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Senate Journal


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sdj-41st day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

FORTY-FIRST DAY

____________

Charleston, W. Va., Monday, March 23, 2009

     The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by Pastor Robert Barley, Maple Fork Baptist Church, Maple Fork, West Virginia. Randall Reid-Smith, Commissioner of the Division of Culture and History, then proceeded in the singing of "Ride on, King Jesus" and "Home Among the Hills".
     Pending the reading of the Journal of Friday, March 20, 2009,
     On motion of Senator Plymale, 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.
     Senator Tomblin (Mr. President) presented a communication from the Office of Miners' Health, Safety and Training, submitting its annual report, in accordance with chapter twenty-two-a, article one, section four of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Senate proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2050--A Bill to amend and reenact sections 1, 2 and 3, chapter 232, Acts of the Legislature, regular session, 1997, all relating to expanding the counties covered by West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing the number of members.
     Referred to the Committee on Government Organization.
     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. 2541--A Bill to amend and reenact §19-18-1 of the Code of West Virginia, 1931, as amended, relating to including poultry among those domesticated farm animals or stock for which the owner shall be liable for damages caused by those animals when they enter on the property of another.
     Referred to the Committee on Agriculture; 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. Com. Sub. for House Bill No. 2742--A Bill to repeal §19- 22-1, §19-22-2, §19-22-3, §19-22-4, §19-22-5, §19-22-6 and §19-22-7 of the Code of West Virginia, 1931, as amended, relating to vinegars.
     Referred to the Committee on Agriculture.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2968--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-5c, relating to requiring the State Fire Commission to establish safety standards for liquefied petroleum gas systems.
     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. House Bill No. 3083--A Bill to amend and reenact §16-21-1 of the Code of West Virginia, 1931, as amended, relating to blood donations by persons age sixteen with parental consent.
     At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
     The Senate proceeded to the fourth order of business.
     Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
     Your Committee on Transportation and Infrastructure has had under consideration
     Senate Bill No. 342, Updating requirements for new subdivision highway access.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 342 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17-4-50 of the Code of West Virginia, 1931, as amended, relating to the requirements for new subdivisions in relation to highway access.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               John R. Unger II,
                               Chair.
     The bill (Com. Sub. for S. B. No. 342), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
     Your Committee on Transportation and Infrastructure has had under consideration
     Senate Bill No. 556, Relating to defensive driving course points deduction.
     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,
                               John R. Unger II,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
     Your Committee on Transportation and Infrastructure has had under consideration
     Senate Bill No. 607, Creating Commuter Rail Access 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 Finance.
                              Respectfully submitted,
                               John R. Unger II,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance.
     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 Bowman and Yost:
     Senate Bill No. 663--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-17-14, relating to authorizing the Commissioner of Highways to operate the Market Street Bridge in Brooke County that spans the Ohio River as a toll bridge.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senators Oliverio and Kessler:
     Senate Bill No. 664--A Bill to amend and reenact §30-7-15a and §30-7-15b of the Code of West Virginia, 1931, as amended, all relating to expanding prescriptive authority of advanced nurse practitioners.
     Referred to the Committee on Health and Human Resources.
     By Senators Green, Hall, Kessler, Helmick, Fanning and Chafin:
     Senate Bill No. 665--A Bill to amend and reenact §24-2-3 of the Code of West Virginia, 1931, as amended, relating to the use of reported income tax expenses in setting the rates of certain public utilities.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators McCabe, Guills, Foster, Stollings and Kessler:
     Senate Bill No. 666--A Bill to amend and reenact §8A-5-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-13E-2, §16-13E-4 and §16-13E-7 of said code, as amended; and to amend said code by adding thereto a new section, designated §16- 13E-10a, all relating to community enhancement districts; procedures related to creation or expansion thereof; vesting period for an approved land development plan and plat; and clarifying the applicability of certain statutory provisions to such construction under certain circumstances.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senator Oliverio:
     Senate Bill No. 667--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-6-26, relating to unlawful panhandling and solicitation; exempting fire departments; and providing criminal penalties.
     Referred to the Committee on the Judiciary.
     By Senator Oliverio:
     Senate Bill No. 668--A Bill to amend and reenact §8-14-19 of the Code of West Virginia, 1931, as amended, relating to allowing police officers to run for office except in the municipality where they work.
     Referred to the Committee on the Judiciary.
     By Senators Kessler, Yost, Stollings, Unger and Wells:
     Senate Bill No. 669--A Bill to amend and reenact §16-2J-3 and §16-2J-7 of the Code of West Virginia, 1931, as amended, all relating to extending the Preventative Care Pilot Program (PCPP) for two years under certain conditions; increasing the number of parties the Health Care Authority and the Insurance Commissioner could permit to participate in the PCPP; and providing notice to the parties that prepaid services under the program may not count towards applicable health insurance deductibles.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Banking and Insurance.
     By Senator Kessler:
     Senate Bill No. 670--A Bill to amend and reenact §49-7-33 of the Code of West Virginia, 1931, as amended, relating to the court- ordered payment of medical or socially necessary services for children by the Department of Health and Human Resources; excluding expert fees and expenses associated with testifying; defining medical services and socially necessary services; and establishing a fee schedule for non-Medicaid approved providers.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Kessler and White:
     Senate Bill No. 671--A Bill to amend and reenact §44A-1-7, §44A-1-9, §44A-1-10 and §44A-1-14 of the Code of West Virginia, 1931, as amended; to amend and reenact §44A-2-1, §44A-2-5, §44A-2-6, §44A-2-7, §44A-2-12, §44A-2-13, §44A-2-13a, §44A-2-14 and §44A-2-15 of said code; to amend and reenact §44A-3-11 of said code; and to amend and reenact §44A-4-1 and §44A-4-5 of said code, all relating to the West Virginia Guardianship and Conservatorship Act; clarifying transfer of venue; clarifying the posting of bond by conservators; having the West Virginia Supreme Court of Appeals coordinate education program and update materials and forms; expanding temporary protective orders to include freezing accounts and producing records; setting circuit court filing fee for filing civil action; using additional fee funds for review of reports and accountings by circuit clerk; clarifying who can access case files; clarifying who is responsible for proper service; clarifying duties and fees of appointed counsel; clarifying orders of the court and time of entry; creating a notice of appointment to be filed with the clerk of the county commission; increasing temporary guardianships and conservatorships to six months; clarifying procedure for subsequent petitions; clarifying time frame for reports and accountings; increasing penalties for failure to file reports and accountings; reporting elder abuse; clarifying when appointments terminate; clarifying duties of guardian and conservator subsequent to death of protected person; and making technical corrections.
     Referred to the Committee on the Judiciary.
     By Senators Kessler, Helmick, McCabe, Prezioso, Plymale, Stollings, Jenkins, Minard, Unger and Wells:
     Senate Bill No. 672--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-9-1, §4-9-2 and §4-9-3; and to amend said code by adding thereto a new section, designated §9-2-9a, all relating generally to mental health; creating special Joint Committee on Mental Health; committee's composition and duties; requiring agencies to cooperate with committee; requiring review of mental health rate increases; providing for Mental Health Stabilization Act of 2009; making legislative findings; increasing reimbursement rates in mental health service codes; requiring periodic reports to Joint Committee on Government and Finance; and providing an implementation date and a termination date.
     Referred to the Committee on Finance; and then to the Committee on Rules.
