WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2008

FIRST DAY

____________

Charleston, W. Va., Wednesday, January 9, 2008

Pursuant to section eighteen, article six of the Constitution of the State of West Virginia, which prescribes that the Legislature shall convene annually on the second Wednesday in January, the Senate assembled in its chamber in the state capitol in the City of Charleston, West Virginia, on this ninth day of January, two thousand eight, for the second annual sixty-day session of the seventy-eighth Legislature, and at 12 o'clock Noon was called to order by the President, the Honorable Earl Ray Tomblin.
Steve Hendricks, Charleston, West Virginia, proceeded in the playing of "Scotland the Brave" and "Amazing Grace" on the bagpipes and Randall Reid-Smith, Commissioner of the Division of Culture and History, proceeded in the singing of "The Star-Spangled Banner". Prayer was then offered by the Reverend Lee McDermott, First Presbyterian Church, Logan, West Virginia.
On the call of the roll, the following answered to their names:
Senators Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President).
Thirty-two members having answered to their names, the President declared the presence of a quorum.
The Senate proceeded to the second order of business and the introduction of guests.
Senator Chafin then offered the following resolution:
Senate Resolution No. 1--Raising a committee to notify the House of Delegates that the Senate has assembled in regular session.
Resolved by the Senate:
That a committee of three be appointed by the President to inform the House of Delegates that the Senate has assembled in regular sixty-day session, with a quorum present, and is ready to proceed with the business of this regular session.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such committee, the following:
Senators Jenkins, Foster and Hall.
Subsequently, Senator Jenkins reported that the committee had performed the duty assigned to it.
The first message this session from the House of Delegates, by
Delegates Fleischauer, Yost and J. Miller, announced that the House of Delegates has assembled, with a quorum present, and is ready to proceed with the business of this second regular session of the seventy-eighth Legislature.
Senator Chafin offered the following resolution:
Senate Resolution No. 2--Providing for the appointment of a committee to inform the Governor that the Legislature has assembled in regular session.
Resolved by the Senate:
That a committee of three on the part of the Senate be appointed by the President, to join with a similar committee on the part of the House of Delegates, to notify His Excellency, the Governor, that the Legislature has assembled in regular sixty-day session, with a quorum of each house present, and is ready to receive any communication or message that he may desire to present.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such committee, the following:
Senators Fanning, Bailey and Barnes.
A message from the House of Delegates, by
Delegates Guthrie, Swartzmiller and C. Miller, announced that the Speaker had appointed them a committee of three to join with a similar committee on the part of the Senate under the provisions of Senate Resolution No. 2 to wait upon the Governor. Senate and House members of this select committee then proceeded to the executive offices.
Subsequently, Senator Fanning reported that the joint Senate and House committee had performed the duty assigned to it.
The Senate proceeded to the sixth order of business.
 On motions for leave, severally made, the following bills and joint resolutions were introduced, read by their titles, and referred to the appropriate committees:
By Senators White, Hunter, Fanning and Minard:
Senate Bill No. 1 --A Bill to amend and reenact §5-1-26 of the Code of West Virginia, 1931, as amended, relating to giving the office of the Attorney General the power to investigate and charge, at any time, home heating oil, gasoline or other motor fuel price gouging.
Referred to the Committee on the Judiciary.
By Senator White:
Senate Bill No. 2 -- A Bill to amend and reenact §25-4-6 of the Code of West Virginia, 1931, as amended, relating to assignment of youthful offenders to the custody of the Division of Corrections; and providing that where an offender has completed the treatment program and is returned to court for sentencing but commits a crime between the time of release from the youthful offender center and the sentencing hearing, the judge has the discretion to impose the original sentence instead of releasing the offender on probation.
 Referred to the Committee on the Judiciary.
By Senators Hunter and Barnes:
Senate Bill No. 3 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62- 3-22, relating to providing mandatory review of life without parole sentence by the Supreme Court of Appeals.
 Referred to the Committee on the Judiciary.
By Senators Jenkins and Barnes:
Senate Bill No. 4 -- A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Secondary School Activities Commission; requiring evaluation by the Legislative Auditor; and requiring board members and officers to comply with ethical standards for elected and appointed officials.
Referred to the Committee on Education.
By Senator Bailey:
Senate Bill No. 5 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-12-87; and to amend and reenact §29-3-23 and §29-3-24 of said code, all relating to legalizing and regulating the sale and use of fireworks.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 6 -- A Bill to amend and reenact §18-5-4 of the Code of West Virginia, 1931, as amended, relating to providing members of county boards of education are paid eighty-five dollars per day and expenses for time spent in mandatory education.
 Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 7 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29- 29-1, §29-29-2, §29-29-3, §29-29-4, §29-29-5 and §29-29-6, all relating to state flood protection planning; providing legislative findings; defining terms; establishing the State Flood Protection Planning Council and providing certain duties; establishing State Flood Protection Planning Advisory Committee and providing its duties; and requiring reporting to the Joint Legislative Oversight Commission on Water Resources.
Referred to the Committee on Natural Resources.
By Senator Bailey:
Senate Bill No. 8 -- A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931, as amended, relating to requiring legislative approval by concurrent resolution before a road, highway or bridge may receive a memorial designation.
 Referred to the Committee on Transportation and Infrastructure.
By Senators Bailey and Love:
Senate Bill No. 9 -- A Bill to amend and reenact §18-2-8a of the Code of West Virginia, 1931, as amended, relating to mandating an orientation program in firearms and firearm safety in public schools; and specifying course requirements.
Referred to the Committee on Education; and then to the Committee on Finance.
By 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 §11- 21-12i, relating to providing a tax deduction on interest paid on student loans and automobile loans.
Referred to the Committee on Finance.
