sdj-01st day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2012
FIRST DAY
____________
Charleston, W. Va., Wednesday, January 11, 2012
Pursuant to section eighteen, article six of the Constitution
of the State of West Virginia, which prescribes that the
Legislature shall convene annually on the second Wednesday in
January, the Senate assembled in its chamber in the state capitol
in the City of Charleston, West Virginia, on this eleventh day of
January, two thousand twelve, for the second annual sixty-day
session of the eightieth Legislature, and at 12 o'clock Noon was
called to order by the President, the Honorable Jeffrey V. Kessler.
Prayer was offered by the Reverend Jeffery S. Allen, Project
Director, Healthy Kids and Families Coalition, West Virginia
Council of Churches, Charleston, West Virginia, and Pastor, St.
Stephens United Methodist Church and Simpson Memorial United
Methodist Church, Charleston, West Virginia.
On the call of the roll, the following answered to their
names:
Senators Barnes, Beach, Boley, Browning, Chafin, Edgell, D.
Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick,
Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills and Kessler (Mr. President).
Thirty-three members having answered to their names, the
President declared the presence of a quorum.
The Senate proceeded to the second order of business and the
introduction of guests.
Senator Unger then offered the following resolution:
Senate Resolution No. 1--Raising a committee to notify the
House of Delegates that the Senate has assembled in regular
session.
Resolved by the Senate:
That a committee of three be appointed by the President to
inform the House of Delegates that the Senate has assembled in
regular sixty-day session, with a quorum present, and is ready to
proceed with the business of this regular session.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee, the following:
Senators Laird, Tucker and Nohe.
Subsequently, Senator Laird reported that the committee had
performed the duty assigned to it.
The first message this session from the House of Delegates, by
Delegates Jones, Martin and Ellington, announced that the
House of Delegates has assembled, with a quorum present, and is
ready to proceed with the business of this second regular session
of the eightieth Legislature.
Senator Unger offered the following resolution:
Senate Resolution No. 2--Providing for the appointment of a
committee to inform the Governor that the Legislature has assembled
in regular session.
Resolved by the Senate:
That a committee of three on the part of the Senate be
appointed by the President, to join with a similar committee on the
part of the House of Delegates, to notify His Excellency, the
Governor, that the Legislature has assembled in regular sixty-day
session, with a quorum of each house present, and is ready to
receive any communication or message that he may desire to present.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee, the following:
Senators Edgell, D. Facemire and Hall.
A message from the House of Delegates, by
Delegates D. Campbell, R. Phillips and Evans, announced that
the Speaker had appointed them a committee of three to join with a
similar committee on the part of the Senate under the provisions of
Senate Resolution No. 2 to wait upon the Governor. Senate and
House members of this select committee then proceeded to the
executive offices.
Subsequently, Senator Edgell reported that the joint Senate
and House committee had performed the duty assigned to it.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and joint resolutions were introduced, read by their titles, and
referred to the appropriate committees:
By Senator Foster:
Senate Bill No. 1--A Bill to amend and reenact §5-16-7a of the
Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §9-5-22; to amend and
reenact §33-15-4f of said code; to amend and reenact §33-16-3o of
said code; to amend and reenact §33-24-7f of said code; to amend
and reenact §33-25-8e of said code; and to amend and reenact §33-
25A-8e of said code, all relating to requiring insurers to provide
coverage for colorectal screening for individuals fifty years of
age and older.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Foster and Williams:
Senate Bill No. 2--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §9-2-
9a, relating to creating a medication therapy management services
program for Medicaid recipients; authorizing licensed pharmacists
to consult with Medicaid patients to ensure they are taking the
appropriate drugs and the drugs are not interfering with each
other; setting forth the specific services to be provided by a
pharmacist; setting forth eligibility requirements for
participating pharmacists; and providing for a pilot program for
certain Medicaid patients.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Foster and Klempa:
Senate Bill No. 3--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§47-5A-1, §47-5A-2, §47-5A-3, §47-5A-4, §47-5A-5, §47-5A-6,
§47-5A-7 and §47-5A-8, all relating to safety features of
residential water heaters; providing maximum thermostat settings;
requiring warning notice; allowing occupants control of thermostat
settings; limiting liability of employees of manufacturers and
installers; providing an effective date; and providing criminal
penalty.
