WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

FIRST DAY

____________

Charleston, W. Va., Wednesday, January 14, 2004

     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 fourteenth day of January, two thousand four, for the second annual sixty-day session of the seventy-sixth 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 Lee McDermott, First Presbyterian Church, Logan, West Virginia.
     On the call of the roll, and the following answered to their names:
     Senators  Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President).
     Thirty-three members having answered to their names, the President declared the presence of a quorum.
     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 White, Jenkins and Facemyer.
     Subsequently, Senator White reported that the committee had performed the duty assigned to it.
     The first message this session from the House of Delegates, by
     Delegates Stemple, Manchin and G. White, 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-sixth 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 Sharpe, Fanning and Boley.
     A message from the House of Delegates, by
     Delegates Houston, Martin and Smirl, 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 Sharpe reported that the joint Senate and House committee had performed the duty assigned to it.
     At the request of Senator Chafin, unanimous consent being granted, the Senate stood in observance of a moment of silence in recognition of the passing of Tony DeRaimo, Senate Sergeant at Arms.
     On motion of Senator Chafin, the Senate recessed for five minutes.
     Upon expiration of the recess, the Senate reconvened and 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-- Raising a Joint Assembly to hear an address by His Excellency, the Governor.
     Whereas, His Excellency, the Governor, has advised that he will be pleased to address a Joint Assembly of the Senate and House of Delegates at the convenience of the two houses; therefore, be it
     Resolved by the Legislature of West Virginia:
     That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the Legislature at 7:00 o'clock postmeridian this day; and, be it
     Further Resolved, That the President of the Senate and the Speaker of the House of Delegates appoint three members of each of the respective houses of the Legislature as a committee to wait upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the time herein appointed for hearing the address.
      The message further announced the appointment of the following committee on the part of the House of Delegates:
     Delegates Houston, Martin and Smirl.
     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, Sharpe and Sprouse.
     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 were introduced, read by their titles, and referred to the appropriate committees:
     By Senators Ross, Unger, Minard, Sharpe, Smith, Weeks, White, Fanning, Rowe, Jenkins, Caldwell, McCabe, Snyder, Bowman, Love, Dempsey, Deem, Facemyer, Hunter, McKenzie, Harrison, Boley, Guills, Minear, Sprouse and Tomblin (Mr. President):
     Senate Bill No. 1-- A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13U-1, §11-13U-2 and §11-13U-3, all relating to taxation; and providing a small business tax credit equal to any guaranty fee paid to the small business administration to obtain small business administration financing .
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senators Love, Smith, Ross, Sharpe, Dempsey, Weeks, Minear, Minard and Caldwell:
     Senate Bill No. 2--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 from both parents; and providing for a penalty.
     Referred to the Committee on the Judiciary.
     By Senators Hunter, Rowe, Unger, Caldwell, White, Sharpe and Ross:
     Senate Bill No. 3-- A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-29C-1, §16-29C-2, §16-29C-3, §16-29C-4, §16-29C-5, §16-29C-6, §16-29C-7, §16-29C-8, §16-29C-9, §16-29C-10, §16-29C-11 and §16-29C-12, all relating to the "prescription drug assistance project"; setting forth definitions; providing that the department of health and human resources request a waiver of federal law; providing for eligibility criteria; providing for fees and a copayment schedule; creating the "prescription drug price reduction fund"; setting forth purposes of the fund; setting forth sources for the fund to be funded; providing the secretary of health and human resources may transfer moneys from the fund to elderly low-cost drug programs established or maintained in this state; providing for a rebate agreement with drug manufacturers; providing for a rebate amount; providing for discounted prices for qualified residents; providing for the operation of the program; providing that the department administer the program and other medical and pharmaceutical assistance programs; authorizing the department to coordinate with other programs; requiring the department to propose legislative rules to implement the program; and providing for the drug rebate program.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senators White and Love:
     Senate Bill No. 4-- A Bill to amend and reenact §20-5-3 of the code of West Virginia, 1931, as amended, relating to transferring Big Ditch Lake wildlife management area from the wildlife resources section of the division of natural resources to the parks section of the division of natural resources.
