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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

TWENTY-THIRD DAY

____________

Charleston, W. Va., Thursday, February 2, 2012

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend David W. Johns, Winfield Baptist Church, Winfield, West Virginia.

    Pending the reading of the Journal of Wednesday, February 1, 2012,

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

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

    The Senate then proceeded to the third order of business.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

    Senate Concurrent Resolution No. 1, Requesting DOH name bridge in Mingo County "Brittany Nicole Dentro Memorial Bridge".

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

    Com. Sub. for Senate Concurrent Resolution No. 2, Requesting DOH name bridge in Monongalia County "Colonel Zackquill Morgan Memorial Bridge".

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

    Senate Concurrent Resolution No. 7, Requesting DOH name bridge in Clendenin, Kanawha County, "Smith Brothers Memorial Bridge".

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4046--A Bill to repeal §16-1-16 of the Code of West Virginia, 1931, as amended; to amend and reenact §5A-1-11 of said code; to amend and reenact §9-2-1a of said code; to amend and reenact §18-10A-2 of said code; to amend and reenact §19-1-3a of said code; to amend and reenact §22C-12-6 of said code; to amend and reenact §24A-1A-2 of said code; and to amend and reenact §47A-1-1 of said code, all relating to removing obsolete code provisions.

    Referred to the Committee on Government Organization.

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4062--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5P-15, relating to establishing an in-home care registry; defining terms; requiring the Bureau of Senior Services to develop and maintain the registry; providing legislative rule-making authority to the bureau; and specifying certain requirements to be provided in the legislative rule.

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

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. House Bill No. 4103--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17A-2B-1, §17A-2B-2 and §17A-2B-3, all relating to consolidation of government services and enforcement of laws pertaining to the motor carrier industry; stating legislative findings and purpose; designating the Division of Motor Vehicles as the lead agency to develop a plan for the consolidation; and requiring the division to report its plan and recommendations for consolidation to the Joint Committee on Government and Finance.

    Referred to the Committee on the Judiciary.

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4125--A Bill to amend and reenact §18-9F-9 of the Code of West Virginia, 1931, as amended, relating to synchronizing the requirement for schools to send notices to parents and guardians about the school’s crisis response plan and their ability to review a redacted copy with the requirements for filing the plan with the county board.

    Referred to the Committee on Education.

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. House Bill No. 4291--A Bill to amend and reenact §51-8-8 of the Code of West Virginia, 1931, as amended, relating to county law libraries operated by the Supreme Court of Appeals.

    Referred to the Committee on the Judiciary.

    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. 2––Requesting that bridge number 23-119/5-3.24 on County Route 119/5 in Logan County, West Virginia, be named the “PVT Ervin L. Arnold Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    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––Requesting that bridge number 23-44-9.12 on Route 44 in Logan County, West Virginia, be named the “Warrant Officer Dale Shaheen Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of

    House Concurrent Resolution No. 4––Requesting the Division of Highways to name bridge number 23-119/05-3.56 on Pine Creek Road, in Logan County, West Virginia, the “Gordon M. Sorrell Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    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. 5––Requesting the Division of Highways to name County Route 119/05, Pine Creek Road, located in Logan County, West Virginia, the “Adkins Brothers Memorial Road”.

    Referred to the Committee on Transportation and Infrastructure.

    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. 11––Requesting the Division of Highways to name the first bridge, number 23-16/1-0.01, in Accoville Hollow of Buffalo Creek Road on Route 16, Logan County, West Virginia, the “Cpl. Druey L. Hatfield Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    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. 12––Requesting the Division of Highways to name bridge number 23-16-5.11, on Buffalo Creek Road, Route 16, at the east end of Proctor Bottom Rd., Amherstdale, Logan County, West Virginia, the “Cpl. Robert F. Lohr Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    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. 13––Requesting that bridge number 23-10-21.79 over the Guyandotte River on Route 10 in Logan County, West Virginia, be named the “Reverend Glenn White Jr. Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    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. 14––Requesting the Division of Highways to name the bridge on State Route 73, over Cherrytree Hill Road in Mt. Gay, Logan County, bridge number 23-73-2.31, the “LCPL Danny M. Greene Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    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. 17––Requesting the Division of Highways to name the bridge on Buffalo Creek Road in Logan County, bridge number 23-16/6-0.01, the “Chester William Fields Sr. Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    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. 25––Requesting the Division of Highways to name bridge number 20-79/3-13.30, crossing Cabin Creek on County Route 79/3, Kanawha County, the “Samuel L. ‘Monty’ Shelton Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    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. 27––Including West Virginia Route 80 in Mingo County as a Blue Star Memorial Highway.