Referred to the Committee on Government Organization.
By Senators Foster, Kessler (Mr. President), Klempa and Wells:
Senate Bill No. 4--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §16-
1-19, relating to a child's right to nurse; and making a statement
by the Legislature that nursing in a public place is socially
acceptable.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Foster, Jenkins, Kessler, (Mr. President), Miller,
Plymale and Klempa:
Senate Bill No. 5--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §5-
26-1 and §5-26-2, all relating to the creation of the Herbert
Henderson Office of Minority Affairs; establishing the powers and
duties of the office; requiring an executive director, staff and
office; requiring annual reports to the Governor and the Joint Committee on Government and Finance; and creating a Minority
Affairs Fund.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Stollings, Jenkins, Kessler (Mr. President),
Miller, D. Facemire, Plymale, Foster and Kirkendoll:
Senate Bill No. 6--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §16-
1-5a, relating to the development and approval of certain training
programs relating to the possession of epinephrine and the
administration of epinephrine in emergency situations; and
authorizing certain individuals to obtain a prescription for
epinephrine, purchase epinephrine and administer epinephrine in
emergency situations.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Stollings, Jenkins, Miller, Plymale, Foster,
Klempa and Kirkendoll:
Senate Bill No. 7--A Bill to amend and reenact §15-2-10 of the
Code of West Virginia, 1931, as amended; and to amend said code by
adding thereto a new section, designated §16-4C-24, all relating to
allowing police, fire and emergency service providers to possess
Naloxone to administer in suspected narcotic drug overdoses.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Browning, Miller, Plymale, Foster, Stollings,
Kirkendoll, Unger and Minard:
Senate Bill No. 8--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B-2I-6,
§5B-2I-7, §5B-2I-8, §5B-2I-9, §5B-2I-10, §5B-2I-11 and §5B-2I-12,
all relating to the Creative Communities Development Pilot Program;
providing legislative findings and intent; creating the Creative
Communities Development Fund; establishing the Creative Communities
Development Board; providing requirements for applications for the
use of matching funds from the Creative Communities Development
Fund; providing for review of applications by the West Virginia
Development Office; establishing that the Creative Communities
Development Board shall have the authority to approve matching
grants from Creative Communities Development Fund; establishing
matching requirements from applicants; establishing eligible
expenditures; defining parameters of agreement between West
Virginia Development Office and a community for use of grant funds;
providing for a review and audit of expenditures by West Virginia
Development Office; and providing for review of Creative
Communities Development Pilot Program.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Browning, Plymale, Unger, Stollings, Kirkendoll
and Minard:
Senate Bill No. 9--A Bill to amend and reenact §31-15-2 and
§31-15-4 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §31-15-
12b, all relating to the West Virginia Economic Development Authority; adding legislative findings; defining terms; and
providing requirements for loan criteria for loans to tourism
projects.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senator Browning:
Senate Bill No. 10--A Bill to amend and reenact §27-4-1 and
§27-4-3 of the Code of West Virginia, 1931, as amended, all
relating to increasing the age of consent that a minor may refuse
mental health treatment from twelve to eighteen; and clarifying
that the state not be obligated to pay for voluntary
hospitalization.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Browning, Jenkins and Beach:
Senate Bill No. 11--A Bill to amend and reenact §50-1-9a of
the Code of West Virginia, 1931, as amended, relating to increasing
the number of allowable magistrate court deputy clerks; and
designating an additional deputy clerk for Raleigh County.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Browning, Chafin, Miller, D. Facemire and Beach:
Senate Bill No. 12--A Bill to amend and reenact §17A-3-2 of
the Code of West Virginia, 1931, as amended, relating to the use of
low-speed vehicles in municipalities; and authorizing
municipalities, by ordinance, to allow the use of low-speed
vehicles on roads in municipalities with speed limits over twenty-five miles per hour and less than thirty-five miles per hour.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Browning, Williams, Foster and Klempa:
Senate Bill No. 13--A Bill to amend and reenact §5B-2E-7a of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §5B-2E-7b, all relating
generally to tourism development projects; removing annual credit
cap for expansion projects; providing rule for determining credit
for multiyear, multiphase projects; and providing consumers sales
and service tax presumption.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators McCabe, Kessler (Mr. President), Foster, Klempa
and Wells:
Senate Bill No. 14--A Bill to amend and reenact §5-11-2, §5-
11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a
new section, designated §5-11-9a; and to amend and reenact §5-11A-
3, §5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to
unlawful discriminatory practices generally; prohibiting
discrimination based upon age or sexual orientation in housing;
defining "sexual orientation" and "age"; correcting internal
citations; exempting religious institutions from the sexual
orientation proscriptions of this bill when such employment
comports with specific criteria; and defining "religious
institutions".