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 §5A-3-49a, relating to the reduction of petroleum-based fuel consumption through improvements in fleet fuel efficiency and the use of alternative fuel vehicles and alternative fuels in state and state subdivision on-road vehicles and combustion-powered machines.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Bailey and Love:
Senate Bill No. 12 --A Bill to amend and reenact §17A-7-2 of the Code of West Virginia, 1931, as amended, relating to one-trip permits issued by the State Police; increasing the fee for issuance; and providing that the State Police retain a portion of the fee for administration and enforcement.
Referred to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 13 -- A Bill to amend and reenact §30-4-3, §30-4-5, §30-4-13, §30-4-14, §30-4-15 and §30-4-21 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-4-8a, all relating generally to the West Virginia Dental Practice Act; clarifying definitions; clarifying powers of the board; clarifying temporary permits; providing promulgation of a rule by the board for providing a copy of a complaint to a dentist or dental hygienist; establishing a special volunteer dental license for retired dentists wishing to donate their expertise for dental care and treatment of indigent and needy patients in the clinic setting; and providing civil immunity.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Bailey and Hunter:
Senate Bill No. 14 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21- 3-22, relating to employer communications about politics, religion or labor-organizing activities; prohibiting certain employers from meeting and communicating with employees regarding the employer's political, religious or labor-organizing activities; and providing a civil remedy for violations.
Referred to the Committee on the Judiciary.
By Senators Bailey and Unger:
Senate Bill No. 15 -- A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931, as amended, relating to reducing, and ultimately eliminating, the severance tax imposed on behavioral health care providers.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Bailey, Hunter and Unger:
Senate Bill No. 16 -- 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 Government Organization; and then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 17 -- 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 Foster and Hunter:
Senate Bill No. 18 -- A Bill to amend and reenact §21-5D-4 and §21-5D-5 of the Code of West Virginia, 1931, as amended, all relating to allowing employees to use paid accumulated sick leave as paid family leave to care for a family member.
 Referred to the Committee on Finance.
By Senator Foster:
Senate Bill No. 19 -- A Bill to amend and reenact §16-3-4 and §16-3-5 of the Code of West Virginia, 1931, as amended, all relating to providing medical and nonmedical exemptions from mandatory immunizations for school children; requiring parental or guardian affidavit of conscientious or religious belief; requiring parents and guardians to assert their beliefs in an affidavit and to present an affidavit affirming that they have completed an educational course regarding the risks and benefits of immunizations; providing that the affidavit be provided before the exemption may apply; requiring submission of affidavit to magistrate; requiring notification by magistrates; requiring the development of certain rules governing the magistrate review procedure; allowing the removal of students who are not immunized from school in times of emergency or epidemic; and providing that the Commissioner of the Bureau for Public Health may, by rule, add or delete diseases for which vaccines are required for school attendance and provide for the membership of the Immunization Advisory Committee .
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Foster and Plymale:
Senate Bill No. 20 --A Bill to repeal §5-10-43 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-10-26, §5-10-44 and §5-10-54 of said code, all relating to the Public Employees Retirement System; removing the requirement that a former disability retirant no longer disabled must be returned to the employ of his or her former participating public employer; permitting administrative hearing before disability retirement termination; requiring reemployment lists; providing preference in hiring; clarifying procedures for reapplication by disability retirants whose benefits were terminated for economic causes; clarifying substantial gainful activity; clarifying right to reapply for regular retirement benefits after termination of disability benefits; clarifying interest; requiring termination of benefits gained by false representation or false records; requiring action to recover benefits gained by false representation or false records; and authorizing rules.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Foster:
Senate Bill No. 21 --A Bill to amend and reenact §11-16-13 of the Code of West Virginia, 1931, as amended, relating to increasing the barrel tax on nonintoxicating beer; and allocating fifty percent of the tax to the Regional Jail Operations Partial Reimbursement Fund.
Referred to the Committee on Finance.
By Senator Foster:
Senate Bill No. 22 --A Bill to amend and reenact §33-11A-11 of the Code of West Virginia, 1931, as amended, relating to providing notice of availability of owner's title insurance.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 23 --A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-1-3 of said code, all relating to requiring the Commissioner of the Bureau for Public Health to conduct a public health impact statement assessing the health impact of any new air or water rule, or modification of an existing air or water rule, proposed by the Secretary of the Department of Environmental Protection; and requiring the Secretary of the Department of Environmental Protection to incorporate findings of the impact statement into the proposed rule.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Foster, Stollings and Hunter:
Senate Bill No. 24 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5- 16-28, relating to providing copies of advanced directives in the form of living wills, medical powers of attorney and combined medical powers of attorney and living wills to public employees and retirees covered by the Public Employees Insurance Agency.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Minard and Plymale:
Senate Bill No. 25 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31A- 2-8b, relating to the authority of the Commissioner of Banking to enter into contracts with depository institutions to provide loan review services; and providing that funds obtained from contracts for loan review services shall be treated the same as bank assessment funds established by said code.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Bowman, Plymale, Jenkins and Hunter:
Senate Bill No. 26 --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 Facemyer:
Senate Bill No. 27--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 the Judiciary.
By Senators Prezioso and Plymale:
Senate Bill No. 28 --A Bill to amend and reenact §38-3-18 of the Code of West Virginia, 1931, as amended, relating to establishing that an income withholding tolls the running of the statute of limitations in child support matters; and providing that the statute of limitations on a child support debt begins to run when the last child that is the subject of the order emancipates.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Barnes, Jenkins, Hunter and Unger:
Senate Bill No. 29 --A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-5-2a; and to amend and reenact §25-1-11d of said code, all relating to granting salary increases to Division of Corrections' employees based on years of service; providing retention incentives for Division of Corrections' employees; and increasing state increment pay for Division of Corrections' employees.
Referred to the Committee on Finance.
By Senators White and Hunter:
Senate Bill No. 30 --A Bill to amend and reenact §46A-6J-3 and §46A-6J-5 of the Code of West Virginia, 1931, as amended, all relating to giving the office of the Attorney General the power to investigate and charge, at any time, home heating oil, gasoline or other motor fuel price gouging.