     Referred to the Committee on Natural Resources; and then to the Committee on Finance.
     By Senators Ross, Sharpe, Facemyer and Smith:
     Senate Bill No. 5-- A Bill to amend and reenact §5F-1-2 of the code of West Virginia, 1931, as amended, relating to combining the offices and duties of the state commissioner of highways and the secretary of transportation; and designating salary.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Bailey:
     Senate Bill No. 6--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2-16, relating to prohibiting local boards of health from requiring smoke-free areas; allowing requirement of signs designating smoking and nonsmoking areas under certain circumstances; and giving the governor the authority to allow or prohibit smoking in governmental buildings.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Bailey:
     Senate Bill No. 7--A Bill to amend and reenact §17C-6-1 of the code of West Virginia, 1931, as amended, relating to traffic regulations; designating a minimum speed limit for the passing lane on interstate highways; and providing a misdemeanor penalty for violations.
     Referred to the Committee on Transportation.
     By Senator Bailey:
     Senate Bill No. 8-- A Bill to amend and reenact §50-2-1 of the code of West Virginia, 1931, as amended, relating to giving magistrates the authority to perform marriages; and allowing magistrates to charge up to fifty dollars for performing a marriage.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Ross and Unger:
     Senate Bill No. 9-- A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-34, relating to the dedication of one percent of the sales tax collected to the counties to be used for any governmental purpose, including public education; and providing that this be phased in over a three-year period.
     Referred to the Committee on Finance.
     By Senators Ross, Sharpe, Minear, Facemyer, Love, Unger, Caldwell, Fanning, Rowe, Smith and Hunter:
     Senate Bill No. 10-- A Bill to amend and reenact §17-2C-6 of the code of West Virginia, 1931, as amended, relating to extending the time period for the study of the state system of orphan roads and bridges.
     Referred to the Committee on Transportation.
     By Senator Hunter:
     Senate Bill No. 11-- A Bill to amend and reenact §5-10D-1 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §5-10E-1, §5-10E-2, §5-10E-3, §5-10E-4, §5-10E-5, §5-10E-6, §5-10E-7, §5-10E-8, §5-10E-9, §5-10E-10, §5-10E-11, §5-10E-12, §5-10E-13, §5-10E-14, §5-10E-15, §5-10E-16, §5-10E-17, §5-10E-18, §5-10E-19, §5-10E-20, §5-10E-21, §5-10E-22, §5-10E-23, §5-10E-24, §5-10E-25, §5-10E-26, §5-10E-27, §5-10E-28, §5-10E-29, §5-10E-30, §5-10E-31, §5-10E-32, §5-10E-33, §5-10E-34 and §5-10E-35, all relating to the consolidated public retirement board; providing that the board administer the emergency medical services retirement system; setting forth that each board member has a fiduciary obligation to each retirement system and to each member of those retirement systems; clarifying that board members are not personally liable for any debt or obligation of the board unless certain circumstances exist; directing board members to discharge their duties in accordance with the law governing the retirement systems; and establishing the emergency medical services retirement system act.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senator Bailey:
     Senate Bill No. 12-- A Bill to amend and reenact §5F-1-2 of the code of West Virginia, 1931, as amended; to amend and reenact §5F-2-1 of said code; to amend said code by adding thereto a new section, designated §5F-2-7; to amend and reenact §6-7-2a of said code; to amend and reenact §9-1-2 of said code; to amend and reenact §9-2-1a of said code; to amend and reenact §16-1-2 of said code; to amend and reenact §16-5P-7 of said code; to amend and reenact §16-5S-5 of said code; to amend and reenact §16-22A-3 of said code; to amend and reenact §16-29D-3 of said code; to amend and reenact §16-29E-2 and §16-29E-3 of said code; to amend and reenact §18-10K-2 of said code; to amend and reenact §33-25B-2 of said code; to amend and reenact §33-25D-29 of said code; to amend said code by adding thereto a new section, designated §48-1-220a; to amend and reenact §48-1-236 of said code; to amend and reenact §48-26-501, §48-26-502 and §48-26-503 of said code; to amend and reenact §49-1-4 of said code; to amend and reenact §49-4-1, §49-4-4 and §49-4-5 of said code; to amend and reenact §49-4A-2, §49-4A-5 and §49-4A-6 of said code; to amend and reenact §49-5D-5 of said code; and to amend and reenact §49-7-1 and §49-7-30 of said code, all relating to dividing the department of health and human resources into the department of health and the department of human resources.