    Referred to the Committee on Transportation and Infrastructure.

    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. 31––Requesting the Division of Highways name bridge number 30-52-17.40, located in Mingo County, the “GMGC Bobby Lee Jarrell United States Navy Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    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. 41––Requesting the Division of Highways to name the bridge located at the intersection of County Highway 41 and Turkey Creek Road in Wilsondale, Wayne County, West Virginia, specifically bridge number 50-41/1-0.01, the “Sgt. Dewey Marcum Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    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. 42––Requesting that bridge number 50-17-0.05 on County Route 17 near Wayne in Wayne County, West Virginia, be named the “Staff Sergeant Sidney H. Blankenship Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the fourth order of business.

    Senator Yost, from the Committee on Labor, submitted the following report, which was received:

    Your Committee on Labor has had under consideration

    Senate Bill No. 153, Increasing tax credits for apprenticeship training in construction trades.

    And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.

                             Respectfully submitted,

                               Jack Yost,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Finance.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 191, Creating protection orders for nonfamily or nonhousehold members.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 191 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §53-8-1, §53-8-2, §53-8-3, §53-8-4, §53-8-5, §53-8-6, §53-8-7, §53-8-8, §53-8-9, §53-8-10, §53-8-11, §53-8-12, §53-8-13, §53-8-14, §53-8-15, §53-8-16, §53-8-17 and §53-8-18, all relating to personal safety orders; confidentiality of proceedings; who may file a petition; contents of petition; temporary hearing and relief available; contents of temporary order; respondent’s opportunity to be heard; notice to respondent; final hearing and forms of relief; modification and rescission; appeals; criminal penalties; priority of petitions; fees and costs; service by law enforcement; rules and forms; limitation on use of information; immunity from liability; and the sealing of records.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 222, Creating criminal offense for interfering with emergency service call.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 222 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-5-17a, relating to making it a criminal offense for any person to intentionally interfere with or prevent an individual from calling for the assistance of emergency service personnel; defining terms; and establishing penalties.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Senate Bill No. 229, Authorizing Commissioner of Agriculture promulgate legislative rule relating to labeling of certain honey.

    And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Senate Bill No. 263, Authorizing Board of Registration for Foresters promulgate legislative rule relating to fees schedule.

    And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Senate Bill No. 265, Authorizing Division of Forestry promulgate legislative rule relating to sediment control during commercial timber-harvesting operations--licensing.

    With an amendment from the Committee on Agriculture pending;

    And,

    Senate Bill No. 266, Authorizing Division of Forestry promulgate legislative rule relating to sediment control during commercial timber-harvesting operations--logger certification.

    With an amendment from the Committee on Agriculture pending;

    And reports the same back with the recommendation that they each do pass as amended by the Committee on Agriculture to which the bill was first referred; but under the original triple committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    The bills, under the original triple committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Agriculture pending.

    Senator Yost, from the Committee on Labor, submitted the following report, which was received:

    Your Committee on Labor has had under consideration

    Senate Bill No. 293, Authorizing Division of Labor promulgate legislative rule relating to Amusement Rides and Amusement Attractions Safety Act.

    And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Jack Yost,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 309, Authorizing Board of Osteopathy promulgate legislative rule relating to physician licensing procedures.

    And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary.

    Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:

    Your Committee on Natural Resources has had under consideration

    Senate Bill No. 362, Authorizing bond issuance for Cacapon Resort State Park and Beech Fork State Park capital improvements.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 362 (originating in the Committee on Natural Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-18e; to amend and reenact §31-15-16a of said code; and to amend said code by adding thereto a new section, designated §31-15-16b, all relating to authorizing the issuance of $52.5 million in bonds for capital improvements for Cacapon Resort State Park and Beech Fork State Park beginning in fiscal year 2013; providing that the debt service on the bonds is payable from an additional $3 million allocation to the State Park Improvement Fund from the State Excess Lottery Revenue Fund; and providing that the Economic Development Authority may issue the bonds.

    With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.

                             Respectfully submitted,

                               William R. Laird IV,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 362), under the original double committee reference, was then referred to the Committee on Finance.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 373, Providing State Police collect fee for advanced training.

    And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Finance.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 418, Relating to qualifications of Parole Board members.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 418 (originating in the Committee on Government Organization)--A Bill to amend and reenact §62-12-12 of the Code of West Virginia, 1931, as amended, relating to qualification of members of the Parole Board.

