(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

REGULAR SESSION, 2005

FIRST DAY

____________

Charleston, W. Va., Wednesday, February 9, 2005

The Senate met at 12 Noon.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Right Reverend W. Michie Klusmeyer, Bishop, Episcopal Diocese of West Virginia, Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, January 12, 2005,
On motion of Senator Love, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Clerk presented a communication from the Motorcycle Safety Awareness Board, submitting its annual report as required by chapter seventeen-b, article one-d, section eight of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Office of the Insurance Commissioner, submitting its report on the Office of the Consumer Advocate, in accordance with chapter thirty-three, article two, section fifteen-c of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Office of the Insurance Commissioner, submitting its report on third-party causes of action as required by chapter thirty-three, article two, section fifteen-b of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Support Enforcement Commission, submitting its review of the child support formula, in accordance with chapter forty-eight, article seventeen, section one hundred nine of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the West Virginia Lottery, submitting its annual report as required by chapter twenty-nine, article twenty-two, section twenty of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 4--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 Caputo, Hatfield and L. White.
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 and joint resolutions were introduced, read by their titles, and referred to the appropriate committees:

By Senator McKenzie:
Senate Bill No. 1--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 human and embryonic cloning; and prescribing criminal penalties for violations of said section.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

By Senator Minard:
Senate Bill No. 2-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9i, relating to providing an exemption from consumers sales tax for certain charges by mortgage brokers, lenders and loan originators licensed by the Commissioner of Banking; and specifying an effective date.
Referred to the Committee on Finance.

By Senator Minard:
Senate Bill No. 3--A Bill to amend and reenact §33-6-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-16B-1, §33-16B-2 and §33-16B-3 of said code, all relating to rate and form filing for group accident and sickness policies.
Referred to the Committee on Banking and Insurance.

By Senator Minard:
Senate Bill No. 4--A Bill to amend and reenact §46A-6-102 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46A-6-111, all relating to defining "consumer reporting agency"; requiring consumer reporting agencies to notify consumers of negative credit reports in advance of their release; and providing a cause of action and civil penalties for violations.
Referred to the Committee on the Judiciary.

By Senator Minard:
Senate Bill No. 5--A Bill to amend and reenact §46A-4-101 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46A-4-102a, all relating to the authority of regulated consumer lenders to make loans; and requiring continuing education of individual regulated consumer lender loan originators.
Referred to the Committee on Banking and Insurance.

By Senator Oliverio:
Senate Bill No. 6-- A Bill to amend and reenact §3-1A-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-3-8 of said code, all relating to election law generally; requiring rulemaking in certain circumstances; providing that counties using voting machines may count absentee ballots at the courthouse on election day; and prohibiting disclosure or posting of results prior to closing of the polls.
Referred to the Committee on the Judiciary.

By Senator Dempsey:
Senate Bill No. 7--A Bill to amend and reenact §18A-3-10 of the Code of West Virginia, 1931, as amended, relating to criminal history checks of applicants for licensure by the Department of Education; and providing for criminal history checks for people who are not employed by county boards of education but who work directly with children in grades kindergarten through twelve on school property.
Referred to the Committee on Education; and then to the Committee on the Judiciary.

By Senator Dempsey:
Senate Bill No. 8--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-14, relating to prohibiting school employees from counseling, referring, transporting or assisting any student to obtain an abortion; and providing that nothing in said section may be construed as approving of abortion.
Referred to the Committee on Education; and then to the Committee on the Judiciary.

By Senators Bailey and Love:
Senate Bill No. 9- A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended, relating to correctional employees; and allowing correctional officers to be paid for any unused annual leave that exceeds the amount that may be carried over from one year to the next.
Referred to the Committee on Finance.

By Senator Bailey:
Senate Bill No. 10--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-6-31, relating to making the destruction of a landlord's property which has been rented for residential purposes a criminal offense; providing that damage greater than three hundred dollars but less than one thousand dollars constitutes a misdemeanor; providing that damage greater than one thousand dollars constitutes a felony; providing that tenants who leave trash when vacating a premises may be guilty of a misdemeanor if it costs more than one hundred dollars to remove it; providing that damage deposits be used to offset ascertainment of value of damage; providing for the determination of prima facie evidence under certain circumstances; providing that tenants or others in privity of contract with landlords or lessors have a duty to report damage not caused by themselves; and providing a criminal penalty for failure to report the damage under certain circumstances.
Referred to the Committee on the Judiciary.

By Senator Bailey:
Senate Bill No. 11--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-28, relating to dissolving the Division of Personnel and the civil service system; and providing that the various agencies, divisions and departments of government are responsible for their own personnel matters.
Referred to the Committee on Government Organization; and then to the Committee on Finance.

By Senator Edgell:
Senate Bill No. 12--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §2-2A-l, §2-2A-2 and §2-2A-3, all relating to the establishment of the English language as the official language of the State of West Virginia .
Referred to the Committee on the Judiciary.

By Senator McKenzie:
Senate Bill No. 13--A Bill to amend and reenact §61-8-28 of the Code of West Virginia, 1931, as amended, relating to criminal invasion of privacy generally; adding the criminal offense of voyeurism where an individual has an expectation of privacy; providing misdemeanor penalties; providing an exception for law-enforcement and security surveillance; and limiting a criminal action pursuant to said section to three years.
Referred to the Committee on the Judiciary.

By Senator McKenzie:
Senate Bill No. 14--A Bill to amend and reenact §61-8-9 of the Code of West Virginia, 1931, as amended, relating to establishing increased criminal penalties for subsequent convictions for indecent exposure.
Referred to the Committee on the Judiciary.

By Senator Bailey:
Senate Bill No. 15-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9- 4E-1 and §9-4E-2, all relating to exempting certain physicians from obtaining preauthorization before dispensing psychotrophic medications to mentally ill Medicaid recipient patients in order to avoid catastrophic results from inadequate and untimely treatment; and providing findings by the Legislature.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.

By Senators Bailey, Unger, Love, Weeks, Minard, Chafin, Dempsey, Sharpe, Hunter, Minear, Kessler, Plymale, Bowman, Jenkins, Oliverio, Foster and Barnes:
Senate Bill No. 16-- A Bill to amend and reenact §11-15-11 of the Code of West Virginia, 1931, as amended, relating to exempting veterans' organizations from the state sales tax.
Referred to the Committee on Finance.

By Senator Bowman:
Senate Bill No. 17--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §12- 4-17, relating to public moneys; and prohibiting payment of same to certain entities.
Referred to the Committee on Government Organization; and then to the Committee on Finance.

By Senators Boley and Minear:
Senate Bill No. 18-- A Bill to amend and reenact §49-2-14 of the Code of West Virginia, 1931, as amended, relating to rights of foster parents and certain relatives in child adoption procedures.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

By Senator Kessler:
Senate Bill No. 19--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2- 6b, relating to the creation of an Office of Inspector General within the Department of Health and Human Resources.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.

By Senator Love:
Senate Bill No. 20--A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting from taxation streets or rights-of-way used for ingress and egress in a subdivision when the streets or rights-of-way have been conveyed to a duly incorporated homeowners' association.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senators Love and White:
Senate Bill No. 21--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 Finance.

By Senators Love and White:
Senate Bill No. 22--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §25- 1-11f; and to amend and reenact §31-20-27 of said code, all relating to establishing a salary schedule for officers and employees of corrections institutions.
Referred to the Committee on Finance.

By Senators McKenzie, Barnes and Weeks:
Senate Bill No. 23--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16B-11, relating to providing that unborn children are eligible for the Children's Health Insurance Program.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.

By Senator Deem:
Senate Bill No. 24-- A Bill to amend and reenact §17-24A-1 and §17-24A-2 of the Code of West Virginia, 1931, as amended, all relating to abandoned motor vehicles; definitions; exceptions; and penalties.
Referred to the Committee on the Judiciary.