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Hunter, Rowe, Caldwell, White, Sharpe and Minard:
     Senate Bill No. 13-- A Bill to amend and reenact §5-16B-6 of the code of West Virginia, 1931, as amended, relating to the children's health insurance program; and expanding availability of coverage to children whose family income is less than two hundred fifty percent of the federal poverty guideline.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senator Hunter:
     Senate Bill No. 14-- 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 and §11-28-14 , all relating to authorizing county commissions to impose a recreation and amusement tax; requiring approval by voters; providing legislative findings; specifying maximum rate of tax; calculation of tax; taxable events, fees, services and sales; accounting and reporting by vendor; exempted fees, services and sales; collection and recordkeeping by county sheriffs; and dedication of funds.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator McKenzie:
     Senate Bill No. 15-- A Bill to amend and reenact section §18A-4-7a of the code of West Virginia, 1931, as amended, relating to removing the requirement that a substitute teacher work at least one hundred thirty-three days in a school year to count that employment toward seniority for full-time employment hiring purposes.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators McKenzie, Jenkins and Sprouse:
     Senate Bill No. 16-- A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-21, relating to limiting the liability of physicians who render services without remuneration to indigent individuals in need of medical services.
     Referred to the Committee on the Judiciary.
     By Senator McKenzie:
     Senate Bill No. 17-- A Bill to amend and reenact §61-8-9 of the code of West Virginia, 1931, as amended, relating to increasing criminal penalties for indecent exposure.
     Referred to the Committee on the Judiciary.
     By Senator Love:
     Senate Bill No. 18--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-14F-1, §7-14F-2, §7-14F-3, §7-14F-4, §7-14F-4a, §7-14F-5, §7-14F-6, §7-14F-6a, §7-14F-6b, §7-14F-6c, §7-14F-7, §7-14F-8, §7-14F-9, §7-14F-10, §7-14F-11, §7-14F-12, §7-14F-13, §7-14F-14, §7-14F-15, §7-14F-16, §7-14F-17, §7-14F-18, §7-14F-19 and §7-14F-20, all relating to creating the "West Virginia Division of Corrections Retirement System Act".
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senators Hunter, Rowe, White, Caldwell and Sharpe:
     Senate Bill No. 19--A Bill to amend and reenact §5-16B-1 of the code of West Virginia, 1931, as amended, relating to expansion of health coverage to children; and providing exceptions to application and waiting period if existing coverage is excessively expensive for families with private health insurance.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senator Ross:
     Senate Bill No. 20--A Bill to amend and reenact §55-10-1, §55-10-2, §55-10-3, §55-10-4, §55-10-5, §55-10-6, §55-10-7, §55-10-8, §55-10-9, §55-10-10, §55-10-11, §55-10-12, §55-10-13, §55-10-14, §55-10-15, §55-10-16, §55-10-17, §55-10-18, §55-10-19, §55-10-20, §55-10-21, §55-10-22, §55-10-23, §55-10-24, §55-10-25, §55-10-26, §55-10-27, §55-10-28, §55-10-29, §55-10-30, §55-10-31 and §55-10-32 of the code of West Virginia, 1931, as amended, all relating to arbitration cases; definitions; application and effect of arbitration; compelling and staying arbitration; consolidating separate proceedings; appointing arbitrator; process; witnesses; award and its enforcement; and other judicial relief.
     Referred to the Committee on the Judiciary.