Referred to the Committee on the Judiciary.
By Senators Guills and Barnes:
Senate Bill No. 31 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61- 2A-1, §61-2A-2 and §61-2A-3, all relating to the castle doctrine generally; creating a presumption of reasonable fear of imminent peril of death or great bodily harm when using defensive force that is intended or likely to cause death or great bodily harm to another; and granting immunity from criminal prosecution and civil action.
Referred to the Committee on the Judiciary.
By Senator Sharpe:
Senate Bill No. 32 --A Bill to amend and reenact §11-15-2 of the Code of West Virginia, 1931, as amended, relating to the definitions of "commercial laundry" and "linen and garment rental service"; and including commercial laundry and linen and garment rental service establishments in the class of persons, firms and corporations included in the definition of "manufacturing" for consumers sales and service tax purposes.
Referred to the Committee on Finance.
By Senators Minard and Oliverio:
Senate Bill No. 33 --A Bill to amend and reenact §46A-7-115 of the Code of West Virginia, 1931, as amended, relating to consumer credit and protection generally; requiring persons engaged in making consumer credit sales and certain other consumer-related activities to register with the Commissioner of Banking instead of filing a notification with the Tax Division; setting forth the provisions of a registration form; providing for a registration fee; and exempting certain other organizations and individuals from the registration requirements.
Referred to the Committee on Banking and Insurance.
By Senator Minard:
Senate Bill No. 34--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; and then to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 35 --A Bill to amend and reenact §11-22-1 and §11-22-2 of the Code of West Virginia, 1931, as amended, all relating to limiting each county commission to imposing a mortgage recording tax of not more than one dollar per one thousand dollars.
Referred to the Committee on Finance.
By Senators Foster and Hunter:
Senate Bill No. 36 --A Bill to amend and reenact §8-18-10 of the Code of West Virginia, 1931, as amended, relating to setting a ten-year limitation on the enforcement of certain liens on real estate assessed by municipalities.
Referred to the Committee on the Judiciary.
By Senators Foster, White and Hunter:
Senate Bill No. 37 --A Bill to amend and reenact §18-2-6a of the Code of West Virginia, 1931, as amended, relating to the sale of healthy beverages and soft drinks in schools generally; prohibiting the serving of soft drinks in elementary, middle or junior high schools during the school day; requiring high schools selling or serving soft drinks during the school day to sell and make equally accessible to students healthy beverages; prohibiting the sale or serving of soft drinks in high schools during breakfast and lunch periods; requiring that the sale of soft drinks and healthy beverages be administered by the West Virginia Department of Education; requiring profits from the sale of healthy beverages accrue to the benefit of the nutrition program; and prohibiting competitive sales of foods and beverages of minimal nutritional value in the food service areas during meal service periods.
Referred to the Committee on Health and Human Resources; and then to the Committee on Education.
By Senators Minard and White:
Senate Bill No. 38 --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 Banking and Insurance.
By Senators Minard and Oliverio:
Senate Bill No. 39 --A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to increasing the number of allowable magistrate court deputy clerks; and designating an additional deputy clerk for Braxton County.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Kessler and Hunter:
Senate Bill No. 40 --A Bill to amend and reenact §5-10-25 of the Code of West Virginia, 1931, as amended, relating to the Public Employees Retirement System; and preventing reduction of disability pensions at age sixty-five.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Kessler, Barnes and White:
Senate Bill No. 41 --A Bill to amend and reenact §48-9-209 of the Code of West Virginia, 1931, as amended, relating to the allocation of responsibility under a parenting plan for a child; and adding that if a parent has made two or more unsubstantiated or false reports of domestic violence or child abuse, then, upon the request of either parent, the court may determine if limitations should be imposed.
Referred to the Committee on the Judiciary.
By Senators McKenzie, Barnes and White:
Senate Bill No. 42 --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 criminal offense of voyeurism or unlawful viewing where an individual has an expectation of privacy; providing misdemeanor penalties; providing exception for law-enforcement and security surveillance and other lawful visual portrayals and viewing; and extending criminal prosecution for a misdemeanor violation of this section to three years after the date of the offense.
Referred to the Committee on the Judiciary.
By Senator Boley:
Senate Bill No. 43 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48- 18-105a, relating to providing a method in which males may contest allegations or presumptions of biological parentage under certain circumstances.
Referred to the Committee on the Judiciary.
By Senator Deem:
Senate Bill No. 44 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11- 21-12i, relating to allowing a federal adjusted gross income deduction for the amount spent on a high deductible health plan purchased in conjunction with a health savings account.
Referred to the Committee on Finance.
By Senator Deem:
Senate Bill No. 45 --A Bill to amend and reenact §5A-4-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-1-1 of said code, all relating to placing the West Virginia Science and Cultural Center under the authority and control of the General Services Division of the Department of Administration.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Deem:
Senate Bill No. 46 --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, Barnes and Oliverio:
Senate Bill No. 47 --A Bill to amend and reenact §29-22B-702 of the Code of West Virginia, 1931, as amended, relating to prohibiting the placement of automated teller machines in establishments that contain video lottery terminals.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Prezioso and Unger:
Senate Bill No. 48 --A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended, relating to providing that correctional officers may retire with full benefits after twenty years of service.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 49 --A Bill to amend and reenact §3-1-8 of the Code of West Virginia, 1931, as amended, relating to elections and nominating procedures generally; and expanding the scope of the definition of a political party.
Referred to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 50 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51- 10-11, relating to authorizing the Administrator of the Supreme Court of Appeals to oversee bail bondsmen; and promulgation of rules.
Referred to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 51 --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.
By Senators Bailey, Kessler, Hunter and Foster:
Senate Bill No. 52 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3- 1D-1, relating to the agreement among states to elect the president by national popular vote .
Referred to the Committee on the Judiciary.