By Senators Boley, Minear and Weeks:
Senate Bill No. 25--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-30A-1, §30-30A-2, §30-30A-3, §30-30A-4, §30-30A-5, §30-30A-6 and §30-30A-7, all relating to establishing social workers' code of ethics.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

By Senator Fanning:
Senate Bill No. 26--A Bill to amend and reenact §5-10-22f of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-7A-26r of said code, all relating to the Public Employees Retirement Act and the State Teachers Retirement System; and including disability retirees within the eligibility rules for minimum retirement benefits under the public employees and the state teachers retirement systems.
Referred to the Committee on Pensions; and then to the Committee on Finance.

By Senator Edgell:
Senate Bill No. 27-- A Bill to amend and reenact §17-24-7 of the Code of West Virginia, 1931, as amended, relating to providing a limitation of liability for remediation costs for certain owners of real property where waste tires existed when the owners were not responsible for the accumulation of the waste tires on the property.
Referred to the Committee on the Judiciary.

By Senators McKenzie and Barnes:
Senate Bill No. 28--A Bill to amend and reenact §61-2-14a of the Code of West Virginia, 1931, as amended, relating to defining "bodily injury" for purposes of sentencing enhancement under the kidnaping statute.
Referred to the Committee on the Judiciary.

By Senator Fanning:
Senate Bill No. 29-- A Bill to amend and reenact §20-7-4 of the Code of West Virginia, 1931, as amended, relating to law- enforcement powers and duties of conservation officers; procuring and executing arrest and search warrants on certain lands and waters; empowering conservation officers to stop and board vessels to conduct safety checks to ensure vessels are properly equipped and licensed; and making technical corrections.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.

By Senator Minard:
Senate Bill No. 30--A Bill to amend and reenact §33-17-9 of the Code of West Virginia, 1931, as amended, relating to insurance generally; and total or partial fire loss.
Referred to the Committee on Banking and Insurance.

By Senators Facemyer and Minear:
Senate Bill No. 31--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1B-4a, relating to requiring the Chief Technology Officer to maintain a central cross index of forms used by state agencies; definitions; and additional powers and duties of the Chief Technology Officer.
Referred to the Committee on Government Organization.

By Senators White and Hunter:
Senate Bill No. 32-- A Bill to amend and reenact §25-5-1, §25-5-2, §25-5-4, §25-5-5, §25-5-8, §25-5-11, §25-5-12, §25-5-15, §25-5-19 and §25-5-20 of the Code of West Virginia, 1931, as amended, all relating to commercial prisons; setting forth legislative findings; requiring Commissioner of the Division of Corrections to develop certain plans; requiring the Commissioner to annually make recommendations on whether to continue prison vendors' contracts; providing that the Secretary of the Department of Military Affairs and Public Safety may renew prison vendor contracts annually; providing for certain restrictions concerning offender characteristics relative to the kinds of offenders that may be incarcerated in commercial facilities; reducing the amount of time that a contractor has to abate a violation; prescribing the number of Commissioner's representatives that may be employed at each commercial facility for monitoring purposes; increasing bonding requirements for contractors; requiring background checks for employees at commercial facilities; and requiring contractors to be responsible for certain costs.
Referred to the Committee on Government Organization; then to the Committee on the Judiciary; and then to the Committee on Finance.

By Senators Bowman, Jenkins and Unger:
Senate Bill No. 33-- A Bill to amend and reenact §5-10-22 of the Code of West Virginia, 1931, as amended, relating to public employees retirement generally; and increasing the multiplier from two percent to two and one-quarter percent.
Referred to the Committee on Pensions; and then to the Committee on Finance.

By Senator Hunter:
Senate Bill No. 34--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-14, relating to the term of contract for a person hired as a coach in the county school system.
Referred to the Committee on Education.

By Senators Dempsey and Love:
Senate Bill No. 35--A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-3 of said code, all relating to funding salaries of principals for two hundred twenty days.
Referred to the Committee on Education; and then to the Committee on Finance.

By Senator Chafin:
Senate Bill No. 36-- A Bill to amend and reenact §11A-1-17 of the Code of West Virginia, 1931, as amended, relating to increasing the maximum amount of the commission a sheriff may receive for collecting taxes.
Referred to the Committee on Finance.

By Senators Chafin and Foster:
Senate Bill No. 37-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-16E-1, §33-16E-2, §33-16E-3, §33-16E-4, §33-16E-5 and §33-16E-6, all relating to requiring health insurance plans to cover the cost of contraceptives for its covered people.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.

By Senator Chafin:
Senate Bill No. 38-- A Bill to amend and reenact §3-8-12 of the Code of West Virginia, 1931, as amended, relating to increasing from one thousand dollars to four thousand dollars the amount an individual may contribute in connection with any campaign for nomination or election.
Referred to the Committee on the Judiciary.

By Senators Boley, Yoder and Love:
Senate Bill No. 39-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6 and §5B-4-7, all relating to the "West Virginia Job Creation Zones Act of 2005"; providing for certain tax exemptions for qualified new businesses in the twelve counties with the highest rate of unemployment; and providing other conditions and procedures.
Referred to the Committee on Economic Development; and then to the Committee on the Judiciary.

By Senators Jenkins and Plymale:
Senate Bill No. 40-- A Bill to amend and reenact §11A-3-20 of the Code of West Virginia, 1931, as amended, relating to a sheriff's tax on sale of real estate erroneously assessed or nonexistent; and modifying the method for a purchaser to recover the purchase money.
Referred to the Committee on the Judiciary.

By Senator Chafin:
Senate Bill No. 41-- A Bill to amend and reenact §5-10B-4 of the Code of West Virginia, 1931, as amended, relating to contributions to government employee deferred plans.
Referred to the Committee on Pensions; and then to the Committee on Finance.

By Senator Edgell:
Senate Bill No. 42-- A Bill to amend and reenact §17-24-7 of the Code of West Virginia, 1931, as amended, relating to providing a limitation of liability for remediation costs for certain owners of real property where the waste tire accumulation occurred as the result of the activities of others and the current owners were not responsible for the accumulation; authorizing the Division of Highways to recover from prior owners of the property in certain circumstances; and requiring notice of the existence of illegal waste tire piles to be filed by the Division with the county clerk.
Referred to the Committee on the Judiciary.

By Senator Chafin:
Senate Bill No. 43-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26t, relating to increasing supplemental benefits to certain teacher retirement annuitants.
Referred to the Committee on Pensions; and then to the Committee on Finance.

By Senators Hunter, White, Dempsey and Weeks:
Senate Bill No. 44--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 Pensions; and then to the Committee on Finance.

By Senators Jenkins and Foster:
Senate Bill No. 45--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7B-12, relating to abridging health care providers' exposure to liability where, in certain cases involving prescription drugs and medical devices, a person has been injured.
Referred to the Committee on the Judiciary.

By Senators Bailey and Weeks:
Senate Bill No. 46--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 Senators Facemyer, Lanham and Minear:
Senate Bill No. 47--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-65, relating to providing a single resident license for all hunting, fishing and trapping; and providing that one percent of the general revenue fund each fiscal year is dedicated for use by the Division of Natural Resources.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.

By Senator Facemyer:
Senate Bill No. 48--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2b, relating to nationally recognized professional certification of professional personnel; creating the equitable compensation act; and establishing a state minimum salary supplement for professional personnel holding a nationally recognized professional certification.
Referred to the Committee on Education; and then to the Committee on Finance.

By Senator Love:
Senate Bill No. 49--A Bill to repeal §7-8-3 of the Code of West Virginia, 1931, as amended, relating to inspection of jails.
Referred to the Committee on the Judiciary.

