
corporations' funding; requiring corporations to submit budget;
authorizing amended funding contracts; providing for payment of fees to panel attorneys; and requiring services provided to public
defender corporations.
Referred to the Committee on the Judiciary.
By Senators Unger, Jenkins, McKenzie and Plymale:
Senate Bill No. 669--
A Bill to amend and reenact §17-2A-8 of
the Code of West Virginia, 1931, as amended, relating to allowing
the Commissioner of Highways to transfer surplus cash balances
among funds administered by the division, with a credit to the fund
from which a surplus cash balance is transferred.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance
.
By Senators Love and Jenkins:
Senate Bill No. 670--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §24-2-19, relating to requiring the Public Service
Commission to conduct quarterly safety inspections of propane
tanks.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance
.
By Senator Sypolt:
Senate Bill No. 671--
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; and then to the Committee on Education
.
By Senator McCabe:
Senate Bill No. 672--A Bill to amend and reenact §11-6C-1 of
the Code of West Virginia, 1931, as amended, relating to including
boat retailers in the special method for appraising dealer vehicle
inventory.
Referred to the Committee on Finance.
By Senator McCabe:
Senate Bill No. 673--
A Bill to amend and reenact §11-6C-1 of
the Code of West Virginia, 1931, as amended, relating to the
special method for appraising dealer vehicle inventory generally;
and including inventories of vehicles held as rental cars in the
special method for appraising dealer vehicle inventory.
Referred to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 674--A Bill to amend and reenact §46A-6-102 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §47-10-6a of said code, all relating to prohibiting
fractional pricing in the retail sale of gasoline; and defining
such pricing as an unfair or deceptive practice.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance
.
By Senators Kessler and McKenzie:
Senate Bill No. 675--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §62-11C-5a, relating to limited arrest powers for day report officers.
Referred to the Committee on the Judiciary.
By Senators Kessler, Jenkins and McKenzie:
Senate Bill No. 676--
A Bill to amend and reenact §17B-4-3 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§17C-5-2, §17C-5-2a, §17C-5-4, §17C-5-6, §17C-5-6a, §17C-5-7 and
§17C-5-8 of said code; to amend said code by adding thereto a new
section, designated §17C-5-4a; to amend and reenact §17C-5A-1,
§17C-5A-1a, §17C-5A-2, §17C-5A-2a, §17C-5A-3 and §17C-5A-3a of said
code; and to amend said code by adding thereto a new section,
designated §17C-5A-3b, all relating generally to criminal penalties
for driving while license suspended or revoked and for driving
under the influence of alcohol, controlled substances or drugs;
describing where driving under the influence of alcohol, controlled
substances or drugs is prohibited; requiring drivers to submit to
evidentiary breath tests and secondary chemical test; requiring
mandatory chemical test when death or injury occurs; setting forth
requirements for blood tests; setting forth requirements for taking
a child into custody for driving with any amount of blood alcohol;
setting forth requirements for revoking a license for refusing an
evidentiary breath test or a secondary chemical test; setting forth
requirements for the admission of chemical tests into evidence;
requiring the commissioner to revoke licenses upon receipt of a
report from a law-enforcement officer; requiring the commissioner
to revoke license upon receipt of a conviction; setting forth
procedures to appeal license revocations; authorizing fees; requiring a safety and treatment program for persons with licenses
revoked for driving under the influence; requiring the alcohol test
and lock program; and establishing a provisional driving permit.
Referred to the Committee on the Judiciary
.
By Senators Kessler and Oliverio:
Senate Bill No. 677--
A Bill to amend and reenact §3-8-1a, §3-
8-2, §3-8-2b, §3-8-3, §3-8-4, §3-8-5, §3-8-5a, §3-8-5b and §3-8-5e
of the Code of West Virginia, 1931, as amended, all relating to
campaign finance filings; clarifying definitions of in-kind
contributions, political committees and electioneering
communications; requiring expedited filings of independent
expenditure filings within fifteen days; requiring certain
independent expenditures to be filed as electioneering
communications; lowering the threshold of electioneering
communications to be reported fifteen days prior to an election;
modifying requirements for political committee treasurers of
candidates from offices larger than one county; modifying the
reporting periods; requiring certain information for contributions
in excess of two hundred fifty dollars; clarifying that details of
third-party expenditures must be filed; requiring electronic filing
for statewide candidates; clarifying where campaign finance reports
are filed; and providing for technical cleanup.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 678--
A Bill to amend and reenact §11-13A-3d of the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §11-13V-4a, all
relating to the Severance and Business Privilege Tax Act and the
Workers' Compensation Debt Reduction Act; specifying termination of
the severance tax exemption for production of coalbed methane; and
specifying that coalbed methane is taxed as natural gas for
purposes of the Severance and Business Privilege Tax Act and for
purposes of the taxes imposed by the Workers' Compensation Debt
Reduction Act.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance
.
By Senators Tomblin (Mr. President), Unger, Kessler and Love:
Senate Bill No. 679--
A Bill to amend and reenact §22-26-1,
§22-26-2, §22-26-3, §22-26-5 and §22-26-6 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto four new sections, designated §22-26-7, §22-26-8, §22-26-9
and §22-26-10, all relating to the Water Resource Protection and
Management Act; establishing legislative findings; defining certain
terms; continuing the water resource survey; providing for
registration of large quantity users; requiring reports to the
Legislature; requiring development of county, regional and state
water resource plans; setting forth powers and duties of the
Secretary of Department of Environmental Protection with regard to
development of water resource plans; creating county water resource
boards and establishing powers and duties; creating regional water
resource planning commissions and establishing powers and duties; establishing criteria for state, regional and county water resource
plans; authorizing development of critical area water resource
plans; and establishing criteria for critical area water resource
plans.