By Senators Foster, Bowman, Hunter and Unger:
Senate Bill No. 53 -- A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the reduction of state income taxes for certain state and federal retirees by increasing the exemption on retirement income in calculating the adjusted gross income for state personal income tax purposes .
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Foster, White, Jenkins and Hunter:
Senate Bill No. 54 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5- 10-22j; and to amend said code by adding thereto a new section, designated §18-7A-26u, all relating to providing one-time supplements to all annuitants when they reach the age of seventy.
 Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Foster:
Senate Bill No. 55 -- A Bill to amend and reenact §38-12-1 of the Code of West Virginia, 1931, as amended, relating to releases of liens by lien creditors.
 Referred to the Committee on the Judiciary.
By Senator Love:
Senate Bill No. 56 -- A Bill to amend and reenact §18B-10-4b of the Code of West Virginia, 1931, as amended, relating to providing that state institutions of higher education shall waive all fees for resident students who successfully complete the health sciences and technology academy-affiliated programs.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 57 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18- 5-9c, relating to allowing a county board of education to enter into a lease-purchase agreement for land, buildings and equipment.
 Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 58 -- A Bill to amend and reenact §21-5C-1 of the Code of West Virginia, 1931, as amended, relating to removing certain exceptions in the definitions of "employer" and "employee" covered by the West Virginia minimum wage law.
 Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Hunter and Foster:
Senate Bill No. 59 -- A Bill to amend and reenact §30-7-15a, §30-7-15b and §30-7-15c of the Code of West Virginia, 1931, as amended, all relating to expanding prescriptive authority of advanced nurse practitioners; and removing requirement for collaborative relationship.
 Referred to the Committee on Health and Human Resources.
By Senators Jenkins and Plymale:
Senate Bill No. 60 -- A Bill to amend and reenact §61-2-12 of the Code of West Virginia, 1931, as amended, relating to threatening to use a firearm or other deadly weapon as an element of robbery in the first degree; and providing criminal penalties.
 Referred to the Committee on the Judiciary.
By Senators Jenkins and Plymale:
Senate Bill No. 61 -- A Bill to amend and reenact §61-3-45 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-3-59, all relating to theft of oil, natural gas, water, telecommunications, electric and solid waste services; and providing criminal penalties.
 Referred to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 62 -- A Bill to amend and reenact §17-23-4 of the Code of West Virginia, 1931, as amended, relating to removing the exemption for salvage yards licensed before one thousand nine hundred eighty-eight from the screening provisions of said section.
 Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Guills and Barnes:
Senate Bill No. 63 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16- 2L-1, relating to prohibiting subsidies to entities that perform abortions.
 Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 64 -- A Bill to amend and reenact §3-8-12 of the Code of West Virginia, 1931, as amended, relating to limitation of distributing, handing out or otherwise dispensing public moneys by elected officials within ninety days of elections.
 Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Oliverio, Chafin, Edgell, Wells, Minard and Fanning:
Senate Bill No. 65 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18- 2-35a, relating to establishment of the school uniforms incentive plan pilot program; providing funding for certain public elementary schools which adopt and implement school uniform policies; directing how funds may be spent; and requiring progress report to the Legislative Oversight Commission on Education Accountability.
 Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Love and Unger:
Senate Bill No. 66 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31- 20-33, relating to allowing the Executive Director of the West Virginia Regional Jail and Correctional Facility Authority to establish a relocation assistance program for nonprobationary correctional officers who volunteer to relocate from an adequately staffed regional jail to a regional jail that is persistently understaffed; and providing certain subjects be addressed in the program.
 Referred to the Committee on Finance.
By Senator Foster:
Senate Bill No. 67-- A Bill to amend and reenact §33-11A-11 of the Code of West Virginia, 1931, as amended, relating to providing notice of availability of owner's title insurance.
Referred to the Committee on Banking and Insurance ; and then to the Committee on the Judiciary .
 By Senators Hunter and White:
Senate Bill No. 68 --A Bill to repeal §18-7C-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-7C-6 of said code, relating to providing a one-time option to certain members of the Defined Contribution Retirement System to opt into the State Teachers Retirement System.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Hunter and Unger:
Senate Bill No. 69 --A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §12-3-1c, all relating to increasing the amount of annual incremental salary increases for eligible state employees from fifty dollars to seventy-five dollars; and requiring the State Auditor to provide a benefits statement with a state officer's or employee's net wages.
Referred to the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 70 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-1-1a, relating to the temporary detention of criminal suspects by law-enforcement officers to inquire on commission of a crime where probable cause appears to exist.
Referred to the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 71 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2G-1, §5B-2G-2, §5B-2G-3, §5B-2G-4, §5B-2G-5 and §5B-2G-6, all relating to requiring a jobs impact statement for certain proposed legislation.
Referred to the Committee on Economic Development; and then to the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 72 --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 Government Organization.
By Senators Jenkins and Plymale:
Senate Bill No. 73 --A Bill to amend and reenact §7-8-14 of the Code of West Virginia, 1931, as amended, relating to requiring defendants who are sentenced to jail to pay the costs of incarceration; and requiring the sentencing court to conduct a hearing at or before sentencing to determine the individual's ability to pay the costs.
Referred to the Committee on the Judiciary.
By Senators Barnes and Stollings:
Senate Bill No. 74 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11- 27-38, relating to providing a tax credit to medical providers in an amount equal to their investment in electronic medical records technology.
Referred to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 75 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17A- 13-1, §17A-13-2, §17A-13-3, §17A-13-4 and §17A-13-5, all relating to regulating the use of automobile event data recorders, commonly known as "black boxes".