     By Senator Ross:
     Senate Bill No. 21--A Bill to amend and reenact §18-8-1, §18-8-4 and §18-8-7 of the code of West Virginia, 1931, as amended; and to amend and reenact §18-28-2 and §18-28-3, all relating to extending the compulsory period of school attendance to age eighteen.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Ross, Jenkins, Kessler, Sharpe, Deem, Facemyer, Weeks, Minear, Guills, Boley, Smith, Hunter, Rowe, Fanning, White, McCabe, Caldwell, Love, Harrison, McKenzie, Unger and Minard:
     Senate Bill No. 22--A Bill to amend and reenact §17B-1-1 of the code of West Virginia, 1931, as amended; to amend and reenact §17B-3-9 of said code; to amend and reenact §17B-4-3 of said code; to amend said code by adding thereto a new section, designated §17C-1-67; to amend and reenact §17C-5-2, §17C-5-6a and §17C-5-8 of said code; to amend and reenact §17C-5A-1, §17C-5A-1a, §17C-5A-2, §17C-5A-2a and §17C-5A-3a of said code; to amend and reenact §20-7-18 and §20-7-18b of said code; and to amend and reenact §33-6A-1 of said code, all relating to driving or operating a motor vehicle, motorboat or other vessel under the influence of alcohol, controlled substances or drugs; reducing the allowable blood alcohol content for driving under the influence from ten hundredths to eight hundredths of one percent of body weight; increasing reinstatement and hearing docket fees; defining the term "conviction"; increasing criminal penalties; and requiring mandatory participation in the motor vehicle alcohol test and lock program for repeat offenders.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators White, Rowe, Oliverio, Unger, Hunter, Ross, Love, Caldwell and Fanning:
     Senate Bill No. 23--A Bill to amend the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated §11-13U-1, §11-13U-2, §11-13U-3, §11-13U-4, §11-13U-5, §11-13U-6, §11-13U-7, §11-13U-8, §11-13U-9, §11-13U-10, §11-13U-11, §11-13U-12, §11-13U-13, §11-13U-14, §11-13U-15, §11-13U-16, §11-13U-17, §11-13U-18, §11-13U-19, §11-13U-20 and §11-13U-21, all relating to taxation generally; setting forth short title; setting forth legislative findings; defining terms; specifying method for determining tax attributable to qualified investment; specifying eligibility for tax credit; specifying procedures for application for certification and for certification of project plans; specifying limitations on certification and criteria for certification; specifying applications for certification are public information; specifying procedures and criteria for decertification of projects or withdrawal or suspension of certification of projects or decrease of amounts of credit or qualified investment for which a project is certified; providing for audits and investigations; specifying confidentiality of certain information; providing for a project administration allowance to be deposited in a revolving fund for use by the division of tourism; establishing the small tourism business fund as a revolving fund; providing for a tax administration allowance to be deposited in a revolving fund for use by the tax department; establishing the general tax administration fund as a revolving fund; specifying method for determining qualified investment; specifying amount of tax credit allowed; setting forth application of credit; specifying method for assertion of credit and filings; specifying requirements for reporting of credit; setting forth total maximum aggregate tax credit limitation; specifying forfeiture of unused tax credits; specifying redetermination of credit; specifying recapture of credit; specifying treatment for premature disposition of qualified property; specifying treatment for premature cessation of use of qualified property; specifying recapture tax; specifying imposition of recapture tax; specifying application of the West Virginia tax procedure and administration act to the recapture tax; setting forth rules for transfer of qualified property to successors; specifying treatment of successor businesses where predecessor is entitled to the credit; specifying treatment of a mere change in the form of doing business; requiring and specifying identification of qualified tourism development property; specifying rules for failure to keep adequate records; specifying certain credit information to be published as public information; authorizing audits and joint audits or examinations of taxpayers claiming the credit and certain other persons; requiring program evaluation; setting forth expiration date for the tax credit program; specifying preservation of vested entitlements; specifying general procedure and administration and adoption of the West Virginia tax procedure and administration act as applying to the tax credit; and authorizing promulgation of regulations.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senator Bailey:
     Senate Bill No. 24--A Bill to amend and reenact §18-2-8a of the code of West Virginia, 1931, as amended, relating to mandating an orientation program in firearms and firearm safety in public schools; and specifying course requirements.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Rowe, Weeks, Caldwell and Smith:
     Senate Bill No. 25--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-10-32, relating to crimes against public policy generally; prohibiting participation in human and embryonic cloning; 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 Plymale and Edgell:
     Senate Bill No. 26--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-3-9a, relating generally to payment in lieu of property tax agreements; prescribing uniform minimum reporting and content requirements for payment in lieu of tax agreements; requiring that agreements be filed in county clerk's office and with chief inspector and secretary of tax and revenue and updated annually; requiring that local levying bodies approve payment in lieu of tax agreements; permitting chief inspector to specify content of agreement and summaries by procedural rules; specifying method for allocation and distribution of payments in lieu of property taxes, whether payment is received in money or other property; specifying how in lieu of property tax payments received by a board of education are treated for purpose of state school aid formula; defining certain terms; specifying when and how these rules apply and exempting certain agreements from their application; and providing effective dates.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Rowe and Oliverio:
     Senate Bill No. 27--A Bill to amend and reenact §18-7A-26r of the code of West Virginia, 1931, as amended, relating to reducing retired teachers' service time to qualify for a pension increase from twenty years to fifteen years.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senator Rowe:
     Senate Bill No. 28--A Bill to amend and reenact §38-8-1 of the code of West Virginia, 1931, as amended, relating to increasing the monetary value of exemptions from levy, forced sale, attachment or execution of certain personal property.
     Referred to the Committee on the Judiciary.
     By Senators Love and Dempsey:
     Senate Bill No. 29--A Bill to amend and reenact §50-5-7 of the code of West Virginia, 1931, as amended, relating to providing for the joinder of misdemeanor prosecutions in circuit court originally charged in magistrate court where a defendant is charged by complaint with felonies and misdemeanors which are parts of the same transaction or a common scheme or plan.
     Referred to the Committee on the Judiciary.
     By Senators Love, Hunter, Rowe, Ross, Facemyer, White, Dempsey, McKenzie and Boley:
     Senate Bill No. 30--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §25-1-12; to amend said code by adding thereto a new section, designated §29-6-10b; to amend and reenact §31-20-27 of said code; and to amend said code by adding thereto a new section, designated §49-5E-5b, all relating to the salaries and classifications of certain employees of the division of corrections, the division of juvenile services and the regional jail and correctional facility authority.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Love and Dempsey:
     Senate Bill No. 31--A Bill to amend and reenact §20-2-7 of the code of West Virginia, 1931, as amended, relating to providing that a person is not guilty of trespassing or hunting without permission merely because the person's dog pursues an animal or wild bird onto another person's private or leased land; and providing that prior to pursuing a straying dog the person make reasonable efforts to notify the owner of the property of that person's intention to pursue the dog.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senator McKenzie:
     Senate Bill No. 32--A Bill to amend and reenact §61-8-28 of the code of West Virginia, 1931, as amended, relating to the creation of the criminal offense of engaging in voyeurism where an individual has expectation of privacy; providing an exception for law-enforcement and security surveillance; and limiting a criminal action pursuant to the section to three years.
     Referred to the Committee on the Judiciary.
     By Senators McKenzie, Sprouse, Smith and Minear:
     Senate Bill No. 33--A Bill to amend and reenact §11-21-12 of the code of West Virginia, 1931, as amended, relating to exempting interest income on United States savings bonds from state personal income tax for persons sixty-five years old or older.
     Referred to the Committee on Finance.
     By Senators Hunter and Caldwell:
     Senate Bill No. 34--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31A-4-46, relating to limiting the liability of a West Virginia merchant for credit card fraud over the internet; limiting rates charged; and requiring credit card companies to report annually to the attorney general on prosecutions of credit card fraud cases against businesses in this state.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senators Hunter, Caldwell, White, McKenzie, Love, Unger, Fanning, Rowe, Ross, Dempsey and Facemyer:
     Senate Bill No. 35--A Bill to amend and reenact §18-7A-25 of the code of West Virginia, 1931, as amended, relating to state teachers retirement system; and allowing eligibility for retirement, with full pension rights, when a member's age plus years of contributing service equals or exceeds eighty.