    With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 418), under the original double committee reference, was then referred to the Committee on the Judiciary.

    The Senate proceeded to the sixth order of business.

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

    By Senators Kessler (Mr. President), Klempa and Yost:

    Senate Bill No. 482--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 a former fire chief of fire department to previously held position within the paid fire department following expiration of term as chief; and providing for appointment of deputy chief of fire department.

    Referred to the Committee on Government Organization.

    By Senators Kessler (Mr. President), Palumbo, Unger, Laird, Williams, Snyder, Tucker, Browning, Wills, Edgell, Foster, Klempa, Chafin, Sypolt, Plymale and Yost:

    Senate Bill No. 483--A Bill to amend and reenact §50-1-3, §50-1-8, §50-1-9 and §50-1-9a of the Code of West Virginia, 1931, as amended, all relating to equally compensating all state magistrates, magistrate assistants, magistrate court clerks and magistrate court deputy clerks.

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

    By Senators Palumbo, Laird, Tucker, Edgell, Wills, Wells, Kessler (Mr. President), Klempa, Jenkins, Beach and Yost:

    Senate Bill No. 484--A Bill to repeal §49-5-21 of the Code of West Virginia, 1931, as amended; to repeal §49-6-5a of said code; to amend and reenact §49-1-3 of said code; to amend and reenact §49-5-13 of said code; to amend and reenact §49-5D-3 and §49-5D-3a of said code; to amend said code by adding thereto two new sections, designated §49-5D-3b and §49-5D-3c; to amend and reenact §49-6-2, §49-6-3, §49-6-5, §49-6-6, §49-6-8 and §49-6-12 of said code; to amend said code by adding thereto a new section, designated §49-6-9a; to amend and reenact §49-6D-3 of said code; to amend and reenact §49-7-1 of said code; and to amend said code by adding thereto a new section, designated §49-7-36, all relating to child welfare; defining “court appointed special advocate program”; providing when a juvenile is ordered into out-of-state placement, the reasons why the juvenile was not placed in-state be included in the court order; providing a process for multidisciplinary treatment planning in cases involving child abuse and neglect; providing a process for multidisciplinary treatment planning in cases involving status offense or delinquency; increasing the continuing education hours required for attorneys appointed in child abuse and neglect cases; providing that reasonable efforts to preserve the family are not required when a person is required by state or federal law to register with a sex offender registry; providing that the court may modify a dispositional order when it finds a material change of circumstances has occurred and such modification is in the child’s best interests; clarifying that the circuit court of origin has exclusive jurisdiction over placement of a child in a child abuse and neglect case; providing a process for permanency hearings and permanent placement reviews; authorizing family court to order a child be taken into emergency custody under certain circumstances and providing a process for such; providing that any combination of improvement periods cannot cause a child to be in foster care more than fifteen months of the most recent twenty-two months unless the court finds that it is in the child’s best interests; providing guidelines for unified child and family case plans; confidentiality of records; and requiring a quarterly status review hearing and yearly permanency hearings for transitioning adults.

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

    By Senators Wells, Kessler (Mr. President), D. Facemire, Edgell, Fanning, Foster, Helmick, Jenkins, Klempa, Snyder, Yost, Unger, Williams and Beach:

    Senate Bill No. 485--A Bill to amend and reenact §4-2-5 of the Code of West Virginia, 1931, as amended, relating to creation of a Fiscal and Policy Division under the Joint Committee on Government and Finance.

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

    By Senators Palumbo, Tucker, Laird, Edgell, Foster, Wills, Kessler (Mr. President) and Klempa:

    Senate Bill No. 486--A Bill to amend and reenact §51-9-4, §51-9-6, §51-9-6a and §51-9-6b of the Code of West Virginia, 1931, as amended, all relating to the judicial retirement system; adjusting the contribution rate of judges; eliminating contribution requirement for judges who are fully vested and eligible for retirement; and increasing benefits for certain judges of record and their annuitants.