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators McCabe, Foster and Klempa:
Senate Bill No. 15--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §11-
13CC-1, §11-13CC-2, §11-13CC-3, §11-13CC-4, §11-13CC-5, §11-13CC-6,
§11-13CC-7, §11-13CC-8, §11-13CC-9, §11-13CC-10, §11-13CC-11, §11-
13CC-12, §11-13CC-13 and §11-13CC-14, all relating to authorizing
a tax credit against business franchise tax, corporate net income
tax or personal income tax for eligible expenditures incurred in
placing in service a residential or nonresidential energy-efficient
building; defining terms; establishing the amount of tax credit
permitted; requiring an application prior to taking the credit;
providing the credit will be taken over a ten-year period; allowing
the credit to be carried forward; providing that the tax credit is
transferrable; providing for the forfeiture of the credit in
certain instances; prohibiting the carryback of the credit;
authorizing the recapture of the credit; providing a statute of
limitations; authorizing rulemaking; and requiring reports to be
made.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Minard, Williams, Beach and D. Facemire:
Senate Bill No. 16--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §18-
11-12, relating to including on the state personal income tax
return a checkoff option to donate some or all of any tax refund to the Jackson's Mill 4-H Camp Checkoff Program.
Referred to the Committee on Agriculture; and then to the
Committee on Finance.
By Senators Snyder, D. Facemire and Unger:
Senate Bill No. 17--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§29-18A-1, §29-18A-2 and §29-18A-3, all relating to creating the
Commuter Rail Access Act; and allowing railroads in West Virginia
which charge track access fees for any daily railroad commuter
service in West Virginia a tax credit to the railroad against the
corporate net income tax equal to access fees lost in lieu of other
payment.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Minard and Jenkins:
Senate Bill No. 18--A Bill to amend and reenact §50-1-9a of
the Code of West Virginia, 1931, as amended, relating to increasing
the number of allowable magistrate court deputy clerks; and
designating an additional deputy clerk for Braxton County.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Snyder, D. Facemire, Klempa and Unger:
Senate Bill No. 19--A Bill to amend and reenact §3-8-12 of the
Code of West Virginia, 1931, as amended, relating to the regulation
and control of elections; and prohibiting unsolicited political
text messages.
Referred to the Committee on the Judiciary.
By Senators Minard, Jenkins, Chafin, D. Facemire, Williams and
Klempa:
Senate Bill No. 20--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
Social Security income from state personal income tax.
Referred to the Committee on Finance.
