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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

FIRST DAY

____________

Charleston, W. Va., Wednesday, February 13, 2013The Senate met at 12 Noon.

(Senator Kessler, Mr. President, in the Chair.)

    Prayer was offered by the Reverend Brian O’Donnell, S. J., Executive Secretary, Catholic Conference of West Virginia, Charleston, West Virginia.

    Pending the reading of the Journal of Wednesday, January 9, 2013,

    On motion of Senator Fitzsimmons, the Journal was approved and the further reading thereof dispensed with.

    The Senate proceeded to the second order of business and the introduction of guests.

    Clark S. Barnes, of the County of Randolph, having been among the candidates for State Senator for the State of West Virginia appearing to have been elected November 6, 2012, and having been absent on January 9, 2013, at the convening of the Eighty-First Legislature, was administered the several oaths of office prescribed by the Constitution by the Honorable Jack Alsop, Judge of the Fourteenth Judicial Circuit of West Virginia, on January 14, 2013.

    The Senate proceeded to the third order of business.

Executive Communications

    The following communication from His Excellency, the Governor, was reported by the Clerk:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

January 16, 2013

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary Tennant:

    Pursuant to W. Va. Code §3-10-5, I have this day appointed Samuel J. Cann, Sr., 21 Maple Lk, Bridgeport, Harrison County, West Virginia 26330, as a Senator representing the Twelfth Senatorial District, to fill the vacancy created by the resignation of the Honorable Joseph M. Minard from this day through the remainder of the unexpired term of said office.

                             Sincerely,

                               Earl Ray Tomblin,

                                 Governor.

cc: The Honorable Jeffrey V. Kessler

    The several oaths of office prescribed by the Constitution were administered by the Honorable Joseph M. Minard, Clerk of the West Virginia Senate, to Samuel J. Cann, of the County of Harrison, on January 24, 2013.

    The following communication was reported by the Clerk:

THE SENATE OF WEST VIRGINIA

CHARLESTON

January 14, 2013

The Honorable Jeffrey V. Kessler

President, West Virginia Senate

State Capitol

Charleston, West Virginia

Dear President Kessler:

    Please let this letter serve as my official notification that I hereby resign my Senate seat in order to continue my public service to the great state of West Virginia as its next Agriculture Commissioner. My resignation is effective as of today, Monday, January 14, 2013, at 12:00 p.m.

    I have served in this distinguished body for nearly a quarter of a century and have helped guide this state through troubled financial times into the prosperity we have most recently enjoyed. And while there is no doubt we in West Virginia face great challenges in our immediate future, I leave this Senate knowing our state is in capable and steady hands.

    I want to thank the citizens of Pocahontas County and the citizens of the 15th Senatorial District for putting their trust in me for the past 23 years and allowing me to serve their interests. I also want to thank my Senate colleagues and the Senate staff, both past and present, for their hard work and dedication to this State, but more importantly, for their friendship.

    As I move on to the next stage in my career of public service, I look forward to maintaining building upon the relationships I have built while a member of this Senate and continuing to do the work of the people of West Virginia.

                             Sincerely,

                              Walt Helmick

    The following communication from His Excellency, the Governor, was next reported by the Clerk:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

January 23, 2013

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary Tennant:

    Pursuant to W. Va. Code §3-10-5, I have this day appointed Donald H. Cookman, 356 Woodland Way, Romney, Hampshire County, West Virginia 26757, as a Senator representing the Fifteenth Senatorial District, to fill the vacancy created by the resignation of the Honorable Walt Helmick from this day through the remainder of the unexpired term of said office.

                             Sincerely,

                               Earl Ray Tomblin,

                                 Governor.

cc: The Honorable Jeffrey V. Kessler

    The several oaths of office prescribed by the Constitution were administered by the Honorable Thomas H. Keadle, Judge of the Twenty-Sixth Judicial Circuit of West Virginia, to Donald H. Cookman, of the County of Hampshire, on January 31, 2013.

    Senator Kessler (Mr. President) laid before the Senate the following communication:

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

CHARLESTON

August 21, 2012

The Honorable Jeffrey V. Kessler

President, Senate of West Virginia

State Capitol

Charleston, West Virginia

Dear President Kessler:

    This is to notify you that in accordance with the provisions of the Open Government Proceedings Act §6-9A, et seq., of the West Virginia Code, timely notice of the meeting of the Board of the West Virginia Regional Jail and Correctional Facility Authority (WVRJCFA) was filed June 4, 2012, with the Secretary of State’s office for publication in the West Virginia State Register. The meeting was held August 16, 2012, at 1:00 p.m., in the Conference Room of the Office of the Cabinet Secretary of the West Virginia Department of Military Affairs and Public Safety (WVDMAPS) at Building 1, Suite W-400, 1900 Kanawha Boulevard, East in Charleston, West Virginia. As the Cabinet Secretary of WVDMAPS and a member of the Board of WVRJCFA, I am authorized to advise you that a quorum was ascertained and by a majority vote and in accordance with West Virginia Code §31-20, et seq., Joseph DeLong was appointed, subject to the advice and consent of the Senate, as Executive Director, to serve at the will and pleasure of the Board, for a term of five years to commence on August 16, 2012.

    Accordingly, I am herewith submitting the name of Joseph DeLong as Executive Director for the WVRJCFA for the confirmation process of the West Virginia State Senate.

                             Sincerely,

                               Joseph C. Thornton,

                                 Chair.

    Which communication was received and referred to the Committee on Confirmations.

    On motion of Senator Green, consideration of the appointment submitted by the Regional Jail and Correctional Facility Authority immediately hereinbefore reported was made a special order of business for Saturday, April 13, 2013, at 11 a.m.

    The Senate proceeded to the sixth order of business.

    On motions for leave, severally made, the following bills and joint resolutions were introduced, read by their titles, and referred to the appropriate committees:

    By Senators Plymale, Jenkins, Stollings and McCabe:

    Senate Bill No. 1--A Bill to amend and reenact §17-27-9 of the Code of West Virginia, 1931, as amended, relating to comprehensive agreements for public-private transportation facilities; changing final date that the division may enter into comprehensive agreements; and substituting the Secretary of the Department of Transportation for the Legislature as the party authorized to approve comprehensive agreements.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.

    By Senators Sypolt, Barnes, Blair, Stollings, D. Hall, McCabe, Williams, Cole and Carmichael:

    Senate Bill No. 2--A Bill to amend and reenact §19-25-2 of the Code of West Virginia, 1931, as amended, relating to limiting a landowner’s civil liability for injuries that may occur to a person or property on the landowner’s property or surrounding property while hunting.

    Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.

    By Senator Jenkins:

    Senate Bill No. 3--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, Barnes, D. Hall and Green:

    Senate Bill No. 4--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. 5--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, Plymale, McCabe and Green:

    Senate Bill No. 6--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 Senators Jenkins, Barnes, McCabe, Cole and Carmichael:

    Senate Bill No. 7--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 electing Justices of the Supreme Court of Appeals on a nonpartisan basis; establishing the timing and frequency of election; setting forth the ballot design and printing; requiring the election of Justices of the Supreme Court of Appeals be separate from a partisan ballot; filing the announcement of candidacies; permitting withdrawal of announcement of candidacies; refunding paid filing fees; and setting forth the ballot content and form.

    Referred to the Committee on the Judiciary.

    By Senators Jenkins and Fitzsimmons:

    Senate Bill No. 8--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 McCabe:

    Senate Bill No. 9--A Bill to amend and reenact §33-6A-1 of the Code of West Virginia, 1931, as amended, relating to automobile liability insurance policies; cancellation prohibited except for specified reasons; and providing for nonrenewal for failure of consideration.

    Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

    By Senators Jenkins and Plymale:

    Senate Bill No. 10--A Bill to amend and reenact §30-3-14 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-4-21 of said code; and to amend and reenact §30-14-12a of said code, all relating to the Board of Medicine, Board of Dental Examiners and the Board of Osteopathy; and permitting the boards to independently initiate disciplinary proceedings in certain circumstances.

    Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

    By Senators Stollings, Jenkins and Beach:

    Senate Bill No. 11--A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60A-2-204, §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212 of said code, all relating generally to schedules of controlled substances; modifying and including definitions; and updating West Virginia schedules of controlled substances to include certain substances found in the federal schedules of controlled substances.

    Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

    By Senators M. Hall, Barnes and McCabe:

    Senate Bill No. 12--A Bill to amend and reenact §23-4-2 of the Code of West Virginia, 1931, as amended, relating to disbursement where injury is self inflicted or intentionally caused by the employer.

    Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

    By Senators M. Hall, Blair, Sypolt and Carmichael:

    Senate Bill No. 13--A Bill to amend and reenact §3-1-34 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17B-2-1 of said code, all relating to voting procedures; presentation of documentation identifying the voter to one of the poll clerks; providing for the casting of a provisional ballot by a person without adequate proof of identification; providing for the issuance of identification cards; and requiring the state to provide the same free of charge to any qualified voter.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senator Nohe:

    Senate Bill No. 14--A Bill to amend and reenact §22-15A-4 of the Code of West Virginia, 1931, as amended, relating to requiring the Secretary of the Department of Environmental Protection to propose rules for legislative approval to implement procedures under which county commissions and municipal governments are granted a limited exemption from certain litter provisions to undertake timely and efficient removal or burning of litter, trash and debris resulting from storms and other weather-related events causing extensive property damage.

    Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.

    By Senator Green:

    Senate Bill No. 15--A Bill to amend and reenact §5-10-48 of the Code of West Virginia, 1931, as amended, relating to reemployment after retirement from the Public Employees Retirement System; and requiring cooperation and information sharing among the State Auditor, the Consolidated Public Retirement Board, the State Department of Administration, employers participating in the Public Employees Retirement System and contractors providing services to the state.

    Referred to the Committee on Pensions; and then to the Committee on Finance.

    By Senators Green and Miller:

    Senate Bill No. 16--A Bill to amend and reenact §16-5-21 of the Code of West Virginia, 1931, as amended, relating to fetal death reporting; permitting a birth certificate to be issued upon the death of a human embryo or fetus; setting forth what a certificate of birth resulting in stillbirth is to contain; establishing when a human being is live born; requiring a fetal death certificate be issued; defining terms; authorizing rulemaking; and creating the Grieving Parents Act.

    Referred to the Committee on the Judiciary.

    By Senators Williams and Beach:

    Senate Bill No. 17--A Bill to amend and reenact §11-15-3c of the Code of West Virginia, 1931, as amended, relating to the taxing of utility terrain vehicles; making an exception for vehicles used for agricultural purposes; and defining “utility terrain vehicles” as motor vehicles.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.

    By Senators Jenkins and McCabe:

    Senate Bill No. 18--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 the Judiciary; and then to the Committee on Finance.

    By Senators Jenkins and Plymale:

    Senate Bill No. 19--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; limiting the credit to $600; and granting rule-making authority.

    Referred to the Committee on Finance.

    By Senator Jenkins:

    Senate Bill No. 20--A Bill to amend and reenact §23-2-1 of the Code of West Virginia, 1931, as amended, relating to exempting a taxicab company from being required to subscribe to or pay into the Workers’ Compensation Fund if it has a liability insurance policy approved by the Insurance Commissioner; and setting forth other conditions.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Stollings, Jenkins and Kessler (Mr. President):

    Senate Bill No. 21--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4, §16-1C-5, §16-1C-6 and §16-1C-7, all relating generally to requiring health care providers to wear identification badges; setting forth legislative findings and purpose; providing definitions; establishing identification badge requirement; setting forth exemptions; addressing enforcement; providing for applicability; and granting rule-making authority.

    Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.

    By Senators Stollings, Jenkins, Kessler (Mr. President), Miller and Beach:

    Senate Bill No. 22--A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-15-4k; to amend said code by adding thereto a new section, designated §33-16-3w; to amend and reenact §33-16E-2 of said code; to amend said code by adding thereto a new section, designated §33-24-7l; to amend said code by adding thereto a new section, designated §33-25-8i; and to amend said code by adding thereto a new section, designated §33-25A-8k, all relating generally to requiring health insurance coverage of maternity and contraceptive services in certain circumstances; providing maternity and contraceptive services for all individuals participating in or receiving insurance coverage under a health insurance policy if those services are covered under the policy; excluding certain drugs and devices from the definition of “contraceptives”; modifying required benefits for public employees insurance, accident and sickness insurance, group accident and sickness insurance, hospital medical and dental corporations, health care corporations and health maintenance organizations; and providing exceptions to the extent that required benefits exceed the essential health benefits specified under the Patient Protection and Affordable Care Act.

    Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.

    By Senators Stollings, Jenkins, Laird, Kessler (Mr. President), Miller and Beach:

    Senate Bill No. 23--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-45-1, §16-45-2, §16-45-3, §16-45-4 and §16-45-5, all relating generally to the administration of epinephrine in emergency situations; authorizing certain individuals to obtain a prescription for epinephrine, purchase epinephrine and administer epinephrine in emergency situations; development and approval of certain training programs relating to the administration of epinephrine in emergency situations; granting rule-making authority; addressing applicability of article; and providing for limitations on civil and criminal liability.

    Referred to the Committee on Health and Human Resources.

    By Senators Stollings, Jenkins, Barnes, Cole and Carmichael:

    Senate Bill No. 24--A Bill to amend and reenact §16-5C-15 of the Code of West Virginia, 1931, as amended, relating to clarifying that actions brought for damages for injuries suffered in a nursing home are subject to the same liability limitations as other medical professional liability actions.

    Referred to the Committee on the Judiciary.

    By Senators Stollings and Jenkins:

    Senate Bill No. 25--A Bill to amend and reenact §27-5-11 of the Code of West Virginia, 1931, as amended, relating to modified mental hygiene procedures; deleting the termination date of the modified mental hygiene procedures pilot project; authorizing additional programs throughout the state; and continuing the pilot project as a permanent program.

    Referred to the Committee on the Judiciary.

    By Senators Stollings and Yost:

    Senate Bill No. 26--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-4k; to amend said code by adding thereto a new section, designated §33-16-3w; to amend said code by adding thereto a new section, designated §33-24-7l; to amend said code by adding thereto a new section, designated §33-25-8i; and to amend said code by adding thereto a new section, designated §33-25A-8k, all relating generally to requiring health insurance coverage of hearing aids for individuals under eighteen years of age; providing for an effective date for coverage; providing definitions; setting age limitations; providing for coverage limits and time frames; and modifying required benefits for accident and sickness insurance, group accident and sickness insurance, hospital medical and dental corporations, health care corporations and health maintenance organizations.

    Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.

    By Senators Stollings, Jenkins, Laird and Kessler (Mr. President):

    Senate Bill No. 27--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-4C-24, relating generally to allowing State Police, police, sheriffs and fire and emergency service personnel to possess Naloxone or other approved opioid antagonist to administer in opioid drug overdoses; defining terms; providing for training; establishing training requirements for first responders who may administer opioid antagonists; establishing criteria under which a first responder may administer an opioid antagonist; granting immunity to health care providers who prescribe, dispense or distribute Naloxone or other approved opioid antagonist related to a training program; granting immunity to initial responders who administer or fail to administer an opioid antagonist; providing for data gathering and reporting; and authorizing emergency rulemaking.

    Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

    By Senator Green:

    Senate Bill No. 28--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 tattoo studio business; prohibiting minors under the age of sixteen from obtaining a tattoo; requiring that 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 criminal penalties.

    Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

    By Senators Stollings, Jenkins, Laird, Plymale and Miller:

    Senate Bill No. 29--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j; and to amend said code by adding thereto a new section, designated §11-24-25, all relating to providing a tax incentive to dental practitioners to perform dental services at no cost to indigent patients as defined in these sections.

    Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.

    By Senators Stollings, Jenkins, Laird and Miller:

    Senate Bill No. 30--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-12a, relating to the Department of Health and Human Resources and Medicaid; and requiring the coverage by Medicaid of dental services for the mother of a child who is the recipient of Medicaid services.

    Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.

    By Senators Stollings, Laird, Miller and Carmichael:

    Senate Bill No. 31--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C-3-1a, relating to providing a loan forgiveness program for dentists and hygienists.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senator Stollings:

    Senate Bill No. 32--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 Jenkins, Fitzsimmons, Sypolt and Williams:

    Senate Bill No. 33--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to personal income tax; adjusted gross income of resident individual; and exempting all military retirement income from state income tax.