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

    By Senators Browning, Kessler (Mr. President), Klempa, Chafin and Beach:

    Senate Bill No. 487--A Bill to amend and reenact §11-13A-20a of the Code of West Virginia, 1931, as amended, relating to the distribution of coalbed methane gas severance tax; establishing the Coalbed Methane Gas Distribution Fund in the State Treasurer’s Office; making technical changes to correct subdivision references; correcting the omission of the term “county economic development corporation”; authorizing the Tax Commissioner to deposit coalbed methane severance tax moneys into the Coalbed Methane Gas Distribution Fund; directing the State Treasurer to distribute coalbed methane severance tax moneys to counties; authorizing distribution of moneys to the lead economic development authority or corporation for the county and designation thereof; authorizing distribution by the State Treasurer of accumulated moneys from fiscal years 2009, 2010, 2011 and 2012 to the lead economic development authority or corporation for the county and designation thereof; specifying the permissible uses of Coalbed Methane Gas Distribution Fund moneys received by county economic development authorities and corporations; eliminating the requirement of Development Office approval for use of funds; and creating a reporting mechanism for accounting and use of Coalbed Methane Gas Distribution Fund moneys.

    Referred to the Committee on Economic Development; and then to the Committee on Finance.

    By Senators K. Facemyer and Browning:

    Senate Bill No. 488--A Bill to amend and reenact §5-10-22k of the Code of West Virginia, 1931, as amended, relating to a one-time bonus to certain annuitants of the Public Employees Retirement System.

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

    By Senators Kessler (Mr. President), Plymale, Klempa and Yost:

    Senate Bill No. 489--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-11a, relating to preventing taxpayer subsidization of health insurance covering elective abortions; prohibiting all qualified health plans offered through a state exchange from including abortion coverage except to prevent the death of the mother; preventing all other health plans, including health insurance contracts, plans or policies, offered outside of the exchange, but within the state, from providing coverage for elective abortions except by optional separate supplemental coverage for abortion; and providing a severability clause.

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

    By Senators D. Facemire and Beach:

    Senate Bill No. 490--A Bill to amend and reenact §47-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto five new sections, designated §47-2-14a, §47-2-14b, §47-2-14c, §47-2-14d and §47-2-14e, all relating to making trademark counterfeiting a crime; establishing the elements of the crime; establishing the different degrees of violation; establishing penalties; providing exceptions to those penalties; and defining a term.

    Referred to the Committee on the Judiciary.

    By Senators Sypolt (By Request), Williams and Beach:

    Senate Bill No. 491--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-19, relating to powers and duties of the Public Service Commission; and providing that the Public Service Commission has the authority and duty to regulate the practices, services and rates of broadband deployment projects.

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

    By Senators Yost and Klempa:

    Senate Bill No. 492--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-11-21; and to amend said code by adding thereto a new section, designated §31-17-21, all relating to requiring residential construction projects to be bonded; setting forth a contractor’s responsibilities; and requiring a lender making a loan for residential construction services to be financially responsible for payment to the contractor and any subcontractors who provide those services and to suppliers of materials used in the construction.

    Referred to the Committee on the Judiciary.

    By Senators Snyder, Beach and Palumbo:

    Senate Bill No. 493--A Bill to amend and reenact §17C-15-36a of the Code of West Virginia, 1931, as amended, relating to exempting unmarked law-enforcement vehicles primarily used for covert or undercover enforcement from sun-screening restrictions.

    Referred to the Committee on Transportation and Infrastructure.

    By Senators D. Facemire, Unger, Miller and Klempa:

    Senate Bill No. 494--A Bill to amend and reenact §3-1-3a of the Code of West Virginia, 1931, as amended, relating to the provision of a ballot for the Office of President and Vice President for registered voters moving from the state during the thirty days immediately preceding the election for that office.

    Referred to the Committee on the Judiciary.

    By Senators Beach, D. Facemire, Miller and Kirkendoll:

    Senate Bill No. 495--A Bill to amend and reenact §22-18-17 of the Code of West Virginia, 1931, as amended, relating to the settlement of violations of the Hazardous Waste Management Act by consent agreement as an alternative to instituting a civil action in the circuit courts of the state.

    Referred to the Committee on the Judiciary.

    By Senators Beach, D. Facemire, Kirkendoll and Miller:

    Senate Bill No. 496--A Bill to amend and reenact §22-5-19 of the Code of West Virginia, 1931, as amended, relating to the Department of Environmental Protection’s requirements to inventory emissions of greenhouse gases; eliminating unneeded provisions; and allowing reporting of greenhouse gases under the United States Environmental Protection Agency's Mandatory Reporting of Greenhouse Gases Rule to satisfy greenhouse gas reporting requirements in West Virginia.

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

    By Senators Beach, D. Facemire, Kirkendoll and Miller:

    Senate Bill No. 497--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-3-33, relating to the award of attorney fees and costs by the Surface Mine Board and courts.