By Senator Minard:
Senate Bill No. 21--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §5-
16-18a, relating to underwriting of nonstate employer groups by the
Public Employees Insurance Agency.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Minard:
Senate Bill No. 22--A Bill to amend and reenact §18C-7-3 of
the Code of West Virginia, 1931, as amended, relating to modifying
provisions regarding the higher education institutions that are
eligible to continue to receive PROMISE scholarship funds; and
including Salem International University as an eligible
institution.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Williams, Plymale, Beach and Minard:
Senate Bill No. 23--A Bill to amend and reenact §3-6-4a of the
Code of West Virginia, 1931, as amended, relating to elections;
requiring write-in candidates for public office to pay a filing fee
for the office sought; and providing for distribution of the fee in the same manner as other candidates.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Foster and D. Facemire:
Senate Bill No. 24--A Bill to amend and reenact §30-5-14 of
the Code of West Virginia, 1931, as amended, relating to the
registration and permits for operation of pharmacies; and
forbidding the sale of tobacco products in licensed pharmacies.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Foster and Klempa:
Senate Bill No. 25--A Bill to amend and reenact §16-1-6 of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§22-1-3 of said code, all relating to requiring the Commissioner of
the Bureau for Public Health to conduct a public health impact
statement assessing the health impact of any new, or modification
to, air or water rule proposed by the Secretary of the Department
of Environmental Protection; and requiring the Secretary of the
Department of Environmental Protection to incorporate findings of
the impact statement into the proposed rule.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Foster (By Request):
Senate Bill No. 26--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §39A-
4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A-4-6 and §39A-4-7,
all relating to real property; enacting the Uniform Real Property Electronic Recording Act; providing for the recording of electronic
real property documents by county clerks; and validity of real
property documents with electronic signatures.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on the Judiciary.
By Senators Foster, D. Facemire and Klempa:
Senate Bill No. 27--A Bill to amend and reenact §5A-3-37 of
the Code of West Virginia, 1931, as amended, relating to requiring
political subdivisions of the state and county boards of education
to give preference to resident vendors and vendors employing state
residents; and reducing certain time requirements to meet residence
qualifications.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Foster:
Senate Bill No. 28--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§16-9G-1, §16-9G-2, §16-9G-3, §16-9G-4, §16-9G-5, §16-9G-6,
§16-9G-7, §16-9G-8, §16-9G-9, §16-9G-10, §16-9G-11, §16-9G-12,
§16-9G-13, §16-9G-14, §16-9G-15 and §16-9G-16, all relating to the
Smoke Free West Virginia Act; providing definitions; prohibiting
smoking in public places of employment and government vehicles;
prohibiting smoking in student dormitories; designating other
nonsmoking areas; providing exemptions; providing for enforcement;
violations and penalties; local regulation; prohibiting smoking
around entrances, exits, windows and ventilation intakes; and
rules.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Foster and Klempa:
Senate Bill No. 29--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §5-
16-27; to amend said code by adding thereto a new section,
designated §33-15-22; and to amend said code by adding thereto a
new section, designated §33-16-18, all relating to requiring
individual and group health insurance providers and the West
Virginia Public Employees Insurance Agency to offer wellness
programs with incentives for participation.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Beach and Klempa:
Senate Bill No. 30--A Bill to amend and reenact §17A-4-10 of
the Code of West Virginia, 1931, as amended, relating to vehicles
scraped, compressed, dismantled or destroyed; providing an
additional means to notify the division; prescribing form; and
providing for the use of additional brands used by other
jurisdictions that are consistent with the National Motor Vehicle
Title Information System.
Referred to the Committee on Transportation and
Infrastructure.
By Senators Beach and Klempa:
Senate Bill No. 31--A Bill to amend and reenact §3-1-5 and
§3-1-29 of the Code of West Virginia, 1931, as amended, all
relating to increasing the limit on the size of voting precincts to five thousand registered voters; increasing the size of standard
receiving boards in enlarged precincts; providing an option to have
more poll workers in a precinct during a presidential election; and
providing an option to have fewer poll workers in a precinct during
a municipal election where there is no simultaneous state or county
election.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Beach:
Senate Bill No. 32--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §60-
3A-3a; and to amend and reenact §60-3A-4 of said code, all relating
to allowing Class A retail licensees or freestanding liquor retail
outlets the ability to conduct responsible liquor sampling events
on days of the week other than Sunday; and providing that violators
of these sections are subject to certain criminal and civil
penalties.