By Senators Love and Hunter:
Senate Bill No. 50--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C- 5-2b; and to amend said code by adding thereto a new section, designated §20-7-18e, all relating to driving vehicles, motorboats, jet skis or other motorized vessels; and providing certain first-time offenders convicted of driving while under the influence of alcohol, controlled substances, other drugs or any combination of alcohol, controlled substances or other drugs the option of participating in litter control programs instead of serving time in jail.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senator Bailey:
Senate Bill No. 51--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-16E-1, §33-16E-2, §33-16E-3, §33-16E-4, §33-l6E-5 and §33-16E-6, all relating to requiring health insurance plans to cover the cost of smoking cessation services for its covered people.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.

By Senators Boley, Weeks and Minear:
Senate Bill No. 52--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-6F-1 and §49-6F-2, all relating to creating the Office of Child Protection Ombudsman; authorizing the Ombudsman to hire assistants; providing the Ombudsman investigate and monitor the Department of Health and Human Resources' Division of Child Protective Services to determine if it complies with federal guidelines; requiring the Ombudsman to investigate complaints against circuit and family law judges concerning alleged failures to adequately protect children; setting forth powers and duties of the Ombudsman; and requiring the Ombudsman, upon taking office, to propose legislative rules designed to implement the provisions of the article.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

By Senators Boley and Barnes:
Senate Bill No. 53--A Bill to amend and reenact §17-24A-1 and §17-24A-2 of the Code of West Virginia, 1931, as amended, all relating to abandoned motor vehicles; definitions; exceptions; and penalties.
Referred to the Committee on the Judiciary.

By Senators Love and Bowman:
Senate Bill No. 54-- A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as amended, relating to providing a salary increase for civilian employees of the State Police.
Referred to the Committee on Finance.

By Senator Minard:
Senate Bill No. 55-- A Bill to amend and reenact §33-6A-4 of the Code of West Virginia, 1931, as amended, relating to deleting the ninety-day mandatory reinstatement period existing under current law for persons who allow their automobile insurance policies to lapse due to nonpayment of the premium.
Referred to the Committee on Banking and Insurance.

By Senators Minard, Deem and Jenkins:
Senate Bill No. 56--A Bill to amend and reenact §33-11-6 of the Code of West Virginia, 1931, as amended, relating to removing the maximum aggregate penalties limit in regard to violations of the Unfair Trade Practices Act.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

By Senator Minard:
Senate Bill No. 57--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61- 2-15b, relating to violence against public employees.
Referred to the Committee on the Judiciary.

By Senators McCabe, Unger, Foster and Barnes:
Senate Bill No. 58-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-10-1, §20-10-2, §20-10-3, §20-10-4, §20-10-5, §20-10-6, §20-10-7, §20-10-8, §20-10-9, §20-10-10, §20-10-11 and §20-10-12, all relating to requiring the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drinks and for beer, ale or other malt drinks of any alcoholic content and for certain other beverage containers; requiring the use of unredeemed bottle deposits; prescribing the powers and duties of certain state agencies and officials; and prescribing penalties and remedies.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senators Oliverio, Sharpe, Unger, Minear, Hunter and Yoder:
Senate Bill No. 59-- A Bill to amend and reenact §50-1-3 of the Code of West Virginia, 1931, as amended, relating to increasing the salaries of magistrates equal to Class I and Class IX circuit and county clerks.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senator Facemyer:
Senate Bill No. 60-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-6- 17, relating to public buildings; and encouraging public officials to prominently display the national motto on all public property, public buildings and all buildings designed, constructed and maintained with public funds from the state, a county or a municipality.
Referred to the Committee on Government Organization.

By Senator Facemyer:
Senate Bill No. 61-- A Bill to amend and reenact §4-11A-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §19-1-4 of said code; and to amend said code by adding thereto a new section, designated §19-1-4e, all relating to tobacco settlement funds; the duties of the Commissioner of the Department of Agriculture; including the duty to assist farmers to make the transition from growing tobacco to growing other crops; and providing for appropriations for and creating the "transition program for tobacco farmers".
Referred to the Committee on Agriculture; and then to the Committee on Finance.

By Senator Facemyer:
Senate Bill No. 62-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-11d, relating to requiring itemized statements of services rendered to Medicaid recipients; directing the Department of Health and Human Resources to prescribe forms for itemized statements; and providing for verification of the accuracy of same or investigation by the Department of Health and Human Resources into discrepancies.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.

By Senator Bailey:
Senate Bill No. 63--A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931, as amended, relating to requiring legislative approval before a road, highway or bridge may receive a scenic or memorial designation.
Referred to the Committee on Transportation and Infrastructure.

By Senators White, Hunter and Foster:
Senate Bill No. 64-- A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended, relating to granting higher incremental salary increases to Division of Corrections' employees based on years of service.
Referred to the Committee on Finance.

By Senator White:
Senate Bill No. 65-- A Bill to establish the Central West Virginia Highlands Highway Authority to include representatives from Braxton, Nicholas, Webster, Randolph and Pocahontas counties; appointment of officers; and powers of authority.
Referred to the Committee on Transportation and Infrastructure; then to the Committee on Government Organization; and then to the Committee on Finance.

By Senator White:
Senate Bill No. 66-- 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 White:
Senate Bill No. 67-- A Bill to amend and reenact §20-2-44b of the Code of West Virginia, 1931, as amended, relating to increasing the cost of a bear damage stamp from four to ten dollars; and expanding the purposes for which the proceeds from a bear damage stamp may be used.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.

By Senator Fanning:
Senate Bill No. 68--A Bill to amend and reenact §5-10-22f of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-7A-26r of said code, all relating to the Public Employees Retirement Act and the State Teachers Retirement System; and including disability retirees within the eligibility rules for minimum retirement benefits under the Public Employees Retirement Act and the State Teachers Retirement System.
Referred to the Committee on Pensions; and then to the Committee on Finance.

By Senator Hunter:
Senate Bill No. 69--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 Senators Boley, Weeks and Minear:
Senate Bill No. 70-- A Bill to amend and reenact §49-3-1 of the Code of West Virginia, 1931, as amended, relating to adoption generally; including other relatives for consideration as adoptive placement; and providing limitations on adoption or guardianship by grandparents or other relatives.
Referred to the Committee on the Judiciary.

By Senator Bowman:
Senate Bill No. 71--A Bill to amend and reenact §51-9-6, §51-9-6a and §51-9-6b of the Code of West Virginia, 1931, as amended, all relating to the judges' retirement system; providing that a judge of a court of record first elected to the office after the first day of July, two thousand five, shall have his or her retirement benefit calculated on the basis of his or her salary at the time of retirement; and, irrespective of any salary increases that may be granted to active members of the judiciary, the retired judge's benefit may not be increased unless expressly provided for by legislative enactment.
Referred to the Committee on Pensions; and then to the Committee on Finance.

By Senator Chafin:
Senate Bill No. 72--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-20, relating to providing for a pilot project intended to divert low-income residents from early institutionalization in nursing homes by providing personal home care in their communities.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.

By Senator Deem:
Senate Bill No. 73-- A Bill to amend and reenact §18B-10-1 of the Code of West Virginia, 1931, as amended, relating to tuition and fees at institutions of higher education; and authorizing each higher education governing board to increase fees of students taking more hours of course work than the number of hours of course work defined as full time.
Referred to the Committee on Education; and then to the Committee on Finance.

By Senators Deem, Minear, Jenkins and Barnes:
Senate Bill No. 74--A Bill to amend and reenact §29-22B-1902 of the Code of West Virginia, 1931, as amended, relating to allowing a county commission to provide, by ordinance, for regulation and restriction of the location of any premises in which a limited video lottery retailer holds a license.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senators Dempsey and Weeks:
Senate Bill No. 75-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2B-5, relating to prohibiting any person who is not a physician licensed to practice in this state from performing an abortion; and providing a penalty for same.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

By Senators Prezioso, Jenkins, Hunter, Dempsey, Unger and Oliverio:
Senate Bill No. 76-- A Bill to amend and reenact §18B-9-5 of the Code of West Virginia, 1931, as amended, relating to the incremental salary increase for classified employees of higher education; and reinstating the annual incremental increase for classified employees.
Referred to the Committee on Education; and then to the Committee on Finance.