Referred to the Committee on the Judiciary
.
By Senator Unger:
Senate Bill No. 680--
A Bill to amend and reenact §7-1-3mm of
the Code of West Virginia, 1931, as amended, relating to county
commission development rights transfer; transfer pursuant to a
countywide ordinance in effect for less than five years; and
transfer for use in accordance with zoning and subdivision
ordinances.
Referred to the Committee on Government Organization; and then
to the Committee on Finance
.
By Senators McCabe, Facemyer, Sprouse, Foster and McKenzie:
Senate Bill No. 681--
A Bill to repeal §5E-1-17 and §5E-1-22 of
the Code of West Virginia, 1931, as amended; to repeal §5E-2-7 of
said code; and to amend and reenact §5E-1-1, §5E-1-2, §5E-1-4, §5E-
1-5 and §5E-1-8 of said code, all relating generally to West
Virginia Capital Company Act; renaming said act the Community
Redevelopment Act; eliminating authority to grant tax credits to
capital companies, economic development and technology advancement
centers and West Virginia business development corporations;
modifying declaration of policy; removing, deleting, amending or
adding definitions of certain terms; allowing tax credits to be
awarded to certified West Virginia small business investment companies and certified community development venture capital
funds; extinguishing authority of Economic Development Authority to
promulgate legislative rules relating to economic development and
technology advancement centers; specifying amount of tax credits
that may be awarded in the aggregate and to any one company of
fund; specifying internal dates; and repealing obsolete language.
Referred to the Committee on Economic Development; and then to
the Committee on Finance
.
By Senators Kessler, Caruth, Oliverio, Foster, Guills and
Sprouse:
Senate Bill No. 682--
A Bill to amend and reenact §22A-1-1 and
§22A-1-31 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new article, designated §22A-
11-1, §22A-11-2, §22A-11-3, §22A-11-4, §22A-11-5, §22A-11-6, §22A-
11-7, §22A-11-8, §22A-11-9, §22A-11-10, §22A-11-11, §22A-11-12,
§22A-11-13 and §22A-11-14, all relating generally to the creation
and implementation of drug-free workplaces in coal mines; requiring
Office of Miners' Health, Safety and Training to ensure drug-free
workplaces in the mining industry; adopting procedures for the
suspension or revocation of miners' certification upon proof of
confirmed positive drug tests; requiring breach of duty hearings to
be held within twenty days; establishing process and conditions for
reissuance of miners' certification; authorizing Director of Office
of Miners' Health, Safety and Training to require all operators to
adopt drug-free workplace programs at coal mines; assessment of fee
for costs; requiring employers to pay for cost of drug tests for employees; providing for definitions; requiring all companies
providing safety-sensitive services to mine operators to have drug-
free workplace program for certain employees; providing immunity
from wrongful discharge lawsuits for employers who implement
program; implementing process for drug testing and appellate
procedure; permitting the Office of Miners' Health, Safety and
Training to require drug and alcohol test in serious mine accidents
of certain persons; requiring alcohol and drug tests on all mine
fatalities; requiring applicants for additional certifications to
be certified drug free; ensuring substance abuse training;
requiring minimum level of alcohol and substance abuse training and
proof of being drug and alcohol free for certification; requiring
proof of drug and alcohol free for applicants as apprenticeship
miner or miner certification; requiring Office of Miners' Health,
Safety and Training to provide drug-testing program for
apprentices; providing for cost reimbursement or acceptance of
results of certain other drug tests; providing for confidentiality
of drug test results and exemption from the West Virginia Freedom
of Information Act; allowing for release by consent or compulsion
by court order; establishing relevancy to legal claim asserted by
applicant; prohibiting use of results in criminal proceedings
against applicant; requiring substance abuse awareness training for
emergency medical services personnel in mines; and providing for
severability.
Referred to the Committee on the Judiciary.
By Senators Bailey, Barnes, Fanning and Love:
Senate Bill No. 683--
A Bill to amend and reenact §20-1-7 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§20-1A-6 of said code; and to amend and reenact §20-5-2 of said
code, all relating to permitting the extraction of minerals
underlying state parks by private owners directly from the surface
of parks.
Referred to the Committee on Natural Resources; then to the
Committee on the Judiciary; and then to the Committee on Finance
.
By Senators Prezioso, Bailey, Edgell, Foster, Helmick, Hunter,
Kessler, Barnes, Boley, Guills, Jenkins, McKenzie and Unger:
Senate Bill No. 684--A Bill to amend and reenact §17C-13-6 of
the Code of West Virginia, 1931, as amended, relating to accessible
parking areas designated for use by persons with a mobility
impairment; removing the requirement that certain accessible
parking areas be provided without cost; authorizing certified nurse
practitioners or physicians' assistants to issue license plates or
place cards authorizing a person to park in accessible parking
areas; requiring that certain accessible parking areas be marked
with signs stating that the parking area is a tow-away zone;
providing a procedure for police officers to tow motor vehicles
illegally parked in accessible loading areas; and increasing the
amount of the fine for a first offense violation to two hundred
dollars.
Referred to the Committee on the Judiciary.