     By Senators Bowman, Yost, Edgell, Snyder, Kessler and Minard:
     Senate Bill No. 673--A Bill to amend and reenact §29-22A-3 of the Code of West Virginia, 1931, as amended, relating to defining the term "promotional credits"; and excluding promotional credits from the definition of "gross terminal income" for video lottery terminal purposes.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Wells, Plymale and McCabe:
     Senate Bill No. 674--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-29, relating to requiring the Director of the Division of Personnel to develop a demographic information survey to be completed by all officers and employees of the state; and providing that completion of the survey is mandatory, but the officers and employees may not be identified.
     Referred to the Committee on Government Organization.
     By Senator Sypolt:
     Senate Bill No. 675--A Bill to amend and reenact §29-22A-3 of the Code of West Virginia, 1931, as amended, relating to definitions applicable to racetrack video lottery; defining "horse rescue league"; authorizing the construction and operation of a pari-mutuel horse racing facility in northeastern West Virginia; designating said facility as a horse-themed park; requiring said facility to have certain amenities; and establishing a date certain for the beginning of construction to maintain licensure.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Minard, Oliverio, Helmick, Jenkins and Unger:
     Senate Bill No. 676--A Bill to amend and reenact §17D-2A-5 of the Code of West Virginia, 1931, as amended, relating to reducing the number of uninsured motor vehicles operating in West Virginia by requiring any motor insurance company licensed by the State of West Virginia to electronically provide daily to the Division of Motor Vehicles a notice of all active motor vehicle insurance policies.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Government Organization.
     By Senators Wells and Kessler:
     Senate Bill No. 677--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31B-3-303a; to amend said code by adding thereto a new section, designated §31D-8-860a; to amend said code by adding thereto a new section, designated §31E-8-813; and to amend said code by adding thereto a new section, designated §47B-3-3a, all relating to requiring any partnership, limited liability company, nonprofit corporation or business corporation conducting business in this state and receiving funds from this state to provide, upon request of any citizen and without charge, the names of its partners, board of directors or whoever is vested with the management of the affairs of the particular entity by whatever name they may be called and the names of the partners, board of directors or whoever is vested with the management of the affairs of the particular entity by whatever name they may be called of its parent organization, if any, as is applicable to the particular entity; and cessation of funding for failure to comply.
     Referred to the Committee on the Judiciary.
     By Senators Browning, McCabe, K. Facemyer, Unger, Helmick, Foster, Stollings, Jenkins and Kessler:
     Senate Bill No. 678--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-6J-1, §11-6J-2, §11-6J-3, §11-6J-4, §11-6J-5 and §11-6J-6; and to amend and reenact §11-15-8d and §11-15-9h of said code, all relating to taxation; providing mandated salvage valuation of certain high-technology businesses' property; specifying short title; providing definition; specifying method for valuation of property; specifying initial determination by county assessor; specifying procedure for protest and appeal; specifying limitations on right to assert exemptions; exempting certain items installed into building or facility for direct use in specified business activity; providing definitions; and specifying effective dates.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Plymale, Jenkins and Kessler:
     Senate Bill No. 679--A Bill to amend and reenact §61-11-6 of the Code of West Virginia, 1931, as amended, relating to making a felony offense the crime of accessory after the fact to a felony; and creating a penalty.
     Referred to the Committee on the Judiciary.
     By Senators Plymale and McCabe:
     Senate Bill No. 680--A Bill to repeal §11-14C-48 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11- 14C-5, relating to establishing the average wholesale price of motor fuel for the 2010 calendar year for purposes of calculating the rate of motor fuel excise tax.
     Referred to the Committee on Finance.
     By Senators Plymale and Jenkins:
     Senate Bill No. 681--A Bill to amend and reenact §61-2-10b and §61-2-14e of the Code of West Virginia, 1931, as amended, all relating to crimes against certain protected persons; providing a mandatory term of ten years' imprisonment for malicious assault on certain individuals and officers; providing that the term of imprisonment for unlawful assault on certain individuals and officers be not less than three to not greater than fifteen years; clarifying the penalty provisions regarding battery and assault on certain individuals and officers; adding specified government officials, representatives and employees to the list of protected officials; and adding aiders and abettors of crimes against certain individuals and officers to those who would be guilty as the principal offender.
     Referred to the Committee on the Judiciary.
     By Senators Plymale and Jenkins:
     Senate Bill No. 682--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-11a; and to amend and reenact §61-3-12 of said code, all relating to the manufacture or possession of burglary tools; penalties; and extending criminal penalties for prohibited entry upon commercial property enclosed by a fence or similar physical barrier.
     Referred to the Committee on the Judiciary.
     By Senator Barnes:
     Senate Bill No. 683--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-5A-3a, relating to authorizing mixed martial arts competitions; and authorizing the State Athletic Commission to propose rules.
     Referred to the Committee on the Judiciary.
     By Senators Bowman (By Request) and Fanning:
     Senate Bill No. 684--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1B-15, relating to timbering operators; requiring repair and restoration of roads; and providing civil and criminal penalties.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senator Oliverio:
     Senate Bill No. 685--A Bill to amend and reenact §9-7-1, §9-7-2, §9-7-3, §9-7-4, §9-7-5, §9-7-6, §9-7-7 and §9-7-8 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §9-7-5a; to amend and reenact §33-41-1, §33-41-2 and §33-41-4 of said code; to amend said code by adding thereto a new section, designated §33-41-4a; and to amend and reenact §33-41-7, §33-41-8 and §33-41-8b of said code, all relating to fraud and associated violations involving Medicaid, insurance and health care; authorizing the Medicaid Fraud Control Unit to investigate certain complaints; defining terms; authorizing the Medicaid Fraud Control Unit to request search warrants and cooperate with law-enforcement agencies; authorizing the Medicaid Fraud Control Unit to receive reports of fraudulent or illegal misconduct; increasing criminal penalties; creating the felony of attempting to cause an unauthorized expenditure from the Medical Services Fund; providing for the seizure and forfeiture of properties belonging to persons convicted of a crime related to state medical services; excluding providers convicted of a crime related to state medical services; setting forth venue rules for criminal and civil state medical programs fraud actions; authorizing the Insurance Fraud Unit to investigate health care fraud; defining terms; authorizing the Insurance Fraud Unit to initiate inquiries and conduct investigations of certain provisions of the code; and allowing authorized persons in the Insurance Fraud Unit to submit complaints to the magistrate regarding violations of certain provisions of the code.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Banking and Insurance.
     By Senators Minard, Oliverio, Helmick and Williams:
     Senate Bill No. 686--A Bill to amend and reenact §17C-6-7a of the Code of West Virginia, 1931, as amended, relating to allowing the West Virginia State Police to use traffic law photo-monitoring devices for verification of security upon a motor vehicle pursuant to the provisions of section one, article two-a, chapter seventeen of said code.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senators Prezioso, Stollings, Foster, Plymale, Unger and Kessler:
     Senate Bill No. 687--A Bill to amend and reenact §16-42-7 of the Code of West Virginia, 1931, as amended, relating to extending the expiration date of the Comprehensive Behavioral Health Commission.
     Referred to the Committee on Government Organization.