     Referred to the Committee on Education; then to the Committee on Pensions; and then to the Committee on Finance.
     By Senators Hunter, Caldwell, McKenzie and Unger:
     Senate Bill No. 36--A Bill to amend and reenact §11-21-12 of the code of West Virginia, 1931, as amended, relating to granting modification to adjusted gross income for higher education employees who retire under a retirement plan other than the public employees retirement system or the state teachers retirement system.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Hunter, Caldwell, White, Sharpe, Rowe and Unger:
     Senate Bill No. 37--A Bill to amend and reenact §5-16B-1 of the code of West Virginia, 1931, as amended, relating to expansion of health care coverage to children; and providing presumptive eligibility.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senator Ross:
     Senate Bill No. 38--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-5-13, relating to prohibiting certain county officeholders from holding another full-time state position.
     Referred to the Committee on the Judiciary.
     By Senators Ross, Dempsey, Love, White, Facemyer, Fanning, Caldwell, Rowe, McCabe, Minard, Hunter, Weeks, Boley and Smith:
     Senate Bill No. 39--A Bill to amend and reenact §22-13-15 of the code of West Virginia, 1931, as amended, relating to allowing landowners to enter small streams and ditches for the purpose of removing debris to prevent flooding without criminal or civil liability.
     Referred to the Committee on the Judiciary.
     By Senators White and Rowe:
     Senate Bill No. 40--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-29-11, relating to prohibiting law-enforcement surveillance of individuals and groups of individuals participating in constitutionally protected activities without a particularized suspicion of criminal activity unrelated to the protected activity.
     Referred to the Committee on the Judiciary.
     By Senator Bailey:
     Senate Bill No. 41--A Bill to amend and reenact §20-1-3 of the code of West Virginia, 1931, as amended, relating to renaming the division of natural resources the division of wildlife, recreation and parks.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Rowe:
     Senate Bill No. 42--A Bill to amend and reenact §5B-2-9 of the code of West Virginia, 1931, as amended, relating to the powers and duties of the tourism commission; and adding heritage preservation tourism programs.
     Referred to the Committee on Economic Development; and then to the Committee on Government Organization.
     By Senator Rowe:
     Senate Bill No. 43--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-29-11, relating to law-enforcement training and certification generally; and requiring a police agency hiring a police officer within three years of the police officer's graduation from an approved law-enforcement training academy to reimburse a portion of the costs of that training paid by another police agency if different from the hiring police agency.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Hunter:
     Senate Bill No. 44--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §50-1-9b, relating to temporary appointment of retired magistrate clerks in single-clerk counties.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Rowe:
     Senate Bill No. 45--A Bill to amend and reenact §17C-5A-1a of the code of West Virginia, 1931, as amended, relating to suspension and revocation of a license to operate a motor vehicle generally; and including a court-accepted plea of nolo contendere or no contest to a criminal charge of driving under the influence of alcohol, controlled substances or drugs as having the same effect as a conviction in administrative license revocation proceedings.
     Referred to the Committee on the Judiciary.
     By Senators Unger, McCabe and Rowe:
     Senate Bill No. 46--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-2A-6, relating to authorizing the governing board of an institution of higher education to determine when that institution may become a university after the institution has met the eligibility requirements established by the higher education policy commission.
     Referred to the Committee on Education.
     By Senators Hunter, Caldwell and Rowe:
     Senate Bill No. 47--A Bill to amend and reenact §5-16B-1 of the code of West Virginia, 1931, as amended, relating to expansion of health care coverage to children; and requiring the children's health insurance program board to implement and develop a coordinated program with the medicaid program for children's health coverage with a single system, name, identity and enrollment card.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     On motion of Senator Chafin, the Senate recessed until 6:45 p.m. today.