By Senators Foster, Barnes, Edgell, Kessler, Prezioso, Unger,
Yoder, McKenzie, Boley, White, Sprouse, Minard and Hunter:
Senate Bill No. 685--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17B-7-1, relating to providing that West Virginia will
not participate in the REAL ID Act of 2005 enacted by the United
States Congress in Public Law 109-13.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance
.
By Senators Edgell, Bailey, Fanning, Foster, Green, Guills,
Hunter, Kessler, Love, McCabe, Prezioso, Sprouse, Stollings, Unger,
Wells, White and Plymale:
Senate Bill No. 686--
A Bill to amend and reenact §5-11-2, §5-
11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §5-11A-3, §5-
11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful
discriminatory practices; and prohibiting discrimination based upon
age and sexual orientation.
Referred to the Committee on the Judiciary.
By Senator Sprouse:
Senate Bill No. 687--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-42-9, relating to ensuring that medical workers have
the right to refuse to participate in any abortion-related activity
without fear of disciplinary action or dismissal; and prescribing
criminal penalties for violations of the section.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary
.
By Senators Unger and McKenzie:
Senate Bill No. 688--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §9-10-1, §9-10-2, §9-10-3 and §9-10-4, all relating to
the West Virginia Courtesy Patrol Program; providing purpose;
addressing operation and scope of the Courtesy Patrol Program; and
providing educational services to courtesy patrol participants
after program enrollment.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance
.
By Senators Unger and McKenzie:
Senate Bill No. 689--
A Bill to amend and reenact §17-3-4 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §17C-17B-3 of said code, all relating to the disbursement
of funds from the State Road Fund.
Referred to the Committee on Finance.
By Senators Unger and Jenkins:
Senate Bill No. 690--
A Bill to amend and reenact §11-15-9 of
the Code of West Virginia, 1931, as amended, relating to the sales
tax exemption on materials used for highway construction and
maintenance.
Referred to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 691--
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 §11-27-10a, all relating to the health care provider tax generally;
providing a tax of five percent of the gross receipts of the
taxpayer; and allowing certain providers to reduce gross receipts
by contractual allowances.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance
.
By Senators McCabe, Foster, Minard, Hunter, Stollings and
Unger:
Senate Bill No. 692--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-28-1, §11-28-2, §11-28-3, §11-28-4, §11-28-5, §11-
28-6, §11-28-7, §11-28-8, §11-28-9, §11-28-10, §11-28-11, §11-28-
12, §11-28-13, §11-28-14 and §11-28-15, all relating to providing
health care to the poor, uninsured and the underinsured residents
of this state generally; defining certain terms; providing for the
voluntary creation of a nongovernmental authority; limiting
hospitals delivering various levels of care; allowing the
nongovernmental authority to assess a tax on certain hospitals;
providing for the promulgation of rules; and providing certain
other requirements of the authority.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance
.
By Senator Caruth:
Senate Bill No. 693--
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 Minard:
Senate Bill No. 694--
A Bill to repeal §23-2C-18 of the Code of
West Virginia, 1931, as amended; to amend said code by adding
thereto a new section, designated §33-2-3a; to amend and reenact
§33-20-3 of said code; and to amend said code by adding thereto a
new section, designated §33-20-6a, all relating to the Insurance
Commissioner; permitting the Insurance Commissioner to hire
additional exempt employees; exempting the Insurance Commissioner
from purchasing rules in some circumstances; revising rate-making
process with respect to workers' compensation insurance; defining
terms; and providing for the designation of a single rating
organization for workers' compensation.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance
.
By Senator Sprouse:
Senate Bill No. 695--A Bill to amend and reenact §33-42-3 of
the Code of West Virginia, 1931, as amended, relating to providing
that when any body part of an unborn child is outside the mother's
womb, the child is born and is considered a citizen of the state
with same rights and privileges under the law as any other citizen.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary
.
By Senators Prezioso, Bailey, Edgell, Foster, Helmick, Hunter,
Kessler, Unger, Barnes, Boley, Guills, Jenkins, McKenzie, Green,
Sprouse, Stollings, Plymale, Bowman, Caruth, White, Fanning and
Minard:
Senate Bill No. 696--
A Bill to amend and reenact §49-1-3 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §49-6-3 and §49-6-5 of said code, all relating to child
abuse and neglect generally; defining terms; expanding definition
of "imminent danger" to the physical well-being of a child;
prohibiting parents, guardians and custodians from allowing known
child predators access to their custodial children; and relating to
the obligation of the Department of Health and Human Resources to
attempt to preserve the family in temporary and permanent custody
determinations.
Referred to the Committee on the Judiciary.
By Senators Caruth, Foster and Guills:
Senate Bill No. 697--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §7-24-1, §7-24-2, §7-24-3 and §7-24-4, all relating to
the Interstate Economic Growth-Sharing Compact; legislative
purpose; definitions; and authorizing revenue sharing agreements
between county economic opportunity development districts and other
county economic opportunity development districts or similar
authorities outside the state with respect to tax revenues and
other income generated by facilities owned by a county economic
opportunity development district.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on the Judiciary
.
By Senator Unger:
Senate Bill No. 698--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §55-7E-1 and §55-7E-2, all relating to actions taken in
contravention to strategic lawsuits against public participation,
known as anti-SLAPP actions; providing for a motion to strike under
an anti-SLAPP action; providing for the stay of discovery pending
a special motion to strike under an anti-SLAPP action; and awarding
attorneys fees under certain circumstances.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 699--
A Bill to amend and reenact §18B-10-6a of
the Code of West Virginia, 1931, as amended, relating to expanding
fee waivers to all state-supported colleges and universities.