     By Senator Green:
     Senate Bill No. 688--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-8a, relating to making it illegal to transport a minor across state lines to obtain an abortion without written consent by both parents; and providing for a misdemeanor penalty.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 689--A Bill to amend and reenact §33-26A-3, §33-26A-5, §33-26A-6, §33-26A-8, §33-26A-9, §33-26A-10 and §33-26A- 18 of the Code of West Virginia, 1931, as amended, all relating to the life and health insurance guaranty association; making specific provision for treatment of unallocated annuity contracts and structured settlement contracts; providing how payments to residents and nonresidents are determined; providing that duplicate payments not be made; excluding certain policies, portions of policies and obligations from coverage; setting new limits on coverage for various types of policies and contracts; defining terms; changing the composition of the annuity and unallocated annuity accounts; eliminating the association's power to make loans to an insolvent insurer and making other changes to its powers and duties; increasing the permissible maximum annual pro rata assessment; setting forth a process for the protest of assessments; mandating that members comply with requests for information from the association; requiring that the plan of operation include provisions for removing a director for cause and addressing conflicts of interest; and increasing the length of the stay of court proceedings involving an insolvent insurer.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senators Guills and Foster:
     Senate Bill No. 690--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-59, relating to small, women- and minority-owned businesses
     Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.
     By Senators Bowman, Palumbo, Foster, Snyder and Browning:
     Senate Bill No. 691--A Bill to amend and reenact §24-1-1, of the Code of West Virginia, 1931, as amended; and to amend and reenact §24-2-1 and §24-2-12 of said code, all relating to setting forth legislative purpose and plan regarding modernizing and streamlining antiquated telecommunications regulation; confirming the lack of jurisdiction of the Public Service Commission or any other department, agency, commission or political subdivision of the state with respect to internet protocol-enabled services, including broadband, video, voice or data communications using internet protocol-enabled services; definitions; exceptions and reservations; and providing that, effective July 1, 2009, the requirements of section twelve, article two, chapter twenty-four of said code no longer apply to telecommunications carriers, as that term is defined in 47 U. S. C. §153, subject to certain exceptions and provisos.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senator Kessler:
     Senate Bill No. 692--A Bill to amend and reenact §22A-5-1 and §22A-5-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §22A-5-3 and §22A-5-4, all relating to creating a full-time administrative law judge for the Office of Miners' Health, Safety and Training; and providing the method for appointment of members of the board.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators McCabe, Edgell, White, D. Facemire, Sypolt, Green, Browning, Foster, Williams, Jenkins and Kessler:
     Senate Bill No. 693--A Bill to amend and reenact §59-1-2 of the Code of West Virginia, 1931, as amended, relating to improvements to the technology infrastructure of the West Virginia Secretary of State's office.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Kessler and White:
     Senate Bill No. 694--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-28, relating to mutual aid agreements; establishing a statewide intrastate mutual aid system; setting forth legislative findings; authorizing the Director of the Division of Homeland Security and Emergency Management to propose a statewide mutual aid agreement; establishing procedures to allow local jurisdictions to elect not to participate; establishing procedures to amend the mutual aid agreement; creating a Statewide Mutual Aid Committee; and establishing procedures for comment for changes to the agreement and the reenactment of the agreement.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Tomblin (Mr. President), Helmick, Foster, McCabe and Kessler:
     Senate Bill No. 695--A Bill to amend and reenact §5-5-6 of the Code of West Virginia, 1931, as amended, relating to payment for unused sick leave; limiting employees to a lifetime payment of $25,000; providing caps on the amount the daily rate of pay is calculated by; providing that payment may be made upon application and verification that the employee is eligible for payment; and provisions to be applied retroactively.
     Referred to the Committee on Finance.
     By Senators Kessler, Plymale and Unger:
     Senate Bill No. 696--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Z-1, §11-13Z-2, §11-13Z-3, §11-13Z-4, §11-13Z-5, §11-13Z-6, §11-13Z-7, §11-13Z-8 and §11-13Z-9, all relating to establishing a tax credit for medical providers who provide services at no charge to free health clinics in the state; setting the amount of tax credit; and authorizing the Tax Commissioner to promulgate rules.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senators Boley and White:
     Senate Bill No. 697--A Bill to amend and reenact §16-3-4 of the Code of West Virginia, 1931, as amended, relating to providing medical and nonmedical exemptions from mandatory immunizations for school children; requiring parental or guardian affidavit of conscientious or religious belief; requiring parents and guardians to assert their beliefs in an affidavit and to present an affidavit affirming that they have completed an educational course regarding the risks and benefits of immunizations; providing that the affidavit be provided before the exemption may apply; providing rule-making authority to the Commissioner of the Bureau for Public Health; and providing that the Legislature has the sole authority to add or delete required vaccinations or exemptions for school attendance.
     Referred to the Committee on Health and Human Resources; then to the Committee on Education; and then to the Committee on the Judiciary.
     By Senators McCabe, Browning, Plymale, Chafin and Stollings:
     Senate Bill No. 698--A Bill to amend and reenact §16-13D-1, §16-13D-2, §16-13D-8 and §16-13D-15 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §16-13D-10a and §16-13D-10b; and to amend and reenact §24-2-3 and §24-2-4b of said code, all relating to authorizing regional water authorities, regional wastewater authorities and regional water and wastewater authorities to provide for the joint maintenance of its participating public agencies; authorizing regional water authorities, regional wastewater authorities and regional water and wastewater authorities to extend service to unserved customers within its territory; and establishing an ordinance procedure for regional water authorities, regional wastewater authorities and regional water and wastewater authorities.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Caruth and McCabe:
     Senate Bill No. 699--A Bill to amend and reenact §55-7-24 of the Code of West Virginia, 1931, as amended, relating to properly apportioning the percentage of fault to all defendants whose tortious conduct caused an incident, injury or damages at issue in a case.
     Referred to the Committee on the Judiciary.
     By Senator Caruth:
     Senate Bill No. 700--A Bill to amend and reenact §24-2-15 of the Code of West Virginia, 1931, as amended, relating to allowing natural gas utilities to immediately recover increases in fuel costs which are later reviewed by the Public Service Commission and subject to refund if it is determined that the utility overstated its gas costs.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Kessler:
     Senate Bill No. 701--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §1-7-1, §1-7-2, §1-7-3, §1-7-4, §1-7-5, §1-7-6 and §1-7- 7, all relating to the freedom of religion in West Virginia.
     Referred to the Committee on the Judiciary.
     By Senators McCabe, Hall, Minard, Jenkins, Caruth and Kessler:
     Senate Bill No. 702--A Bill to amend and reenact §23-2C-15 of the Code of West Virginia, 1931, as amended, relating to changing the date through which governmental entities are required to purchase workers' compensation through West Virginia Mutual Insurance Company.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Green:
     Senate Bill No. 703--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2I-11, relating to reporting requirements for physicians and the Department of Health and Human Resources when it is suspected that a woman has suffered injury or death due to an induced abortion; contents of the reports; duties of the department; and providing criminal penalties.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Caruth:
     Senate Bill No. 704--A Bill to amend and reenact §22A-1-2 of the Code of West Virginia, 1931, as amended, relating to the definitions of "mine" and "work of preparing the coal".
     Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
     By Senator Unger:
     Senate Bill No. 705--A Bill to amend and reenact §18A-4-7A of the Code of West Virginia, 1931, as amended, relating to limiting professional personnel transfers to another professional position subsequent to August 1.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Unger, Jenkins, Green, Stollings, Foster, Prezioso, Plymale, Kessler, Williams and McCabe:
     Senate Bill No. 706--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-53, relating to the establishment of a leave donation program for the largest statewide professional law- enforcement association representing members of the West Virginia State Police.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Caruth, Edgell, McCabe and Stollings:
     Senate Bill No. 707--A Bill to amend and reenact §22A-6-7 of the Code of West Virginia, 1931, as amended, relating to the Board of Coal Mine Health and Safety; the Coal Mine Safety and Technical Review Committee; and requiring the committee to provide a forum for resolution of technical, economic and environmental issues.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Laird and Kessler:
     Senate Bill No. 708--A Bill to amend and reenact §48-27A-1 of the Code of West Virginia, 1931, as amended, relating to the Domestic Violence Fatality Review Team; providing for funeral arrangements for victims of domestic violence by uninvolved surviving family members of the victim of a domestic violence fatality; prohibiting any person charged with causing the fatality from making funeral arrangement; and requiring director to promulgate legislative rules covering these funeral arrangements.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator White:
     Senate Bill No. 709--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-2-140, relating to the prevention of predatory lending practices.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senators Guills and Unger:
     Senate Bill No. 710--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9l, relating to exempting church or religious organization retail sales of clothing and clothing accessories from the consumers sales tax; and authorizing the Tax Commissioner to designate the exemption as a per se exemption.