Referred to the Committee on the Judiciary.
By Senators Williams and Nohe:
Senate Bill No. 33--A Bill to amend and reenact §7-7-4a of the
Code of West Virginia, 1931, as amended, relating to full-time
prosecuting attorney devoting full time to his or her public
duties.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Klempa, D. Facemire and Unger:
Senate Bill No. 34--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated
§17A-2-10b, relating to requiring a study of the feasibility of
consolidating government services and enforcement of laws
pertaining to the motor carrier industry; requiring the
Commissioner of the Division of Motor Vehicles to conduct the
study; authorizing the commissioner to retain an outside expert
consultant or consultants to advise and assist the commissioner in
conducting the study; exempting certain information received by the
commissioner from the West Virginia Freedom of Information Act;
establishing the misdemeanor offense of unauthorized disclosure of
trade secrets or proprietary business information obtained by the
commissioner in the course of conducting the study; and providing
for criminal penalties.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Klempa:
Senate Bill No. 35--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §47-
26-1, §47-26-2, §47-26-3, §47-26-4, §47-26-5, §47-26-6, §47-26-7,
§47-26-8 and §47-26-9, all relating to pawnbrokers; providing
definitions; establishing requirements for pawnbrokers; providing
for the confiscation of pledged or purchased goods; establishing
requirements for pawn tickets; requiring pawn transaction
reporting; establishing disclosure requirements for pawn
transactions to law-enforcement officers; authorizing the
Commissioner of Banking to promulgate forms and propose legislative
rules; establishing misdemeanor offenses; and providing criminal penalties.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Klempa:
Senate Bill No. 36--A Bill to amend and reenact §5-22-1 of the
Code of West Virginia, 1931, as amended, relating to requiring the
disclosure of subcontractors within two hours of the close of bids
for public construction contracts.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Klempa and Foster:
Senate Bill No. 37--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §21-
3-22, relating to requiring onsite employees at certain public
works construction projects to complete an Occupational Safety and
Health Administration-approved ten-hour construction safety program
prior to beginning work; civil penalties; and exemptions.
Referred to the Committee on Labor; and then to the Committee
on Government Organization.
By Senators Klempa and D. Facemire:
Senate Bill No. 38--A Bill to amend and reenact §60A-4-406 of
the Code of West Virginia, 1931, as amended, relating to increasing
the period of ineligibility for parole for people convicted of the
felony offense of distribution of a controlled substance in the
proximity of students awaiting, boarding or exiting a school bus.
Referred to the Committee on the Judiciary.
By Senator Klempa:
Senate Bill No. 39--A Bill to amend and reenact §11-13A-3a of
the Code of West Virginia, 1931, as amended, relating to imposition
of an additional ten percent tax on gas severed from Marcellus
Shale or by fracturing if sold or transported out of the state; and
providing for the distribution of the taxes on gas severed from
Marcellus Shale or by fracturing if sold or transported out of the
state.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance.
By Senator Klempa:
Senate Bill No. 40--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§11-13CC-1, §11-13CC-2, §11-13CC-3 and §11-13CC-4, all relating to
creating a tax credit for businesses that properly compost trash
and unused food rather than use the normal means of dumping trash
and unused food into a noncomposting dumpster; providing for
eligibility of the credit; providing for the amount of the credit;
and authorizing the Tax Commissioner to promulgate legislative
rules to administer the tax credit.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Green, Jenkins and Plymale:
Senate Bill No. 41--A Bill to amend and reenact §16-5-21 of
the Code of West Virginia, 1931, as amended, relating to fetal
death reporting; and creating the Grieving Parents Act.
Referred to the Committee on the Judiciary.
By Senators Foster and Miller:
Senate Bill No. 42--A Bill to amend and reenact §17C-5-2 of
the Code of West Virginia, 1931, as amended, relating to making it
a felony to drive a vehicle while under the influence of alcohol,
controlled substance or other drug that causes serious bodily
injury to another person; establishing penalties for first and
subsequent violations of certain provisions; and defining a term.