By Senator Boley:
Senate Bill No. 77--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2 and §3-12-3, all relating to initiative and referendum; definitions; and limitations.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senators Jenkins, Plymale, Facemyer and Lanham:
Senate Bill No. 78--A Bill to amend and reenact sections 1, 2 and 3, chapter 232, Acts of the Legislature, regular session, 1997, all relating to expanding the counties covered by West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing the number of members.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.

By Senator Jenkins:
Senate Bill No. 79-- A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to adding retirement income of conservation officers received through the West Virginia Public Employees Retirement System to modifications reducing the federal adjusted gross income.
Referred to the Committee on Pensions; and then to the Committee on Finance.

By Senators Hunter and Dempsey:
Senate Bill No. 80--A Bill to amend and reenact §18-29-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-6A-4 of said code, all relating to providing for a process in which to enlist binding arbitration in grievance procedures for state employees and employees of boards of education, governing boards of higher education, regional education service agencies and multicounty vocational centers.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senators Weeks and Barnes:
Senate Bill No. 81
-- A Bill to amend and reenact §5A-3-5 of the Code of West Virginia, 1931, as amended, relating to adding the expected life of product or commodity as factor in standard specifications for state purchasing contracts.
Referred to the Committee on Government Organization; and then to the Committee on Finance.

By Senators Weeks and Barnes:
Senate Bill No. 82
-- A Bill to amend and reenact §16-2F-3 of the Code of West Virginia, 1931, as amended, relating to requiring a physician to receive written consent from at least one parent or legal guardian before an abortion is performed on an unemancipated minor.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

By Senators Facemyer and Barnes:
Senate Bill No. 83
-- A Bill to amend and reenact §16-9A-3 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for use or possession of tobacco or tobacco products by a person under eighteen years of age; increasing fines and community service requirements; and providing, upon a second offense, for revocation of the person's junior or graduated driver's license until eighteen years of age or, if the person does not yet have a driver's license, the person is ineligible to apply for any type of driver's license until eighteen years of age.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

By Senator Minard:
Senate Bill No. 84
-- A Bill to amend and reenact §46A-6K-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46A-6K-6, all relating to providing for a duty of settlement agent in a loan settlement; and expanding the definition of settlement agent to include business entities.
Referred to the Committee on the Judiciary.

By Senators Bailey and Yoder:
Senate Bill No. 85
--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 Hunter, White and Foster:
Senate Bill No. 86
-- 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 Weeks:
Senate Bill No. 87
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5-20a, relating to requiring the collection of statistics relative to abortions performed in the state.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.

By Senators Weeks and Barnes:
Senate Bill No. 88
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-19-3b, relating to prohibiting the use of the body of an unborn baby for any medical experimentation or scientific investigation except as necessary to diagnose a disease or condition suspected to exist in the mother's or fetus's body; and prescribing criminal penalties for violation of said section.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

By Senators Boley and Weeks:
Senate Bill No. 89
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-2B-18, relating to bill of rights for children in foster care.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

By Senator Fanning:
Senate Bill No. 90
--A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931, as amended, relating to severance taxes generally; and providing that the reduced tax rate applies to underground mines producing coal from seams of less than thirty-two inches.
Referred to the Committee on Finance.

By Senators Hunter, Foster and White:
Senate Bill No. 91
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17 and §3-12-18, all relating generally to providing public funding of election campaigns for certain offices; setting forth short title and certain legislative findings and declarations; defining terms; specifying that the provisions of the act are applicable to candidates for the offices of Governor, Supreme Court Justice, Circuit Court Judge and candidates for seats in the Legislature; establishing a Public Campaign Financing Fund and sources of revenue for the Fund; requiring an applicant for public campaign funding to complete a declaration of intent and setting forth the manner in which application for funding may be made; setting forth eligibility criteria for qualifying party and independent candidates; allowing participating candidates to raise from private sources and spend seed money contributions; requiring candidates seeking public campaign funds to collect a required number of qualifying contributions; requiring participating candidates to comply with all provisions of the act; requiring the State Election Commission to certify eligible candidates and setting forth the procedure for certification; providing that qualified candidates shall receive funding for election campaigns from the Public Campaign Financing Fund; specifying the amount of funds available for each office and when such funds become available; setting forth restrictions on participating candidates' contributions and spending; prohibiting participating candidates from accepting private contributions other than as specifically set forth in the act; prohibiting the use of personal funds for certain purposes; requiring certain disclosures; requiring candidates to keep records and report to the State Election Commission; providing for matching public campaign funds when an opponent spends in excess of the participating candidate's spending limits; setting forth certain duties of the State Election Commission; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act; and setting forth an effective date.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senators Minard and Sharpe:
Senate Bill No. 92
--A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to increasing the number of allowable magistrate court deputy clerks; and designating an additional deputy clerk for Braxton County.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senators Oliverio, Dempsey, Barnes, Yoder and Sharpe:
Senate Bill No. 93
-- A Bill to amend and reenact §15-2A-9 and §15-2A-12 of the Code of West Virginia, 1931, as amended, all relating to the State Police Retirement System; and enhancing benefits for service-related disability or death of members.
Referred to the Committee on Pensions; and then to the Committee on Finance.

By Senator Plymale:
Senate Bill No. 94
--A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to allowing activities on instructional support and enhancement days to occur in any order.
Referred to the Committee on Education.

By Senators Prezioso, Unger, Kessler, Deem, Dempsey, Foster, Minard, Jenkins, Hunter and Barnes:
Senate Bill No. 95
-- A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to county boards of education; and requiring reimbursement for the full cost of providing school nurses from funds appropriated to the state Department of Education.
Referred to the Committee on Education; and then to the Committee on Finance.

By Senators Sharpe and Yoder:
Senate Bill No. 96
-- A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to eliminating the additional annual fifteen-dollar fee for special 9/11 commemorative plates.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.

By Senators Jenkins, Edgell and Bowman:
Senate Bill No. 97
-- A Bill to amend and reenact §18-7B-7, §18- 7B-9, §18-7B-11 and §18-7B-16 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-7B-20, all relating to the rights of members of the Teachers Defined Contribution Retirement System; clarifying membership; permitting periodic payment distributions; prohibiting involuntary distributions; clarifying service credit for vesting and suspension account; and clarifying forfeiture money payment.
Referred to the Committee on Pensions; and then to the Committee on Finance.

By Senator Weeks:
Senate Bill No. 98
-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-26, 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 Weeks, Bailey, Deem and Oliverio:
Senate Bill No. 99
--A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as amended, relating to adding a magistrate to those serving Raleigh County.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senator Hunter:
Senate Bill No. 100
-- A Bill to amend and reenact §24A-1-3 of the Code of West Virginia, 1931, as amended, relating to motor carriers; and providing certain exemptions for wrecker services.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.

By Senator Hunter:
Senate Bill No. 101
-- A Bill to amend and reenact §17C-3-5 of the Code of West Virginia, 1931, as amended, relating to providing that drivers of motor vehicles may, during certain times, treat red lights as stop signs.
Referred to the Committee on Transportation and Infrastructure.