Referred to the Committee on Education; and then to the
Committee on Finance
.
By Senators Unger and Sprouse:
Senate Bill No. 700--
A Bill to amend and reenact §61-8-19 of
the Code of West Virginia, 1931, as amended, relating to
prescribing minimum requirements relative to tethering or chaining
any animal; including the length and weight of chains or tethering
devices, as well as other requirements, all of which are intended
to protect animals from cruel treatment; and providing criminal
penalties for violations.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary
.
By Senator McCabe:
Senate Bill No. 701--
A Bill to repeal §22C-4-3 and §22C-4-6 of
the Code of West Virginia, 1931, as amended; to repeal §24-2-1h of
said code; to repeal §24A-2-4a of said code; to amend said code by
adding thereto a new article, designated §22-15B-1, §22-15B-2,
§22-15B-3, §22-15B-4, §22-15B-5, §22-15B-6, §22-15B-7, §22-15B-8,
§22-15B-9, §22-15B-10, §22-15B-11, §22-15B-12, §22-15B-13, §22-15B-
14, §22-15B-15, §22-15B-16, §22-15B-17, §22-15B-18, §22-15B-19,
§22-15B-20, §22-15B-21 and §22-15B-22; to amend and reenact §22C-4-
1, §22C-4-2, §22C-4-4, §22C-4-5, §22C-4-7, §22C-4-8, §22C-4-9,
§22C-4-9a, §22C-4-10, §22C-4-11, §22C-4-12, §22C-4-14, §22C-4-20,
§22C-4-22, §22C-4-23, §22C-4-24, §22C-4-25, §22C-4-26, §22C-4-27,
§22C-4-28, §22C-4-29 and §22C-4-30 of said code; to amend said code
by adding thereto a new section, designated §22C-4-8a; to amend and
reenact §22C-4A-1, §22C-4A-2, §22C-4A-3 and §22C-4A-4 of said code;
to amend and reenact §24A-1-3 of said code; to amend and reenact
§24A-2-5 of said code; and to amend and reenact §24A-3-3 of said
code, all relating to abolishing the Solid Waste Management Board;
transferring powers and duties of the Solid Waste Management Board
to the Department of Environmental Protection; removing from the
Public Service Commission the authority to control the flow of
solid waste; exempting transporters of solid waste from certain
requirements of the Public Service Commission; removing the
requirement that a transporter of solid waste must first obtain either a certificate or permit from the Public Service Commission;
and creating the obligation and power in regional solid waste
authorities to collect, transport and dispose of solid waste and to
enter into contracts to franchise or otherwise contract with third
parties to perform such services.
Referred to the Committee on the Judiciary.
By Senators Prezioso and Love:
Senate Bill No. 702--A Bill to amend and reenact §30-5-1b and
§30-5-3 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §30-5-
6b, all relating to out-of-state sales of pharmaceuticals; defining
terms; providing for licensure and permits of pharmacies, mail
order pharmacies and out-of-state pharmacies; and setting forth the
authority of the West Virginia Board of Pharmacy.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary
.
By Senators Plymale, Hunter, Edgell, Stollings and White:
Senate Bill No. 703--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-9D-20, relating to prohibiting the School Building
Authority from funding any new construction that would result in
the bus travel times of students in grades prekindergarten through
five exceeding thirty minutes.
Referred to the Committee on Education; and then to the
Committee on Finance
.
By Senators Kessler and Sprouse:
Senate Bill No. 704--
A Bill to amend and reenact §31E-1-129 of
the Code of West Virginia, 1931, as amended, relating to nonprofit
corporations generally; prohibiting destruction, alteration or
falsification of documents; establishing whistle-blower
protections; and providing criminal penalties.
Referred to the Committee on the Judiciary.
By Senator Facemyer:
Senate Bill No. 705--
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 Finance
.
By Senator Kessler:
Senate Bill No. 706--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-11-26, relating to the limited expungement of
certain criminal records.
Referred to the Committee on the Judiciary.
By Senators Love and Kessler:
Senate Bill No. 707--
A Bill to repeal §7-8-13 of the Code of
West Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §31-20-30, all relating to
amount, collection of and refunding of jail processing fees.
Referred to the Committee on Finance.
By Senator Kessler:
Senate Bill No. 708--
A Bill to amend and reenact §29-19-5 and §29-19-6 of the Code of West Virginia, 1931, as amended, all
relating to the registration of certain charities; and exemptions
from registration.
Referred to the Committee on the Judiciary.
By Senators Kessler, McKenzie and Guills:
Senate Bill No. 709--
A Bill to amend and reenact §49-5-9 of
the Code of West Virginia, 1931, as amended, relating to
authorizing circuit courts to grant both custodial and noncustodial
improvement periods to juvenile respondents in delinquency
proceedings.
Referred to the Committee on the Judiciary.
By Senators White and Hunter:
Senate Bill No. 710--
A Bill to amend and reenact §20-2-42j of
the Code of West Virginia, 1931, as amended, relating to allowing
Class Q licensees to obtain a Class X license without payment of
fees.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance
.
By Senator Love:
Senate Bill No. 711--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-1C-11c, relating to creating open and closed
classifications of managed timberland; assessment; valuations; and
taxes imposed.
Referred to the Committee on Agriculture; and then to the
Committee on Finance
.