    Referred to the Committee on Military; and then to the Committee on Finance.

    By Senators Jenkins and McCabe:

    Senate Bill No. 34--A Bill to amend and reenact §33-6D-1, §33-6D-2 and §33-6D-3 of the Code of West Virginia, 1931, as amended, all relating to use of particular companies or locations providing automobile glass replacement or repair services; adding third-party administrators to those who may not require particular companies or locations when a claim is made under an insurance policy; adding third-party administrators to the list of insurers, agents and adjusters; providing that an insurer or third-party administrator that has a financial interest in an automobile glass company on a recommendation list must disclose that fact on the list of names of automobile glass companies or locations that are reasonably close and convenient to the insured or claimant; and providing that the list must contain at least two different automobile glass companies.

    Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

    By Senators Williams and Sypolt:

    Senate Bill No. 35--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 Plymale and McCabe:

    Senate Bill No. 36--A Bill to amend and reenact §18-2-23a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18-2-39; and to amend and reenact §18-2E-5 of said code, all relating to college and career readiness; requiring the State Board of Education, the Higher Education Policy Commission and the Council for Community and Technical College Education to collaborate in adopting uniform and specific college- and career-readiness standards for English/language arts and math; setting forth methods for determining whether students have met the college- and career- readiness standards; requiring that an explicit focus be embedded in each course on the development of English/language arts and math skills; requiring a twelfth-grade transitional course for both English/language arts and math for students not on track to be college ready; requiring professional development on teaching the college- and career-readiness standards be included in the state board’s goals for professional staff development and ultimately in its Master Plan for Professional Staff Development; requiring the state board to require all teacher preparation programs to include appropriate training for teachers teaching in at least grades eight through twelve on how to teach the adopted standards; requiring the use of certain assessments or exams, as applicable, to determine whether a student is to enroll in a remedial course or be placed immediately in a college-level introductory course; requiring accountability for increasing the percentage of students who meet the standards and for increasing the percentage of students who are making adequate progress toward meeting the standards; and deleting the requirement that a school or school system that achieves adequate yearly progress is eligible for no less than full accreditation or approval status as applicable.

    Referred to the Committee on Education.

    By Senators Plymale, Jenkins and Stollings:

    Senate Bill No. 37--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 Global 21 Middle School 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 Senator Jenkins:

    Senate Bill No. 38--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 projects; setting forth the content of an application for a community school; requiring a written agreement between a county board and the community school board; providing exemption from public schools facility rules; providing for enrollment; providing for school staff and students; requiring a county board of education to fund each community school in its county; providing for the transportation of students; establishing 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 Senators Jenkins, Stollings, Kessler (Mr. President), Sypolt, McCabe, Williams, Cole and Carmichael:

    Senate Bill No. 39--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 Stollings, Jenkins and Miller:

    Senate Bill No. 40--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-4F-1, §16-4F-2, §16-4F-3, §16-4F-4 and §16-4F-5; to amend and reenact §30-3-14 and §30-3-16 of said code; to amend and reenact §30-7-15a of said code; to amend and reenact §30-14-11 of said code; and to amend and reenact §30-14A-1 of said code, all relating to treatment for a sexually transmitted disease; defining terms; permitting prescribing of antibiotics to sexual partners of a patient without a prior examination of the partner; requiring patient counseling; establishing counseling criteria; requiring information materials be prepared by the Department of Health and Human Resources; providing limited liability for providing expedited partnership therapy; requiring legislative rules regarding what is considered a sexually transmitted disease; and providing that physicians, physician assistants and advanced nurse practitioners are not subject to disciplinary action for providing treatment in an expedited partnership setting.

    Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

    By Senator Barnes:

    Senate Bill No. 41--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 Senators Barnes and Williams:

    Senate Bill No. 42--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 Barnes, Blair and Walters:

    Senate Bill No. 43--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 Senator Barnes:

    Senate Bill No. 44--A Bill to amend and reenact §18A-2-9 of the Code of West Virginia, 1931, as amended, relating to school personnel; and requiring the employment of assistant principals at schools with enrollments of three hundred fifty or more students.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senator Barnes:

    Senate Bill No. 45--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17B-2-6a, relating to providing a religious exemption to the collection of Social Security numbers and information usable with biometric information when issuing driver’s licenses; and rule-making authority.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.

    By Senator Barnes:

    Senate Bill No. 46--A Bill to amend and reenact §8-10-2 of the Code of West Virginia, 1931, as amended, relating to decreasing the number of jurors on a municipal jury in criminal matters from twelve to six.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Williams, Miller, Sypolt and Beach:

    Senate Bill No. 47--A Bill to repeal §19-18-4, §19-18-5, §19-18-6, §19-18-7, §19-18-8, §19-18-9, §19-18-10, §19-18-11 and §19-18-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §19-18-1, §19-18-2 and §19-18-3 of said code, all relating to providing a general livestock trespass law; prohibiting livestock from trespassing; clarifying damages that may be recovered; permitting containment of livestock; requiring owner of trespassing livestock be notified; requiring containment costs be negotiated; permitting containment costs to be recovered in court; permitting the sheriff to take possession of unclaimed livestock; permitting unclaimed livestock be sold at auction; setting forth how the proceeds of a livestock sale shall be distributed; and establishing misdemeanor penalties.

    Referred to the Committee on Agriculture and Rural Development; and then to the Committee on the Judiciary.

    By Senator Barnes:

    Senate Bill No. 48--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 Blair:

    Senate Bill No. 49--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 Senators Plymale, Jenkins, Stollings and McCabe:

    Senate Bill No. 50--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-21-1, §31-21-2, §31-21-3, §31-21-4, §31-21-5, §31-21-6, §31-21-7, §31-21-8, §31-21-9, §31-21-10, §31-21-11, §31-21-12, §31-21-13, §31-21-14, §31-21-15, §31-21-16, §31-21-17, §31-21-18 and §31-21-19, all relating to creating the nonprofit West Virginia Land Stewardship Corporation Act; making findings, declaring policy and stating its purpose; establishing a land bank program; defining terms; enumerating powers; establishing a board of directors; setting forth responsibilities; providing for underwriting; establishing a state certified sites program; setting forth minimum standards; preserving property values; providing for contaminated property; providing for conflicts of interest; providing a nonwaiver of sovereign immunity; collectively addressing several environmental and economic development programs established to promote the productive reuse of idled and underutilized commercial, industrial and mining properties; supporting more efficient use of existing public infrastructure; encouraging increased job creation with living wages, renewed community vitality and tax revenue generation while protecting public health and natural resources; and providing that obligations of the corporation are not those of the state.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Jenkins and Barnes:

    Senate Bill No. 51--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-8i, relating to nursing education faculty; defining terms; creating a tax credit from the personal income tax to encourage nurse faculty to remain in West Virginia; and assigning powers and duties to the State Tax Commissioner.

    Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.

    By Senators Plymale, Jenkins and Stollings:

    Senate Bill No. 52--A Bill to repeal §18B-16-7, §18B-16-8 and §18B-16-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-16-1, §18B-16-2, §18B-16-3, §18B-16-4, §18B-16-5 and §18B-16-6 of said code, all relating to continuing the Rural Health Initiative; setting forth legislative findings, purpose and definitions; discontinuing the Rural Health Advisory Committee and assigning certain of its duties to the Vice Chancellor for Health Sciences; deleting the requirement for creation of primary health care education sites; clarifying certain funding mechanisms and audit and reporting requirements; strengthening accountability measures; updating names; making technical corrections; and deleting obsolete language.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senator Tucker:

    Senate Bill No. 53--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.

    By Senator Jenkins:

    Senate Bill No. 54--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 an associate’s degree or greater to serve; providing exceptions to education requirements; providing internal operative date; clarifying training requirements; and deleting antiquated provisions.

    Referred to the Committee on the Judiciary.

    By Senators Sypolt, McCabe and Carmichael:

    Senate Bill No. 55--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 Government Organization; and then to the Committee on Finance.

    By Senators Sypolt, Blair, Cole and Carmichael:

    Senate Bill No. 56--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 Tucker:

    Senate Bill No. 57--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-10-3, relating to fees and other moneys collected at state institutions of higher education; and providing that the children of graduates of West Virginia institutions shall qualify for resident tuition rates.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senator Tucker:

    Senate Bill No. 58--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-2E-1, relating to compelling the Division of Highways to build a four-lane highway between Chelyan, West Virginia, and Montgomery, West Virginia, named the Lou Tabit Freeway; and time frame for let to contract and contract.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.