By Senator Hunter:
Senate Bill No. 102
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31A-4-46, relating to credit card fraud; limiting liability of a West Virginia merchant for credit card fraud for card-not-present transactions; limiting rates charged; and requiring certain entities to report annually to the Attorney General concerning credit card fraud committed against businesses in this state.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

By Senators Jenkins, Plymale, Foster, Unger, Barnes and Hunter:
Senate Bill No. 103
-- 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 §16-5U-1, §16-5U-2, §16-5U-3, §16-5U-4, §16-5U-5, §16-5U-6, §16-5U-7, §16-5U-8, §16-5U-9, §16-5U-10, §16-5U-11, §16-5U-12, §16-5U-13, §16-5U-14, §16-5U-15, §16-5U-16, §16-5U-17, §16-5U-18, §16-5U-19, §16-5U-20, §16-5U-21, §16-5U-22, §16-5U-23, §16-5U-24, §16-5U-25, §16-5U-26, §16-5U-27, §16-5U-28, §16-5U-29, §16-5U-30, §16-5U-31, §16-5U-32, §16-5U-33 and §16-5U-34, all relating to the Consolidated Public Retirement Board; providing that the Board administer the Emergency Medical Services Retirement System; reflecting the long-standing fiduciary obligation of Consolidated Public Retirement Board members to the plans they administer; clarifying the personal liability of Board members to the retirement plans they administer; clarifying that Board members shall discharge their duties in accordance with the law; establishing the Emergency Medical Services Retirement System; setting forth definitions; providing effective dates; establishing federal qualification requirements; providing for liberal construction; providing that plan is not a substitute for social security; providing for and setting membership standards; setting forth required contributions from members and employers; creating fund and providing for investments; providing for transfer from Public Employees Retirement System; setting time limits; setting forth notice requirements and requiring a test case; commencement of benefits; federal law maximum benefit limitations and minimum required distributions; direct rollovers; providing for retirement credited through member's use of accrued annual or sick leave; providing for retirement benefits; setting forth annuity options; providing for refunds in certain circumstances; deferred retirement; forfeitures; awards and benefits for duty-related disability and for other causes; physical examinations; termination of disability; prior disability; awards and benefits to surviving spouse; additional death benefits and scholarships for dependent children; burial benefit; prohibiting double death benefits; loans to members; exemption from taxation, garnishment and other process; qualified domestic relation orders; fraud; criminal penalties; repayment; treatment of prior military service; pro rata reduction of annuities; effective date; starting date for benefits; limitation of county liability; and providing for no forfeiture of benefits if system terminates.
Referred to the Committee on Pensions; and then to the Committee on Finance.

By Senator Love:
Senate Bill No. 104
-- A Bill to repeal §17-15-3 of the Code of West Virginia, 1931, as amended, relating to working prisoners by county commissions.
Referred to the Committee on the Judiciary.

By Senator Hunter:
Senate Bill No. 105
-- A Bill to amend and reenact §18-5-16 of the Code of West Virginia, 1931, as amended, relating to providing guidelines for determining whether the intercounty transfer of a student should be approved.
Referred to the Committee on Education.

By Senator Facemyer:
Senate Bill No. 106
--A Bill to amend and reenact §44-10-2, §44-10-3, §44-10-8 and §44-10-9 of the Code of West Virginia, 1931, as amended, all relating to clarifying the process of appointing guardians of minors.
Referred to the Committee on the Judiciary.

By Senators Love, Dempsey, Lanham, Barnes and Yoder:
Senate Bill No. 107
--A Bill to amend and reenact §20-2-7 of the Code of West Virginia, 1931, as amended, relating to hunting with dogs; and providing that persons may not be guilty of trespassing or hunting without permission because the person unintentionally permits his or her dog to pursue an animal or wild bird onto another person's land.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.

By Senators Minard and Deem:
Senate Bill No. 108
--A Bill to amend and reenact §33-6A-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-17A-4 and §33-17A-5 of said code, all relating to insurance generally; additional reasons for nonrenewal of automobile liability, physical damage and property insurance; and providing that any policy issued after the effective date of the bill may be nonrenewed by an insurer for any reason with proper notice to the insured.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

By Senator McKenzie:
Senate Bill No. 109
-- A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2-46n, all relating to authorizing crossbow hunting for disabled persons.
Referred to the Committee on Natural Resources.

By Senators Plymale, Jenkins, Facemyer and Lanham:
Senate Bill No. 110
--A Bill to establish the Western West Virginia Highway Authority to include representatives from Cabell, Mason, Jackson, Putnam and Wayne counties; appointment of officers; and powers of authority.
Referred to the Committee on Transportation and Infrastructure; then to the Committee on Government Organization; and then to the Committee on Finance.

By Senators Plymale and McCabe:
Senate Bill No. 111
-- A Bill to amend and reenact §7-1-3v of the Code of West Virginia, 1931, as amended, relating to county commissions generally; authorizing county commissions to identify floodplain areas to protect health, safety and welfare; and permitting county commissions to establish a floodplain enforcement agency to enforce building codes necessary to comply with the requirements of the National Flood Insurance Act.
Referred to the Committee on Government Organization; and then to the Committee on Finance.

By Senator Prezioso:
Senate Bill No. 112
--A Bill to amend and reenact §18-5-18b of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18A-4-2b, all relating to public school counselors; making legislative findings with respect to the importance of counseling for providing a thorough and efficient education for all students; redefining school counseling and instituting annual professional development for school counselors; establishing the duties of counselors; providing that no more than one fourth of their work time may be dedicated to administrative duties; limiting recommended number of students per counselor by the school year two thousand ten; providing for supplement for certain additional students; providing that certain school counselors are to be paid a supplement; providing for reimbursement for expenses in attaining certification; and requiring state board rule conform to national standards for counseling programs to the extent practicable and certain other provisions, including minimum standards for supervision of counselors and minimum required annual staff development related to school counseling.
Referred to the Committee on Education; and then to the Committee on Finance.

By Senator Weeks:
Senate Bill No. 113
-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-19a, relating to requiring employers to provide employees and others a sheltered place outside the work premises building to smoke when smoking is prohibited entirely in the building.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senator Weeks:
Senate Bill No. 114
-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-27-1, §22-27-2, §22-27-3, §22-27-4, §22-27-5, §22-27-6, §22-27-7, §22-27-8, §22-27-9, §22-27-10, §22-27-11, §22-27-12 and §22-27-13, all relating to establishing a program to encourage voluntary reclamation of lands adversely affected by mining or oil and gas extraction by limiting the liability which could arise as a result of the voluntary reclamation of abandoned lands or reduction and abatement of water pollution; stating legislative purpose and intent; setting forth legislative findings; providing definitions for applicable terms; defining eligibility for the protections and immunities of the proposed legislation; setting forth specific exemptions from liability for landowners; setting forth specific exemptions from liability for persons who provide equipment at no cost or at cost for a reclamation project; and providing exceptions to coverage under the proposed legislation.
Referred to the Committee on Energy, Industry and Mining.

By Senators Hunter and Dempsey:
Senate Bill No. 115
-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26t, relating to increasing supplemental benefits to certain teacher retirement annuitants.
Referred to the Committee on Pensions; and then to the Committee on Finance.

By Senator Hunter:
Senate Bill No. 116
-- A Bill to amend and reenact §19-1B-6 of the Code of West Virginia, 1931, as amended, relating to timbering operations and notification of duration of these operations; and providing verification of notice to adjoining landowners by certified mail.
Referred to the Committee on Natural Resources.

By Senators Deem and Barnes:
Senate Bill No. 117
--A Bill to amend and reenact §29-22B-702 of the Code of West Virginia, 1931, as amended, relating to prohibiting the placement of automated teller machines in establishments that contain video lottery terminals.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senator Boley:
Senate Bill No. 118
--A Bill to amend and reenact §7-11B-7 of the Code of West Virginia, 1931, as amended, relating to providing that the governing body of a municipality may not establish a development or redevelopment district without the formal consent of the county commission of the county in which the proposed development or redevelopment district is located.
Referred to the Committee on Government Organization.

By Senator Bailey:
Senate Bill No. 119
--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 Bailey:
Senate Bill No. 120
--A Bill to amend and reenact §29-3-12 of the Code of West Virginia, 1931, as amended, relating to prohibiting a municipality from closing a fire department without advance approval of the State Fire Marshal; and providing that the Office of the State Fire Marshal retain the proceeds from the sale of specialized vehicles purchased by that office.
Referred to the Committee on Government Organization; and then to the Committee on Finance.