Referred to the Committee on the Judiciary.
By Senators Foster and D. Facemire:
Senate Bill No. 43--A Bill to amend and reenact §61-2-12 of
the Code of West Virginia, 1931, as amended, relating to the
criminal offenses of robbery and attempted robbery; creating
offenses of robbery or attempted robbery causing serious bodily
injury, robbery or attempted robbery with the discharge of a
firearm, robbery or attempted robbery causing bodily injury and
robbery or attempted robbery by presentation or threat of a deadly
weapon; creating offenses of general robbery or attempted robbery;
and establishing criminal penalties.
Referred to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 44--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §9-5-
22; and to amend and reenact §9-9-3 of said code, all relating to
permitting the state to opt out of a federal statute that would
otherwise not allow a state resident who has been convicted of a
felony involving a controlled substance from receiving certain
benefits provided by the Social Security Act and the Food Stamp
Act.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Foster and Kessler (Mr. President):
Senate Bill No. 45--A Bill to amend and reenact §60A-10-7 of
the Code of West Virginia, 1931, as amended, relating to the
Methamphetamine Laboratory Eradication Act; and requiring a
prescription for drug products that contain as an active ingredient
ephedrine, pseudoephedrine, phenylpropanolamine or other chemical
precursors of methamphetamine.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 46--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §62-
12-2a, relating to implementing the Honest Opportunity Probation
with Enforcement Program; providing legislative findings;
establishing a pilot project at the option of each circuit court;
requiring the parameters of the program to be agreed upon and
placed in the sentencing order; requiring frequent random drug
testing with instant result tests; and creating penalties for
violations, including incarceration, possible drug treatment or
removal from the program.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Beach, Kessler (Mr. President), Plymale, Williams,
Foster, Klempa and Unger:
Senate Bill No. 47--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-
14-15, relating to establishing the offense of unlawful use of a
wireless communication device while operating a motor vehicle on a
street or highway; providing exceptions and conditions for certain
lawful uses; including definitions; and providing criminal penalty.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Beach and Unger:
Senate Bill No. 48--A Bill to amend and reenact §17-22-4 of
the Code of West Virginia, 1931, as amended, relating to outdoor
advertising signs containing numerical displays composed of lights
or movable components that change no more often than once every
twenty-four hours.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senator Beach:
Senate Bill No. 49--A Bill to amend and reenact §61-2-14d of
the Code of West Virginia, 1931, as amended, relating to failing to
provide or return a minor child for visitation; and providing
penalties.
Referred to the Committee on the Judiciary.
By Senators Boley and Nohe:
Senate Bill No. 50--A Bill to amend and reenact §16-3-4 of the
Code of West Virginia, 1931, as amended, relating to requiring
parents who object to immunizations on the basis of their beliefs
to provide a written statement to that effect in lieu of
certificates showing proof of immunizations.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators Boley and Nohe:
Senate Bill No. 51--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §48-
8-104a, relating to providing that adultery is a bar to alimony in
a divorce proceeding; and providing for adjustment of alimony if a
party learns of adultery after entry of divorce decree.
Referred to the Committee on the Judiciary.