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 76 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-6F-1, §49-6F-2, §49-6F-3, §49-6F-4, §49-6F-5, §49-6F-6, §49-6F- 7 and §49-6F-8, all relating to creating the Office of Family and Foster Child Protection Ombudsman; powers and duties of the Office of Family and Foster Child Protection Ombudsman; qualifications, term of office and salary of the ombudsman; authorizing the ombudsman to hire staff; providing the ombudsman and staff of the Office of Family and Foster Child Protection Ombudsman to investigate and monitor the Department of Health and Human Resources' Division of Child Protective Services; access to Child Protective Services' records and information; communication with children involved in Child Protective Services' investigations and in foster care; confidentiality of information; immunity from liability; sunset provision; and defining terms.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Hunter and White:
Senate Bill No. 77 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5- 10-22j; and to amend said code by adding thereto a new section, designated §18-7A-26u, all relating to providing a supplemental benefit to certain public employee and teacher retirement annuitants.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 78 --A Bill to amend and reenact §11-12-5 of the Code of West Virginia, 1931, as amended, relating to prohibiting the Tax Commissioner from issuing a new business registration certificate to any new business owned, managed, operated by or in which any person participated as a member of a board of directors, partner, manager or member director of a business that is delinquent in the payment of personal property taxes.
Referred to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 79 --A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to calculation of West Virginia adjusted gross income for personal income tax purposes; and subtracting Social Security benefits from federal adjusted gross income to the extent included in federal gross income for federal income tax purposes.
Referred to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 80 --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 such operations; and providing verification of notice to adjoining landowners by certified mail.
Referred to the Committee on Natural Resources.
By Senator Hunter:
Senate Bill No. 81 --A Bill to amend and reenact §33-15-4b of the Code of West Virginia, 1931, as amended, relating to prohibiting insurers offering coverage for nursing services from limiting the definition of "scope of practice" for purposes of benefit determination.
Referred to the Committee on Banking and Insurance.
By Senator Hunter:
Senate Bill No. 82 --A Bill to amend and reenact §16-30C-6 of the Code of West Virginia, 1931, as amended, relating to allowing advanced nurse practitioners to sign do-not-resuscitate orders.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 83 --A Bill to amend and reenact §16-5-19 of the Code of West Virginia, 1931, as amended, relating to allowing advanced nurse practitioners to sign death certificates.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Chafin:
Senate Bill No. 84 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to railroad employees; and establishing criminal penalties for interfering with medical treatment of a railroad employee injured during the course of employment.
Referred to the Committee on the Judiciary.
By Senator Chafin:
Senate Bill No. 85 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §12- 3A-7, relating to information technology donations by the State Treasurer.
Referred to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 86 --A Bill to amend and reenact §17C-17-9 of the Code of West Virginia, 1931, as amended, relating to increasing the maximum weight for six-axle tractor trailers.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senator Facemyer:
Senate Bill No. 87 --A Bill to amend and reenact §4-11A-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §19-1-4 of said code; and to amend said code by adding thereto a new section, designated §19-1-4e, all relating to the Tobacco Settlement Fund; duties of the Commissioner of the Department of Agriculture; duty to assist farmers to make the transition from growing tobacco to growing other crops or pursuing other agriculture-related businesses; creating the Transition Program for Tobacco Farmers' Fund; and creating the Transition Program for Tobacco Farmers.
Referred to the Committee on Agriculture; and then to the Committee on Finance.
By Senators Oliverio and Unger:
Senate Bill No. 88 --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 Senator Love:
Senate Bill No. 89 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to providing that when, during the course of an abortion procedure, a fetus is aborted alive, all available medical means be used to preserve its life; and prescribing criminal penalties for violations.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Love:
Senate Bill No. 90 --A Bill to amend and reenact §33-12-8 of the Code of West Virginia, 1931, as amended, relating to providing that insurance agents who, on or after the thirteenth day of June, two thousand six, had twenty years of experience as a licensed agent and who were sixty-five years of age or older are exempt from the requirement that they obtain continuing education.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Prezioso, White, Stollings, Jenkins, Oliverio, Hunter, Unger, Foster and Green:
Senate Bill No. 91 --A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to reducing the ratio of school nurses to school children; and eliminating the provision allowing county boards to contract with county health departments for equivalent nursing services.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Prezioso, Bowman and Unger:
Senate Bill No. 92 --A Bill to repeal §16-2F-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-6, §16-2F-8 and §16-2F-9 of said code; and to amend said code by adding thereto a new section, designated §16-2F-8a, all relating to parental notification requirements for obtaining abortions by unemancipated minors; defining terms; requiring proof of age prior to an abortion; providing for substitute notification in certain instances; modifying physician reporting requirements; providing for criminal penalties; providing for preservation of fetal tissue in instances of sexual assault; and providing for severability.
Referred to the Committee on Health and Human Resources; then to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Boley and Unger:
Senate Bill No. 93 --A Bill to amend and reenact §17B-3-3a, §17B-3-3c and §17B-3-4 of the Code of West Virginia, 1931, as amended, all relating to providing that accessible parking violations will be considered motor vehicle violations and criminal offenses for certain penalty and record-keeping purposes.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 94 --A Bill to amend and reenact §31-17-5, §31- 17-8 and §31-17-14 of the Code of West Virginia, 1931, as amended, all relating to mortgage license provisional approval; disclosure of fees in a mortgage loan; and administrative hearing, appeal and scheduling procedures.
Referred to the Committee on Banking and Insurance.
By Senators Prezioso, Hunter and Unger:
Senate Bill No. 95 --A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended, relating to providing that any service in the United States armed forces up to five years is credited service toward retirement for members of the Public Employees Retirement System.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Prezioso, Stollings and Oliverio:
Senate Bill No. 96 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-10, relating to prohibiting smoking of tobacco products in a motor vehicle while an individual fourteen years of age or less is present; setting forth legislative findings; definitions; violation of section a secondary offense; providing penalties; and local ordinances or regulations.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 97 --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 Government Organization; and then to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 98 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-78, relating to specifying that gambling and lottery winnings are taxable; specifying that gambling and lottery losses are tax deductible; and requiring the taxpayer to keep detailed records showing losses.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 99 --A Bill to amend and reenact §18-9A-7 of the Code of West Virginia, 1931, as amended, relating to allocating fifteen thousand dollars to each county to be used for transporting students to school-related activities within the state; requiring approval in advance from superintendent of schools for the county making the request; and forfeiture of unused funds.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 100 --A Bill to amend and reenact §11-21-12d of the Code of West Virginia, 1931, as amended, relating to providing a personal income tax adjustment to the gross income of certain retirees receiving pensions from defined pension plans that terminated and are being paid a reduced maximum benefit guarantee.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Minard:
Senate Bill No. 101 --A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to providing an exemption from property taxation for property used by nonprofit corporations for providing electricity to residents of this state.
