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