By Senators Tucker, Plymale, Minard and Chafin:
Senate Bill No. 52--A Bill to amend and reenact §29-21-9 of
the Code of West Virginia, 1931, as amended, relating to panel
attorneys; and providing that an attorney from the public defender
office shall be appointed by a judge in certain cases.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Tucker, Jenkins and Chafin:
Senate Bill No. 53--A Bill to amend and reenact §29-21-6 of
the Code of West Virginia, 1931, as amended, relating to requiring
public defender corporations of all the judicial circuits to be
centralized under the Executive Director of Public Defender
Services; and granting rule-making authority.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Green, D. Facemire, Williams, Beach and Stollings:
Senate Bill No. 54--A Bill to amend and reenact §16-38-3 and
§16-38-7 of the Code of West Virginia, 1931, as amended, all relating to prohibiting minors under the age of sixteen from
obtaining a tattoo; requiring a parent or legal guardian be present
at the tattoo studio and provide photo identification and written
consent for minors sixteen years of age or older; and providing for
penalties.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Beach:
Senate Bill No. 55--A Bill to amend and reenact §18B-4-5 of
the Code of West Virginia, 1931, as amended, relating to higher
education; general administration; and residency requirements for
persons appointed as campus police officers.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators Beach and Kessler (Mr. President):
Senate Bill No. 56--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§5-16-7f; to amend said code by adding thereto a new section,
designated §33-15-22; to amend said code by adding thereto a new
section, designated §33-16-18; and to amend said code by adding
thereto a new section, designated §33-16D-17, all relating to
insurance coverage; and requiring coverage of spouses and
dependents for pregnancy and contraceptive services.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Beach:
Senate Bill No. 57--A Bill to amend and reenact §19-1A-2 and §19-1A-3 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §19-1B-3 of said code, all relating to providing
additional protections for state forests and other public lands
where timbering operations are conducted.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 58--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §25-
6A-1, §25-6A-2, §25-6A-3, §25-6A-4, §25-6A-5, §25-6A-6 and §25-6A-
7, all relating to authorizing circuit courts to sentence
nonviolent felony offenders to work camps; requiring the
Commissioner of the Division of Corrections to establish work camps
for that purpose; providing definitions; determining eligibility;
policy; reporting requirements; requiring Legislative Auditor to
conduct a performance audit; and requiring liberal construction of
article.
Referred to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 59--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§16-44-1, §16-44-2, §16-44-3, §16-44-4, §16-44-5, §16-44-6,
§16-44-7, §16-44-8 and §16-44-9, all relating to creating the West
Virginia Swimming Pool Safety Act; stating purpose; defining terms;
establishing required safety features and building requirements for
residential swimming pools; setting forth requirements for the
Bureau for Public Health; and providing exemptions.
Referred to the Committee on the Judiciary.
By Senators Miller and Unger:
Senate Bill No. 60--A Bill to amend and reenact §17C-5-2 of
the Code of West Virginia, 1931, as amended, relating to making it
a felony to drive a vehicle while under the influence of alcohol,
controlled substance or other drug that causes serious bodily
injury to another person; and establishing penalties for first and
subsequent violations of certain provisions.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 61--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-
13A-4a, relating to clarifying the intent of the Legislature in
imposing the severance tax on the privilege of producing timber;
and providing for this clarification to be applied retrospectively.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Barnes, Sypolt and Nohe:
Senate Bill No. 62--A Bill to amend and reenact §11-5-1 of the
Code of West Virginia, 1931, as amended, relating to the assessment
of personal property; and exempting motor vehicles, including
automobiles, motorcycles, airplanes, trucks and tractors, that are
older than twenty-five years from taxable personal property.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 63--A Bill to amend and reenact §3-1-8 of the
Code of West Virginia, 1931, as amended, relating to elections and
nominating procedures generally; and expanding the scope of the
definition of a "political party".
Referred to the Committee on the Judiciary.
By Senators Barnes and Sypolt:
Senate Bill No. 64--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5, §61-14-6,
§61-14-7, §61-14-8, §61-14-9 and §61-14-10, all relating to
creating the Support Our Law Enforcement and Safe Neighborhoods
Act; defining terms; requiring cooperation among officials and
agencies; permitting lawful actions; establishing enforcement
procedures; requiring aliens to carry alien registration documents;
making it illegal to stop to pick up passengers for work; making it
illegal to transport, move, conceal, harbor or shield unauthorized
aliens; making it illegal to knowingly or intentionally employ
unauthorized aliens; making it illegal to file false and frivolous
complaints; creating the Intelligence Team Enforcement Mission
Fund; setting forth civil and criminal penalties; and establishing
a severability provision.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Barnes:
Senate Bill No. 65--A Bill to repeal §55-7-13 of the Code of
West Virginia, 1931, as amended; and to amend said code by adding
thereto three new sections, designated §55-7-13a, §55-7-13b and §55-7-13c, all relating to comparative fault; abolishing joint
liability; providing that damages be allocated to any defendant
held liable in direct proportion to that defendant's percentage of
fault; and providing for method of assessing fault of the parties.