Referred to the Committee on Finance.
By Senators Minard, Kessler, Facemyer, Oliverio and Unger:
Senate Bill No. 102 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-11-12, relating to including on the state personal income tax return a checkoff option to donate some or all of any tax refund to the Jackson's Mill 4-H Camp Checkoff Program.
Referred to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 103 --A Bill to amend and reenact §16-9A-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-5-2 of said code, all relating to granting municipal courts jurisdiction over juveniles who violate laws and ordinances relating to tobacco use.
Referred to the Committee on the Judiciary.
By Senators Kessler and White:
Senate Bill No. 104 --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, Plymale and White:
Senate Bill No. 105 --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; expanding and clarifying scope of section; establishing offenses; enhancing penalties; and defining terms.
Referred to the Committee on the Judiciary.
By Senators Kessler and Hunter:
Senate Bill No. 106 --A Bill to amend and reenact §21A-10-11 of the Code of West Virginia, 1931, as amended, relating to disclosure of employers in default of unemployment compensation payments and amounts by which employers are in default.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, White, Bowman and Hunter:
Senate Bill No. 107 --A Bill to amend and reenact §33-20-5 of the Code of West Virginia, 1931, as amended, relating to insurance generally; and prohibiting the use of a credit score in casualty insurance rate filings.
Referred to the Committee on Banking and Insurance.
By Senators McCabe and Barnes:
Senate Bill No. 108 --A Bill to amend and reenact §30-40-11 of the Code of West Virginia, 1931, as amended, relating to licensing real estate agents and brokers generally; and requiring the Real Estate Licensing Commission to conduct a criminal background check on applicants.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 109 --A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to providing that the term of imprisonment for malicious assault on certain officers, including police officers, is ten years.
Referred to the Committee on the Judiciary.
By Senator Facemyer:
Senate Bill No. 110 --A Bill to amend and reenact §48-7-107 of the Code of West Virginia, 1931, as amended, relating to providing for the automatic court-ordered transfer of title to marital property upon decree of divorce.
Referred to the Committee on the Judiciary.
By Senator Facemyer:
Senate Bill No. 111--A Bill to amend and reenact §11-15-8 of the Code of West Virginia, 1931, as amended, relating to listing certain professional and personal services as exempt from the payment of the consumers sales and service tax.
Referred to the Committee on Finance.
By Senators Bailey and Kessler:
Senate Bill No. 112 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-7-14, relating to traffic regulations; prohibiting driving in the passing lane of a highway where the speed limit is sixty-five miles per hour or more unless passing other vehicles, turning left or unless the volume of traffic does not permit the vehicle to safely merge into the nonpassing lane; and providing a misdemeanor penalty for violations.
Referred to the Committee on Transportation and Infrastructure.
By Senators Deem, Barnes, White and Hunter:
Senate Bill No. 113 --A Bill to amend and reenact §29-22B-1902 of the Code of West Virginia, 1931, as amended, relating to allowing a county commission to provide, by ordinance, for regulation and restriction of the location of any premises in which a limited video lottery retailer holds a license.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Foster:
Senate Bill No. 114 --A Bill to amend and reenact §61-8-19 of the Code of West Virginia, 1931, as amended, relating to excluding horses from the farm livestock exemption to the prohibition against cruelty to animals.
Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
By Senators Sypolt and Barnes:
Senate Bill No. 115 --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 Love and Barnes:
Senate Bill No. 116 --A Bill to amend and reenact §20-2-42d of the Code of West Virginia, 1931, as amended, relating to requiring nonresident applicants for hunting licenses to provide proof they are holders in good standing of equivalent hunting licenses in their resident states prior to being eligible for a nonresident hunting license in this state.
Referred to the Committee on Natural Resources.
By Senators White and Hunter:
Senate Bill No. 117 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Y-1, §11-13Y-2, §11-13Y-3, §11-13Y-4, §11-13Y-5, §11-13Y-6, §11-13Y-7, §11-13Y-8, §11-13Y-9, §11-13Y-10, §11-13Y-11, §11-13Y-12, §11-13Y-13, §11-13Y-14, §11-13Y-15, §11-13Y-16, §11-13Y-17, §11-13Y-18, §11-13Y-19, §11-13Y-20 and §11-13Y-21, all relating to taxation generally; setting forth short title; setting forth legislative findings; defining terms; specifying method for determining tax attributable to qualified investment; specifying eligibility for tax credit; specifying procedures for application for certification and for certification of project plans; specifying limitations on certification and criteria for certification; specifying applications for certification are public information; specifying procedures and criteria for decertification of projects or withdrawal or suspension of certification of projects or decrease of amounts of credit or qualified investment for which a project is certified; requiring audits and investigations; specifying confidentiality of certain information; requiring a project administration allowance to be deposited in a revolving fund for use by the Division of Tourism; establishing the Small Tourism Business Fund as a revolving fund; providing a tax administration allowance to be deposited in a revolving fund for use by the Tax Department; establishing the General Tax Administration Fund as a revolving fund; specifying method for determining qualified investment; specifying amount of tax credit allowed; setting forth application of credit; specifying method for assertion of credit and filings; specifying requirements for reporting of credit; setting forth total maximum aggregate tax credit limitation; specifying forfeiture of unused tax credits; specifying redetermination of credit; specifying recapture of credit; specifying treatment for premature disposition of qualified property; specifying treatment for premature cessation of use of qualified property; specifying recapture tax; specifying imposition of recapture tax; specifying application of the West Virginia Tax Procedure and Administration Act to the recapture tax; setting forth rules for transfer of qualified property to successors; specifying treatment of successor businesses where predecessor is entitled to the credit; specifying treatment of a mere change in the form of doing business; requiring and specifying identification of qualified tourism development property; specifying rules for failure to keep adequate records; specifying certain credit information to be published as public information; authorizing audits and joint audits or examinations of taxpayers claiming the credit and certain other persons; requiring program evaluation; setting forth expiration date for the tax credit program; specifying preservation of vested entitlements; specifying general procedure and administration and adoption of the West Virginia Tax Procedure and Administration Act as applying to the tax credit; and authorizing promulgation of regulations.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senator Love:
Senate Bill No. 118 --A Bill to amend and reenact §55-7-22 of the Code of West Virginia, 1931, as amended, relating to clarifying that reasonable force may be used to protect one's self, real and personal property and the person and property of another; and clarifying that use of reasonable and proportionate force to defend is an absolute defense criminally and civilly.