    By Senators Tucker and Beach:

    Senate Bill No. 59--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-42z, relating to creating a hunting license permitting crossbow hunting; and providing rule-making authority.

    Referred to the Committee on Natural Resources; and then to the Committee on Finance.

    By Senators Tucker and Fitzsimmons:

    Senate Bill No. 60--A Bill to amend and reenact §48-25-101 of the Code of West Virginia, 1931, as amended, relating to the name change publication requirement.

    Referred to the Committee on the Judiciary.

    By Senator Sypolt:

    Senate Bill No. 61--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 Rural Development; and then to the Committee on Finance.

    By Senators Sypolt, Barnes and Walters:

    Senate Bill No. 62--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 from one hundred fifty percent or less of the federal poverty guideline to three hundred 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 Sypolt and Miller:

    Senate Bill No. 63--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 Senators Sypolt and Blair:

    Senate Bill No. 64--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 Senators Tucker, Miller, Sypolt and Williams:

    Senate Bill No. 65--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §20-7-1 of said code, all relating to pension benefits exempt from state income taxation; and including Division of Natural Resources police into the class of law-enforcement officers exempted.

    Referred to the Committee on Pensions; and then to the Committee on Finance.

    By Senator Sypolt:

    Senate Bill No. 66--A Bill to amend and reenact §18-2C-3 of the Code of West Virginia, 1931, as amended, relating to removing the requirement that schools input data into the West Virginia Education Information System; and stylistic changes.

    Referred to the Committee on Education; and then to the Committee on the Judiciary.

    By Senator Sypolt:

    Senate Bill No. 67--A Bill to amend and reenact §8-15-11 and §8-15-22 of the Code of West Virginia, 1931, as amended, all relating to reinstating former fire chiefs to previously held positions of paid fire departments following expired terms as chief; and providing for appointment of deputy chiefs of fire departments.

    Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

    By Senators Sypolt, D. Hall and Williams:

    Senate Bill No. 68--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.

    By Senators Edgell and Jenkins:

    Senate Bill No. 69--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 Senator Miller:

    Senate Bill No. 70--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 authorizing the Secretary of State to dissolve corporate entities or revoke their certificates of authority if their professional licenses have been revoked or are in default with the Bureau of Employment Programs.

    Referred to the Committee on the Judiciary.

    By Senators Sypolt, McCabe and Williams:

    Senate Bill No. 71--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; and amending the centerline method of description to include width.

    Referred to the Committee on the Judiciary.

    By Senator Miller:

    Senate Bill No. 72--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, §61-14-10, §61-14-11, §61-14-12, §61-14-13, §61-14-14, §61-14-15, §61-14-16, §61-14-17, §61-14-18, §61-14-19, §61-14-20, §61-14-21 and §61-14-22, all relating to establishment of the West Virginia Criminal and Civil Forfeiture Act; establishing civil and criminal forfeiture proceedings pertaining to property and assets used in, acquired, gained or flowing from various criminal activities and juvenile offenses; providing definitions; statement of purpose of forfeitures; identifying property subject to forfeiture; establishing exemptions; providing the state with provisional title to property subject to forfeiture; establishing procedures for seizure of property; establishing protections for innocent third-party owners and interest holders; establishing a procedure for processing uncontested forfeitures; establishing general procedures for challenging and evaluating forfeiture procedures; providing for the filing and processing of petitions for in rem forfeiture proceedings; providing for the filing and processing and establishing related procedures for in personam forfeiture proceedings; allowing additional procedures applicable in criminal and civil proceedings in which forfeiture of property is sought; allowing for forfeiture of and execution on substitute property under certain conditions; allowing for release of seized property upon provision of adequate security bond or deposit; providing certain exceptions and limitations; establishing procedures for forfeiture; establishing burdens of proof; providing for the seizure and disposition of forfeited and other property; civil forfeiture action and pretrial hardship release; establishing the crime of interference with or diminishing forfeitable property; providing right to trial by jury; creating standards and procedures for care of property in law-enforcement custody; providing provisions for the sale of forfeited property; prioritizing and directing the application of proceeds and forfeiture funds; providing exceptions; and criminal penalties.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Edgell, Jenkins, Yost, Fitzsimmons and Beach:

    Senate Bill No. 73--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to establishing criminal penalties for failure to report a missing child by the child’s custodian.

    Referred to the Committee on the Judiciary.

    By Senator Sypolt:

    Senate Bill No. 74--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, perjury or false swearing.

    Referred to the Committee on the Judiciary.

    By Senators Facemire, Jenkins, Barnes, Kessler (Mr. President), Unger, Snyder, Miller, Sypolt, Williams, Green and Plymale:

    Senate Bill No. 75--A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as amended, relating to the State Police; and providing civilian employee pay increase.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senator Facemire:

    Senate Bill No. 76--A Bill to amend and reenact §3-1-3a of the Code of West Virginia, 1931, as amended, relating to voting for president and vice president; and permitting voters who have moved to vote for those offices.

    Referred to the Committee on the Judiciary.

    By Senator Facemire:

    Senate Bill No. 77--A Bill to amend and reenact §41-1-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §42-1-1 of said code, all relating to automatic revocation of a will upon legal separation; and excluding from the definition of “surviving spouse”, for purposes of descent and distribution, a person who is a party to a decree of legal separation.

    Referred to the Committee on the Judiciary.

    By Senator Facemire:

    Senate Bill No. 78--A Bill to amend and reenact §48-6-301 of the Code of West Virginia, 1931, as amended, relating to prohibiting the use or consideration of an income-producing asset for spousal support if the asset was the subject of equitable distribution.

    Referred to the Committee on the Judiciary.

    By Senator Edgell:

    Senate Bill No. 79--A Bill to amend and reenact §46A-6-102 of the Code of West Virginia, 1931, as amended; and to amend and reenact §47-10-6a of said code, all relating to prohibiting fractional pricing in the retail sale of gasoline; and defining “fractional pricing” as an unfair or deceptive practice.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.

    By Senator Edgell:

    Senate Bill No. 80--A Bill to amend and reenact §18-5-32 of the Code of West Virginia, 1931, as amended, relating to including substitute teaching in the job duties of certain professional educators employed by county boards of education in certain administrative and supervisory positions.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senators Beach, Kessler (Mr. President), Plymale, McCabe and Williams:

    Senate Bill No. 81--A Bill to amend and reenact §7-22-9 of the Code of West Virginia, 1931, as amended, relating to permitting the Monongalia County Commission to levy a special district excise tax for the benefit of the University Towne Center which comprises approximately six hundred contiguous acres of land.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senators Snyder, Blair and Unger:

    Senate Bill No. 82--A Bill to amend and reenact §16-13A-3 of the Code of West Virginia, 1931, as amended, relating to requiring a public service board to have at least one rate-paying residential customer of the public service district on its board membership.

    Referred to the Committee on Government Organization.

    By Senator Beach:

    Senate Bill No. 83--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 Senator Tucker:

    Senate Bill No. 84--A Bill to amend and reenact §46A-3-109a of the Code of West Virginia, 1931, as amended, relating to collateral protection insurance.

    Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

    By Senators Sypolt and Barnes:

    Senate Bill No. 85--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. 86--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 Senators Sypolt and Williams:

    Senate Bill No. 87--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 Green, Miller, Sypolt and McCabe:

    Senate Bill No. 88--A Bill to amend and reenact §3-8-2 of the Code of West Virginia, 1931, as amended, relating to regulation and control of elections; and prohibiting fundraising by members of the Legislature during the sixty-day period of the regular session.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Walters and Blair:

    Senate Bill No. 89--A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended, relating to the state public health system; proposal of rules by the secretary; and mandating requiring the installation of water-free urinals in public rest areas, institutions and schools.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senators Miller, Jenkins, Yost, Unger, Fitzsimmons and Beach:

    Senate Bill No. 90--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 and cause 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 Walters:

    Senate Bill No. 91--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1-5b, relating to the creation of a pilot program for middle schools to incorporate the Khan Academy method of teaching mathematics in the classroom.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senator Cann:

    Senate Bill No. 92--A Bill to amend and reenact §18C-7-3 of the Code of West Virginia, 1931, as amended, relating to including Salem International University as an eligible institution and modifying provisions regarding the higher education institutions that are eligible to continue to receive PROMISE scholarship funds.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senators Cann and Beach:

    Senate Bill No. 93--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2F-1a; and to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-5, §16-2F-6, §16-2F-8 and §16-2F-9 of said code, all relating to parental notification requirements for abortions performed on unemancipated minors; providing that the circuit and family court have concurrent jurisdiction; providing that a physician may only perform a nonmedical emergency abortion if there is proof the woman is over eighteen, a court has issued an order authorizing the abortion or has parental consent if she is an unemancipated minor; requiring records be kept; requiring an affidavit be executed; requiring parental notification; setting forth specifics of the notice; defining terms; providing for a waiver; requiring notice to minors of a right to petition the court; allowing for appeal by the unemancipated minor to circuit court if matter is initially heard in family court; specifying that certain orders are not appealable; mandating that the Supreme Court of Appeals make available a form petition for the use of unemancipated minors seeking relief; requiring physicians to file reports to the Department of Health and Human Resources; setting forth what those reports are to contain; providing remedies; specifying when notice is not required; providing that court proceedings are confidential; providing civil and criminal penalties; authorizing rulemaking; and providing for severability.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senator Cann:

    Senate Bill No. 94--A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931, as amended, relating to providing salary increases for mathematics and science teachers in grades seven though twelve; providing a salary increase for reading specialists; and requiring those individuals to hold full state certification to teach those subjects.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senators Cann, Plymale and Williams:

    Senate Bill No. 95--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13H-1 and §11-13H-2, all relating to providing a business and occupation tax credit to electric power generators for use of coal mined in West Virginia by small mining operations.

    Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.

    By Senators Cann and Williams:

    Senate Bill No. 96--A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended, relating to adding veterans of the conflicts in Granada, El Salvador, Somalia, Afghanistan, Iraq and the Panama Canal to those veterans who are eligible for military service credit for public employees retirement benefit purposes; defining terms; and modifying the definition of a term.

    Referred to the Committee on Pensions; and then to the Committee on Finance.

    By Senator Cann:

    Senate Bill No. 97--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; and enacting the College Graduate Tax Credit.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senators Cann, Stollings, McCabe, Williams and Green:

    Senate Bill No. 98--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-11C-1, §18B-11C-2, §18B-11C-3, §18B-11C-4 and §18B-11C-5, all relating to the creation of the Shale Research, Education, Policy and Economic Development Center at West Virginia University.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senator Cann:

    Senate Bill No. 99--A Bill to amend and reenact §11-3-1 of the Code of West Virginia, 1931, as amended, relating to prohibiting increases in the assessed value of real property located in counties where a maximum excess levy is in effect, the property has not changed in tax classification and the increased value is more than two percent over the assessed value of the same property for the previous year.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senator Laird, Miller and Williams:

    Senate Bill No. 100--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-14-16a; to amend said code by adding thereto a new section, designated §8-14-3a; and to amend and reenact §15-2-10 of said code, all relating to requiring law-enforcement officers to wear certain armored vests when feasible; requiring county sheriffs to create a policy regarding the mandatory use of certain armored vests; requiring municipal police chiefs to create a policy regarding the mandatory use of certain armored vests; and requiring the Superintendent of the West Virginia State Police to create a policy regarding the mandatory use of certain armored vests.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators McCabe, Cann, Miller, Jenkins and Barnes:

    Senate Bill No. 101--A Bill to amend and reenact §16-5C-15 of the Code of West Virginia, 1931, as amended, relating to clarifying that actions brought for damages for injuries suffered in a nursing home are subject to the same liability limitations as other medical professional liability actions.

    Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

    By Senators Snyder and Plymale:

    Senate Bill No. 102--A Bill to amend and reenact §24-2-2 of the Code of West Virginia, 1931, as amended, relating generally to the power of the Public Service Commission to regulate public utilities; and authorizing the Public Service Commission to promulgate rules establishing requirements for capacity improvement fees.

    Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

    By Senators Snyder, Miller and Beach:

    Senate Bill No. 103--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, §29-18A-3, §29-18A-4 and §29-18A-5, all relating to creating the West Virginia Commuter Rail Access Act; definitions; agreement with other states requirement; verifications; and authorizing a tax credit to the railroad in lieu of payment of track access fees commencing July 1, 2014.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.

    By Senators Laird, Stollings, Kessler (Mr. President), Miller and Fitzsimmons:

    Senate Bill No. 104--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j, relating to creating a West Virginia personal income tax modification reducing federal adjusted gross income for persons who choose to spay or neuter their pets.

    Referred to the Committee on Agriculture and Rural Development; and then to the Committee on Finance.

    By Senators Tucker, Fitzsimmons, Williams and Beach:

    Senate Bill No. 105--A Bill to amend and reenact §48-22-501 of the Code of West Virginia, 1931, as amended, relating to waiving the filing fee upon the filing of a petition for adoption in cases in which the Department of Health and Human Resources is the payor for attorney fees of the petitioner.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators McCabe, Miller, Cann, Jenkins, Laird, Stollings and Beach:

    Senate Bill No. 106--A Bill to amend and reenact §16-5P-15 of the Code of West Virginia, 1931, as amended, relating to senior services; the in-home care registry; eliminating the requirement of a rule-established fee schedule; and permitting the Bureau of Senior Services to determine whether an applicant needs to obtain a state or federal criminal background check.

    Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

    By Senators Laird and Miller:

    Senate Bill No. 107--A Bill to amend and reenact §29A-5-1 of the Code of West Virginia, 1931, as amended, relating to providing that hearing examiners conducting state agency administrative hearings be selected from a panel of five hearing examiners by a process in which the state agency first strikes two hearing examiners and the respondent subsequently strikes two hearing examiners.

    Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

    By Senators Laird, Stollings, Jenkins, Plymale and Miller:

    Senate Bill No. 108--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-12A-1, §61-12A-2, §61-12A-3, §61-12A-4, §61-12A-5 and §61-12A-6, all relating to the creation of the Unintentional Pharmaceutical Drug Overdose Fatality Review Team under the Office of the Chief Medical Examiner; setting forth legislative findings; setting forth membership of the team and terms of office; setting forth responsibilities of the team; providing for certain actions the team may not take in exercising its duties; providing for an annual report to the Governor and Legislature and its contents; providing for confidentiality of the team’s proceedings, records and opinions; setting forth record-keeping requirements; authorizing access to certain records; requiring other state and local agencies to cooperate with the team; and granting rule-making authority.

    Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.

    By Senators Beach and Williams:

    Senate Bill No. 109--A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as amended, relating to increasing the number of magistrates in Monongalia County by two.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Palumbo, Jenkins and McCabe:

    Senate Bill No. 110--A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-3-1 of said code, all relating to limiting the amount a property reappraisal can increase over the previous amount; and clarifying that the limitation does not apply to natural resources property.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Unger, Jenkins, Laird and McCabe:

    Senate Bill No. 111--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-36a; and to amend said code by adding thereto a new section, designated §18-20-1e, all relating to defining “dyslexia”; establishing a dyslexia screening and intervention pilot project; and establishing a dyslexia teacher training pilot program.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senators Laird, Miller and Beach:

    Senate Bill No. 112--A Bill to repeal §17B-3-3c of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §17B-3-14; and to amend and reenact §17B-4-3 of said code, all relating to the suspension or revocation of driver’s licenses; making legislative findings; establishing a driver’s license restoration program; waiving certain reinstatement requirements to restore driving privileges; reducing the period for suspension upon receipt of notice of driving while suspended for nondriving under the influence offenses; and granting rule-making authority.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.

