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sdj-01st day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

FIRST DAY

____________

Charleston, W. Va., Wednesday, January 11, 2012

     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 eleventh day of January, two thousand twelve, for the second annual sixty-day session of the eightieth Legislature, and at 12 o'clock Noon was called to order by the President, the Honorable Jeffrey V. Kessler.
     Prayer was offered by the Reverend Jeffery S. Allen, Project Director, Healthy Kids and Families Coalition, West Virginia Council of Churches, Charleston, West Virginia, and Pastor, St. Stephens United Methodist Church and Simpson Memorial United Methodist Church, Charleston, West Virginia.
     On the call of the roll, the following answered to their names:
     Senators Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Mr. President).
     Thirty-three members having answered to their names, the President declared the presence of a quorum.
     The Senate proceeded to the second order of business and the introduction of guests.
     Senator Unger 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 Unger, 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 Laird, Tucker and Nohe.
     Subsequently, Senator Laird reported that the committee had performed the duty assigned to it.
     The first message this session from the House of Delegates, by
     Delegates Jones, Martin and Ellington, 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 eightieth Legislature.
     Senator Unger 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 Unger, 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 Edgell, D. Facemire and Hall.
     A message from the House of Delegates, by
     Delegates D. Campbell, R. Phillips and Evans, 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 Edgell 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 Senator Foster:
     Senate Bill No. 1--A Bill to amend and reenact §5-16-7a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §9-5-22; to amend and reenact §33-15-4f of said code; to amend and reenact §33-16-3o of said code; to amend and reenact §33-24-7f of said code; to amend and reenact §33-25-8e of said code; and to amend and reenact §33- 25A-8e of said code, all relating to requiring insurers to provide coverage for colorectal screening for individuals fifty years of age and older.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Foster and Williams:
     Senate Bill No. 2--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2- 9a, relating to creating a medication therapy management services program for Medicaid recipients; authorizing licensed pharmacists to consult with Medicaid patients to ensure they are taking the appropriate drugs and the drugs are not interfering with each other; setting forth the specific services to be provided by a pharmacist; setting forth eligibility requirements for participating pharmacists; and providing for a pilot program for certain Medicaid patients.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senators Foster and Klempa:
     Senate Bill No. 3--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-5A-1, §47-5A-2, §47-5A-3, §47-5A-4, §47-5A-5, §47-5A-6, §47-5A-7 and §47-5A-8, all relating to safety features of residential water heaters; providing maximum thermostat settings; requiring warning notice; allowing occupants control of thermostat settings; limiting liability of employees of manufacturers and installers; providing an effective date; and providing criminal penalty.
     Referred to the Committee on Government Organization.
     By Senators Foster, Kessler (Mr. President), Klempa and Wells:
     Senate Bill No. 4--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16- 1-19, relating to a child's right to nurse; and making a statement by the Legislature that nursing in a public place is socially acceptable.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Foster, Jenkins, Kessler, (Mr. President), Miller, Plymale and Klempa:
     Senate Bill No. 5--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5- 26-1 and §5-26-2, all relating to the creation of the Herbert Henderson Office of Minority Affairs; establishing the powers and duties of the office; requiring an executive director, staff and office; requiring annual reports to the Governor and the Joint Committee on Government and Finance; and creating a Minority Affairs Fund.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Stollings, Jenkins, Kessler (Mr. President), Miller, D. Facemire, Plymale, Foster and Kirkendoll:
     Senate Bill No. 6--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16- 1-5a, relating to the development and approval of certain training programs relating to the possession of epinephrine and the administration of epinephrine in emergency situations; and authorizing certain individuals to obtain a prescription for epinephrine, purchase epinephrine and administer epinephrine in emergency situations.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Stollings, Jenkins, Miller, Plymale, Foster, Klempa and Kirkendoll:
     Senate Bill No. 7--A Bill to amend and reenact §15-2-10 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-4C-24, all relating to allowing police, fire and emergency service providers to possess Naloxone to administer in suspected narcotic drug overdoses.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Browning, Miller, Plymale, Foster, Stollings, Kirkendoll, Unger and Minard:
     Senate Bill No. 8--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B-2I-6, §5B-2I-7, §5B-2I-8, §5B-2I-9, §5B-2I-10, §5B-2I-11 and §5B-2I-12, all relating to the Creative Communities Development Pilot Program; providing legislative findings and intent; creating the Creative Communities Development Fund; establishing the Creative Communities Development Board; providing requirements for applications for the use of matching funds from the Creative Communities Development Fund; providing for review of applications by the West Virginia Development Office; establishing that the Creative Communities Development Board shall have the authority to approve matching grants from Creative Communities Development Fund; establishing matching requirements from applicants; establishing eligible expenditures; defining parameters of agreement between West Virginia Development Office and a community for use of grant funds; providing for a review and audit of expenditures by West Virginia Development Office; and providing for review of Creative Communities Development Pilot Program.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senators Browning, Plymale, Unger, Stollings, Kirkendoll and Minard:
     Senate Bill No. 9--A Bill to amend and reenact §31-15-2 and §31-15-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §31-15- 12b, all relating to the West Virginia Economic Development Authority; adding legislative findings; defining terms; and providing requirements for loan criteria for loans to tourism projects.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senator Browning:
     Senate Bill No. 10--A Bill to amend and reenact §27-4-1 and §27-4-3 of the Code of West Virginia, 1931, as amended, all relating to increasing the age of consent that a minor may refuse mental health treatment from twelve to eighteen; and clarifying that the state not be obligated to pay for voluntary hospitalization.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Browning, Jenkins and Beach:
     Senate Bill No. 11--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 Raleigh County.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Browning, Chafin, Miller, D. Facemire and Beach:
     Senate Bill No. 12--A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to the use of low-speed vehicles in municipalities; and authorizing municipalities, by ordinance, to allow the use of low-speed vehicles on roads in municipalities with speed limits over twenty-five miles per hour and less than thirty-five miles per hour.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senators Browning, Williams, Foster and Klempa:
     Senate Bill No. 13--A Bill to amend and reenact §5B-2E-7a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5B-2E-7b, all relating generally to tourism development projects; removing annual credit cap for expansion projects; providing rule for determining credit for multiyear, multiphase projects; and providing consumers sales and service tax presumption.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senators McCabe, Kessler (Mr. President), Foster, Klempa and Wells:
     Senate Bill No. 14--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; to amend said code by adding thereto a new section, designated §5-11-9a; 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 generally; prohibiting discrimination based upon age or sexual orientation in housing; defining "sexual orientation" and "age"; correcting internal citations; exempting religious institutions from the sexual orientation proscriptions of this bill when such employment comports with specific criteria; and defining "religious institutions".
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators McCabe, Foster and Klempa:
     Senate Bill No. 15--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11- 13CC-1, §11-13CC-2, §11-13CC-3, §11-13CC-4, §11-13CC-5, §11-13CC-6, §11-13CC-7, §11-13CC-8, §11-13CC-9, §11-13CC-10, §11-13CC-11, §11- 13CC-12, §11-13CC-13 and §11-13CC-14, all relating to authorizing a tax credit against business franchise tax, corporate net income tax or personal income tax for eligible expenditures incurred in placing in service a residential or nonresidential energy-efficient building; defining terms; establishing the amount of tax credit permitted; requiring an application prior to taking the credit; providing the credit will be taken over a ten-year period; allowing the credit to be carried forward; providing that the tax credit is transferrable; providing for the forfeiture of the credit in certain instances; prohibiting the carryback of the credit; authorizing the recapture of the credit; providing a statute of limitations; authorizing rulemaking; and requiring reports to be made.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Minard, Williams, Beach and D. Facemire:
     Senate Bill No. 16--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 Agriculture; and then to the Committee on Finance.
     By Senators Snyder, D. Facemire and Unger:
     Senate Bill No. 17--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-18A-1, §29-18A-2 and §29-18A-3, all relating to creating the Commuter Rail Access Act; and allowing railroads in West Virginia which charge track access fees for any daily railroad commuter service in West Virginia a tax credit to the railroad against the corporate net income tax equal to access fees lost in lieu of other payment.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senators Minard and Jenkins:
     Senate Bill No. 18--A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to increasing the number of allowable magistrate court deputy clerks; and designating an additional deputy clerk for Braxton County.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Snyder, D. Facemire, Klempa and Unger:
     Senate Bill No. 19--A Bill to amend and reenact §3-8-12 of the Code of West Virginia, 1931, as amended, relating to the regulation and control of elections; and prohibiting unsolicited political text messages.
     Referred to the Committee on the Judiciary.
     By Senators Minard, Jenkins, Chafin, D. Facemire, Williams and Klempa:
     Senate Bill No. 20--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting Social Security income from state personal income tax.
     Referred to the Committee on Finance.
     By Senator Minard:
     Senate Bill No. 21--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5- 16-18a, relating to underwriting of nonstate employer groups by the Public Employees Insurance Agency.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senator Minard:
     Senate Bill No. 22--A Bill to amend and reenact §18C-7-3 of the Code of West Virginia, 1931, as amended, relating to modifying provisions regarding the higher education institutions that are eligible to continue to receive PROMISE scholarship funds; and including Salem International University as an eligible institution.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Williams, Plymale, Beach and Minard:
     Senate Bill No. 23--A Bill to amend and reenact §3-6-4a of the Code of West Virginia, 1931, as amended, relating to elections; requiring write-in candidates for public office to pay a filing fee for the office sought; and providing for distribution of the fee in the same manner as other candidates.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Foster and D. Facemire:
     Senate Bill No. 24--A Bill to amend and reenact §30-5-14 of the Code of West Virginia, 1931, as amended, relating to the registration and permits for operation of pharmacies; and forbidding the sale of tobacco products in licensed pharmacies.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Foster and Klempa:
     Senate Bill No. 25--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, or modification to, 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 the Judiciary; and then to the Committee on Finance.
     By Senator Foster (By Request):
     Senate Bill No. 26--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §39A- 4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A-4-6 and §39A-4-7, all relating to real property; enacting the Uniform Real Property Electronic Recording Act; providing for the recording of electronic real property documents by county clerks; and validity of real property documents with electronic signatures.
     Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.
     By Senators Foster, D. Facemire and Klempa:
     Senate Bill No. 27--A Bill to amend and reenact §5A-3-37 of the Code of West Virginia, 1931, as amended, relating to requiring political subdivisions of the state and county boards of education to give preference to resident vendors and vendors employing state residents; and reducing certain time requirements to meet residence qualifications.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Foster:
     Senate Bill No. 28--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-9G-1, §16-9G-2, §16-9G-3, §16-9G-4, §16-9G-5, §16-9G-6, §16-9G-7, §16-9G-8, §16-9G-9, §16-9G-10, §16-9G-11, §16-9G-12, §16-9G-13, §16-9G-14, §16-9G-15 and §16-9G-16, all relating to the Smoke Free West Virginia Act; providing definitions; prohibiting smoking in public places of employment and government vehicles; prohibiting smoking in student dormitories; designating other nonsmoking areas; providing exemptions; providing for enforcement; violations and penalties; local regulation; prohibiting smoking around entrances, exits, windows and ventilation intakes; and rules.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Foster and Klempa:
     Senate Bill No. 29--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5- 16-27; to amend said code by adding thereto a new section, designated §33-15-22; and to amend said code by adding thereto a new section, designated §33-16-18, all relating to requiring individual and group health insurance providers and the West Virginia Public Employees Insurance Agency to offer wellness programs with incentives for participation.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Beach and Klempa:
     Senate Bill No. 30--A Bill to amend and reenact §17A-4-10 of the Code of West Virginia, 1931, as amended, relating to vehicles scraped, compressed, dismantled or destroyed; providing an additional means to notify the division; prescribing form; and providing for the use of additional brands used by other jurisdictions that are consistent with the National Motor Vehicle Title Information System.
     Referred to the Committee on Transportation and Infrastructure.
     By Senators Beach and Klempa:
     Senate Bill No. 31--A Bill to amend and reenact §3-1-5 and §3-1-29 of the Code of West Virginia, 1931, as amended, all relating to increasing the limit on the size of voting precincts to five thousand registered voters; increasing the size of standard receiving boards in enlarged precincts; providing an option to have more poll workers in a precinct during a presidential election; and providing an option to have fewer poll workers in a precinct during a municipal election where there is no simultaneous state or county election.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Beach:
     Senate Bill No. 32--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60- 3A-3a; and to amend and reenact §60-3A-4 of said code, all relating to allowing Class A retail licensees or freestanding liquor retail outlets the ability to conduct responsible liquor sampling events on days of the week other than Sunday; and providing that violators of these sections are subject to certain criminal and civil penalties.
     Referred to the Committee on the Judiciary.
     By Senators Williams and Nohe:
     Senate Bill No. 33--A Bill to amend and reenact §7-7-4a of the Code of West Virginia, 1931, as amended, relating to full-time prosecuting attorney devoting full time to his or her public duties.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Klempa, D. Facemire and Unger:
     Senate Bill No. 34--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-2-10b, relating to requiring a study of the feasibility of consolidating government services and enforcement of laws pertaining to the motor carrier industry; requiring the Commissioner of the Division of Motor Vehicles to conduct the study; authorizing the commissioner to retain an outside expert consultant or consultants to advise and assist the commissioner in conducting the study; exempting certain information received by the commissioner from the West Virginia Freedom of Information Act; establishing the misdemeanor offense of unauthorized disclosure of trade secrets or proprietary business information obtained by the commissioner in the course of conducting the study; and providing for criminal penalties.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Klempa:
     Senate Bill No. 35--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47- 26-1, §47-26-2, §47-26-3, §47-26-4, §47-26-5, §47-26-6, §47-26-7, §47-26-8 and §47-26-9, all relating to pawnbrokers; providing definitions; establishing requirements for pawnbrokers; providing for the confiscation of pledged or purchased goods; establishing requirements for pawn tickets; requiring pawn transaction reporting; establishing disclosure requirements for pawn transactions to law-enforcement officers; authorizing the Commissioner of Banking to promulgate forms and propose legislative rules; establishing misdemeanor offenses; and providing criminal penalties.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Klempa:
     Senate Bill No. 36--A Bill to amend and reenact §5-22-1 of the Code of West Virginia, 1931, as amended, relating to requiring the disclosure of subcontractors within two hours of the close of bids for public construction contracts.
     Referred to the Committee on Labor; and then to the Committee on the Judiciary.
     By Senators Klempa and Foster:
     Senate Bill No. 37--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21- 3-22, relating to requiring onsite employees at certain public works construction projects to complete an Occupational Safety and Health Administration-approved ten-hour construction safety program prior to beginning work; civil penalties; and exemptions.
     Referred to the Committee on Labor; and then to the Committee on Government Organization.
     By Senators Klempa and D. Facemire:
     Senate Bill No. 38--A Bill to amend and reenact §60A-4-406 of the Code of West Virginia, 1931, as amended, relating to increasing the period of ineligibility for parole for people convicted of the felony offense of distribution of a controlled substance in the proximity of students awaiting, boarding or exiting a school bus.
     Referred to the Committee on the Judiciary.
     By Senator Klempa:
     Senate Bill No. 39--A Bill to amend and reenact §11-13A-3a of the Code of West Virginia, 1931, as amended, relating to imposition of an additional ten percent tax on gas severed from Marcellus Shale or by fracturing if sold or transported out of the state; and providing for the distribution of the taxes on gas severed from Marcellus Shale or by fracturing if sold or transported out of the state.
     Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
     By Senator Klempa:
     Senate Bill No. 40--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13CC-1, §11-13CC-2, §11-13CC-3 and §11-13CC-4, all relating to creating a tax credit for businesses that properly compost trash and unused food rather than use the normal means of dumping trash and unused food into a noncomposting dumpster; providing for eligibility of the credit; providing for the amount of the credit; and authorizing the Tax Commissioner to promulgate legislative rules to administer the tax credit.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Green, Jenkins and Plymale:
     Senate Bill No. 41--A Bill to amend and reenact §16-5-21 of the Code of West Virginia, 1931, as amended, relating to fetal death reporting; and creating the Grieving Parents Act.
     Referred to the Committee on the Judiciary.
     By Senators Foster and Miller:
     Senate Bill No. 42--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to making it a felony to drive a vehicle while under the influence of alcohol, controlled substance or other drug that causes serious bodily injury to another person; establishing penalties for first and subsequent violations of certain provisions; and defining a term.
     Referred to the Committee on the Judiciary.
     By Senators Foster and D. Facemire:
     Senate Bill No. 43--A Bill to amend and reenact §61-2-12 of the Code of West Virginia, 1931, as amended, relating to the criminal offenses of robbery and attempted robbery; creating offenses of robbery or attempted robbery causing serious bodily injury, robbery or attempted robbery with the discharge of a firearm, robbery or attempted robbery causing bodily injury and robbery or attempted robbery by presentation or threat of a deadly weapon; creating offenses of general robbery or attempted robbery; and establishing criminal penalties.
     Referred to the Committee on the Judiciary.
     By Senator Foster:
     Senate Bill No. 44--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5- 22; and to amend and reenact §9-9-3 of said code, all relating to permitting the state to opt out of a federal statute that would otherwise not allow a state resident who has been convicted of a felony involving a controlled substance from receiving certain benefits provided by the Social Security Act and the Food Stamp Act.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Foster and Kessler (Mr. President):
     Senate Bill No. 45--A Bill to amend and reenact §60A-10-7 of the Code of West Virginia, 1931, as amended, relating to the Methamphetamine Laboratory Eradication Act; and requiring a prescription for drug products that contain as an active ingredient ephedrine, pseudoephedrine, phenylpropanolamine or other chemical precursors of methamphetamine.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Foster:
     Senate Bill No. 46--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62- 12-2a, relating to implementing the Honest Opportunity Probation with Enforcement Program; providing legislative findings; establishing a pilot project at the option of each circuit court; requiring the parameters of the program to be agreed upon and placed in the sentencing order; requiring frequent random drug testing with instant result tests; and creating penalties for violations, including incarceration, possible drug treatment or removal from the program.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Beach, Kessler (Mr. President), Plymale, Williams, Foster, Klempa and Unger:
     Senate Bill No. 47--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C- 14-15, relating to establishing the offense of unlawful use of a wireless communication device while operating a motor vehicle on a street or highway; providing exceptions and conditions for certain lawful uses; including definitions; and providing criminal penalty.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senators Beach and Unger:
     Senate Bill No. 48--A Bill to amend and reenact §17-22-4 of the Code of West Virginia, 1931, as amended, relating to outdoor advertising signs containing numerical displays composed of lights or movable components that change no more often than once every twenty-four hours.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senator Beach:
     Senate Bill No. 49--A Bill to amend and reenact §61-2-14d of the Code of West Virginia, 1931, as amended, relating to failing to provide or return a minor child for visitation; and providing penalties.
     Referred to the Committee on the Judiciary.
     By Senators Boley and Nohe:
     Senate Bill No. 50--A Bill to amend and reenact §16-3-4 of the Code of West Virginia, 1931, as amended, relating to requiring parents who object to immunizations on the basis of their beliefs to provide a written statement to that effect in lieu of certificates showing proof of immunizations.
     Referred to the Committee on Education; and then to the Committee on the Judiciary.
     By Senators Boley and Nohe:
     Senate Bill No. 51--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48- 8-104a, relating to providing that adultery is a bar to alimony in a divorce proceeding; and providing for adjustment of alimony if a party learns of adultery after entry of divorce decree.
     Referred to the Committee on the Judiciary.
     By Senators Tucker, Plymale, Minard and Chafin:
     Senate Bill No. 52--A Bill to amend and reenact §29-21-9 of the Code of West Virginia, 1931, as amended, relating to panel attorneys; and providing that an attorney from the public defender office shall be appointed by a judge in certain cases.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Tucker, Jenkins and Chafin:
     Senate Bill No. 53--A Bill to amend and reenact §29-21-6 of the Code of West Virginia, 1931, as amended, relating to requiring public defender corporations of all the judicial circuits to be centralized under the Executive Director of Public Defender Services; and granting rule-making authority.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Green, D. Facemire, Williams, Beach and Stollings:
     Senate Bill No. 54--A Bill to amend and reenact §16-38-3 and §16-38-7 of the Code of West Virginia, 1931, as amended, all relating to prohibiting minors under the age of sixteen from obtaining a tattoo; requiring a parent or legal guardian be present at the tattoo studio and provide photo identification and written consent for minors sixteen years of age or older; and providing for penalties.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Beach:
     Senate Bill No. 55--A Bill to amend and reenact §18B-4-5 of the Code of West Virginia, 1931, as amended, relating to higher education; general administration; and residency requirements for persons appointed as campus police officers.
     Referred to the Committee on Education; and then to the Committee on the Judiciary.
     By Senators Beach and Kessler (Mr. President):
     Senate Bill No. 56--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; to amend said code 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 insurance coverage; and requiring coverage of spouses and dependents for pregnancy and contraceptive services.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senator Beach:
     Senate Bill No. 57--A Bill to amend and reenact §19-1A-2 and §19-1A-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §19-1B-3 of said code, all relating to providing additional protections for state forests and other public lands where timbering operations are conducted.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senator Foster:
     Senate Bill No. 58--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §25- 6A-1, §25-6A-2, §25-6A-3, §25-6A-4, §25-6A-5, §25-6A-6 and §25-6A- 7, all relating to authorizing circuit courts to sentence nonviolent felony offenders to work camps; requiring the Commissioner of the Division of Corrections to establish work camps for that purpose; providing definitions; determining eligibility; policy; reporting requirements; requiring Legislative Auditor to conduct a performance audit; and requiring liberal construction of article.
     Referred to the Committee on the Judiciary.
     By Senator Foster:
     Senate Bill No. 59--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-44-1, §16-44-2, §16-44-3, §16-44-4, §16-44-5, §16-44-6, §16-44-7, §16-44-8 and §16-44-9, all relating to creating the West Virginia Swimming Pool Safety Act; stating purpose; defining terms; establishing required safety features and building requirements for residential swimming pools; setting forth requirements for the Bureau for Public Health; and providing exemptions.
     Referred to the Committee on the Judiciary.
     By Senators Miller and Unger:
     Senate Bill No. 60--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to making it a felony to drive a vehicle while under the influence of alcohol, controlled substance or other drug that causes serious bodily injury to another person; and establishing penalties for first and subsequent violations of certain provisions.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senator Barnes:
     Senate Bill No. 61--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11- 13A-4a, relating to clarifying the intent of the Legislature in imposing the severance tax on the privilege of producing timber; and providing for this clarification to be applied retrospectively.
     Referred to the Committee on Natural Resources; and then to the Committee on Finance.
     By Senators Barnes, Sypolt and Nohe:
     Senate Bill No. 62--A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as amended, relating to the assessment of personal property; and exempting motor vehicles, including automobiles, motorcycles, airplanes, trucks and tractors, that are older than twenty-five years from taxable personal property.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senator Barnes:
     Senate Bill No. 63--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 Senators Barnes and Sypolt:
     Senate Bill No. 64--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5, §61-14-6, §61-14-7, §61-14-8, §61-14-9 and §61-14-10, all relating to creating the Support Our Law Enforcement and Safe Neighborhoods Act; defining terms; requiring cooperation among officials and agencies; permitting lawful actions; establishing enforcement procedures; requiring aliens to carry alien registration documents; making it illegal to stop to pick up passengers for work; making it illegal to transport, move, conceal, harbor or shield unauthorized aliens; making it illegal to knowingly or intentionally employ unauthorized aliens; making it illegal to file false and frivolous complaints; creating the Intelligence Team Enforcement Mission Fund; setting forth civil and criminal penalties; and establishing a severability provision.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Barnes:
     Senate Bill No. 65--A Bill to repeal §55-7-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §55-7-13a, §55-7-13b and §55-7-13c, all relating to comparative fault; abolishing joint liability; providing that damages be allocated to any defendant held liable in direct proportion to that defendant's percentage of fault; and providing for method of assessing fault of the parties.
     Referred to the Committee on the Judiciary.
     By Senator Barnes:
     Senate Bill No. 66--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 Senator Barnes:
     Senate Bill No. 67--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §33-42-9 and §33-42-10, all relating to the care of aborted fetuses; requiring medical facilities that provide abortions to administer anesthesia to an unborn fetus when aborted if it is older than seven weeks; requiring all available medical means to be used to preserve the life of a fetus if it is alive when aborted; and providing criminal penalties for violations.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Barnes and Sypolt:
     Senate Bill No. 68--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33- 42-9, relating to prohibiting the performance of any abortion when the woman seeking it is doing so solely on account of the gender of the fetus; and prescribing a criminal penalty for violations of this section.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Barnes, Sypolt, Nohe, Williams and Unger:
     Senate Bill No. 69--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 $250 tax credit to firefighters who have up-to-date credentials during the taxable year.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Boley and Nohe:
     Senate Bill No. 70--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48- 24A-101, §48-24A-102, §48-24A-103, §48-24A-104, §48-24A-105, §48- 24A-106, §48-24A-107, §48-24A-108, §48-24A-109, §48-24A-110, §48- 24A-111, §48-24A-112, §48-24A-113 and §48-24A-114, all relating to creating the Paternity Justice Act of 2012; providing short title; making legislative findings and declarations; providing definitions; permitting a motion to vacate judgment of paternity and when it may be granted; appointing guardian ad litem for child; providing for genetic testing procedures to aid in determination of paternity; establishing who pays the costs of genetic testing; setting forth when an order vacating judgment of paternity is not to be entered; establishing what is to be considered in vacating judgment of paternity; modification of child support; when Bureau for Child Support Enforcement may participate; when prior orders are to be terminated; and providing that article does not affect adoptions.
     Referred to the Committee on the Judiciary.
     By Senators Beach and Klempa:
     Senate Bill No. 71--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3- 13-1, §3-13-2, §3-13-3, §3-13-4, §3-13-5 and §3-13-6, all relating to implementing an agreement among the states to elect the President and Vice President by national popular vote; setting forth who may be members to the agreement; establishing the manner of appointing presidential electors in the member states; setting forth the provisions of the agreement that the member states must enact into state law; setting forth the responsibilities of certain officials; and defining terms.
     Referred to the Committee on the Judiciary.
     By Senator Beach:
     Senate Bill No. 72--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-17B-1, §17-17B-2, §17-17B-3, §17-17B-4, §17-17B-5, §17-17B-6, §17-17B-7, §17-17B-8 and §17-17B-9, all relating to Parkways Authority collection enforcement; creating the Safe and Efficient Parkways Act; authorizing the electronic enforcement of collection of tolls; establishing penalties for nonpayment and damage to facilities; keeping certain information collected confidential and not subject to the Freedom of Information Act; allowing limited restricted and confidential access to certain information pursuant to subpoenas and court orders on a strictly confidential basis; granting rule-making authority; and defining terms.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senators Foster, Klempa and Stollings:
     Senate Bill No. 73--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16- 44-1, §16-44-2 and §16-44-3, all relating to tanning facilities' use by minors; defining terms; requiring consent for minors aged fourteen to seventeen to use tanning devices within tanning facilities; requiring parental accompaniment for minors under age fourteen to use tanning devices within tanning facilities; and specifying warning language and consent form language.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Snyder:
     Senate Bill No. 74--A Bill to amend and reenact §36B-1-203 of the Code of West Virginia, 1931, as amended, relating to certain exemptions for small planned communities from the Uniform Common Interest Ownership Act.
     Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.
     By Senator Unger:
     Senate Bill No. 75--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19- 33-1, §19-33-2, §19-33-3, §19-33-4 and §19-33-5, all relating to creating the Equine Rescue Facilities Act; providing definitions; licensing of equine facilities; providing for inspections; authorizing legislative rules; and providing penalties.
     Referred to the Committee on Agriculture; and then to the Committee on Government Organization.
     By Senator Unger:
     Senate Bill No. 76--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-29-1, §22-29-2, §22-29-3 and §22-29-4, all relating to requiring new facility projects of public agencies and projects receiving state funds to be designed and constructed complying with the International Code Council 2009, International Energy Conservation Code and the ANSI/ASHRAE/IESNA Standard 90.1-2007.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Unger and Foster:
     Senate Bill No. 77--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60- 3A-3a; to amend and reenact §60-3A-4 of said code; and to amend said code by adding thereto a new section, designated §60-7-9, all relating to requiring certain employees of licensed private clubs and retail outlets selling alcoholic beverages to take the techniques for education and alcohol management course, the training for intervention procedures course, alcohol awareness programs provided by the American Hotel and Lodging Association or the National Restaurant Association or other similar alcohol awareness education courses provided or approved by the Alcohol Beverage Control Commissioner; allowing for the training to be done onsite by a manager or supervisor; and providing legislative rule- making authority.
     Referred to the Committee on the Judiciary.
     By Senators Unger and Jenkins:
     Senate Bill No. 78--A Bill to amend and reenact §23-2-1 and §23-2-1b of the Code of West Virginia, 1931, as amended; to amend and reenact §23-2C-10 of said code; and to amend and reenact §33-2- 21a of said code, all relating to workers' compensation programs of state government entities and their employees; defining participants and exceptions thereto; including the West Virginia Wing of the Civil Air Patrol in such coverage; designating the Insurance Commissioner to manage workers' compensation risks of state entities; creating a purchasing exemption for the program; authorizing commissioner to assess fees; creating a fund in State Treasury; authorizing investment of funds; permitting loan from Insurance Commissioner's administrative fund to the state entities' workers' compensation program fund and repayment to the administrative fund; allowing coverage under assigned risk plan; and authorizing Insurance Commissioner to propose legislative rules and to adopt emergency rules.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Unger, Plymale, Foster and Klempa:
     Senate Bill No. 79--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C- 14-15, relating to establishing the misdemeanor offense of unlawful use of a wireless communication device for nonvoice interpersonal communication while operating a motor vehicle on a street or highway; providing definitions; providing exceptions; and establishing misdemeanor criminal penalties.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senators Miller, Foster and Stollings:
     Senate Bill No. 80--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C- 3-4, relating to health professionals student loan programs; providing in-state tuition rates to out-of-state medical and osteopathic students who agree to practice for a specific time in an underserved area within West Virginia; setting forth the conditions for approval in the program; providing for repayment; and granting rule-making authority.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Unger, Kessler (Mr. President), D. Facemire, Williams and Klempa:
     Senate Bill No. 81--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15- 2-5a, relating to compensation of State Police for off-duty time when they are required to be on standby to be called back to work; and providing a stipend for housing cost for officers who reside in and are assigned to the top five counties according to median monthly housing cost.
     Referred to the Committee on Finance.
     By Senator Miller:
     Senate Bill No. 82--A Bill to amend and reenact §31B-8-809 of the Code of West Virginia, 1931, as amended; to amend and reenact §31D-14-1420 of said code; to amend and reenact §31D-15-1530 of said code; to amend and reenact §31E-13-1320 of said code; and to amend and reenact §31E-14-1430 of said code, all relating to permitting the Secretary of State to dissolve a corporate entity if its professional license has been revoked or is in default with the Bureau of Employment Programs.
     Referred to the Committee on the Judiciary.
     By Senators Barnes and Williams:
     Senate Bill No. 83--A Bill to amend and reenact §51-2A-3 of the Code of West Virginia, 1931, as amended, relating to courts and their officers; family courts; and adding one family court judge to the twenty-third family court circuit.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Jenkins:
     Senate Bill No. 84--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-5D-1, §18-5D-2, §18-5D-3, §18-5D-4, §18-5D-5, §18-5D-6, §18-5D-7, §18-5D-8, §18-5D-9, §18-5D-10, §18-5D-11, §18-5D-12, §18-5D-13, §18-5D-14, §18-5D-15, §18-5D-16, §18-5D-17, §18-5D-18 and §18-5D-19, all relating to public education; authorizing public colleges or universities to sponsor community schools in cooperation with county boards of education; providing short title; stating legislative intent; providing definitions; stating powers of community schools and requirements; providing for boards of trustees and their powers; establishing pilot project and terms of application for project and terms and forms of agreement; providing exemption from public schools facility rules; providing for enrollment; providing for school staff and funding; transportation of students; tort liability of community schools; requiring annual reports and assessments; and providing causes for nonrenewal or termination.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senator Jenkins:
     Senate Bill No. 85--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 voting members from twenty to twenty-six.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.
     By Senators Jenkins and Nohe:
     Senate Bill No. 86--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; limiting the amount to be paid to thirty days; 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; and then to the Committee on Finance.
     By Senators Jenkins and Plymale:
     Senate Bill No. 87--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 up to a maximum of six hours of criminal suspects by law-enforcement officers to inquire about the commission of a crime where probable cause appears to exist.
     Referred to the Committee on the Judiciary.
     By Senators Jenkins, Williams, Klempa and Minard:
     Senate Bill No. 88--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5 and §5B-2I-6, all relating to creating the Jobs Impact Statement Act; requiring a jobs impact statement for certain proposed legislation; making legislative findings; setting forth the contents of a jobs impact statement; and availability of the statements.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senators Jenkins, Nohe and Plymale:
     Senate Bill No. 89--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7- 11-7; to amend said code by adding thereto a new section, designated §8-21-10a; and to amend said code by adding thereto a new section, designated §20-5-23, all relating to immunity from civil liability for operators of parks and recreation districts.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senator Jenkins:
     Senate Bill No. 90--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11- 3-1c, relating to the method of appraising certain affordable multifamily rental housing property for ad valorem property tax purposes; and granting rule-making authority.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Jenkins and Sypolt:
     Senate Bill No. 91--A Bill to amend and reenact §3-1-16 of the Code of West Virginia, 1931, as amended; to amend and reenact §3- 4A-11a of said code; to amend said code by adding thereto a new section, designated §3-5-6a; to amend and reenact §3-5-7, §3-5-13 and §3-5-13a of said code; and to amend said code by adding thereto a new section, designated §3-6-2a, all relating to the nonpartisan election of Justices of the Supreme Court of Appeals; timing and frequency of election; ballot design and printing; separation from partisan ballot; nonpartisan election of justices; filing announcement of candidacies; withdrawal of announcement of candidacies; refund of paid filing fees; and ballot content and form.
     Referred to the Committee on the Judiciary.
     By Senator Jenkins:
     Senate Bill No. 92--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11- 21-10b, relating to personal income tax; providing a credit against that tax for fees paid for recycling; and granting rule-making authority.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Jenkins and Nohe:
     Senate Bill No. 93--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61- 11-27, relating to requiring an additional five years of incarceration when utilizing a minor in the commission of a crime.
     Referred to the Committee on the Judiciary.
     By Senators Jenkins and Plymale:
     Senate Bill No. 94--A Bill to amend and reenact §23-2-1 of the Code of West Virginia, 1931, as amended, relating to providing that taxicab companies are not required to subscribe to or pay into the Workers' Compensation Fund by having insurance policies approved by the Insurance Commissioner.
     Referred to the Committee on the Judiciary.
     By Senators Sypolt, Miller, D. Facemire and Nohe:
     Senate Bill No. 95--A Bill to amend and reenact §19-25-2 of the Code of West Virginia, 1931, as amended, relating to limiting a landowner from civil liability for injuries that may occur to a person or property on the landowner's property or surrounding property caused while hunting.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senators Sypolt and Williams:
     Senate Bill No. 96--A Bill to amend and reenact §52-1-8 of the Code of West Virginia, 1931, as amended, relating to redefining the basis for disqualification of prospective jurors to include those who have been convicted of any crime punishable by imprisonment in excess of one year or any crime involving dishonesty or false statement, regardless of the punishment.
     Referred to the Committee on the Judiciary.
     By Senator Sypolt:
     Senate Bill No. 97--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22- 29-1, §22-29-2, §22-29-3 and §22-29-4, all relating to creating the Intrastate Coal and Use Act; establishing that the environmental regulation of coal and certain coal products mined and used within the state are exclusively regulated by the West Virginia Department of Environmental Protection; stating legislative authority; and defining terms.
     Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
     By Senator Sypolt:
     Senate Bill No. 98--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11- 15-9o, relating generally to consumers sales and service tax liability of homeowners' associations and their members; and exempting from tax dues, fees and assessments paid to homeowners' associations by members thereof which are to be used by the homeowners' association acting in its representative capacity for all members to purchase for the members, rather than sell to the members, such goods and services.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Sypolt:
     Senate Bill No. 99--A Bill to amend and reenact §55-2-6a of the Code of West Virginia, 1931, as amended, relating to imposing a statute of limitations for the bringing of a civil action derived from the actual surveying of real property more than ten years after the performance or furnishing of the services.
     Referred to the Committee on the Judiciary.
     By Senator Palumbo:
     Senate Bill No. 100--A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to collection of fees by circuit clerks; and removing the requirement that the circuit court charge three times the amount of actual postage when mailing documents.
     Referred to the Committee on the Judiciary.
     By Senators Yost, Jenkins, Nohe, Williams, Klempa and Unger:
     Senate Bill No. 101--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting all military, National Guard and Reserve income from state income taxes.
     Referred to the Committee on Military; and then to the Committee on Finance.
     By Senators Yost, Jenkins, Sypolt, Nohe, Klempa 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 §20-5-19a, relating to providing a fifty-percent discount to members of the West Virginia National Guard and the West Virginia National Guard Reserve in campground rental fees in state parks.
     Referred to the Committee on Natural Resources; and then to the Committee on Finance.
     By Senators Plymale, Jenkins, Stollings, Unger and Browning:
     Senate Bill No. 103--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §18-2-39 and §18-2-40, all relating to improving public education results; requiring the state board to promulgate a rule establishing a high-quality digital learning program; specifying ten elements the program must encompass which are elements pertaining to student eligibility, student access, personalized learning, advancement, content, instruction, digital learning providers, assessment and accountability, funding and delivery; recognizing the State Board of Education's Middle School Global 21 initiative including its goals, objectives and process; recognizing that the State Board of Education is seeking state funding for the implementation of the initiative; and requiring State Board of Education to report to the Legislative Oversight Commission on Education Accountability at certain intervals on the implementation of the initiative until fully implemented.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Edgell and D. Facemire:
     Senate Bill No. 104--A Bill to amend and reenact §11-24-11b of the Code of West Virginia, 1931, as amended, relating to the corporation net income tax; providing a credit for utility taxpayers with net operating loss carryovers; and providing a different procedure for determining the credit.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Jenkins:
     Senate Bill No. 105--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-19c, relating to making it a misdemeanor to wager at animal fighting ventures; creating the misdemeanor offense of conducting, financing, managing, supervising, owning or leasing any part of an animal fighting venture or the premises on which it takes place with knowledge that wagering is occurring; and providing a criminal penalty.
     Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
     By Senators Edgell, Jenkins, Kessler (Mr. President) and Plymale:
     Senate Bill No. 106--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-24, relating to providing that faculty and staff at state institutions of higher education are eligible to a seat in the Legislature.
     Referred to the Committee on Education; and then to the Committee on the Judiciary.
     By Senators Sypolt and Williams:
     Senate Bill No. 107--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-26-1, §47-26-2, §47-26-3, §47-26-4, §47-26-5 and §47-26-6, all relating to creating the West Virginia Firearms Freedom Act; exempting firearms, a firearm accessory or ammunition manufactured and retained in West Virginia from federal regulation under the Commerce Clause of the Constitution of the United States; providing short title; legislative declarations of authority; providing definitions; prohibitions; exceptions; and marketing of firearms.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Jenkins, Plymale and Foster:
     Senate Bill No. 108--A Bill to amend and reenact §50-1-4 of the Code of West Virginia, 1931, as amended, relating to requirements to serve as a magistrate; requiring a bachelor's degree or associate's degree; providing exceptions to educational requirements; providing internal operative date; clarifying training requirements; and deleting antiquated provisions.
     Referred to the Committee on the Judiciary.
     By Senators Jenkins and Foster:
     Senate Bill No. 109--A Bill to amend and reenact §16-5O-2, §16-5O-3 and §16-5O-4 of the Code of West Virginia, 1931, as amended, all relating to permitting unlicensed personnel to administer or assist with administration of medications in certain circumstances; defining terms; and providing exemptions from licensure.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Unger, Beach and Klempa:
     Senate Bill No. 110--A Bill to amend and reenact §31-15C-4 of the Code of West Virginia, 1931, as amended, relating to expanding the powers and duties of the Broadband Deployment Council.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.
     By Senators Unger, D. Facemire, Williams and Klempa:
     Senate Bill No. 111--A Bill to amend and reenact §15-2-3 and §15-2-5 of the Code of West Virginia, 1931, as amended, all relating to maintaining a minimum of eight hundred state troopers by July 1, 2015; and increasing the salary increase received at the end of two years of service with the West Virginia State Police to $580.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Yost and Klempa:
     Senate Bill No. 112--A Bill to amend and reenact §18A-4-8b of the Code of West Virginia, 1931, as amended, relating to county boards of education; temporary reassignment of injured or ill service personnel under specified conditions; compensation and benefits; vacancies and job postings; and expiration of reassignments.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Yost, Jenkins, Miller, D. Facemire, Foster, Klempa and Unger:
     Senate Bill No. 113--A Bill to amend and reenact §2-2-1a of the Code of West Virginia, 1931, as amended, relating to observing the week in which December 7 falls as a special memorial week to be known as Pearl Harbor and Military Appreciation Week; and directing the State Department of Education to implement a program involving students which recognizes the contributions made by West Virginians in the United States military.
     Referred to the Committee on the Judiciary.
     By Senators Yost and D. Facemire:
     Senate Bill No. 114--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-44-1, §16-44-2, §16-44-3, §16-44-4, §16-44-5 and §16-44-6, all relating to creating the Medication Therapy Management Act; and specifying that fees for third-party providers pay for the therapy under this act.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senators Yost, Miller and Klempa:
     Senate Bill No. 115--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3 and §5B-2I-4, all relating to creating the Keep Jobs in West Virginia Act; requiring all work performed for the state by contractors be performed in the United States; making legislative findings; permitting the state to seek damages and void contracts for work done outside the country; and providing exceptions.
     Referred to the Committee on Labor; and then to the Committee on Government Organization.
     By Senators Yost, Sypolt and Nohe:
     Senate Bill No. 116--A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting from taxation motor vehicles owned by members of the armed forces of the United States while serving in a designated war zone.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senators Yost, Jenkins, Miller, Sypolt Nohe and Klempa:
     Senate Bill No. 117--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting all military retirement income from state income tax.
     Referred to the Committee on Military; and then to the Committee on Finance.
     By Senator Foster:
     Senate Bill No. 118--A Bill to amend and reenact §37-9-1, §37- 9-2, §37-9-3 and §37-9-4 of the Code of West Virginia, 1931, as amended, all relating to termination of a residential lease upon the death of a tenant; defining terms; requiring notice and payment of certain rent; prohibiting waiver; and providing date for applicability of provisions.
     Referred to the Committee on the Judiciary.
     By Senator Sypolt:
     Senate Bill No. 119--A Bill to amend and reenact §11-10-13c and §11-10-13f of the Code of West Virginia, 1931, as amended, all relating to notice and removal of personal property from real property after a tax sale.
     Referred to the Committee on the Judiciary.
     By Senator Sypolt:
     Senate Bill No. 120--A Bill to amend and reenact §38-2-36 of the Code of West Virginia, 1931, as amended, relating to permitting a person to file a bond in escrow with a court in an amount sufficient to cover a mechanic's lien.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Sypolt:
     Senate Bill No. 121--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 Government Organization; and then to the Committee on Finance.
     By Senator Sypolt:
     Senate Bill No. 122--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 the Judiciary.
     By Senator Sypolt:
     Senate Bill No. 123--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8A-2-4a, relating to requiring an equal number of members from each magisterial district on county planning commissions.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Sypolt:
     Senate Bill No. 124--A Bill to amend and reenact §11-21-21 of the Code of West Virginia, 1931, as amended, relating to changing the qualifier for low income to three hundred percent or less of the federal poverty guideline from one hundred fifty percent or less of the federal poverty guideline for a senior citizens' homestead tax credit.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Yost and Klempa:
     Senate Bill No. 125--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-6A-1, §29-6A-2, §29-6A-3, §29-6A-4, §29-6A-5, §29- 6A-6, §29-6A-7, §29-6A-8, §29-6A-9, §29-6A-10, §29-6A-11, §29-6A- 12, §29-6A-13, §29-6A-14, §29-6A-15, §29-6A-16, §29-6A-17, §29-6A- 18, §29-6A-19, §29-6A-20, §29-6A-21, §29-6A-22, §29-6A-23, §29-6A- 24, §29-6A-25 and §29-6A-26, all relating to promoting orderly and constructive employment relations between the state and its employees; increasing the efficiency of the state; ensuring the health and safety of the citizens of this state; requiring the state to recognize, negotiate and bargain with employee organizations representing state employees and to enter into written agreements evidencing the result of bargaining; and encouraging labor peace through the establishment of standards and procedures which protect the rights of the state, the state's employees and the citizens of this state.
     Referred to the Committee on Labor; and then to the Committee on Government Organization.
     By Senators Prezioso, Klempa and Unger:
     Senate Bill No. 126--A Bill to amend and reenact §17C-13-6 of the Code of West Virginia, 1931, as amended, relating to requiring a removable windshield placard that is issued to a person with a mobility impairment to have on the placard a photograph of the person to whom the placard is issued; and requiring physician approval of mobility impaired applications.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senators Sypolt and Beach:
     Senate Bill No. 127--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24A-2-4c, relating to requiring all open or open-topped motor carriers engaged in the transportation of solid waste to be equipped and operated with truck tarpaulins; and providing misdemeanor penalties and fines for operator-drivers and owners for violations of this section.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senators Sypolt and Nohe:
     Senate Bill No. 128--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9o, relating to a sales tax exemption for veterinary medications.
     Referred to the Committee on Agriculture; and then to the Committee on Finance.
     By Senator Sypolt:
     Senate Bill No. 129--A Bill to amend and reenact §36-3-5a of the Code of West Virginia, 1931, as amended, relating to descriptions of easements and rights-of-way in deeds and similar instruments.
     Referred to the Committee on the Judiciary.
     By Senator Sypolt:
     Senate Bill No. 130--A Bill to amend and reenact §62-3-3 of the Code of West Virginia, 1931, as amended, relating to changing the number of strikes in jury selection in felony cases to provide four strikes each to the accused and the prosecution.
     Referred to the Committee on the Judiciary.
     By Senators Yost, Jenkins and Nohe:
     Senate Bill No. 131--A Bill to amend and reenact §20-2-42c of the Code of West Virginia, 1931, as amended, relating to allowing members of the West Virginia National Guard or its Reserve to obtain free hunting and fishing licenses while serving in the West Virginia National Guard or its Reserve and license for life upon full retirement.
     Referred to the Committee on Natural Resources; and then to the Committee on Finance.
     By Senator Sypolt:
     Senate Bill No. 132--A Bill to amend and reenact §22A-2-66 of the Code of West Virginia, 1931, as amended, relating to providing the Director of the Office of Miners' Health, Safety and Training some discretion in determining the penalty to impose upon operators failing to provide immediate notice upon the occurrence of a mining accident; and increasing allowable reporting time.
     Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
     By Senators Plymale, Jenkins and Foster:
     Senate Bill No. 133--A Bill to amend and reenact §29-22A-10 and §29-22A-10b of the Code of West Virginia, 1931, as amended, all relating to the net terminal income allocated to the Development Office Promotion Fund and the Cultural Facilities and Capitol Resources Matching Grant Program Fund; and technical amendments.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Chafin, Miller, Nohe and Klempa:
     Senate Bill No. 134--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to providing that the Commissioner of the Division of Highways may issue ten- year vehicle registration plates to recipients of the Bronze Star Medal.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senators Wells, Yost, Edgell, D. Facemire, Helmick, Sypolt, Jenkins, Miller, Nohe, Plymale and Unger:
     Senate Bill No. 135--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §30-1-6a and §30-1-6b, all relating to the professional and occupational licensure and registration of former and current members of the armed forces of the United States; requiring consideration of military education, training and experience for qualification for professional licensure; providing legislative findings; requiring acceptance of certain military education, training and experience toward qualification for licensure or registration; providing rule-making authority for licensing or registration boards; providing exceptions; and requiring the extension of licenses and the waiver of certain requirements for licenses or registration of persons and accompanying spouses on active duty in the armed forces of the United States.
     Referred to the Committee on Military; and then to the Committee on Government Organization.
     By Senators Wells, Yost, Edgell, D. Facemire, Helmick, Sypolt, Jenkins, Miller, Nohe, Plymale, Foster, Klempa and Minard:
     Senate Bill No. 136--A Bill to amend and reenact §59-1-10 of the Code of West Virginia, 1931, as amended, relating to death certificates of military veterans; and providing for the issuance, without charge, of up to five certified copies of a veteran's death certificate by the clerk of the county commission.
     Referred to the Committee on Military; and then to the Committee on Finance.
     By Senators Snyder and Unger:
     Senate Bill No. 137--A Bill to amend and reenact §29-22C-27 of the Code of West Virginia, 1931, as amended, relating to use of lottery funds for public works projects.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Palumbo and Unger:
     Senate Bill No. 138--A Bill to amend and reenact §17-16A-29 of the Code of West Virginia, 1931, as amended, relating to extending the discount for West Virginia EZ Pass transponders to all other toll roads; and requiring an annual public informational session in the affected counties.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senators Palumbo and Foster:
     Senate Bill No. 139--A Bill to amend and reenact §17C-15-49 of the Code of West Virginia, 1931, as amended, relating to making the offense of failure to wear safety belts a primary offense; and modifying fines.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senators K. Facemyer and D. Facemire:
     Senate Bill No. 140--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-15, relating to school personnel; and requiring boards of education to hire the most qualified person for extracurricular activities.
     Referred to the Committee on Education.
     By Senators K. Facemyer and Miller:
     Senate Bill No. 141--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 the minor attains 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 the minor attains eighteen years of age.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Unger and Snyder:
     Senate Bill No. 142--A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to authorizing an additional circuit court judge for the twenty-third judicial circuit consisting of Berkeley, Jefferson and Morgan counties.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Unger and Miller:
     Senate Bill No. 143--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-9a, relating to the Public Service Commission's duty to analyze and report to the Legislature on the broadband markets available in West Virginia; survey rates; services; market penetration; availability for people with disabilities; and universal service for low-income communities.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.
     By Senator Unger:
     Senate Bill No. 144--A Bill to amend and reenact §20-2-37 of the Code of West Virginia, 1931, as amended, relating to allowing shooters who are in possession of a firearm in or near the woods to not have to possess a valid hunting license.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senator Unger:
     Senate Bill No. 145--A Bill to amend and reenact §18B-10-1 of the Code of West Virginia, 1931, as amended, relating to prohibiting a student's silence or inaction as being an assent to health insurance coverage offered by a state institution of higher education.
     Referred to the Committee on Education.
     By Senator Unger:
     Senate Bill No. 146--A Bill to amend and reenact §7-2-2 of the Code of West Virginia, 1931, as amended, relating to requiring county commissions to change magisterial district boundary lines after every decennial census as necessary to achieve, as nearly as practicable, equal numbers of population, but in no event exceed a variation of ten percent; and updating notice provisions and other archaic language.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Stollings:
     Senate Bill No. 147--A Bill to amend and reenact §51-2A-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-1D-6 of said code, all relating to cellular telephone communications; making express that wiretapping evidentiary provisions apply to matters in family court; and providing that cellular phone communications, including texting, are confidential and not subject to discovery in civil proceedings.
     Referred to the Committee on the Judiciary.
     By Senators K. Facemyer and Williams:
     Senate Bill No. 148--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 Unger, Miller and Kessler (Mr. President):
     Senate Bill No. 149--A Bill to amend and reenact §36-8A-2, §36-8A-3 and §36-8A-5 of the Code of West Virginia, 1931, as amended, all relating to the disposition of forfeited or abandoned firearms in state custody.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Foster, Jenkins, Browning, Hall and Plymale:
     Senate Bill No. 150--A Bill to amend and reenact §5-10-31 of the Code of West Virginia, 1931, as amended, relating to the maximum contribution rate to be paid by a participating public employer under the West Virginia Public Employees Retirement System.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senators Barnes and Williams:
     Senate Bill No. 151--A Bill to amend and reenact §19-29-2 of the Code of West Virginia, 1931, as amended, relating to definition of "nontraditional agriculture".
     Referred to the Committee on Agriculture; and then to the Committee on Natural Resources.
     By Senators Wells, Yost, Edgell, D. Facemire, Helmick, Sypolt, Jenkins, Nohe, Williams, Foster, Klempa and Unger:
     Senate Bill No. 152--A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as amended, relating to unemployment benefits for certain spouses of military personnel; providing that an individual who has voluntarily quit employment to accompany a spouse serving in active military service who has been reassigned from one military assignment to another is not disqualified for benefits; and providing that the account of the employer of the individual who leaves employment to accompany a spouse reassigned from one military assignment to another may not be charged for those benefits.
     Referred to the Committee on Military; and then to the Committee on Finance.
     By Senators Klempa, Beach and Kessler (Mr. President):
     Senate Bill No. 153--A Bill to amend and reenact §11-13W-1 of the Code of West Virginia, 1931, as amended, relating to increasing the tax credits for apprenticeship training in construction trades.
     Referred to the Committee on Labor; and then to the Committee on Finance.
     By Senators Kessler (Mr. President), Beach and Unger:
     Senate Bill No. 154--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31D-16-1621, relating to the disclosure of corporate political activities to shareholders, the Secretary of State and the public.
     Referred to the Committee on the Judiciary.
     By Senators Kessler (Mr. President), Plymale and Browning:
     Senate Bill No. 155--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 Laird, Tucker, Yost, Barnes, D. Facemire, Klempa and Unger:
     Senate Bill No. 156--A Bill to amend and reenact §25-7-11 of the Code of West Virginia, 1931, as amended, relating to allowing the Commissioner of Corrections to use excess funds from the Correctional Industries Account for certain operational costs of the division; and creating special revenue accounts for the excess funds.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Klempa, Edgell, Yost, Williams, Beach, Kessler (Mr. President), Prezioso and Sypolt:
     Senate Bill No. 157--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-5b, relating to reallocating and dedicating three percent of oil and gas severance tax revenues up to $20 million annually to the oil- and gas-producing counties of origin and their respective municipalities; establishing state and local oil and gas county reallocated severance tax funds and providing for distribution of the moneys to the county commissions and governing bodies of the municipalities by the State Treasurer; establishing amounts each oil- and gas-producing county and their respective municipalities are to receive; requiring the creation of local funds into which moneys are to be deposited; requiring moneys be expended solely for economic development projects and infrastructure projects; providing definitions; providing restrictions on the expenditure of moneys; providing duties of State Tax Commissioner; requiring report of expenditures to Joint Committee on Government and Finance; providing audits of distributed funds when authorized by the Joint Committee on Government and Finance; and authorizing legislative and emergency rules.
     Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
     By Senators Kessler (Mr. President) and Unger:
     Senate Bill No. 158--A Bill to amend and reenact §5-15-4 of the Code of West Virginia, 1931, as amended, relating to requiring that handicap restroom facilities and stalls in all public places be constructed with two handrails or grab bars to accommodate persons in wheelchairs and other persons who need assistance.
     Referred to the Committee on Government Organization.
     By Senator Plymale:
     Senate Bill No. 159--A Bill to amend and reenact §18-10A-2a of the Code of West Virginia, 1931, as amended, relating to basing county salary supplement equivalent pay rate for Division of Rehabilitation Services teachers on supplement of county where division administrative headquarters are located.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Minard, Jenkins, Williams and Unger:
     