Referred to the Committee on the Judiciary.
By Senator Love:
Senate Bill No. 119 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-11e, relating to authorizing the Public Service Commission to protect the consumers of failed water or failed sewer utilities by ordering a capable water or sewer public utility to acquire the failed utility.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senator Love:
Senate Bill No. 120 --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 Government Organization; and then to the Committee on Finance.
By Senators Stollings, Plymale, Foster and Jenkins:
Senate Bill No. 121 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-4-22, relating to legislative rule-making authority of the West Virginia Insurance Commissioner; requiring development of a standard format for preferred drug lists and drug formularies; and requiring the format to be maintained and available electronically.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 122 --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 Senator Hunter:
Senate Bill No. 123 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-3E-1, §16-3E-2, §16-3E-3, §16-3E-4 and §16-3E-5, all relating to voluntary control and prevention of infections in hospitals, ambulatory surgical centers and other health care facilities generally; providing legislative findings and purposes; defining certain terms; creating the Infection Control Advisory Panel; and providing responsibilities and functions of the advisory panel.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
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 §20-2-5h, relating to prohibiting timbering operations within five hundred feet of any stream in this state that harbors native brook trout; and providing for criminal penalties for persons who violate the prohibition.
Referred to the Committee on Natural Resources.
By Senator Hunter:
Senate Bill No. 125 --A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as amended, relating to requiring the Public Employees Insurance Agency Finance Board to assume responsibility for medical and prescription coverage of retirees in the event any Medicare Advantage Program contract is not renewed or is otherwise terminated.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 126 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-1A-9, relating to requiring employers receiving fifty percent of their revenues, or greater, from state funds to remain neutral in union issues, disputes and controversies.
Referred to the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 127 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5, §55-7E-6, §55-7E-7, §55-7E-8, §55-7E-9 and §55-7E-10, all relating to limitations for certain asbestos claims; addressing judicial actions involving silica and asbestos exposure; requiring fair and efficient judicial consideration of personal injury and wrongful death arising out of asbestos or silica exposure; and ensuring individuals who suffer impairment now or in the future for illnesses caused by exposure to asbestos or silica receive compensation for their injuries.
Referred to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 128 --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 said pricing as an unfair or deceptive practice.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Bailey, Barnes and Fanning:
Senate Bill No. 129 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-1-3, relating to making English the official language of West Virginia.
Referred to the Committee on the Judiciary.
By Senators Bailey and Hunter:
Senate Bill No. 130 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-16G-1, §33-16G-2, §33-16G-3, §33-16G-4, §33-16G-5 and §33-16G-6, all relating to requiring health insurance plans to cover the cost of smoking cessation services for covered persons.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 131 --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 Senator Deem:
Senate Bill No. 132 --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 Senator Plymale:
Senate Bill No. 133 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-3-9a, relating generally to payment in lieu of property tax agreements; prescribing uniform minimum reporting and content requirements for payment in lieu of property tax agreements; requiring that agreements be filed in county clerk's office and with chief inspector and Secretary of Revenue and updated annually; requiring that local levying bodies approve payment in lieu of property tax agreements; permitting chief inspector to specify content of agreement and summaries by procedural rules; specifying method for allocation and distribution of payments in lieu of property taxes, whether payment is received in money or other property; specifying how in lieu of property tax payments received by a board of education are treated for purpose of state school aid formula; defining certain terms; specifying when and how these rules apply and exempting certain agreements from their application; and providing effective dates.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Prezioso, Foster and Hunter:
Senate Bill No. 134 --A Bill to amend and reenact §16-5R-7 of the Code of West Virginia, 1931, as amended, relating to penalties for failure to properly report pursuant to the reporting requirements of the Alzheimer's Disease Registry.
Referred to the Committee on the Judiciary.
By Senators McCabe, Foster and White:
Senate Bill No. 135 --A Bill to amend and reenact §22-15A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twelve new sections, designated §22-15A-24, §22- 15A-25, §22-15A-26, §22-15A-27, §22-15A-28, §22-15A-29, §22-15A-30, §22-15A-31, §22-15A-32, §22-15A-33, §22-15A-34 and §22-15A-35, all relating to establishing a returnable beverage container deposit program; defining terms; expressing findings and purpose; requiring the use of returnable beverage containers; requiring the collection of deposits on returnable beverage containers; establishing program for the refund of deposits; requiring food and beverage establishments pay deposit on beverage containers when beverage is consumed on premises; requiring the Department of Environmental Protection operate the returnable beverage container program; requiring certification of redemption centers; establishing requirements for certification of redemption centers; providing for payment of deposit refunds and handling fees; establishing requirements for reverse vending machines; exempting deposit refunds from consumers sales and service tax and business and occupation tax; exempting deposits on containers from consumers sales and service tax and excluding deposits from business and occupation tax; and providing penalties and remedies.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Sypolt and Love:
Senate Bill No. 136 -- A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to deleting the provision of law that makes it unlawful for any person to bring a weapon on State Capitol property.