By Senators Kessler and McKenzie:
Senate Bill No. 712--
A Bill to amend and reenact §11-10-5s of
the Code of West Virginia, 1931, as amended; to amend and reenact
§17-22-7 of said code; to amend and reenact §60-1-5a of said code;
to amend and reenact §60-3-25 of said code; to amend and reenact
§60-4-2, §60-4-3, §60-4-3a, §60-4-15 and §60-4-22 of said code; to
amend said code by adding thereto a new section, designated §60-4-
3b; to amend and reenact §60-6-1 and §60-6-2 of said code; to amend
and reenact §60-8-1, §60-8-2, §60-8-3, §60-8-4, §60-8-5, §60-8-6,
§60-8-7, §60-8-16, §60-8-18, §60-8-19, §60-8-20, §60-8-23, §60-8-
24, §60-8-25, §60-8-26, §60-8-28, §60-8-29, §60-8-30, §60-8-31,
§60-8-32 and §60-8-34 of said code; and to amend said code by
adding thereto a new section, designated §60-8-6a, all relating to
the regulation of wine; recategorizing farm wineries as mini-
wineries in equalizing wineries with distilleries and mini-wineries
with mini-distilleries as to signage, licensing, license fees,
sales and the use of suppliers and distributors; providing
licensing procedure for wineries, mini-wineries, suppliers,
distributors or retailers to sell and direct ship wine for personal
consumption by an adult over twenty-one years of age; providing
licensing requirements and registration procedures for wine
suppliers, subject to approval of all wine labels; amending the
definition of "wine"; adding a private wine bed and breakfast
license and a private wine spa license; permitting adult patrons at
private wine bed and breakfasts, private wine restaurants, private
wine spas and private clubs to recork or reseal for off-premises consumption up to two bottles of unconsumed wine when the sale of
wine is accompanied by food or a meal; permitting a private wine
restaurant or a private club to sell from its inventory, for off-
premises consumption, one bottle of wine per adult; equalizing
certain license fees; adding protections for wineries, mini-
wineries, suppliers and distributors by requiring written
agreements between the parties, a notice of termination and ninety
days for a party to either deplete wine inventories or reach some
other agreement; and permitting sharing of tax, licensing and
enforcement information between the Tax Commissioner and the
Alcohol Beverage Control Commissioner.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 713--
A Bill to amend and reenact §3-8-1a, §3-
8-2, §3-8-2b, §3-8-3, §3-8-4, §3-8-5, §3-8-5a, §3-8-5b and §3-8-5e
of the Code of West Virginia, 1931, as amended, all relating to
campaign finance filings; clarifying definitions of "in-kind
contributions", "political committees" and "electioneering
communications"; requiring expedited filings of independent
expenditure filings within fifteen days; requiring certain
independent expenditures to be filed as electioneering
communications; lowering the threshold of electioneering
communications to be reported fifteen days prior to an election;
modifying requirements for political committee treasurers of
candidates from offices larger than one county; modifying the
reporting periods; requiring certain information for contributions in excess of two hundred fifty dollars; clarifying that details of
third-party expenditures must be filed; requiring electronic filing
for statewide candidates; clarifying where campaign finance reports
are filed; and providing for technical cleanup.
Referred to the Committee on the Judiciary.
By Senators Plymale, McCabe and Foster:
Senate Bill No. 714--
A Bill to amend and reenact §7-18-2 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto two new sections, designated §8-13-5b and §8-13-5c;
to amend and reenact §8-13C-4 and §8-13C-5 of said code; to amend
said code by adding thereto a new section, designated §11-8-34; to
amend said code by adding thereto a new section, designated
§11-13B-19; and to amend and reenact §11-22-2 of said code, all
relating to providing authorization for specified tax impositions
for metro governments; authorizing specified studies and funding
thereof; authorizing telecommunications tax and property tax for
the purpose of providing potential taxing authority and tax
distribution provisions relating to metro governments; authorizing
increases of the rate of hotel occupancy tax imposed by counties
that are participants in metro government to not more than six
percent; authorizing a metro government to impose a wage tax;
authorizing a metro government to impose a user fee; authorizing a
metro government to impose a consumers sales and service tax at a
rate of one percent on all sales within the metro government
jurisdiction; authorizing a metro government to impose a use tax at
a rate of one percent on all taxable uses of tangible personal property and services within the metro government jurisdiction;
authorizing counties that are participants in metro government to
increase the excise tax imposed on the transfer of real property;
requiring a study be conducted to examine alternative methods of
taxing telecommunications and imposing fees; specifying funding;
creating a study fund; mandating a study completion date and report
of recommendations; requiring a study of issues relating to
reallocating property tax revenues and other potential revenues of
metro governments to more fairly distribute tax between urban areas
and rural areas and specifying funding; and creating a study fund.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance
.
By Senator Sypolt:
Senate Bill No. 715--
A Bill to repeal §8-12-5a of the Code of
West Virginia, 1931, as amended; to amend and reenact §7-1-3 of
said code; to amend and reenact §8-12-5 of said code; to amend and
reenact §61-7-2, §61-7-11a and §61-7-14 of said code; and to amend
said code by adding thereto two new sections, designated §61-7-13
and §61-7-16, all relating to limitations upon the keeping and
bearing of arms; defining terms; repealing language concerning
county and municipal ordinances restricting firearms or ammunition;
creating additional exceptions to certain restrictions on where
deadly weapons may be possessed; declaring the provisions of said
code to be the sole means by which the keeping and bearing of arms
may be regulated; preempting any ordinance, rule, policy or
administrative action inconsistent therewith; exceptions; authorizing public property owners to prohibit or restrict the
possession of deadly weapons in secure restricted access areas;
requiring all property owners that have legally restricted or
prohibited the possession or carrying of weapons on their premises
to give notice of such prohibitions or restrictions by posting
specified signs; format of signs; and effect of failure to properly
post signs indicating such prohibition or restriction.