    By Senators M. Hall, Jenkins, Barnes, Blair and Carmichael:

    Senate Bill No. 113--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §55A-1-1, §55A-1-2, §55A-1-3, §55A-1-4, §55A-2-1, §55A-2-2, §55A-2-3, §55A-2-4, §55A-2-5, §55A-2-6, §55A-2-7, §55A-2-8, §55A-2-9, §55A-3-1, §55A-3-2, §55A-4-1, §55A-4-2, §55A-4-3, §55A-4-4, §55A-4-5, §55A-4-6, §55A-5-1, §55A-5-2, §55A-5-3, §55A-5-4, §55A-5-5, §55A-5-6, §55A-5-7, §55A-5-8, §55A-6-1, §55A-6-2, §55A-6-3, §55A-6-4, §55A-6-5, §55A-7-1, §55A-7-2, §55A-7-3, §55A-7-4, §55A-7-5, §55A-7-6, §55A-7-7, §55A-7-8, §55A-8-1, §55A-8-2, §55A-9-1, §55A-9-2, §55A-10-1, §55A-10-2, §55A-10-3, §55A-11-1, §55A-11-2, §55A-11-3, §55A-11-4, §55A-11-5, §55A-11-6, §55A-11-7, §55A-11-8, §55A-11-9, §55A-11-10, §55A-11-11, §55A-11-12, §55A-12-1, §55A-12-2, §55A-12-3, §55A-12-4, §55A-12-5 and §55A-12-6, all relating to reforming the civil justice system; limiting the amount of recoverable damages; authorizing a new court to be known as the Intermediate Court of Appeals; requiring the court to be operational by January 1, 2015; establishing northern and southern districts; providing three judges for each district; providing a short title; stating legislative findings; excepting certain actions; defining terms; establishing qualifications for judges; establishing jurisdiction of the court; providing for review; providing that Supreme Court will either keep the appeal or transfer it to the Intermediate Court; providing that appeals in certain administrative cases are discretionary; authorizing appeals from Intermediate Court to the Supreme Court; authorizing Governor to make initial appointments by July 1, 2014; creating staggered terms; providing for elections for ten-year terms after initial appointments; authorizing a Chief Judge of the Intermediate Court; authorizing staff for the court and the judges; providing for compensation and expenses of judges and staff; providing for temporary assignment of circuit court judges; authorizing the Supreme Court to provide the facilities, furniture, fixtures and equipment for the Intermediate Court; establishing precedential effect of Intermediate Court orders and decisions; providing that the budget of the Intermediate Court will be part of the Supreme Court budget; prohibiting medical monitoring relief absent manifest present injury or disease caused by a defendant; providing for venue reform; relating to the application of the doctrine of forum non conveniens when civil actions have both a resident and nonresident plaintiff; providing for parties to make a motion that a case would more properly be heard in a forum outside this state; providing for statute of limitations expiring in the alternative forum while the claim is pending in this state; providing for proper dismissal of an action for forum non conveniens purposes; providing for application to class representatives; requiring courts granting motions to stay or dismissal actions for forum non conveniens purposes to set forth specific findings of fact and conclusions of law; providing standards to determine the competency of expert witnesses; providing standards for opinion testimony by lay witnesses; providing standards of admission for expert witness testimony; requiring a basis for expert witness testimony; barring certain types of expert witness testimony; mandating pretrial hearings and disclosures of expert testimony; providing for the interpretation of the competency of expert witnesses; establishing a standard of review; establishing when punitive damages may be recovered; providing maximum amounts which may be awarded on multiple punitive damages awards for the same course of conduct; providing for the bifurcation of a civil action in which punitive damages are sought when requested by a defendant; stating the conditions under which punitive damages may be assessed against a principal or employer for an act of an agent or employee and against an association, limited liability entity or partnership for the acts of a member or partner; predicating actions for damages upon principles of comparative fault; establishing the comparative fault standard; abolishing joint liability and implementing several liability; establishing how to consider the fault of nonparties; establishing how to consider the fault of, and the amounts paid by, settling parties; providing for the use of special interrogatories; clarifying fault may be imputed to another person who was acting as an agent or servant of another; allowing the assessment of a percentage of fault for failing to take reasonable precautionary measures that were available; precluding the allocation of fault to a person such as a seller, distributor or installer on a strict product liability theory where that person did not contribute to the alleged defect; providing for the burden of proof and limitations; providing for immunity of premises owners from civil liability in certain circumstances; reducing damage awards by collateral source payments; providing how damage reductions shall be determined; stating the effects of such determinations upon the trial; providing a “losers pay” provision; providing a statute of repose; establishing a general eighteen-year warranty for products’ liability actions and an exception for cases where there is an express warranty for more than eighteen years; providing that noneconomic damages are recoverable in actions where damages were authorized at the time this bill became law; providing maximum amounts that may be recovered for noneconomic losses based on physical injury and nonphysical injury; providing for costs by a nonprevailing party; establishing a procedure for recovery of attorney’s fees; providing courts may take judicial notice of the usual and customary attorney’s fees; providing for the liability of attorneys; providing for the applicability of other law; requiring the West Virginia Supreme Court adopt rules to implement this chapter; providing for repeal of conflicting laws; providing for applicability and severability of this chapter; clarifying no additional cause of action is created by this chapter; and providing this chapter becomes effective immediately upon passage by the Legislature and approval by the Governor.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senator Miller:

    Senate Bill No. 114--A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to requirements for employment of nurses in public schools; changing the student-school nurse staffing ratio; expanding its coverage to all grades; and eliminating a county's ability to obtain contract services for nursing.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senator Stollings:

    Senate Bill No. 115--A Bill to amend and reenact §19-23-2, §19-23-4, §19-23-6, §19-23-9, §19-23-10, §19-23-12a, §19-23-12b, §19-23-12c, §19-23-13b and §19-23-13c of the Code of West Virginia, 1931, as amended, all relating to horse and dog racing generally; requiring licensees to provide preferential treatment to certain trainers; setting forth the criteria for receiving preferential treatment; increasing the size of the West Virginia Racing Commission by two members; setting forth qualifications; authorizing the commission to adjudicate certain disputes; authorizing the commission to approve or reject certain racing associations’ house rules; authorizing the commission to regulate stall allocation criteria; requiring thoroughbred licensees to pay three percent of paid purses to the local Horseman’s Benevolent and Protective Association; requiring greyhound licensees to pay one percent of paid purses to the local West Virginia Greyhound Owners and Breeders Association; granting all greyhound owners and breeders of certain greyhounds full voting membership in the West Virginia Greyhound Owners and Breeders Association; requiring dog racing associations to provide certain indoor facilities and handicap access at racetracks; requiring ninety percent of the deposits into the Greyhound Breeding Development Fund each year be used to fund supplemental purse awards, stakes races and training track facilities; requiring ten percent of the deposits into the Greyhound Breeding Development Fund each year be used to fund greyhound adoption programs, including spaying and neutering; requiring the commission to provide accounting statements to greyhound owners; requiring the West Virginia Lottery Commission to assist the Racing Commission in providing a detailed statement of racetrack video lottery distributions into the West Virginia Greyhound Breeding Development Fund; setting forth the contents of those statements; providing that any year-end balance in the Greyhound Breeding Development Fund be distributed to owners and breeders of West Virginia whelped greyhounds on a pro rata basis; requiring a monthly minimum of $22,000 be taken from the West Virginia Greyhound Breeding Development Fund to fund stake races; establishing the values of certain open stake races and juvenile stake races for greyhounds; providing that up to three percent of payment applications deposited in the West Virginia Greyhound Breeding Development Fund be used for greyhound programs; permitting a representative of a majority of the owners and breeders at the dog racetrack to contract with legal wagering entities to accept wagers on races; requiring dog racetrack licensees pay six percent of the net simulcast income to the West Virginia Greyhound Breeding Development Fund; requiring the dog racing association to deposit three percent of the total wagering handle on all imported simulcast race signals into track purse accounts; requiring dog racetracks to pay seven and one-half percent of the signal transmission fee into the West Virginia Breeding Development Fund; permitting the full year-end balance in breeders/raisers, sire owners and purse supplement funds to revert into the Thoroughbred Development Fund for distribution to racing associations and licensees instead of first being used to fund certain races; providing for additional horse races; providing that certain horse racing wins will not be considered for certain open races eligibility; authorizing an annual $400,000 expenditure from the West Virginia Racing Commission Racetrack Video Lottery Account be used for purses in a newly created West Virginia Greyhound Challenge Stakes Race; decreasing the amount of certain funds available for capital improvements at dog racetracks; decreasing the amount of certain funds paid into the West Virginia Racing Commission-Special Account-West Virginia Greyhound Breeding Development Fund; using certain funds to fund the West Virginia Greyhound Challenge Stakes Race; decreasing the amount of certain funds available for capital improvements at horse racetracks; requiring certain funds be deposited into the West Virginia Racing Commission Special Account-Unredeemed Pari-Mutuel Tickets; authorizing rulemaking; and updating language.

    Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

    By Senators Jenkins and McCabe:

    Senate Bill No. 116--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-59, relating to crimes against property involving graffiti; defining offenses and a term; establishing misdemeanor and felony criminal penalties; providing for mandatory court-approved community service; permitting court-ordered restitution; providing for suspension of driver’s license in certain circumstances; providing that if an offender does not have a driver’s license that person may be temporarily prohibited from applying for one; providing that affected property owners may institute a civil action to recover damages in an amount up to three times the loss or the cost of restoration, attorneys’ fees and costs; and providing that civil liability is not precluded by criminal penalties.

    Referred to the Committee on the Judiciary.

    By Senator Jenkins:

    Senate Bill No. 117--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-11a, relating to creating a criminal offense of possession of burglar’s tools; and establishing penalties.

    Referred to the Committee on the Judiciary.

    By Senators Jenkins, Fitzsimmons, McCabe and Williams:

    Senate Bill No. 118--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to issue a special I Support Veterans license plate; and establishing fees.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.

    By Senator Miller:

    Senate Bill No. 119--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36-3-8a, relating to permitting a surface owner to have the right of first refusal to purchase a mineral estate beneath the surface when the mineral owner offers the mineral estate for sale.

    Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.

    By Senators Miller and Laird:

    Senate Bill No. 120--A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931, as amended, relating to issuance of a barrister’s certificate to teach course-specific curricula in West Virginia public schools.

    Referred to the Committee on Education.

    By Senator Miller:

    Senate Bill No. 121--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-9A-4, relating to the funding of civil legal services to low-income persons.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Miller and McCabe:

    Senate Bill No. 122--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 Miller and Beach:

    Senate Bill No. 123--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 to allow the operation of low-speed vehicles on roads in municipalities where the speed limit is not more than thirty-five miles per hour.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.

    By Senators Miller, Laird, Fitzsimmons and Walters:

    Senate Bill No. 124--A Bill to amend and reenact §29-21-13a of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-6-2 of said code, all relating to the compensation and expenses for attorneys appointed by circuit courts in child abuse and neglect proceedings.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Beach, Prezioso, Kessler (Mr. President), Unger, Sypolt, Snyder, Yost, Stollings, Williams, Edgell, Miller, Kirkendoll, Plymale and McCabe:

    Senate Bill No. 125--A Bill to amend and reenact §7-22-9 of the Code of West Virginia, 1931, as amended, relating to permitting the Monongalia County Commission to levy a special district excise tax.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senators Unger, Kessler (Mr. President), Miller, Williams, Boley and Beach:

    Senate Bill No. 126--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, 2017; and requiring members of the West Virginia State Police to receive a $580 salary increase at the beginning of their first year of service.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senators Unger, Williams 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 §24-2-9a, relating to requiring the Public Service Commission to analyze and annually report to the Legislature on the availability of broadband markets in the state; and setting forth what the reports must contain.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.

    By Senators Unger and Beach:

    Senate Bill No. 128--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 Palumbo, McCabe, Beach and Green:

    Senate Bill No. 129--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 Unger and Fitzsimmons:

    Senate Bill No. 130--A Bill to amend and reenact §3-2-6 of the Code of West Virginia, 1931, as amended, relating to lengthening the period for voter registration; permitting registration during early voting at the county clerk’s office; permitting persons to register and vote on the same day during the early voting period; and prohibiting persons from changing party affiliation during the early voting period preceding a primary election.

    Referred to the Committee on the Judiciary.

    By Senators Unger and Williams:

    Senate Bill No. 131--A Bill to amend and reenact §15-1B-26 of the Code of West Virginia, 1931, as amended, relating to retaining current West Virginia National Guard firefighters; and allowing certain National Guard firefighters to become civilian firefighters with the West Virginia National Guard.

    Referred to the Committee on Military; and then to the Committee on Finance.

    By Senators Unger, Barnes, Kessler (Mr. President) and Williams:

    Senate Bill No. 132--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 Government Organization; and then to the Committee on Finance.

    By Senators Yost, Unger and Fitzsimmons:

    Senate Bill No. 133--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, Unger, Fitzsimmons and Miller:

    Senate Bill No. 134--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 Senator Yost:

    Senate Bill No. 135--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-29, relating to the creation of an Equal Pay Coordinator within the Division of Personnel to ensure pay equity among state employees; making legislative findings; providing qualifications for the position; providing powers and duties of coordinator; providing for the development of a strategic plan to ensure pay equity in state government; authorizing other agencies to share necessary information with the coordinator; and providing rule-making authority.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senator Yost:

    Senate Bill No. 136--A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to the appointment and salary of the Executive Director of the Women’s Commission.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senators Yost and Fitzsimmons:

    Senate Bill No. 137--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-5a; to amend and reenact §15-2-10 of said code; to amend said code by adding thereto a new section, designated §18-2-23b; and to amend and reenact §18B-5-4 of said code, all relating to requiring all uniforms purchased by the state to be used or worn by employees of the state, including State Police officers, State Board of Education employees and employees of state institutions of higher education, to be manufactured in the United States; and providing an effective date.

    Referred to the Committee on Labor; and then to the Committee on Finance.

    By Senator Yost:

    Senate Bill No. 138--A Bill to amend and reenact §11A-1-9 of the Code of West Virginia, 1931, as amended, relating to a coowner of real property becoming sole owner when he or she pays all of the property taxes on the real property for a minimum of five years.

    Referred to the Committee on the Judiciary.

    By Senator Yost:

    Senate Bill No. 139--A Bill to amend and reenact §61-3-51 of the Code of West Virginia, 1931, as amended, relating to requiring sellers of precious metals and gems to provide photo identification to dealers; requiring the dealers to submit information on precious metal transactions to the State Police; requiring the State Police to create a database of the transactions that is accessible to all law-enforcement agencies; and establishing criminal penalties.

    Referred to the Committee on the Judiciary.

    By Senators Yost and Fitzsimmons:

    Senate Bill No. 140--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 reserves to obtain free hunting and fishing licenses while serving in the West Virginia National Guard or its reserves and upon full retirement licenses for life.

    Referred to the Committee on Natural Resources; and then to the Committee on Finance.

    By Senators Unger and Kessler (Mr. President):

    Senate Bill No. 141--A Bill to amend and reenact §11-22-2 of the Code of West Virginia, 1931, as amended, relating to redistributing an existing excise tax paid upon the transfer of real property so that the tax is paid to the county where the property is situate instead of to the state; requiring counties to dedicate this excise tax to support regional jails and substance abuse programs; providing this be accomplished incrementally over a five-year period; and making stylistic changes.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senators Walters, Blair and Carmichael:

    Senate Bill No. 142--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3pp; to amend and reenact §8-12-5 of said code; and to amend and reenact §17-2A-8 of said code, all relating to authorizing the construction of improvements of streets, alleys, sidewalks, roads and highways by private investors in the state, counties and municipalities; permitting advertising by the private investors of the improvements; providing that the rates for the advertisements are to be determined by the Commissioner of Highways, the county commission and the municipality, respectively, for the various improvements; and requiring that money received from advertising sponsorship by private investors for improvements of state roads and highways be deposited in the State Road Fund.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.

    By Senator Sypolt:

    Senate Joint Resolution No. 1--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 Senators Sypolt, Blair, Jenkins and Unger:

    Senate Joint Resolution No. 2--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 Senators Sypolt and Blair:

    Senate Joint Resolution No. 3--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. 4--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.

    Senators Unger, Kessler (Mr. President), Jenkins, Laird, Edgell, Stollings, Kirkendoll, Miller, McCabe and Beach offered the following resolution:

    Senate Resolution No. 6--Creating a Select Committee on Children and Poverty for the eighty-first Legislature.