     Referred to the Committee on Finance.
     By Senator Chafin:
     Senate Bill No. 711--A Bill to amend and reenact §7-7-7 of the Code of West Virginia, 1931, as amended, relating to providing that a person convicted of a felony may not be employed in any courthouse in this state or in any other position or job by a county where that person would have access to sensitive or confidential information.
     Referred to the Committee on the Judiciary.
     By Senator Unger:
     Senate Bill No. 712--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6M-1, §46A-6M-2, §46A-6M-3, §46A-6M-4, §46A-6M-5, §46A-6M-6, §46A-6M-7, §46A-6M-8, §46A-6M-9, §46A-6M-10, §46A-6M-11, §46A-6M-12, §46A-6M-13 and §46A-6M-14, all relating to creating the Refund Anticipation Loan Act; defining terms; setting forth the requirements for persons granting loans to consumers based on their anticipated income tax refunds; posting of bonds, fee schedules and disclosures; identifying prohibited activities; setting a cap on the amount of interest; setting forth penalties and remedies; granting the Commissioner of Banking with rule-making authority; and providing a severability clause.
     Referred to the Committee on Finance.
     By Senator Caruth:
     Senate Bill No. 713--A Bill to amend the Code of West Virginia, 1931, as amended, by adding a new article thereto, designated §56-5A-1 and §56-5A-2, all relating to trials; pleading and practice; and providing a statutory procedure for an offer of judgment prior to trial and assessment of costs in certain situations.
     Referred to the Committee on the Judiciary.
     By Senator Chafin:
     Senate Bill No. 714--A Bill to amend and reenact §62-11A-1a of the Code of West Virginia, 1931, as amended, relating to sentencing alternatives; and unifying the custody and supervision of persons participating in an alternative sentencing program under the county sheriff.
     Referred to the Committee on the Judiciary.
     Senators Chafin and Kessler offered the following resolution:
     Senate Concurrent Resolution No. 37--Requesting the Joint Committee on Government and Finance study the various benefits and burdens to the State of West Virginia in faithfully executing the penal laws of this state.
     Whereas, The various penal laws of the State of West Virginia are the products of several centuries of Anglo-American jurisprudence; and
     Whereas, The penal laws of what is now known as the State of West Virginia have undergone significant revision throughout the years, from being a product as a colony of the British crown, to being part of the State of Virginia, and throughout the creation and numerous amendments and reenactments of the Constitution of the State of West Virginia and the Code of West Virginia; and
     Whereas, As a result, provisions of the penal laws of this state overlap and contradict; and
     Whereas, Some offenses under the penal laws have become obsolete or out of touch with significant changes in society; and
     Whereas, Some penalties are disproportionate to the harm involved or in comparison to other offenses; and
     Whereas, Some criminal offenses are defined outside the criminal code, and important common-law rules remain in force but not codified; and
     Whereas, As the State of West Virginia has entered the twenty- first century, it is necessary to conduct a comprehensive study and analysis of the state's existing criminal and procedural and sentencing laws; and
     Whereas, In particular such study would review offenses and penalties for proportionality as well as for public protection, crime deterrence and offender rehabilitation; and
     Whereas, Such study would also involve the review of the various laws of this state there could be numerous possibilities for more simple and clear language and a more coherent structure for these laws; and
     Whereas, The study would in addition address the changing nature of crime in such areas as, for example, gang activity, drug trafficking and computer technology within the State of West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the various benefits and burdens to the State of West Virginia in faithfully executing the current penal laws of this state; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     Senator Unger offered the following resolution:
     Senate Concurrent Resolution No. 38--Requesting the Division of Highways name the section of Route 9 from Martinsburg to Berkeley Springs the "Ray Johnston Memorial Highway".
     Whereas, Ray Johnston was born April 3, 1934, in Albert Lea, Minnesota; and
     Whereas, Ray Johnston visited the eastern panhandle 51 years ago and would eventually make it his home; and
     Whereas, Ray Johnston was a visionary and leader for development in the eastern panhandle; and
     Whereas, Ray Johnston was an innovator who was responsible for the creation of the Eastern Panhandle Home Builders Association, which has manifested itself into a large, influential and prosperous local association; and
     Whereas, Ray Johnston had a major impact on the state level, where he served as President of the West Virginia Home Builder's Association; and
     Whereas, Ray Johnston was Past President of the Martinsburg- Berkeley County Chamber of Commerce, where he spearheaded the efforts to obtain funding for the expansion of Route 9; and
     Whereas, Ray Johnston is responsible for the current segment of Route 9 being made into a four-lane highway; and
     Whereas, Ray Johnston developed many properties that will better the quality of life for current and future generations of West Virginians, including his crown jewel, The Woods Resort, which is now home to more than 1,000 families and features such amenities as golf courses, lodge, restaurant, conference center, spa, sports center, tennis courts and swimming pools; and
     Whereas, Ray Johnston was married to his beloved wife Madeline, with whom he shared the joy of having two daughters, Sally and Joy; and
     Whereas, Sadly, Ray Johnston passed away November 14, 2008, bringing to an end the life of a visionary, innovator and one of West Virginia's great leaders and leaving behind his loving family and a host of friends; and
     Whereas, It is fitting to honor Ray Johnston and his contributions to the eastern panhandle and State of West Virginia which will benefit future generations of West Virginians to come by naming the section of Route 9 from Martinsburg to Berkeley Springs the "Ray Johnston Memorial Highway"; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways name the section of Route 9 from Martinsburg to Berkeley Springs the "Ray Johnston Memorial Highway"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the highway as the "Ray Johnston Memorial Highway"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Ray Johnston.
     Which, under the rules, lies over one day.
     Senators Plymale, Jenkins, Minard, Unger and Kessler offered the following resolution:
     Senate Resolution No. 38--Recognizing Patrolman First Class Ryan Nelson Bentley for his courage in the line of fire.
     Whereas, Ryan Nelson Bentley is the son of Ralph and Laura Bentley and the brother of Joel and Treacy; and
     Whereas, Ryan Nelson Bentley is married to his beloved wife Jocelyn, with whom he shares the joy of having their son, Alec; and
     Whereas, Ryan Nelson Bentley has been a Patrolman First Class Officer with the City of Huntington Police Department since May 5, 2000; and
     Whereas, Officer Bentley was on night patrol March 4, 2009, when he came upon an armed robbery in progress; and
     Whereas, Officer Bentley approached the suspect and the suspect fled on foot; and
     Whereas, Officer Bentley gave chase and the suspect opened fire, striking him twice; and
     Whereas, Officer Bentley, although wounded, was able to identify the suspect, who ultimately was arrested; and
     Whereas, Officer Bentley's display of courage and desire to protect the public should serve as an example to all law- enforcement officers throughout the State of West Virginia; and
     Whereas, The people of Huntington and the State of West Virginia will be forever grateful to Officer Bentley for his courage and bravery; therefore, be it
     Resolved by the Senate:
     That the Senate hereby recognizes Patrolman First Class Ryan Nelson Bentley for his courage in the line of fire; and, be it
     Further Resolved, That the Senate wishes Officer Bentley a full and speedy recovery to good health; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Patrolman First Class Ryan Nelson Bentley.