Referred to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 716--
A Bill to amend and reenact §20-2-6a of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §61-7-2, §61-7-4, §61-7-5, §61-7-7, §61-7-12, §61-7-14 and
§61-7-15 of said code, all relating to concealed handgun licenses
and firearms generally; requiring additional identifying
information in concealed handgun license applications; requiring
background check on applicants for concealed handgun licenses to
determine an applicant's eligibility to possess handguns under
state and federal law; requiring the expiration date for a renewal
license to be five years from the expiration date of the current
license; requiring sheriffs to accept certain methods of payment
for concealed handgun license fees; specifying form of notice of
suspension or revocation of a concealed handgun license; specifying
whether a concealed handgun license shall be suspended or revoked;
requiring courts to determine whether certain defendants are
licensed to carry a concealed handgun; requiring court to notify
issuing agency upon a concealed handgun licensee becoming disqualified from continued licensure for certain causes;
establishing procedure for appealing the suspension or revocation
of a concealed handgun license; conforming state restrictions on
firearm possession to federal law by prohibiting the possession of
firearms by fugitives from justice and persons who have renounced
United States citizenship; increasing penalties for possession of
firearms or ammunition by prohibited persons to conform to federal
law; and conforming certain definitions to federal law.
Referred to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 717--
A Bill to amend and reenact §20-2-6a of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §61-7-2, §61-7-4, §61-7-5, §61-7-6, §61-7-12, §61-7-14 and
§61-7-15 of said code, all relating to concealed handgun licenses
generally; establishing a process for issuing licenses to
nonresidents; removing the social security number of a licensee
from concealed handgun licenses; conforming requirements for social
security numbers on concealed handgun license applications to
federal law; limiting access to social security numbers of
concealed handgun license applicants and licensees; requiring the
inclusion of certain information on concealed handgun license
applications; requiring the inclusion of the licensee's date of
birth, gender, height, weight, color of hair and color of eyes on
concealed handgun licenses; requiring the expiration date for a
renewal license to be five years from the expiration date of the
current license; specifying procedure for notifying sheriff of a change of name or address; specifying form of notice of suspension
or revocation of a concealed handgun license; conforming exemptions
to requirement of a license to carry a concealed weapon to conform
to the federal Law-Enforcement Officers Safety Act of 2004; and
conforming certain definitions to federal law.
Referred to the Committee on the Judiciary.
By Senators Caruth, Guills, Wells, Love, Barnes and White:
Senate Bill No. 718--
A Bill to amend and reenact §47-20-11 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §47-21-12a, all
relating to charitable gaming; and prohibiting family members of
gaming operators from participating in the conduct of bingo or
raffle occasions or related concessions.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance
.
By Senators Oliverio, Hunter and Guills:
Senate Bill No. 719--
A Bill to amend and reenact §8-12-5 of
the Code of West Virginia, 1931, as amended, relating to granting
municipalities the power and authority to regulate and license the
business of renting or leasing residential property.
Referred to the Committee on Government Organization; and then
to the Committee on Finance
.
By Senators Yoder and Barnes:
Senate Bill No. 720--
A Bill to amend and reenact §21-11-3 of
the Code of West Virginia, 1931, as amended, relating to exempting
computer system installation consultants from the requirement of having a contractor's license.
Referred to the Committee on Finance.
By Senator Yoder:
Senate Bill No. 721--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-10F-1, §11-10F-2, §11-10F-3, §11-10F-4 and §11-10F-
5, all relating to tax map sales.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance
.
By Senator Yoder:
Senate Bill No. 722--
A Bill to amend and reenact §8-6-1 of the
Code of West Virginia, 1931, as amended, relating to authorizing a
county commission to nullify an annexation of unincorporated
property under certain conditions.
Referred to the Committee on Government Organization; and then
to the Committee on Finance
.
By Senator Chafin:
Senate Bill No. 723--
A Bill to amend and reenact §30-6-3 and
§30-6-22 of the Code of West Virginia, 1931, as amended; to amend
said code by adding thereto a new article, designated §44-16-1,
§44-16-2, §44-16-3 and §44-16-4; and to amend and reenact §61-12-9
of said code, all relating to the creation of the Funeral Planning
Agent Designation Act; providing that a funeral planning agent may
authorize cremation; providing that a designated funeral planning
agent may authorize funeral arrangements; designating the title of
the act; definitions; designating of funeral planning agent; form of designation; and authority to enter into cremation contract.
Referred to the Committee on the Judiciary.
By Senators Caruth, Wells and Love:
Senate Bill No. 724--
A Bill to amend and reenact §47-20-15 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §47-21-15 of said code, all relating to charitable gaming;
prohibiting use of charitable bingo or charitable raffle funds for
improvements to real property not used exclusively for charitable
or public service purposes.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance
.
By Senators Caruth and Love:
Senate Bill No. 725--
A Bill to amend and reenact §47-23-9 and
§47-23-11 of the Code of West Virginia, 1931, as amended, all
relating to charitable raffle boards and games; prohibiting the
sale of raffle boards and games to unauthorized persons; and
prohibiting possession of charitable raffle boards and games by
unauthorized persons.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance
.
By Senators McKenzie and Oliverio:
Senate Bill No. 726--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §24-3-1c, relating to removal of utility poles;
requiring removal of a previous or former utility pole within
ninety days of installing a new utility pole; and providing penalties.