By Senator Love:
Senate Bill No. 121
-- A Bill to amend and reenact §20-2-30a of the Code of West Virginia, 1931, as amended, relating to renewing a hunting license without the actual certificate of training document.
Referred to the Committee on Natural Resources.

By Senators Minard and McCabe:
Senate Bill No. 122
-- A Bill to amend and reenact §31A-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §31A-2-5 of said code; and to amend and reenact §31A-4-1 and §31A- 4-5 of said code, all relating to the ability of a state-chartered bank to organize as a limited liability company.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

By Senator Weeks:
Senate Bill No. 123
--A Bill to amend and reenact §16-39-4 of the Code of West Virginia, 1931, as amended, relating to prohibiting discrimination or retaliation against a health care worker who refuses to participate in treatment of a patient based upon good faith belief that the treatment is contrary to religious or moral beliefs or conscience of the health care worker.
Referred to the Committee on the Judiciary.

By Senator Hunter:
Senate Bill No. 124
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to providing a nonrefundable earned income tax credit from the state personal income tax for certain taxpayers with qualifying children.
Referred to the Committee on Finance.

By Senators Kessler and Yoder:
Senate Bill No. 125
-- A Bill to amend and reenact §46A-2-136 of the Code of West Virginia, 1931, as amended, relating to exemptions from execution or other judicial process in consumer credit transaction or consumer leases.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

By Senators Hunter, Dempsey, Weeks, Unger, Bailey, Barnes, Minard, Jenkins, Foster, Bowman, Kessler, Plymale, Sharpe, McCabe, Love, Oliverio, McKenzie, Harrison, Caruth, Deem, Prezioso, Edgell, Helmick, Guills, Boley, Minear, Yoder, Chafin and Tomblin (Mr. President):
Senate Bill No. 126
--A Bill to amend and reenact §18-19-1 of the Code of West Virginia, 1931, as amended, relating to including children of deceased members of the armed forces or members of the reserve components called to active duty by the President of the United States for the purpose of entering into armed combat in the educational opportunities appropriation; and removing requirement that the children attend a state education or training institution.
Referred to the Committee on Military; then to the Committee on Education; and then to the Committee on Finance.

By Senators Love and Barnes:
Senate Bill No. 127
-- A Bill to amend and reenact §17C-15-26 of the Code of West Virginia, 1931, as amended, relating to authorizing the use of flashing white lights as auxiliary lights on emergency vehicles.
Referred to the Committee on Transportation and Infrastructure.

By Senator Minard:
Senate Bill No. 128
- A Bill to amend and reenact §31-17-5, §31- 17-8 and §31-17-14 of the Code of West Virginia, 1931, as amended, all relating to mortgage license provisional approval; disclosure of fees in a mortgage loan; and administrative hearing, appeal and scheduling procedure.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

By Senator Minard:
Senate Bill No. 129
- A Bill to amend and reenact §46A-7-115 of the Code of West Virginia, 1931, as amended, relating to consumer credit and protection generally; requiring persons engaged in making consumer credit sales and certain other consumer-related activities to register with the Commissioner of Banking instead of filing a notification with the Tax Department; setting forth the provisions of a registration form; providing for a registration fee; and exempting certain other organizations and individuals from the registration requirements.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.

By Senator McCabe:
Senate Bill No. 130
- A Bill to amend and reenact §12-6-9c and §12-6-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §12-6- 18, all relating to the investment powers of the Investment Management Board; removing certain requirements regarding investments in the securities of, or any interest in, any investment company or investment trust under the Investment Company Act of 1940; increasing the percentage of investments that may be made in equities and international securities; clarifying the application of the prudent investor standard to limitations on certain types or amounts of investments; eliminating certain restrictions on the purchase of securities in a particular company, commercial paper and corporate debt and eliminating the requirement that a list of approved securities be maintained by the Board; authorizing investments in alternative investments, subject to certain restrictions and limitations; and specifying that the investment powers of the Board are to be broadly and liberally construed to permit the Board to achieve its corporate purposes, consistent at all times with the prudent investor standard.
Referred to the Committee on Government Organization; and then to the Committee on Finance.

By Senators McKenzie, Barnes, Foster, Jenkins and Deem:
Senate Bill No. 131
- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-23, 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 Boley:
Senate Bill No. 132
- A Bill to amend and reenact §49-2-14 of the Code of West Virginia, 1931, as amended, relating to clarifying the procedure for removal of a child from a foster home.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

By Senator Hunter:
Senate Bill No. 133
-A Bill to amend and reenact §50-1-9b of the Code of West Virginia, 1931, as amended, 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 Hunter:
Senate Bill No. 134
- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b; and to amend said code by adding thereto a new section, designated §11-24-9d, all relating to allowing a credit against corporate and personal income tax for employers who provide child day care services for their employees.
Referred to the Committee on Finance.

By Senators Jenkins, Unger and Barnes:
Senate Bill No. 135
- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2F-1, §5B-2F-2, §5B-2F-3, §5B-2F-4, §5B-2F-5 and §5B-2F-6, all relating to requiring a jobs impact statement for certain proposed legislation.
Referred to the Committee on Economic Development; and then to the Committee on Finance.

By Senators Bailey, Minard, Unger, Love, Foster, McCabe, Helmick and Weeks:
Senate Bill No. 136
- 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 Natural Resources; then to the Committee on Education; and then to the Committee on Finance.

By Senators Edgell, Unger and Barnes:
Senate Bill No. 137
- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6, §19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12, §19-9B-13, §19-9B-14, §19-9B-15, §19-9B-16, §19-9B-17, §19-9B-18, §19-9B-19, §19-9B-20, §19-9B-21, §19-9B-22 and §19-9B-23, all relating to regulating the possession and sale of domestic and exotic animals; creating Animal Health Safety Control Board and Technical Advisory Committee; duties; rulemaking; jurisdiction of member agencies; bonding requirements; requiring pet shop registration; requiring recordkeeping; requiring possession permit to keep certain animals; permitting requirements; exemptions; establishing care and treatment requirements; requiring insurance; authorizing inspections; seizing and quarantining animals; and establishing penalties and fees.
Referred to the Committee on Agriculture; and then to the Committee on Finance.

By Senators Facemyer, Unger, Weeks and Sharpe:
Senate Bill No. 138
-A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting farming equipment and livestock from personal property taxation.
Referred to the Committee on Finance.

By Senator Facemyer:
Senate Bill No. 139
- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29A-8-1, §29A-8-2, §29A-8-3, §29A-8-4, §29A-8-5, §29A-8-6 and §29A-8-7, all relating to the creation of the "West Virginia Regulatory Flexibility Act"; legislative purpose; definitions; analysis of cost to state filed with Legislative Auditor; issuing rules in two or more parts; provisions not to apply in case of emergency; and requiring agencies to review rules after enactment of said article.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senator McKenzie:
Senate Bill No. 140
- A Bill to amend and reenact §18A-4-7a of the Code of West Virginia, 1931, as amended, relating to giving substitute teachers credit for seniority when applying for full- time professional employment.
Referred to the Committee on Education; and then to the Committee on Finance.

By Senator Boley:
Senate Bill No. 141
- A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended, relating to changing the time for periodic valuations and assessments of real and personal property; and providing for a three-percent cap on any increase in one year.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senators Boley and Foster:
Senate Bill No. 142
- A Bill to amend and reenact §18-22D-1, §18-22D-2, §18-22D-3, §18-22D-4, §18-22D-5, §18-22D-6, §18-22D-7, §18-22D-8 and §18-22D-9 of the Code of West Virginia, 1931, as amended, all relating to establishing the "West Virginia Dollars for Scholars Program"; providing low-cost loans to high school students with at least a "C" average who are attending an approved college or university in this state; and providing for forgiveness of loan when continuing West Virginia residency after graduation.
Referred to the Committee on Education; and then to the Committee on Finance.