     At the request of Senator Plymale, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     On motion of Senator Chafin, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
     Senators Chafin, Fanning, Plymale, McCabe, Jenkins, Minard and Unger offered the following resolution:
     Senate Resolution No. 39--Recognizing the public service of Estil L. "Breezy" Bevins, former Senate Doorkeeper, Sergeant-at- Arms, Mayor and dedicated public servant.
     Whereas, Estil L. "Breezy" Bevins was born October 10, 1927, in Sidney, Kentucky, the son of Willie and Sadie Smith Bevins; and
     Whereas, Estil L. "Breezy" Bevins was married to his beloved wife Betty Rae Chandler on November 25, 1948. They are the proud parents of three children and the grandparents of six grandchildren; and
     Whereas, Estil L. "Breezy" Bevins received his education in the Kentucky public schools and Southern West Virginia Community College; and
     Whereas, Estil L. "Breezy" Bevins served his nation with pride and distinction in the United States Army, where he was also a standout basketball player at Fort Meade, Maryland; and
     Whereas, After serving in the military, Estil L. "Breezy" Bevins worked as a brakeman/conductor for the N & W Railroad until he retired in 1972; and
     Whereas, Estil L. "Breezy" Bevins has served in a myriad of community-related positions, including his service as a member of the Williamson City Council for 12 years and as Mayor of the City of Williamson. He has also participated in a number of civic organizations, including his membership in the Tug Valley Red Cross, where he served as chairman for eight years; a Mason; a Shriner; and a former chairman of the W.I.N. Council; and
     Whereas, Estil L. "Breezy" Bevins served as an assistant doorkeeper to the West Virginia Senate during the 61st Legislature. He was elected the Senate Doorkeeper in 1975, 1977 and 1979. He was elected as the Senate Sergeant-at-Arms in 1981 and served until his resignation in 1993. He served as a criminal investigator with the West Virginia Tax Department from 1993 to 1999; therefore, be it
     Resolved by the Senate:
     That the Senate hereby recognizes the public service of Estil L. "Breezy" Bevins, former Senate Doorkeeper, Sergeant-at-Arms, Mayor and dedicated public servant; and, be it
     Further Resolved, That the Senate hereby recognizes Estil L. "Breezy" Bevins for his dedication and commitment to his community; and, be it
     Further Resolved, That the Senate extends its appreciation to Estil L. "Breezy" Bevins for his service to the Senate of West Virginia as its 47th Doorkeeper and 45th Sergeant-at-Arms; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Estil L. "Breezy" Bevins.
     At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     On motion of Senator Chafin, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Petitions

     Senator Foster presented a petition from Jennifer Lilly and numerous Kanawha County residents, opposing Committee Substitute for House Bill No. 2027 (Creating an excise tax on methadone).
     Referred to the Committee on Finance.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 34, Requesting Division of Highways name Taylorville Bridge "R. A. West 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. 35, Requesting Division of Highways name bridge in Mercer County "Staff Sergeant Stanley Brian Reynolds Memorial Bridge".
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
     House Concurrent Resolution No. 23, The "Corporal Alfred E. Collins Bridge".
     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.
     The Senate proceeded to the eighth order of business.
     Eng. Senate Bill No. 12, Allowing 2-year motorcycle registration period.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Barnes, K. Facemyer and McCabe--3.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 12) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 75, Establishing alcohol use by minors as juvenile delinquent offense.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Barnes, K. Facemyer and McCabe--3.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 75) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 256, Providing additional requirements for certain property annexation.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Barnes, K. Facemyer and McCabe--3.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No.
256) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 261, Mandating party executive committees submit certain nominees 70 days before election.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Barnes, K. Facemyer and McCabe--3.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No.
261) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 335, Authorizing Division of Culture and History distribute fairs and festivals' funding.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Barnes, K. Facemyer and McCabe--3.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No.
335) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question,
the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Caruth, K. Facemyer and Guills--3.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 335) takes effect July 1, 2009.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 476, Relating to "financial institution" definition.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Caruth, K. Facemyer and Guills--3.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 476) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 503, Defining "sound financial condition".
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Caruth, K. Facemyer and Guills--3.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 503) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 521, Including telecommunications devices as jail contraband.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Caruth, K. Facemyer and Guills--3.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 521) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 594, Requiring monthly fund installments to Courtesy Patrol.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Caruth, K. Facemyer and Guills--3.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 594) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question,
the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Caruth, K. Facemyer and Guills--3.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 594) takes effect July 1, 2009.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the ninth order of business.
     Com. Sub. for Senate Bill No. 244, Relating to public employees' reemployment after retirement.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 399, Creating senior resident hunting, fishing and trapping license.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 424, Converting financial institution to state-chartered bank.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 464, Authorizing Public Employees Insurance Agency charge fee for paper transactions.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 468, Requiring redemption property purchaser pay in certified funds.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page one, section twenty-four, line one, by striking out the words "receiving certified funds" and inserting in lieu thereof the words "payment made by cashier check, money order, certified check or United States currency".
     The bill (S. B. No. 468), as amended, was then ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 489, Allowing Board of Banking and Financial Institutions receive travel expense compensation.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 494, Authorizing Insurance Commissioner order restitution in certain cases.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:
     O
n page two, section eleven, line fifteen, after the word "due" by changing the comma to a colon, striking out the words " and to pay restitution to any person who has suffered damages as a result of the illegal, improper or unjust manner of transacting business" and inserting the following proviso: Provided, That in any order issued pursuant to subsection (j), section nine of this article or entered as a result of a regulatory enforcement action initiated and prosecuted by the commissioner pursuant to this section or section eleven, article three of this chapter, the commissioner may, in addition to or in lieu of any other penalties or remedies provided therein, order an insurer to pay restitution to affected persons.
     The bill (S. B. No. 494), as amended, was then ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 501, Prohibiting animal gas chamber euthanasia.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Browning, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     On page eight, section eight, line one, after the word "dogs" by inserting the words "and cats";
     On page eight, section eight, line two, after the word "dogs" by inserting the words "and cats";
     On page eight, section eight, line four, by striking out the words "dog pound" and inserting in lieu thereof the words "or municipal animal shelter";
     On page eight, section eight, line six, after the word "dogs" by inserting the words "and cats";
     On page nine, section eight, line twenty-three, after the word "dog" by inserting the words "or cat";
     On page ten, section eight, line forty-one, after the word "dog" by inserting the words "or cat";
     On page ten, section eight, line forty-four, after the word "dog" by inserting the words "or cat";
     On page ten, section eight, line forty-five, after the word "dog" by inserting the words "or cat";
     On page ten, section eight, line forty-seven, by striking out the word "and" and inserting in lieu thereof the words "or cat and, in the case of a dog,";
     On page eleven, section eight, line fifty-two, after the word "dog" by inserting the words "or cat";
     On page eleven, section eight, line fifty-six, after the word "dog" by inserting the words "or cat";
     On page eleven, section eight, line sixty-one, after the word "dogs" by inserting the words "or cats";
     On page eleven, section eight, line sixty-two, after the word "dogs" by inserting the words "or cats";
     And,
     On page eleven, section eight, line sixty-two, after the word "dog" by inserting the words "or cat".
     At the request of Senator Barnes, and by unanimous consent, the bill (Com. Sub. for S. B. No. 501), as just amended, was advanced to third reading with the right for further amendments to be considered on that reading.