 Referred to the Committee on the Judiciary.
By Senators Guills and Foster:
Senate Bill No. 137 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-3, relating to prohibiting use of a handheld cell phone while driving; providing exceptions; providing a penalty for violations; and providing that points may not be assessed against driver's license for a violation.
 Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Bailey, Hunter and Foster:
Senate Bill No. 138 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-10, relating to prohibiting the sale of candy- or fruit-flavored cigarettes in this state.
 Referred to the Committee on the Judiciary.
By Senators Foster, Jenkins, Hunter and Unger:
Senate Bill No. 139 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1B-27, relating to creating a fund to reimburse group life insurance premiums paid by members of the National Guard called to active duty in combat areas; establishing a Service Members' Group Life Insurance Reimbursement Fund in the State Treasury; and promulgation of emergency rules.
 Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senator Foster:
Senate Bill No. 140 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-38, relating to creating the Physicians Lien Act; creating physician liens on claims and causes of action by injured parties; requiring the release of physician records; requiring adjudication of claims; excluding certain benefits; and establishing priority of lien.
 Referred to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 141 -- A Bill to amend and reenact §60-3-9d of the Code of West Virginia, 1931, as amended, relating to increasing the tax on purchases of intoxicating liquors outside corporate limits of municipalities.
 Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Kessler:
Senate Bill No. 142 -- 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 Senator Deem:
Senate Bill No. 143 -- 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; clarifying certain definitions; making it a misdemeanor offense to abandon a motor vehicle which is unlicensed or inoperable, or both, upon any private property for a period of more than thirty days unless the vehicle is in an enclosed building; setting forth certain exceptions; and penalties.
 Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senator Deem:
Senate Bill No. 144 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i, relating to allowing a federal adjusted gross income deduction for the amount spent on health insurance; and defining terms.
 Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Love, Green, Prezioso, Sypolt, Boley, Unger, Jenkins, Bowman, Tomblin (Mr. President), Plymale, Kessler, Chafin, Wells, Oliverio, Guills, Facemyer, McKenzie, Edgell, Foster, Deem, Fanning, Barnes, McCabe, Caruth, Hunter, Helmick, Bailey, Yoder, Sharpe, Minard, White, Stollings, Hall and Sprouse:
Senate Bill No. 145 -- A Bill to amend and reenact §55-7-22 of the Code of West Virginia, 1931, as amended, relating to clarifying that reasonable force may be used to protect one's self, real and personal property and the person and property of another; and clarifying that use of reasonable and proportionate force to defend is an absolute defense criminally and civilly.
 Referred to the Committee on the Judiciary.
By Senators Kessler and Bowman:
Senate Bill No. 146 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-22; to amend said code by adding thereto a new section, designated §33-16-18; and to amend said code by adding thereto a new section, designated §33-16D-17, all relating to requiring health insurers to provide full coverage for the prevention, early detection, diagnosis and treatment of autism spectrum disorder.
 Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Prezioso, Foster, Jenkins and Oliverio:
Senate Bill No. 147 -- A Bill to amend and reenact §30-3A-1 and §30-3A-2 of the Code of West Virginia, 1931, as amended, all relating to the management of pain by physicians; eliminating the definition of "intractable pain" and defining the word "pain"; and making conforming amendments to the Pain Management Act.
 Referred to the Committee on Health and Human Resources.
By Senator Hunter:
Senate Bill No. 148 -- A Bill to amend and reenact §11-16-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22B-1202 of said code; to amend and reenact §60-3A-16 of said code; and to amend and reenact §60-7-10 of said code, all relating to increasing the distance that certain state-regulated activities must be located from a public playground, day care facility, school or church from three hundred to one thousand feet; increasing the distance that a beer licensee must be located from a public playground, day care facility, school or church from three hundred to one thousand feet; and providing that a limited video lottery retailer licensee, a retail liquor licensee and a private club licensee may not be located within one thousand feet of a public playground, day care facility, school or church.
 Referred to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 149 -- A Bill to amend and reenact §18B-2A-4 of the Code of West Virginia, 1931, as amended, relating to prohibiting abortions at state college or university medical facilities except when the abortion is necessary to save the life of the woman receiving the abortion.
 Referred to the Committee on Health and Human Resources.
By Senator Facemyer:
Senate Joint Resolution No. 1--Proposing an amendment to the Constitution of the State of West Virginia, amending section thirteen, article VI thereof, relating to eligibility of the citizens of the state to seat in the Legislature; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Chafin:
Senate Joint Resolution No. 2--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.
By Senators Bailey and Barnes:
Senate Joint Resolution No. 3-- Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof by adding thereto a new section, designated section twenty- three, relating to recognizing the right of the people to privacy; 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 Bailey and Yoder:
Senate Joint Resolution No. 4-- Proposing an amendment to the Constitution of the State of West Virginia, amending section thirty-three, article VI thereof, relating to legislative compensation reform; 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.
 Without objection, the Senate returned to the third order of business.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 1--Extending an invitation to His Excellency, the Governor, to deliver an address to the Legislature and raising a Joint Assembly therefor.
Whereas, His Excellency, the Governor, has advised that he will be pleased to address a Joint Assembly of the Senate and House of Delegates at the convenience of the two houses; therefore, be it
Resolved by the Legislature of West Virginia:
That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the Legislature at 7:00 o'clock postmeridian this day; and, be it
Further Resolved, That the President of the Senate and the Speaker of the House of Delegates appoint three members of each of the respective houses of the Legislature as a committee to wait upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the time herein appointed for hearing the address.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same was put and prevailed.
Whereupon, the President appointed as Senate members of such committee, authorized by the foregoing resolution, the following:
Senators Chafin, Bailey and Caruth.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
Pending announcement of meetings of a standing committee of the Senate,
On motion of Senator Chafin, the Senate recessed until 6:45 p.m. today.