By Senators Boley, Unger, White, Foster, Hunter and Minear:
Senate Bill No. 143
- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-54; and to amend said code by adding thereto a new section, designated §16-1-19, all relating to creating an Alzheimer's Caregiver Assistance Program to provide respite services for informal caregivers of individuals with Alzheimer's disease.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.

By Senator Guills:
Senate Bill No. 144
-A Bill to amend and reenact §6-9A-11 of the Code of West Virginia, 1931, as amended, relating to giving precedential application to advisory opinions issued by the committee on open governmental meetings.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

By Senator Facemyer:
Senate Joint Resolution No. 1
- Proposing an amendment to the Constitution of the State of West Virginia, amending section 13, article VI thereof, relating to eligibility of the citizens of the State to seat in the Legislature; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary.

By Senator Facemyer:
Senate Joint Resolution No. 2
-Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section 57, relating to dedicating one percent of general revenue to the Division of Natural Resources to be used to fund activities intended to promote and preserve the state's wildlife resources and to fund law-enforcement activities involving the Division of Natural Resources; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.

By Senator Love:
Senate Joint Resolution No. 3
-Proposing an amendment to the Constitution of the State of West Virginia, amending section 5, article III thereof, relating to deleting language to allow the Division of Corrections to send convicted inmates out-of-state to serve their sentences; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senator Chafin:
Senate Joint Resolution No. 4
-Proposing an amendment to the Constitution of the State of West Virginia, amending section 8, article IX thereof; and further amending said article by adding thereto a new section, designated section 8a, all relating to the formation and reformation of counties; authorizing the Legislature to reconfigure county lines; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

By Senators Chafin, Helmick and Yoder:
Senate Joint Resolution No. 5
-Proposing an amendment to the Constitution of the State of West Virginia, amending sections 1 and 4, article VII thereof, all relating to the executive department; 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.

By Senator Oliverio:
Senate Joint Resolution No. 6
-Proposing an amendment to the Constitution of the State of West Virginia, amending section 8, article IX thereof; and further amending said article by adding thereto a new section, designated section 8a, all relating to the formation and reformation of counties; authorizing the Legislature to reconfigure county lines; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