    Referred to the Committee on the Judiciary.

    By Senators Foster and Klempa:

    Senate Bill No. 498--A Bill to amend and reenact §9-6-8 of the Code of West Virginia, 1931, as amended, relating to human services; social services for adults; confidentiality of adult protective services records; and providing exceptions to confidentiality of those records.

    Referred to the Committee on the Judiciary.

    By Senators Prezioso and Snyder:

    Senate Bill No. 499--A Bill to amend and reenact §5-16-22 of the Code of West Virginia, 1931, as amended, relating to the nonapplicability of chapter thirty-three of this code, regulating insurance, to the Public Employees Insurance Agency.

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

    By Senators Prezioso and Snyder:

    Senate Bill No. 500--A Bill to amend and reenact §5A-7-4a of the Code of West Virginia, 1931, as amended, relating to allowing the Information Services and Communications Division to accumulate invoices for telecommunication services for a state spending unit under $75 and send them to the spending unit in one statement near the end of the fiscal year.

    Referred to the Committee on Government Organization.

    By Senator Stollings:

    Senate Bill No. 501--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 Health and Human Resources; and then to the Committee on Banking and Insurance.

    By Senators Wills, Snyder, Tucker, Yost and Kessler (Mr. President):

    Senate Bill No. 502--A Bill to amend and reenact §33-6-31 of the Code of West Virginia, 1931, as amended, relating to the motor vehicle insurance policy; and removing the fictional defendant from civil litigation involving first-party claims for uninsured and underinsured motorist benefits and identifying the real party in interest.

    Referred to the Committee on the Judiciary.

    By Senators Wills and Yost:

    Senate Bill No. 503--A Bill to amend and reenact §29-12C-1 and §29-12C-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-12D-1 and §29-12D-3 of said code, all relating to payments from the West Virginia Patient Injury Compensation Fund; removing the limitation that damages must be economic; and limiting the amount in any one occurrence to $1 million.

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

    By Senators Wills, Snyder, Tucker and Yost:

    Senate Bill No. 504--A Bill to amend and reenact §55-7B-9 of the Code of West Virginia, 1931, as amended, relating to several liability for health care providers.

    Referred to the Committee on the Judiciary.

    By Senators Wills, Snyder, Tucker, Yost, D. Facemire and Kessler (Mr. President):

    Senate Bill No. 505--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-11-11, relating to unfair trading practices by insurance companies; providing a third-party claimant may collect damages from an insurance company that has intentionally engaged in an unfair trade practice; and setting forth the requirements that must be met before damages may be awarded.

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

    By Senator Browning:

    Senate Bill No. 506--A Bill to amend and reenact §8A-12-4 of the Code of West Virginia, 1931, as amended, relating to farmland protection boards; providing that the executive director of a regional development authority or designee to is to serve on a farmland protection board; and providing an exception to the term of appointment to a farmland protection board for the executive director of a county or regional development authority.

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

    By Senators Palumbo, Wills, Tucker, Edgell, Kessler (Mr. President) and Klempa:

    Senate Bill No. 507--A Bill to amend and reenact §27-4-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §27-5-4 of said code; and to amend and reenact §61-7A-5 of said code, all relating generally to mental health; authorizing parent or guardian to commit a child without his or her consent when child is twelve or older; amending the procedures for petitioning to regain the right to possess firearms so that West Virginia is eligible for federal funding; and stylistic changes.

    Referred to the Committee on the Judiciary.

    Senators Unger, Klempa, Chafin, Foster, Jenkins, Beach, Stollings, Laird and Browning offered the following resolution:

    Senate Resolution No. 21--Expressing support for improvement in the collection, processing and consumption of recyclable materials throughout the State of West Virginia.

    Whereas, Maximizing the recycling economy in the State of West Virginia will create and sustain additional well-paying jobs, further stimulate the economy of the state, save energy, and conserve valuable natural resources; and

    Whereas, Municipal recycling rates in the United States have steadily increased from 6.6 percent in 1970 to 34 percent in 2010; and

    Whereas, Forty-six states, including the State of West Virginia, have laws promoting the recycling of materials that would otherwise be sent to a landfill; and

    Whereas, Recycling stimulates the economy and plays an integral role in sustaining manufacturing in the United States; and

    Whereas, In 2010, the United States recycling industry collected, processed, and consumed over 130 million metric tons of recyclable material, valued at $77 billion; and

    Whereas, In 2010, the recycling industry in the United States sold over 44 million metric tons of commodity grade materials, valued at $30 billion, to over 154 countries; and