Senate Joint Resolution No. 1--Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; 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 Sypolt:
     
Senate Joint Resolution No. 2--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 the marriage protection amendment; prohibiting the state from recognizing same-sex marriages; prohibiting the state from recognizing a legal status for relationships that are similar to marriage; 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 Sypolt:
     
Senate Joint Resolution No. 3--Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; 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 Sypolt:
     
Senate Joint Resolution No. 4--Proposing an amendment to the Constitution of the State of West Virginia, amending section one, article VI thereof; amending section two, article XIV thereof; and amending said Constitution by adding thereto a new article, designated article XV, all relating to the legislative powers held by the people of the state and the Legislature; power of the registered voters and power of the Legislature to propose amendments to this Constitution; reservation by and to the people and registered voters of this state the powers of initiative, referendum and recall at all levels of government in this state; 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 Sypolt:
     
Senate Joint Resolution No. 5--Proposing an amendment to the Constitution of the State of West Virginia, amending section fourteen, article VII thereof, relating to creating a veto session of the Legislature to consider bills vetoed by the Governor; 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 Snyder, Miller and Unger:
     
Senate Joint Resolution No. 6--Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; 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.
     Senators Chafin, Beach, Klempa and Stollings offered the following resolution:
     Senate Concurrent Resolution No. 1--Requesting the Division of Highways to name bridge number 30-3/5-3.01, in Mingo County, the "Brittany Nicole Dentro Memorial Bridge".
     Whereas, Brittany Nicole Dentro was born at Williamson Memorial Hospital in 1991, the daughter of Tony and Ginger Dentro; and
     Whereas, Brittany Nicole Dentro lived in Lenore, West Virginia, where she attended Lenore from Kindergarten through the eighth grade and played softball, basketball and was a cheerleader; and
     Whereas, Brittany Nicole Dentro attended Logan High School, where she participated in many activities, including coaching the Tug Valley Midget League cheerleading team; and
     Whereas, Brittany Nicole Dentro loved spending time with her sisters, Alisha and Heather; and
     Whereas, Brittany Nicole Dentro was diagnosed with juvenile diabetes at the age of eight; and
     Whereas, Brittany Nicole Dentro attended a diabetes camp in Wheeling and Charleston, West Virginia, Camp Kno-Koma, where she eventually became a counselor to help others with other young children diagnosed with diabetes; and
     Whereas, Brittany Nicole Dentro enjoyed helping her grandfather operate his convenience store and helping her grandmother with patients in the ICU at Williamson Memorial Hospital; and
     Whereas, Brittany Nicole Dentro would have graduated from Logan High School in May 2009, and was planning to attend Marshall University, where she was accepted in the nursing program and planned on becoming a registered nurse; and
     Whereas, Sadly, Brittany Nicole Dentro passed on April 20, 2009, bringing to an end a young, precious life that was filled with compassion and love for others and unlimited potential; and
     Whereas, Brittany Nicole Dentro left behind a host of family and friends all of whom will miss her dearly; and
     Whereas, It is fitting, to name this bridge as a memorial to the life of Brittany Nicole Dentro; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name bridge number 30-3/5-3.01, in Mingo County, the "Brittany Nicole Dentro Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Brittany Nicole Dentro Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Brittany Nicole Dentro.
     Which, under the rules, lies over one day.
     Senators Beach, Klempa and Unger offered the following resolution:
     Senate Concurrent Resolution No. 2--Requesting the Division of Highways to name bridge number 31-43-2.48(4303) on County Route 43 and crossing Morgan's Run Road in Monongalia County, West Virginia, the "Colonel Zackquill Morgan Memorial Bridge-Founder of Morgantown".
     Whereas, Colonel Zackquill Morgan was a son of a Welsh-born Colonel Morgan Morgan and mother, Catherine Garretson Morgan in Berkeley County, Virginia now West Virginia in 1735. He served the Virginia forces during the French and Indian War participating in both the ill-fated Braddock's expedition and the more successful expedition by General Forbes in 1758. He rendered valuable service as leader of the rear guard during the Revolutionary War and advance guard of the Republic, serving in the capacity as "County Lieutenant" of Monongalia County with the title of Colonel during the Revolutionary War. Colonel Zackquill Morgan commanded approximately 600 Virginia Minute Men with General Gates during the Battle of Saratoga in October 1777, having lost nearly half his men in this battle; and
     Whereas, Colonel Zackquill Morgan accompanied by his brother David Morgan migrated to the region now known as Monongalia County, having had land surveyed for him on April 29, 1778, to include 220 acres on Decker's Creek and the Monongahela River. In 1782, with the extension of the Mason-Dixon line, Colonel Zackquill Morgan's home and county seat became part of Pennsylvania and as such moved south to what was then called Morgan's Town, establishing the county court in Colonel Morgan's home while a new courthouse was under construction. In October 1785, by request of Colonel Zackquill Morgan, the Virginia General Assembly specified that 50 acres of land be surveyed to establish half acre lots and a town named Morgan's Town, Virginia, now known as Morgantown, West Virginia to be established on this site. Colonel Zackquill Morgan maintained and operated the town's first tavern in 1783 and lived in a house on Front Street until his death on January 1, 1795, several years after peace had been declared with England. He was buried in a remote cemetery at Prickett's Fort, Marion County, Virginia, the grave was marked by a simple sandstone slab with the words "Z. M. Morgan, Jan. 1, 1795" crudely chiseled into its face; and
     Whereas, Colonel Zackquill Morgan shall be remembered as having served throughout the Revolutionary War and as founder of present day Morgantown, West Virginia, and the life and contributions of Colonel Zackquill Morgan shall be recognized and honored; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 31-43-2.48(4303) on County Route 43 and crossing Morgan's Run Road in Monongalia County, West Virginia, the "Colonel Zackquill Morgan Memorial Bridge-Founder of Morgantown"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed signs at each entry of said bridge, containing bold and prominent letters proclaiming the bridge to be the "Colonel Zackquill Morgan Memorial Bridge-Founder of Morgantown"; and, be it
     Further Resolved, That the Clerk of the Senate is directed to forward a certified copy of this resolution to the Secretary of Transportation and the Zackquill Morgan Chapter Daughters of the
American Revolution.
     Which, under the rules, lies over one day.
     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 Unger, 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 Unger, Minard and Hall.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Pending announcement of a meeting of a standing committee of the Senate, including a minority party caucus,
     On motion of Senator Unger, the Senate recessed until 6:50 p.m. today.
     Upon expiration of the recess, the Senate reconvened.
     The hour of 7 p.m. having arrived, that being the time set for the joint assembly to hear the address of His Excellency, the Governor, the Senate recessed until ten minutes after adjournment of the joint assembly. Members of the Senate then repaired in a body to the hall of the House of Delegates.
***

     (NOTE: For formal procedure in the joint assembly and the address of His Excellency, the Governor, the Honorable Earl Ray Tomblin, see the Journal of the House of Delegates for this day.)
__________

Night Session

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

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

OFFICE OF THE GOVERNOR

CHARLESTON

January 11, 2012

Senate Executive Message No. 1
The Honorable Jeffrey V. Kessler
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Kessler:
     I herewith submit, pursuant to the Constitution of the State of West Virginia, a budget and budget bill for the fiscal year beginning July 1, 2012.
                              Very truly yours,
                               Earl Ray Tomblin,
                               Governor.
     Subsequently, Senator Kessler (Mr. President) laid before the Senate the aforementioned annual budget bill,
     By Senators Kessler (Mr. President) and Hall (By Request of the Executive):
     
Senate Bill No. 160--A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.
     Which was read by its title and referred to the Committee on Finance.
     Senator Kessler (Mr. President) announced appointment of the standing committees of the Senate for this second session of the eightieth Legislature, and at the request of Senator Unger, and by unanimous consent, the complete list was ordered printed in the Journal as follows:
STANDING COMMITTEES OF THE SENATE

2012

__________

AGRICULTURE

     Senators Miller (Chair), Williams (Vice Chair), Beach, Fanning, Helmick, Laird, Minard, Snyder, K. Facemyer, Nohe and Sypolt.
BANKING AND INSURANCE

     Senators Minard (Chair), Wills (Vice Chair), Chafin, Fanning, Green, Helmick, McCabe, Palumbo, Prezioso, Tucker, Hall, K. Facemyer and Nohe.
CONFIRMATIONS

     Senators Edgell (Chair), Chafin (Vice Chair), Browning, D. Facemire, Plymale, Miller, Snyder, Hall and Sypolt.
ECONOMIC DEVELOPMENT

     Senators Browning (Chair), Klempa (Vice Chair), Chafin, D. Facemire, Helmick, Kirkendoll, McCabe, Prezioso, Snyder, Stollings, Wells, Hall, K. Facemyer and Sypolt.
EDUCATION

     Senators Plymale (Chair), Wells (Vice Chair), Beach, Browning, Chafin, Edgell, Foster, Laird, Stollings, Tucker, Wills, Unger, Barnes and Boley.
ENERGY, INDUSTRY AND MINING

     Senators D. Facemire (Chair), Kirkendoll (Vice Chair), Beach, Helmick, Jenkins, Klempa, Minard, Stollings, Snyder, Yost, K. Facemyer, Nohe and Sypolt.
ENROLLED BILLS

     Senators Tucker (Chair), Jenkins (Vice Chair), McCabe, Wells and Barnes.
FINANCE

     Senators Prezioso (Chair), D. Facemire (Vice Chair), Chafin, Edgell, Green, Helmick, Laird, McCabe, Miller, Plymale, Stollings, Unger, Wells, Yost, Boley, Hall and Sypolt.
GOVERNMENT ORGANIZATION

     Senators Snyder (Chair), Miller (Vice Chair), Browning, Foster, Green, Jenkins, Kirkendoll, Klempa, McCabe, Minard, Williams, Yost, Boley and Sypolt.
HEALTH AND HUMAN RESOURCES

     Senators Stollings (Chair), Laird (Vice Chair), Foster, Kirkendoll, Miller, Palumbo, Plymale, Prezioso, Tucker, Wills, Yost, Boley and Hall.
INTERSTATE COOPERATION

     Senators Klempa (Chair), Tucker (Vice Chair), Chafin, Palumbo, Wells, Nohe, Sypolt and Kessler (ex officio).
JUDICIARY

     Senators Palumbo (Chair), Wills (Vice Chair), Beach, Browning, Fanning, Foster, Jenkins, Kirkendoll, Klempa, Minard, Snyder, Tucker, Unger, Williams, Barnes, K. Facemyer and Nohe.
LABOR

     Senators Yost (Chair), Miller (Vice Chair), Edgell, Fanning, Foster, Green, Klempa, Williams, Wills, Barnes and Nohe.
MILITARY

     Senators Wells (Chair), Yost (Vice Chair), Edgell, Green, Jenkins, Laird, Williams, Barnes and Boley.
NATURAL RESOURCES

     Senators Laird (Chair), Fanning (Vice Chair), Beach, Edgell, D. Facemire, Green, Helmick, Prezioso, Williams, Wills, Barnes, Boley and K. Facemyer.
PENSIONS

     Senators Foster (Chair), Edgell (Vice Chair), Jenkins, McCabe, Plymale, Hall and Nohe.
RULES

     Senators Kessler (Chair), Browning, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Boley and Hall.
TRANSPORTATION AND INFRASTRUCTURE

     Senators Beach (Chair), Klempa (Vice Chair), D. Facemire, Fanning, Kirkendoll, Plymale, Tucker, Barnes and K. Facemyer.
________

     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, January 12, 2012, at 11 a.m.
____________

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