     Com. Sub. for Senate Bill No. 526, Relating to osteopathy post-doctoral training requirements.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 528, Depositing certain fees in counties' general funds.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page three, section ten, line thirty-two, by striking out the word "and" and inserting a comma and the words "$1 of which shall be designated for the operation of the county clerk's office;".
     The bill (S. B. No. 528), as amended, was then ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 535, Authorizing municipalities and county commissions set closing time for certain bars.
     On second reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Prezioso, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Com. Sub. for Senate Bill No. 540, Clarifying certain Tax Commissioner's authorities.
     On second reading, coming up in regular order, was read a second time.
     At the request of Senator White, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
     Senate Bill No. 572, Repealing section creating Public Employee Leave Benefit Analysis Board.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 581, Permitting certain minor blood donations with parental consent.
     On second reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Senate Bill No. 587, Repealing section creating State Personnel Advisory Council.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 588, Repealing section creating Public Insurance Agency Advisory Board.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 591, Electing magistrates by divisions.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 647, Authorizing Class IV cities' early voting by mail.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 648, Requiring manual vote counting in certain counties.
     On second reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Barnes, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     The 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 Senate Bill No. 57, Relating to certain school coaches' requirements.
     Com. Sub. for Com. Sub. for Senate Bill No. 249, Relating to annual school calendar.
     Com. Sub. for Senate Bill No. 293, Creating felony offense of unauthorized practice of certain health care professions.
     Com. Sub. for Senate Bill No. 328, Creating WV Transportation Finance Commission.
     Com. Sub. for Senate Bill No. 379, Clarifying pharmacists and pharmacies as health care providers.
     Com. Sub. for Senate Bill No. 382, Adjusting State Rail Authority's contract authority.
     Com. Sub. for Com. Sub. for Senate Bill No. 404, Creating sesquicentennial commission and fund.
     Com. Sub. for Senate Bill No. 453, Relating to Public Service Commission service of decisions.
     And,
     Senate Bill No. 493, Transferring central registry for head injuries to Center for Excellence in Disabilities.
     The Senate proceeded to the eleventh order of business and the introduction of guests.
     The Senate then proceeded to the twelfth order of business.
     Remarks were made by Senators Stollings, Foster, Kessler, Hall and Chafin
     Thereafter, at the request of Senator Kessler, and by unanimous consent, the remarks by Senator Foster were ordered printed in the Appendix to the Journal.
     At the request of Senator McCabe, unanimous consent being granted, the remarks by Senators Kessler and Chafin were ordered printed in the Appendix to the Journal.
     The Senate proceeded to the thirteenth order of business.
     At the request of Senator McCabe, unanimous consent being granted, it was ordered that the Journal show had Senator McCabe been present in the chamber on Friday, March 20, 2009, he would have voted "yea" on the passage of Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 279.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate recessed until 5 p.m. today.

     Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, unanimous consent being granted, returned to the fourth order of business.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 153, Authorizing Department of Environmental Protection promulgate legislative rule relating to standards of performance for new stationary sources.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 153 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and boards; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rule with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; repealing certain legislative rules; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management systems; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the assessment of civil administrative penalties; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the hazardous waste management fee; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining reclamation; authorizing the Department of Environmental Protection to repeal a legislative rule relating to the control and reduction of nitrogen oxides from nonelectric-generating units as a means of mitigate transport of ozone precursors; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction, modification, relocation and operation of stationary sources of air pollutants, notification requirements, administrative updates, temporary permits, general permits, permission to commence construction and procedures for evaluation; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources of air pollution for the prevention of significant deterioration; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to repeal a legislative rule relating to the Nox budget trading program as a means of control and reduction of nitrogen oxides from electric-generating units; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to a mercury budget training program to reduce mercury emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the WV/NPDES rules for coal mining facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the State Water Pollution Control Revolving Fund; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to environmental laboratories' certification and standards of performance; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to dam safety; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the assessment of civil administrative penalties; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 266, Increasing tax credit for nonfamily adoptions.
     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,
                               Jeffrey V. Kessler,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 425, Disclosing certain refinanced loan's higher annual percentage rate.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 436, Updating terminology relating to surface mining reporting requirements.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 650, Increasing penalties for certain accessory after the fact crimes.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 650 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-11-6 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for accessory after the fact to certain crimes to a felony; establishing penalty; and creating exceptions.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     The Senate again 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 Snyder, Unger, Helmick, McCabe, Plymale and Kessler:
     Senate Bill No. 715--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-11-30, relating to the protection of the Chesapeake Bay Watershed; and nutrient reductions projects.
     Referred to the Committee on the Judiciary.
     By Senator D. Facemire:
     Senate Bill No. 716--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-13A-1, §17C-13A-2, §17C-13A-3, §17C-13A-4, §17C- 13A-5, §17C-13A-6, §17C-13A-7, §17C-13A-8 and §17C-13A-9, all relating to prohibiting diesel-powered motor vehicles from excessive idling; defining terms; placing restrictions on idling; providing exceptions to idling restrictions; establishing a misdemeanor offense of excessive idling; providing criminal penalties; and providing enforcement by the Department of Environmental Protection.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senators D. Facemire, Minard, Bowman and Deem:
     Senate Bill No. 717--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2F-8a, relating to requiring facilities providing abortions to obtain parental notification or consent in writing by the parent or by a notarized parental notification or consent form; and providing penalties.
     Referred to the Committee on Health and Human Resources; then to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Snyder:
     Senate Bill No. 718--A Bill to amend and reenact §29-22C-27 of the Code of West Virginia, 1931, as amended, relating to allocating to certain municipalities and counties an increased proportion of the adjusted gross receipts from licensed racetracks with West Virginia Lottery table games and a corresponding decrease in funds transferred to the state when the voters of all the counties that have licensed racetracks have approved that West Virginia Lottery table games are permitted at those licensed racetracks.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Kessler, Williams, Unger, Laird and Deem:
     Senate Bill No. 719--A Bill to amend and reenact §8-14-24 of the Code of West Virginia, 1931, as amended, relating to allowing a police officer meeting certain requirements to keep, without charge, his or her service weapon upon retirement.
     Referred to the Committee on the Judiciary.
     By Senators Browning and Deem:
     Senate Bill No. 720--A Bill to amend and reenact §18-7A-3 of the Code of West Virginia, 1931, as amended, relating to including service as a member of a county board of education to be included as credit for service for the State Teachers Retirement System.
     Referred to the Committee on Education; then to the Committee on Pensions; and then to the Committee on Finance.
     By Senators Prezioso, Minard, Fanning, McCabe, Oliverio, Plymale and Deem:
     Senate Bill No. 721--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-22-2a, relating to allowing the imposition of a tax up to $100 per $100,000 on the transfer of real estate within the incorporated limits of any municipality with the sole purpose of the revenue generated from the excise tax to be used to demolish buildings that are condemned.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Kessler, Minard and Laird:
     Senate Bill No. 722--A Bill to amend and reenact §44A-2-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §44A-3-11 of said code, all relating to clarifying the filing and review of the periodic accountings of conservators of incapacitated protected persons.
     Referred to the Committee on the Judiciary.