By Senator Sharpe:
Senate Joint Resolution No. 7
-Proposing an amendment to the Constitution of the State of West Virginia, amending section 51, article VI thereof, relating to the judiciary; budget and supplementary appropriation bills; authority of the Legislature to increase or diminish the judiciary budget; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on Finance.
Senators Edgell, Unger and Jenkins offered the following resolution:
Senate Concurrent Resolution No. 3-Requesting the Joint Committee on Government and Finance study public school dress codes and the use of school uniforms.
Whereas, Students wearing inappropriate or offensive clothing to school is a problem in many of our school districts; and
Whereas, There may be social stigma attached to students who cannot afford or may not be allowed to wear certain stylish clothing to school; and
Whereas, Many families find the annual purchase of school clothing to be a financial burden; and
Whereas, Many schools in other states are experimenting with requiring a uniform dress code or school uniform because it may affect discipline within the school; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study public school dress codes and the use of school uniforms; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators McCabe, Unger, Foster and Hunter offered the following resolution:
Senate Concurrent Resolution No. 4-Requesting the Joint Committee on Government and Finance study the feasibility of expanding Tamarack's appeal in the eastern United States by establishing a greater regional presence.
Whereas, Tamarack attracted nearly three million visitors in its first five years, approximately 72 percent of whom were out-of-state residents; and
Whereas, Tamarack purchases products from West Virginia artisans in all 55 counties and its operations have generated over $2 million dollars in state sales tax revenue; and
Whereas, Expanding Tamarack's role as an ambassador of the "Best of West Virginia" to a greater percentage of the population of the eastern United States would enhance the business of Tamarack, promote the state's craft and tourism industries, continue to provide jobs and further enhance the image of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of expanding Tamarack's appeal in the eastern United States by establishing a greater regional presence; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Minard, Unger and Foster offered the following resolution:
Senate Concurrent Resolution No. 5- Requesting the Joint Committee on Government and Finance study the feasibility of requiring certain insurance carriers to provide credit counseling and other services.
Whereas, Many West Virginia citizens suffer the consequences of having received adverse credit scores; and
Whereas, Many West Virginia citizens have received these adverse credit scores erroneously; and
Whereas, Some of the consequences suffered by West Virginia citizens due to policy rerating based on adverse credit scores include increased premiums for homeowners' insurance and motor vehicle liability insurance; and
Whereas, Other consequences suffered by West Virginia citizens due to adverse credit scores include denials of coverage for homeowners' and motor vehicle insurance; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of requiring certain insurance carriers to provide credit counseling and other services; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Love and White offered the following resolution:
Senate Concurrent Resolution No. 6- Urging the Forest Service of the United States Department of Agriculture plan and develop recreational trails for off-highway vehicles in the Monongahela National Forest.
Whereas, One of the primary missions of our national forests is to provide recreational opportunities to our citizens; and
Whereas, Off-highway vehicle trails are among the many recreational opportunities commonly provided in many national forests throughout the United States; and
Whereas, The national forests in all the states surrounding West Virginia have established recreational trails for off-highway vehicles; and
Whereas, The Monongahela National Forest comprises over 909,000 acres in federal ownership in 10 counties in West Virginia, making it the fourth largest national forest in the northeast; and
Whereas, West Virginia has among the highest per capita ownership of off-highway vehicles, primarily all-terrain vehicles, in the United States and a high demand exists for recreational opportunities for owners of all-terrain vehicles; and
Whereas, The establishment of properly designed and managed public trails and recreational opportunities for off-highway vehicles has proven to enhance the safety of the recreation, while also enhancing tourism and economic development in local communities where these recreational opportunities are provided; and
Whereas, The Forest Service of the United States Department of Agriculture has demonstrated the capability and resources necessary to properly design and manage off-highway vehicle recreational opportunities throughout the United States; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the Forest Service of the United States Department of Agriculture to plan and develop recreational trails for off-highway vehicles in the Monongahela National Forest; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the United States Department of Agriculture, the Chief of the Forest Service and the Supervisor of the Monongahela National Forest.
Which, under the rules, lies over one day.
Senators Minard, Deem and Hunter offered the following resolution:
Senate Concurrent Resolution No. 7- Requesting the Joint Committee on Government and Finance study the use of credit scoring in the insurance underwriting and rate-making process.
Whereas, There is significant public sentiment regarding the perceived unfair prejudice against certain classes of individuals resulting from the use of credit scoring in the setting of rates for insurance products; and
Whereas, There exists significant evidence that use of credit scoring is a reliable method of predicting losses and, thereby, is also an efficient and effective means for properly fixing rates; and
Whereas, The insurance underwriting and rate-making process should be permitted to operate in an efficient and effective manner while insurance consumers are protected from unfair prejudice in the setting of insurance rates; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the use of credit scoring in the insurance underwriting and rate-making process; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Oliverio, Prezioso, Plymale, Kessler, Unger, Bowman, Edgell, Hunter, Jenkins, Minard, McCabe, Sharpe and Minear offered the following resolution:
Senate Concurrent Resolution No. 8- Memorializing Samy E. G. Elias, former Chair and Professor of Industrial Engineering at West Virginia University.
Whereas, Samy E. G. Elias was born in Cairo, Egypt, and later came to the United States in 1956 for graduate study. While an associate professor at West Virginia University in 1965, Elias developed the West Virginia University-Morgantown Personal Rapid Transit (PRT) system, a computer-controlled people-mover which would help the University increase its student population; and
Whereas, In 1972, the PRT was named one of the nation's 10 most outstanding engineering achievements of the year. More recently, the PRT, which still ranks as a model computerized mass transit system, was picked as the best overall people-mover by the New Electric Railway Journal; and
Whereas, For three decades, the PRT has been serving the transportation needs of West Virginia University students, faculty and staff, residents of Morgantown, visitors and researchers. During each semester, 55 vehicles transport about 16,000 passengers a day. Annually, the fleet of 71 vehicles accumulates more than 800,000 miles and transports over 2 million people while operating at over 98 percent efficiency without any passenger injuries; and
Whereas, Samy E. G. Elias, whose creative imagination brought the PRT to its ultimate realization, passed away November 13, 2004; and
Whereas, It is fitting that the Legislature honor the creator of the West Virginia University-Morgantown Personal Rapid Transit system; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby memorializes Samy E. G. Elias, former Chair and Professor of Industrial Engineering at West Virginia University ; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the family of Samy E. G. Elias, the President of West Virginia University, the Mayor and City Council of Morgantown, the County Commission of Monongalia County, West Virginia's congressional delegation and the Governor.
At the request of Senator Oliverio, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Prezioso, and by unanimous consent, the remarks by Senator Oliverio regarding the adoption of Senate Concurrent Resolution No. 8 were ordered printed in the Appendix to the Journal.
Senators Minard, Unger, Helmick, Barnes, Sharpe, Yoder, Minear, Weeks and Boley offered the following resolution:
Senate Concurrent Resolution No. 9-Requesting the Joint Committee on Government and Finance study the availability and affordability of homeowners' insurance.
Whereas, The state's citizens need available and affordable homeowners' insurance; and
Whereas, In this state and across the nation, property and casualty insurance has become increasingly expensive and difficult to obtain; and
Whereas, Insurers are increasing premiums, declining to write new policies and declining to renew existing policies; and
Whereas, The availability and affordability of homeowners' insurance are essential for a healthy real estate market and the ability of the state's citizens to purchase and protect their homes and possessions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the availability and affordability of homeowners' insurance; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators McCabe, Unger, Helmick, Sharpe, Barnes, Minard, Yoder, Minear, Boley and Weeks offered the following resolution:
Senate Concurrent Resolution No. 10- Requesting the Joint Committee on Government and Finance study the feasibility of repealing the current corporate license tax and replacing it with a fee to be administered by the Secretary of State.
Whereas, The current corporate license tax is archaic, confusing to businesses and difficult to administer; and
Whereas, Streamlining and updating the process to more accurately reflect the true purpose of the reporting requirement would be less burdensome to businesses and more efficient; and
Whereas, An annual reporting requirement with an annual fee could be administered by the Secretary of State to offset the fiscal impact of the tax being repealed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of repealing the current corporate license tax and replacing it with a fee to be administered by the Secretary of State; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Prezioso, Unger, Hunter, Dempsey, Edgell, Sharpe, Barnes, Foster, Jenkins and Plymale offered the following resolution:
Senate Concurrent Resolution No. 11-Requesting the Joint Committee on Government and Finance study the adequacy of current law in protecting the health and safety of West Virginia's secondary and post-secondary student athletes participating in athletic programs and the utilization of athletic trainers and other professionals and paraprofessionals in connection with sports programs in West Virginia.
Whereas, The Legislature is charged with protecting the public interest, as well as student health and safety, and safeguarding professional practices; and
Whereas, The state has an interest in the control, supervision and regulation of middle, junior high, secondary and post-secondary school athletic events, as well as in regulating and monitoring the practice of professions through licensing boards which are responsible for ensuring the certification of those professionals practicing in the profession being regulated; and
Whereas, There is increasing awareness that student athletes in competitive individual and team sports, in which participation may result in injury, are at a greater risk of serious injury or death when athletic trainers and other professionals and paraprofessionals are not present at practices and athletic events; and
Whereas, It is the desire of the Legislature to determine the specific risks to, and the needs of, West Virginia's student athletes and the appropriate use and qualifications for athletic trainers and other professionals and paraprofessionals to minimize risk and address those needs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the adequacy of current law in protecting the health and safety of West Virginia's secondary and post-secondary student athletes participating in athletic programs and the utilization of athletic trainers and other professionals and paraprofessionals in connection with sports programs in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study and evaluate the current risks to our participating student athletes; the experience of our public schools, colleges and universities in managing these risks and protecting student health and safety; the current best practices with respect to utilizing athletic trainers and other professionals and paraprofessionals at practices and athletic events; the desirability of promulgating training and certification standards for athletic trainers and other professionals and paraprofessionals; and such other related issues as may arise in the course of this study; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 12- Requesting the Division of Highways name the bridge on Route 49 crossing the Tug Fork River from Matewan, Mingo County, to Buskirk, Kentucky, the "Michael S. Justice Bridge".
Whereas, Michael S. Justice, who served with pride and distinction in the United States Navy, was assigned to the battleship USS Iowa; and
Whereas, On April 19, 1989, the USS Iowa was engaged in gunnery exercises 330 miles northeast of Puerto Rico. Suddenly, there was an explosion and subsequent fire on the second of two forward turrets at the loading position of the middle gun in the three-gun turret. As a result of the explosion, 47 sailors were killed; and
Whereas, Sadly, one of the sailors killed on that terrible day was West Virginia native Michael S. Justice of Matewan, Mingo County; and
Whereas, It is fitting that a lasting tribute be paid to the honor and memory of Michael S. Justice who was killed while in service to this nation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge on Route 49 crossing the Tug Fork River from Matewan, Mingo County, to Buskirk, Kentucky, the "Michael S. Justice Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to make and place signs identifying the bridge as the "Michael S. Justice Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Senator Edgell offered the following resolution:
Senate Concurrent Resolution No. 13- Requesting the Division of Highways rename the Tallman Bridge at Sellers Run Road, between Middlebourne and Shiloh, Tyler County, the "E. Glen Moore Memorial Bridge".
Whereas, E. Glen Moore was a lifelong resident of Tyler County, West Virginia; and
Whereas, During his life, E. Glen Moore dedicated himself to the preservation of Tyler County's heritage and history. He was instrumental in the establishment of the Tyler County Museum, which is housed in the former Tyler County High School; and
Whereas, E. Glen Moore was also recognized for his positive influence on the youth of Tyler County, to whom he served as an outstanding role model; and
Whereas, Even after his passing, E. Glen Moore's unselfish dedication and commitment to his community continues to inspire others; and
Whereas, In tribute to the community service of E. Glen Moore, the Tyler County Commission adopted a resolution, which was forwarded to the Legislature, requesting the Division of Highways rename the Tallman Bridge at Sellers Run Road in his honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways rename the Tallman Bridge at Sellers Run Road, between Middlebourne and Shiloh, Tyler County, the "E. Glen Moore Memorial Bridge"; and, be it
Further Resolved, That the Legislature hereby requests the Division of Highways have made and be placed signs identifying the bridge as the "E. Glen Moore Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate recessed until 6:45 p.m. today.
Upon expiration of the recess, the Senate reconvened.
The hour of 7 p.m. having arrived, that being the time set for the joint assembly to hear the address of His Excellency, the Governor, the Senate recessed until ten minutes after adjournment of the joint assembly. Members of the Senate then repaired in a body to the hall of the House of Delegates.
***

(NOTE: For formal procedure in the joint assembly and the address of His Excellency, the Governor, the Honorable Joe Manchin III, see the Journal of the House of Delegates for this day.)
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Night Session

The joint assembly having been dissolved, the Senate returned to its chamber and resumed its regular session.
Executive Communications

Senator Tomblin (Mr. President) presented the following communication from His Excellency, the Governor, submitting the executive budget and annual budget bill, which was received and read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

February 9, 2005

Senate Executive Message No. 1
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
I herewith submit, pursuant to the Constitution of the State of West Virginia, a budget and budget bill for the fiscal year beginning July 1, 2005.
With warmest regards,
Joe Manchin III,
Governor.
Subsequently, Senator Tomblin (Mr. President) laid before the Senate the aforementioned annual budget bill,

By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 145--A Bill making appropriations of public money out of the treasury in accordance with section fifty-one, article VI of the constitution.
Which was read by its title and referred to the Committee on Finance.
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 10, 2005, at 11 a.m.
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