Referred to the Committee on the Judiciary.
By Senators Oliverio and Foster:
Senate Bill No. 727--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5B-2-6a, relating to the creation of brownfield
economic development districts.
Referred to the Committee on Economic Development; and then to
the Committee on Finance
.
By Senators Yoder, Guills, Barnes, Caruth, Boley, Facemyer,
Sprouse, Sypolt, Minard, Helmick, Plymale and Deem:
Senate Bill No. 728--
A Bill to amend and reenact §56-1-1 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §56-1-1a, all relating
to civil actions filed in the courts of the state; repealing
unconstitutional venue provision; and codifying the doctrine of
forum non conveniens.
Referred to the Committee on the Judiciary.
By Senators Jenkins and Plymale:
Senate Bill No. 729--A Bill to amend and reenact §64-6-1 of
the Code of West Virginia, 1931, as amended, relating to amending
the Fire Commission rule adopting the State Fire Code; and limiting
the exemption given to buildings used wholly as dwelling houses for
no more than two families to those buildings only when owner
occupied.
Referred to the Committee on the Judiciary.
By Senators McCabe, Plymale, Minard, Jenkins, Kessler, Barnes,
Caruth and Guills:
Senate Bill No. 730--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-10-7d; and to amend and reenact §11-10-8 of said
code, all relating to narrowing the basis for issuance of
assessments of additional taxes by the State Tax Commissioner.
Referred to the Committee on Finance.
By Senators McCabe and Bailey:
Senate Bill No. 731--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §22-7A-1, §22-7A-2, §22-7A-3, §22-7A-4 and §22-7A-5, all
relating to oil and natural gas production royalty payments; and
the calculation of production royalty payments.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary
.
By Senators Kessler, Foster, Hunter, Bowman, Love and Plymale:
Senate Bill No. 732--
A Bill to amend and reenact §31-20-27 of
the Code of West Virginia, 1931, as amended, relating to Regional
Jail and Correctional Facility Authority employees; and requiring
classified service designation for certain employees of the
regional jails and the Northern Regional Jail and Correctional
Facility.
Referred to the Committee on Government Organization; and then
to the Committee on Finance
.
By Senators Foster, McCabe, Hunter, Sprouse, Stollings and Minard:
Senate Bill No. 733--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5-1F-1; and to amend and reenact §16-30-4 of said code,
all relating to providing advanced directives in the form of living
wills, medical powers of attorney and combined medical powers of
attorney and living wills to public employees.
Referred to the Committee on the Judiciary.
By Senators Bowman and McKenzie:
Senate Bill No. 734--
A Bill to amend and reenact §11A-3-2 of
the Code of West Virginia, 1931, as amended, relating to sale of
real estate for back taxes; and requiring sheriff to post notice on
the delinquent real estate or on improvements on the delinquent
real estate.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance
.
By Senator Bowman:
Senate Bill No. 735--
A Bill to amend and reenact §30-40-7 of
the Code of West Virginia, 1931, as amended, relating to the Real
Estate Commission generally; providing for criminal background
checks through the Federal Bureau of Investigation on all
applicants; and providing for the assessment of a fee to cover the
cost of the criminal background check.
Referred to the Committee on Government Organization; and then
to the Committee on Finance
.
By Senator Kessler:
Senate Bill No. 736--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-2K-1, relating to prohibiting state funding of
abortions.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance
.
By Senator Deem:
Senate Bill No. 737--
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 Chafin, Caruth, Guills and Fanning:
Senate Bill No. 738--
A Bill to amend and reenact §17-16A-6 and
§17-16A-13 of the Code of West Virginia, 1931, as amended, all
relating to requiring the West Virginia Parkways, Economic
Development and Tourism Authority to present any proposed toll
revision to the Joint Committee on Government and Finance.
Referred to the Committee on Government Organization; and then to the Committee on Finance
.
By Senator Minard:
Senate Bill No. 739--
A Bill to amend and reenact §33-7-3 of
the Code of West Virginia, 1931, as amended, relating to the
accounting for and disclosures about transactions with affiliates
and other related parties.
Referred to the Committee on Banking and Insurance.
By Senator Boley:
Senate Bill No. 740--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17-2E-1, §17-2E-2, §17-2E-3, §17-2E-4, §17-2E-5 and
§17-2E-6, all relating to creating the West Virginia Transportation
Oversight Commission; legislative findings; dividing state into
five transportation districts; selecting members from each
district; compensation and expenses of members; funding for part-
time support staff person; powers and duties of commission;
meetings of the commission; and annual report to Governor and
Legislature.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance
.
By Senator Sprouse:
Senate Bill No. 741--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-2-3a, relating to prohibiting a convicted murderer
from living within one thousand yards of the victim's family.
Referred to the Committee on the Judiciary.
By Senators Yoder, Boley and Deem:
Senate Bill No. 742--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-15, relating to exempting airplanes from the
personal property tax.
Referred to the Committee on Finance.