     By Senators Oliverio, Fanning, Unger, Plymale, Stollings and Kessler:
     Senate Bill No. 723--A Bill to amend and reenact §18C-7-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22-18a of said code, all relating to the PROMISE Scholarship generally; increasing the limit on the amount of money the Legislature can allocate from an annual increment of two percent to four percent; and increasing funding from $27 million to $29 million.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Helmick, McCabe, Plymale and Kessler:
     Senate Bill No. 724--A Bill to amend and reenact §11-27-16 of the Code of West Virginia, 1931, as amended, relating to the health care provider tax; providing a definition of the term "physicians' services"; and specifying legislative intent as to activities that qualify as physicians' services.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senator Kessler:
     Senate Bill No. 725--A Bill to amend and reenact §44-2-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §44-3A-2 of said code, all relating to providing a standard of review that the county commission may apply in reviewing the findings or orders of a fiduciary supervisor or fiduciary commissioner on probate matters.
     Referred to the Committee on the Judiciary.
     By Senators Wells, Browning, Caruth, Jenkins and Plymale:
     Senate Bill No. 726--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1F-11, relating to creating the West Virginia Service Members Civil Relief Act.
     Referred to the Committee on Military; and then to the Committee on the Judiciary.
     By Senators McCabe, Jenkins, Yost, K. Facemyer, Caruth, Unger, Foster, Plymale and Stollings:
     Senate Bill No. 727--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Z-1, §11-13Z-2, §11-13Z-3, §11-13Z-4, §11-13Z-5, §11-13Z-6, §11-13Z-7, §11-13Z-8 and §11-13Z-9; and to amend said code by adding thereto a new section, designated §11-24-9d, all relating to taxation; providing a phased-in allowance of credits against corporation net income tax and personal income tax for payments in this state of ad valorem property tax on certain industrial tangible personal property consisting of machinery and equipment; and allowing a transitional credit against the portion of a taxpayer's corporation net income tax relating to the change to combined reporting, with the amount of the credit being measured by the taxpayer's payments in this state of ad valorem property tax on certain industrial tangible personal property consisting of machinery and equipment.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senators McCabe, Browning, Green, Jenkins, Foster, Stollings, Hall, Prezioso, Caruth, Minard and Plymale:
     Senate Bill No. 728--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Z-1, §11-13Z-2, §11-13Z-3, §11-13Z-4, §11-13Z-5, §11-13Z-6, §11-13Z-7, §11-13Z-8, §11-13Z-9, §11-13Z-10, §11-13Z-11, §11-13Z-12, §11-13Z-13 and §11-13Z-14, all relating generally to allowing tax incentives when computing business franchise and West Virginia income tax liabilities, corporate or personal, as the case may be, for profits attributed to the use of patents directly used in a manufacturing process or product developed in this state or for royalties generated from patents directly used in a manufacturing process or product developed in this state; providing short title, legislative findings and purpose; defining certain terms; specifying terms, conditions and rules for taking of tax credits; providing for forfeiture of unused credit after period of years; allowing Tax Commissioner to prescribe rules; requiring periodic reports by Tax Commissioner on cost and effect of tax incentives; providing rule of construction and for severability; providing effective date; and specifying termination date.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senators McCabe, Jenkins and Plymale:
     Senate Bill No. 729--A Bill to amend and reenact §11-13-2o of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-13A-20b; to amend and reenact §11-13V-4 of said code; to amend said code by adding thereto a new section, designated §11-21-97; and to amend said code by adding thereto two new sections, designated §31-15-6c and §31- 15-6d, all relating generally to 21st Century Economic Development Fund; increasing the business and occupation tax paid by certain generators of electricity and providing for the additional tax to be deposited in 21st Century Economic Development Fund; providing for certain collections of severance tax on privilege of producing coal to be deposited in 21st Century Economic Development Fund; providing for additional severance taxes imposed on privileges of producing coal, natural gas and timber to be deposited in 21st Century Economic Development Fund after Workers' Compensation Old Fund liability is provided for; dedicating portion of personal income tax collections to 21st Century Economic Development Fund; defining certain terms and providing effective dates for the foregoing taxes; providing additional powers to West Virginia Economic Development Authority and, as to such, defining certain terms; establishing 21st Century Economic Development Fund; and specifying purposes for which moneys in the fund may be used.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senators Browning, Minard, Plymale and Stollings:
     Senate Bill No. 730--A Bill to amend and reenact §31-15-2 and §31-15-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §31-15-12b, all relating to the West Virginia Economic Development Authority; legislative findings; definitions; and providing that, in developing criteria for loans to a tourism project, the authority shall not require that any specific number of jobs are or will be created by the project, nor that any existing jobs or jobs to be created by the project are to meet any specific compensation levels, nor that any existing jobs or jobs be created by the project provide any specific employee benefits.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senators Prezioso, Minard and Plymale:
     Senate Bill No. 731--A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended, relating to rule-making authority for the Secretary of the Department of Health and Human Resources relative to state and local aid to local health departments.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Sypolt:
     Senate Bill No. 732--A Bill to amend and reenact §22A-2-66 of the Code of West Virginia, 1931, as amended, relating to allowing the Director of the Office of Miners' Health, Safety and Training flexibility when determining the appropriate penalty to impose against operators who fail to provide immediate notice upon the occurrence of a mining accident.
     Referred to the Committee on the Judiciary.
     By Senator Jenkins:
     Senate Bill No. 733--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5W-1, §16-5W-2, §16-5W-3, §16-5W-4, §16-5W-5, §16- 5W-6 and §16-5W-7, all relating to the West Virginia Official Prescription Program Act.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Sypolt (By Request):
     Senate Bill No. 734--A Bill to amend and reenact §7-17-12 of the Code of West Virginia, 1931, as amended, relating to allowing the county commission to impose a fire service fee at the request of the local firefighters' association.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Kessler:
     Senate Bill No. 735--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §41-3-6a, relating to the nonexoneration of the secured debt of a decedent unless the will specifically provides for its exoneration.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senators Laird and White:
     Senate Bill No. 736--A Bill to amend and reenact §18B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-1B-6 of said code; to amend and reenact §18B-1C-2 of said code; to amend said code by adding thereto a new section, designated §18B-1C-3; to amend and reenact §18B-2A-1 of said code; and to amend and reenact §18B-3C-8 of said code, all relating to higher education generally; and integrating the operations of the institution known as the Community and Technical College at West Virginia University Institute of Technology into West Virginia University Institute of Technology.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senator Palumbo:
     Senate Bill No. 737--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A- 4-6, §39A-4-7, §39A-4-8, §39A-4-9 and §39A-4-10, all relating to real property; enacting the Uniform Real Property Electronic Recording Act; providing for the recording of electronic real property documents by county clerks; and validity of real property documents with electronic signatures.
     Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.
     By Senators Plymale, Minard and Stollings:
     Senate Bill No. 738--A Bill to amend and reenact §18-2-5f of the Code of West Virginia, 1931, as amended, relating to requiring higher education institutions to use the unique West Virginia Educational Information System student identifier assigned through the student's enrollment in any West Virginia public school.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Plymale and Minard:
     Senate Bill No. 739--A Bill to amend and reenact §18-2E-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-4-1, §18-4-2 and §18-4-4 of said code; and to amend and reenact §18-5-1a of said code, all relating to including the hours of training county board members have acquired; interim term of county superintendents; appointment of interim county superintendent in cases of medical incapacitation; compensation; and county board member training standards review committee.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senator Green:
     Senate Bill No. 740--A Bill to amend and reenact §61-3C-14a of the Code of West Virginia, 1931, as amended, relating to obscene, anonymous, harassing and threatening communications by computer; and penalty.
     Referred to the Committee on the Judiciary.
     By Senators Wells, Browning and Caruth:
     Senate Bill No. 741--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-11-9, relating to requiring the Public Land Corporation to seek free gas rights from natural gas lessors on public lands; and providing an annual report to the Legislature.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senator Green:
     Senate Bill No. 742--A Bill to amend and reenact §30-3-16 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-3-16b, all relating to greatly broadening the circumstances and types of prescriptions a physician assistant may issue under the supervision of a licensed physician.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.