    Whereas, Using recycled materials in place of raw materials can result in energy savings of ninety-two percent for aluminum cans, eighty-seven percent for mixed plastics, sixty-three percent for steel cans, forty-five percent for recycled newspaper, and thirty-four percent for recycled glass; and

    Whereas, A 2011 study titled “More Jobs, Less Pollution: Growing the Recycling Economy in the U. S.,” prepared by Tellus Institute, concluded that nearly 1.5 million more recycling jobs would be created if the national recycling rate reached seventy-five percent by 2030. The report also concluded that higher recycling rates produce, in general, 10 to 20 times more jobs than land filling; therefore, be it

    Resolved by the Senate:

    That the Senate expresses support for improvement in the collection, processing and consumption of recyclable materials throughout the State of West Virginia; and, be it

    Further Resolved, That the Senate supports improvement in the collection, processing and consumption of recyclable material throughout the State of West Virginia in order to create well-paying jobs, foster innovation and investment in the state’s recycling infrastructure, and stimulate the economy of the state; and, be it

    Further Resolved, That the Senate expresses support for strengthening the manufacturing base in the State of West Virginia in order to rebuild the domestic economy, which will increase the supply, demand, and consumption of recyclable and recycled materials in the State of West Virginia; and, be it

    Further Resolved, That the Senate expresses support to the West Virginia Public Service Commission and the West Virginia Department of Environmental Protection to permit resource recovery facilities in the state as a means to increase the collection of recyclable materials and the utilization of solid waste as a resource rather than land filling; and, be it

    Further Resolved, That the Senate expresses support for policies in the state that promote recycling of materials and the use of solid waste as a resource rather than sent to a landfill; and, be it

    Further Resolved, That the Senate expresses support for policies in the State of West Virginia that recognize and promote recyclable materials as essential economic commodities, rather than wastes to be land filled; and, be it

    Further Resolved, That the Senate expresses support for new technologies to more efficiently and effectively recycle materials; and, be it

    Further Resolved, That the Senate recognizes that the recycling industry in the State of West Virginia is a manufacturing industry that is critical to the future of the State of West Virginia; and, be it

    Further Resolved, That the Senate expresses support for the participation of households, businesses, waste haulers and governmental entities in the State of West Virginia in recycling and resource recovery programs, where available.

    Which, under the rules, lies over one day.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 15, Requesting DOH name portion of US Rt. 60 in Rainelle, Greenbrier County, "Major Jackie Willard Sanford Street".

    On unfinished business, coming up in regular order, was reported by the Clerk.

    The question being on the adoption of the resolution, the same was put and prevailed.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Senate Concurrent Resolution No. 22, Requesting Joint Committee on Government and Finance study involuntary commitment process.

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary; and then to the Committee on Rules.

    Senate Concurrent Resolution No. 23, Requesting DOH name bridge in Boone County "Sgt. Ollie McComas, Jr., Memorial Bridge".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

    Senate Concurrent Resolution No. 24, Requesting DOH name bridge in Mingo County "Reverend Arnold and Nell Mollette Memorial Bridge".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

    Senate Concurrent Resolution No. 25, Requesting DOH name portion of Rt. 62 in Mason County "1SG Robert Nicholas Barton II Memorial Highway".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the ninth order of business.

    Com. Sub. for Senate Bill No. 360, Granting personal property purchaser at foreclosure sale right of disposal with notice.

    On second reading, coming up in regular order, was reported by the Clerk.

    At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

    Senate Bill No. 470, Requiring medical examination by member's physician for TRS disability annuity.

    On second reading, coming up in regular order, was reported by the Clerk.

    At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

    Th Senate proceeded to the tenth order of business.

    The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

    Com. Sub. for Com. Sub. for Senate Bill No. 211, Creating traffic offenses for texting or using handheld wireless communication device while driving.

    Com. Sub. for Senate Bill No. 429, Relating to motor vehicle classifications.

    Senate Bill No. 436, Facilitating collaboration between public school and higher education systems to promote seamless curricula.

    And,

    Eng. Com. Sub. for House Bill No. 4078, Extending certain deadlines for mandated actions regarding higher education personnel.

    The Senate proceeded to the thirteenth order of business.

    At the request of Senator Snyder, the name of Senator Snyder was removed as a sponsor of Committee Substitute for Senate Bill No. 168 (Increasing compensation of certain county officials).

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, February 3, 2012, at 11 a.m.

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