By Senator Sypolt:
Senate Bill No. 743--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-5-30, relating to allowing pharmacists and other
individuals involved in dispensing medicines to refuse to fill
prescriptions or dispense any substance that can be used as an
abortifacient or that can be used as part of an abortion-related
procedure; providing employee protection; and providing criminal
penalty.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Plymale, Chafin, Fanning and Stollings:
Senate Bill No. 744--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31-15A-25, relating to infrastructure planning for new
roads; and creating a Highway Corridor Infrastructure Assistance
Program.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senator Hall:
Senate Joint Resolution No. 10--Proposing an amendment to the
Constitution of the State of West Virginia, amending section
twenty, article VI thereof, relating to the seat of government;
providing that the offices, agencies, departments and any and all
entities of the executive, legislative and judicial branches of
state government may be located anywhere in the state as provided
by law
; 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 Chafin, Helmick, Bailey, Minard and Sprouse:
Senate Joint Resolution No. 11--Proposing an amendment to the
Constitution of the State of West Virginia, amending section two,
article VI, and sections one and four, article VII thereof, all
relating to the Legislature and executive department; providing for
a reduction in the number of delegates and senators; eliminating
the succession of the Governor; providing for one term of six
years; 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.
At the request of Senator Chafin, and by unanimous consent,
the Senate
returned to the fourth order of business.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 355, Relating to State Police Retirement
System.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 355 (originating in the
Committee on Pensions)--A Bill
to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §15-
2-24b; to amend and reenact §15-2A-6, §15-2A-9, §15-2A-10 and
§15-2A-12 of said code; and to amend and reenact §61-7-4 of said
code, all relating to the West Virginia State Police Retirement
System; lowering the normal retirement age; eliminating any
reduction in the disability benefit of a State Police officer who
is disabled on the job; increasing limit on scholarship money
available to certain surviving dependent children; raising fees for
certain finger-printing services and permits to carry deadly
weapon; and dedicating additional fees to the State Police
Retirement Fund.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill (Com. Sub. for S. B. No. 355), under the original
double committee reference, was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 361, Establishing work programs for qualified
inmates.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 361 (originating in the
Committee on the Judiciary)--A Bill
to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31-20-30, relating to authorizing the Executive
Director of the West Virginia Regional Jail and Correctional
Facility Authority to establish a work program for qualified
inmates in regional jail facilities; providing accounting
procedures and requirements; specifying required deductions from
earnings; permitting transfer of funds to the Commissioner of
Corrections; and authorizing legislative rules.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 361), under the original
double committee reference, was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 375, Creating WV Managing for Results Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 375 (originating in the
Committee on Government Organization)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §5A-1B-1, §5A-1B-2, §5A-1B-3, §5A-1B-4, §5A-1B-5 and
§5A-1B-6, all relating to creating the West Virginia Managing for
Results Act; legislative findings; definitions; agency strategic
plans; creation and use of state comprehensive plan; and reporting
requirements.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 375), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 471, Relating to funding entities ensuring
transportation safety on state highways.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 471 (originating in the
Committee on Transportation and Infrastructure)--A Bill
to repeal
§17C-17B-3 of the Code of West Virginia, 1931, as amended; to amend
and reenact §5B-2-12 of said code; to amend and reenact §15-2-12 of
said code; and to amend and reenact §17C-17B-4 of said code, all
relating to funding of entities ensuring transportation public
safety on state highways; providing for the funding of the Public
Service Commission Weight Enforcement Division; providing for the
funding of the State Police enforcement of traffic regulations and
rules of the road; and providing for the funding of a courtesy
patrol.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 471), under the original
double committee reference, was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 514, Relating to information technology
donations.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 541, Relating to public school finance.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 541 (originating in the
Committee on Education)--A Bill
to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-
1C-5b; to amend and reenact §11-8-6f of said code; to amend said
code by adding thereto a new section, designated §11-21-23; to amend and reenact §18-9A-2 and §18-9A-11 of said code; and to amend
said code by adding thereto a new section, designated §18-9A-2a,
all relating to public school finance; requiring local share to be
calculated assuming properties are being assessed at sixty percent
of market value; eliminating the one-percent limit on revenue
generated by the regular school board levy; freezing the school
board levy rates at their current rate; amending growth county
definition and clarifying what new property values to include for
the purposes of the Growth County School Facilities Act; increasing
state aid to financially impacted counties and counties assessing
at a minimum of fifty-seven percent of market value by reducing the
percentage used to calculate levies for general current expense
purposes; providing for a refundable property tax credit for real
property taxes paid in excess of a certain percent of income;
requiring that a library funding obligation created by special act
be paid from certain funds; limiting a library funding obligation;
under certain conditions, allowing a transfer of the library
funding obligation so that the obligation is paid from excess levy
revenues; and under certain conditions, voiding the library funding
obligation.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 541), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 610, Relating to electronic voting systems
generally.
And,
Senate Bill No. 617, Requiring voter history on statewide
registration system.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on Finance.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the thirteenth order of business.
At the request of Senator McKenzie, unanimous consent being
granted, it was ordered that the Journal show had Senator McKenzie
been present in the chamber on Friday, February 16, 2007, he would
have voted "yea" on the passage of Engrossed
Senate Bill No. 104,
Engrossed Committee Substitute for Senate Bill No. 105, Engrossed
Senate Bill No. 142,
Engrossed Senate Bill No. 204, Engrossed
Senate Bill No. 206, Engrossed Committee Substitute for Senate Bill
No. 382, Engrossed Senate Bill No. 454, Engrossed Senate Bill No.
489, Engrossed Committee Substitute for Senate Bill No. 512,
Engrossed Senate Bill No. 530, Engrossed Senate Bill No. 531,
Engrossed Committee Substitute for Senate Bill No. 539, Engrossed
Committee Substitute for House Bill No. 2120, Engrossed House Bill
No. 2285 and Engrossed Committee Substitute for House Bill No.
2314.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, February 20, 2007, at 11 a.m.
____________