    Resolved by the Senate:

    That for a period of time not to exceed the term of the eighty-first Legislature there is hereby created a Senate Select Committee on Children and Poverty. This committee shall consist of the following eleven members: the Chairman of the Committee on Finance; Chairman of the Committee on the Judiciary; Chairman of the Committee on Health and Human Resources; Chairman of the Committee on Education; and seven members to be appointed by the President; and, be it

    Further Resolved, That, notwithstanding the provisions of any Senate rule to the contrary, this committee shall have jurisdiction of legislative proposals regarding children and poverty and related issues as the President may deem appropriate: Provided, That reference of a bill to the Select Committee on Children and Poverty does not preclude a standing committee of the Senate from consideration of legislation addressing the same subject within its jurisdiction. The rules of the Senate governing standing committees shall govern the actions and proceedings of this committee insofar as applicable; and, be it

    Further Resolved, That the Senate hereby authorizes the Select Committee on Children and Poverty to meet and be paid during the interim meetings scheduled for the eighty-first Legislature; and, be it

    Further Resolved, That the Select Committee on Children and Poverty meet at other times and locations to be determined by the chairman, subject to the approval of the President of the Senate; and, be it

    Further Resolved, That the members and staff of the Select Committee on Children and Poverty are hereby authorized to receive payment of travel expenses.

    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.

    Senators Stollings, Laird, Jenkins, Snyder, Miller, D. Hall, Sypolt, Kirkendoll, McCabe, Beach and Williams offered the following resolution:

    Senate Resolution No. 7--Designating February 13, 2013, as “West Virginia Nurses Unity Day”.

    Whereas, One in forty-three West Virginians is a nurse; and

    Whereas, Nurses make a significant contribution of time, energy, heart and care toward the healing of our residents who are ill and suffering; and

    Whereas, Nurses are powerful advocates for the health and well-being of all West Virginians, providing education, screening, nursing intervention, evaluation and research to improve the health of West Virginia residents throughout the life span from pre-birth to the end of life; and

    Whereas, Nurses meet the health needs of West Virginians not only in hospitals and long-term care facilities, but conveniently in their homes, at school, at work, at church, in community health centers, on the phone and on the internet; and

    Whereas, The Institute of Medicine recognizes nurses as key to solving our current rising cost of chronic illness through their expanding leadership as coordinators and collaborators of interdisciplinary health care teams; and

    Whereas, The expanding roles of Advanced Practice Registered Nurses as Nurse Anesthetists, Nurse Midwives and Certified Nurse Practitioners in a variety of specialties provide improved cost-effective access to health services in our rural state; and

    Whereas, The American public has voted to acknowledge nurses as the most trusted professionals for twelve years; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates February 13, 2013, as “West Virginia Nurses Unity Day”; and, be it

    Further Resolved, That we hereby recognize and applaud the outstanding contributions made by all of our West Virginia nurses to the health, welfare and safety of our state and all of its citizens; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of West Virginia Nurses Unity Day.

    At the request of Senator Stollings, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

    On motion of Senator Unger, the Senate recessed for one minute.

    Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

Petitions

    Senator Kessler (Mr. President) presented a petition from Marilyn Carter and numerous West Virginia residents, supporting grandparent visitation rights.

    Referred to the Committee on the Judiciary.

    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. 3, 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.

    The message further announced the appointment of the following committee on the part of the House of Delegates:

    Delegates Campbell, Marcum and Westfall.

    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, Edgell and M. Hall.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    Senator Kessler (Mr. President) announced appointment of the standing committees of the Senate for this eighty-first 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

2013

__________

AGRICULTURE AND RURAL DEVELOPMENT

    Senators Miller (Chair), Williams (Vice Chair), Beach, Cann, Cookman, D. Hall, Laird, Tucker, Carmichael, Nohe and Sypolt.

BANKING AND INSURANCE

    Senators Tucker (Chair), Fitzsimmons (Vice Chair), Chafin, Facemire, Green, D. Hall, Jenkins, McCabe, Palumbo, Prezioso, M. Hall, Nohe and Walters.

CONFIRMATIONS

    Senators Green (Chair), Facemire (Vice Chair), Chafin, Miller, Plymale, Snyder, Yost, Cole and Sypolt.

ECONOMIC DEVELOPMENT

    Senators Williams (Chair), Cann (Vice Chair), Beach, Cookman, Kirkendoll, McCabe, Prezioso, Snyder, Stollings, Wells, Barnes, Blair, Sypolt and Walters.

EDUCATION

    Senators Plymale (Chair), Wells (Vice Chair), Beach, Chafin, Edgell, D. Hall, Laird, Stollings, Tucker, Unger, Barnes, Boley, Carmichael and Cole.

ENERGY, INDUSTRY AND MINING

    Senators Facemire (Chair), Kirkendoll (Vice Chair), Beach, Cann, Green, Jenkins, Plymale, Snyder, Stollings, Yost, Barnes, Nohe and Sypolt.

FINANCE

    Senators Prezioso (Chair), Facemire (Vice Chair), Chafin, Edgell, Green, Laird, McCabe, Plymale, Stollings, Unger, Wells, Yost, Barnes, Blair, Boley, M. Hall and Sypolt.

GOVERNMENT ORGANIZATION

    Senators Snyder (Chair), Miller (Vice Chair), Cann, Cookman, Fitzsimmons, Green, Jenkins, Kirkendoll, Williams, Yost, Blair, Boley, Cole and Sypolt.

HEALTH AND HUMAN RESOURCES

    Senators Stollings (Chair), Jenkins (Vice Chair), Kirkendoll, Laird, Miller, Palumbo, Plymale, Prezioso, Tucker, Yost, Boley, M. Hall and Walters.

INTERSTATE COOPERATION

    Senators Kirkendoll (Chair), Cookman (Vice Chair), D. Hall, Palumbo, Wells, Blair and Nohe.

JUDICIARY

    Senators Palumbo (Chair), Tucker (Vice Chair), Beach, Cann, Cookman, Fitzsimmons, D. Hall, Jenkins, Kirkendoll, Miller, Snyder, Unger, Williams, Carmichael, Cole, Nohe and Walters.

LABOR

    Senators Yost (Chair), D. Hall (Vice Chair), Chafin, Facemire, Fitzsimmons, McCabe, Miller, Wells, Barnes, Blair and Walters.

MILITARY

    Senators Wells (Chair), Yost (Vice Chair), Edgell, Fitzsimmons, Jenkins, Laird, Tucker, Boley and Carmichael.

NATURAL RESOURCES

    Senators Laird (Chair), Edgell (Vice Chair), Beach, Cookman, Facemire, Green, McCabe, Prezioso, Snyder, Williams, M. Hall, Nohe and Walters.

PENSIONS

    Senators Jenkins (Chair), McCabe (Vice Chair), Cann, Chafin, Edgell, Carmichael and M. Hall.

RULES

    Senators Kessler (Chair), Edgell, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Barnes, Boley and M. Hall.

TRANSPORTATION AND INFRASTRUCTURE

    Senators Beach (Chair), Kirkendoll (Vice Chair), Facemire, Fitzsimmons, McCabe, Plymale, Williams, Barnes and Cole.__________

JOINT COMMITTEES

__________

ENROLLED BILLS

    Senators Cookman (Chair), Edgell, Fitzsimmons, Palumbo and Cole.

__________

    The President then announced the appointment of Senator Unger, of the County of Berkeley, as majority leader of the Senate;

    Senator M. Hall, of the County of Putnam, as minority leader of the Senate;

    Senator Laird, of the County of Fayette, as the majority whip of the Senate;

    Senator Barnes, of the County of Randolph, as minority whip of the Senate;

    And,

    Senator Edgell, of the County of Wetzel, as President pro Tempore of the Senate.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate recessed until 6:45 p.m. today.

    Upon expiration of the recess, the Senate reconvened.

    The hour of 7 p.m. having arrived, that being the time set for the joint assembly to hear the address of His Excellency, the Governor, the Senate recessed until ten minutes after adjournment of the joint assembly. Members of the Senate then repaired in a body to the hall of the House of Delegates.

***

    (NOTE: For formal procedure in the joint assembly and the address of His Excellency, the Governor, the Honorable 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

February 13, 2013

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, 2013.

                             Sincerely,

                               Earl Ray Tomblin,

                                 Governor.

    Subsequently, Senator Kessler (Mr. President) laid before the Senate the aforementioned annual budget bill,

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 143--A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.

    Which was read by its title and referred to the Committee on Finance.

    On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, February 14, 2013, at 11 a.m.

____________

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