     By Senator Unger:
     Senate Bill No. 743--A Bill to amend and reenact §18B-1B-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-2B-4 of said code; and to amend and reenact §18B-6-2 and §18B-6-3 of said code, all relating to higher education policy; adding two members to the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education; setting forth the members' responsibilities and length of terms; providing that these members receive a load reduction of at least three hours per semester from his or her institution; establishing meeting requirements; and providing that chairpersons of a faculty senate or faculty assembly shall also receive a load reduction of three hours per semester.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Wells, Caruth, Browning and Williams:
     Senate Bill No. 744--A Bill to amend and reenact §48-9-205 of the Code of West Virginia, 1931, as amended, relating to requiring permanent parenting plans to contain a provision concerning a possible deployment or call to duty if either parent is a member of the National Guard or military reserve.
     Referred to the Committee on Military; and then to the Committee on the Judiciary.
     By Senator Kessler:
     Senate Bill No. 745--A Bill to amend and reenact §19-14-5 of the Code of West Virginia, 1931, as amended, relating to providing moneys from an additional commercial feed distributor fee assessed to commercial feed distributors to fund a statewide spay and neuter program; and creating the Spay Neuter Assistance Fund.
     Referred to the Committee on Agriculture; and then to the Committee on Finance.
     By Senators Wells, Caruth, Browning and Williams:
     Senate Bill No. 746--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-9-404, relating to domestic relations; custody of children; and modifications of child custody orders.
     Referred to the Committee on Military; and then to the Committee on the Judiciary.
     By Senators Chafin and Unger:
     Senate Bill No. 747--A Bill to amend and reenact §16-30-3, §16-30-4 and §16-30-5 of the Code of West Virginia, 1931, as amended, all relating to medical powers of attorney; and limitations on actions.
     Referred to the Committee on the Judiciary.
     By Senator Kessler:
     Senate Bill No. 748--A Bill to amend and reenact §11-15-9i of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-15B-2 of said code, all relating to the definitions of "health care provider" and "drug".
     Referred to the Committee on Finance.
     By Senators Kessler and Chafin:
     Senate Bill No. 749--A Bill to amend and reenact §17C-5-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-5A-1a, §17C-5A-2 and §17C-5A-2a of said code, all relating generally to means of reviewing driver's license revocation orders for driving a motor vehicle while under the influence of alcohol, controlled substances or drugs.
     Referred to the Committee on the Judiciary.
     By Senators Kessler, Barnes, Caruth, Minard and Stollings:
     Senate Bill No. 750--A Bill to amend and reenact §18-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-3-1 and §18A-3-1a of said code; to amend and reenact §18A-4-1, §18A-4-4 and §18A-4-8 of said code; to amend and reenact §18B-1B-4 of said code; to amend and reenact §18B-2B-6 of said code; to amend and reenact §18C-6-2 of said code; to amend and reenact §18C-7-3 of said code; and to amend and reenact §30-32-17 of said code, all relating to clarification for graduates of accredited institutions of higher education; and alleviating the shortage of certified teachers in West Virginia.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senator Kessler:
     Senate Bill No. 751--A Bill to amend and reenact §17C-5-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §17C-5A-1b; and to amend and reenact §17C-5A-2 of said code, all relating to creating the office of administrative law judges within the Division of Motor Vehicles; and outlining the powers of the administrative law judges.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Chafin, Caruth and Fanning:
     Senate Bill No. 752--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-3-11, relating to expenditure of funds from the 2009 economic stimulus plan for road repair and construction; and requiring funds to be first spent for repair of the West Virginia Turnpike before any other expenditures in the third congressional district.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Caruth:
     Senate Bill No. 753--A Bill to amend and reenact §8A-4-6 of the Code of West Virginia, 1931, as amended, relating to municipalities; effect of adopted subdivision and land development ordinances; and providing that this chapter does not authorize an ordinance, rule or regulation preventing the complete use of natural resources by the owner outside of urban areas.
     Referred to the Committee on Economic Development; and then to the Committee on Government Organization.
     By Senators McCabe and K. Facemyer:
     Senate Bill No. 754--A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29- 3-25 and §29-3-26 of said code; and to amend said code by adding thereto nineteen new sections, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E- 9, §29-3E-10, §29-3E-11, §29-3E-12, §29-3E-13, §29-3E-14, §29-3E- 15, §29-3E-16, §29-3E-17, §29-3E-18 and §29-3E-19, all relating generally to revising, consolidating and codifying the laws relating to fireworks; regulating purchase, possession, sale and use of fireworks; providing for civil money penalties, criminal penalties and remedies; prescribing powers and duties of certain state agencies; and providing an effective date.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators McCabe, Foster and Stollings:
     Senate Bill No. 755--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Z-1, §11-13Z-2, §11-13Z-3, §11-13Z-4, §11-13Z-5, §11-13Z-6, §11-13Z-7, §11-13Z-8, §11-13Z-9, §11-13Z-10, §11-13Z-11, §11-13Z-12, §11-13Z-13, §11-13Z-14, §11-13Z-15, §11-13Z-16, §11- 13Z-17 and §11-13Z-18, all relating generally to the West Virginia Twenty-First Century Tax Credit Act and as to such, providing short title; setting forth purpose and legislative findings; defining terms; allowing credit and exemption from certain taxes; providing for computation of credit, application of credit and period for which credit is allowed; requiring application to claim credit; requiring that new jobs be good-paying jobs with health benefits; requiring identification of investment credit property and recomputation of credit in event of premature disposition of investment property; providing for forfeiture of unused tax credits and redetermination of credit allowed; imposing recapture tax under specified circumstances; allowing transfer of qualified investment to successors; providing rules for interpretation and construction of act; providing for tax credit review and accountability; specifying effective date; and providing severability clause.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senators Wells, Caruth and Browning:
     Senate Bill No. 756--A Bill to amend and reenact §15-1B-22 of the Code of West Virginia, 1931, as amended, relating to military facilities; security guards' qualifications; duties; and powers.
     Referred to the Committee on Military; and then to the Committee on Government Organization.
     By Senators Plymale, Unger and Foster:
     Senate Bill No. 757--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1D-9, relating to entry into a data state compact among the Higher Education Policy Commission, Council for Community and Technical College Education and State Board of Education; authorizing disclosures of information among the parties; requiring that personal privacy laws be obeyed and security measures and procedures be developed; and setting forth requirements for data sharing arrangements with research organizations.
     Referred to the Committee on Education; and then to the Committee on the Judiciary.
     By Senators Wells, McCabe, Jenkins, Oliverio, Foster and Stollings:
     Senate Bill No. 758--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-33-1, §18-33-2, §18-33-3, §18-33-4, §18-33-5, §18- 33-6, §18-33-7, §18-33-8, §18-33-9, §18-33-10, §18-33-11, §18-33-12, §18-33-13 and §18-33-14, all relating to public charter schools; definitions; applicable regulatory and statutory requirements; exemptions from state laws and rules; creating of public charter school or conversion of public school to public charter school; application process; approval and denial of application; charter status term; terminating of public charter school; public charter school requirements; funding; enrollment; student transportation; conditional approval; information on charter schools; leaves of absence for teachers; employment of school personnel; and benefits.
     Referred to the Committee on Education; and then to the Committee on Finance.
     On motion of Senator Chafin, leaves of absence for the day were granted Senators Caruth, K. Facemyer and Guills.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, March 24, 2009, at 11 a.m.
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