Referred to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 66--A Bill to amend and reenact §3-8-12 of the
Code of West Virginia, 1931, as amended, relating to limitation of
distributing, handing out or otherwise dispensing public moneys by
elected officials within ninety days of elections.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Barnes:
Senate Bill No. 67--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto two new sections, designated
§33-42-9 and §33-42-10, all relating to the care of aborted
fetuses; requiring medical facilities that provide abortions to
administer anesthesia to an unborn fetus when aborted if it is
older than seven weeks; requiring all available medical means to be
used to preserve the life of a fetus if it is alive when aborted;
and providing criminal penalties for violations.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Barnes and Sypolt:
Senate Bill No. 68--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §33-
42-9, relating to prohibiting the performance of any abortion when the woman seeking it is doing so solely on account of the gender of
the fetus; and prescribing a criminal penalty for violations of
this section.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Barnes, Sypolt, Nohe, Williams and Unger:
Senate Bill No. 69--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-
21-10b, relating to providing a $250 tax credit to firefighters who
have up-to-date credentials during the taxable year.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Boley and Nohe:
Senate Bill No. 70--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §48-
24A-101, §48-24A-102, §48-24A-103, §48-24A-104, §48-24A-105, §48-
24A-106, §48-24A-107, §48-24A-108, §48-24A-109, §48-24A-110, §48-
24A-111, §48-24A-112, §48-24A-113 and §48-24A-114, all relating to
creating the Paternity Justice Act of 2012; providing short title;
making legislative findings and declarations; providing
definitions; permitting a motion to vacate judgment of paternity
and when it may be granted; appointing guardian ad litem for child;
providing for genetic testing procedures to aid in determination of
paternity; establishing who pays the costs of genetic testing;
setting forth when an order vacating judgment of paternity is not
to be entered; establishing what is to be considered in vacating
judgment of paternity; modification of child support; when Bureau for Child Support Enforcement may participate; when prior orders
are to be terminated; and providing that article does not affect
adoptions.
Referred to the Committee on the Judiciary.
By Senators Beach and Klempa:
Senate Bill No. 71--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §3-
13-1, §3-13-2, §3-13-3, §3-13-4, §3-13-5 and §3-13-6, all relating
to implementing an agreement among the states to elect the
President and Vice President by national popular vote; setting
forth who may be members to the agreement; establishing the manner
of appointing presidential electors in the member states; setting
forth the provisions of the agreement that the member states must
enact into state law; setting forth the responsibilities of certain
officials; and defining terms.
Referred to the Committee on the Judiciary.
By Senator Beach:
Senate Bill No. 72--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§17-17B-1, §17-17B-2, §17-17B-3, §17-17B-4, §17-17B-5, §17-17B-6,
§17-17B-7, §17-17B-8 and §17-17B-9, all relating to Parkways
Authority collection enforcement; creating the Safe and Efficient
Parkways Act; authorizing the electronic enforcement of collection
of tolls; establishing penalties for nonpayment and damage to
facilities; keeping certain information collected confidential and
not subject to the Freedom of Information Act; allowing limited
restricted and confidential access to certain information pursuant to subpoenas and court orders on a strictly confidential basis;
granting rule-making authority; and defining terms.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Foster, Klempa and Stollings:
Senate Bill No. 73--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §16-
44-1, §16-44-2 and §16-44-3, all relating to tanning facilities'
use by minors; defining terms; requiring consent for minors aged
fourteen to seventeen to use tanning devices within tanning
facilities; requiring parental accompaniment for minors under age
fourteen to use tanning devices within tanning facilities; and
specifying warning language and consent form language.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 74--A Bill to amend and reenact §36B-1-203 of
the Code of West Virginia, 1931, as amended, relating to certain
exemptions for small planned communities from the Uniform Common
Interest Ownership Act.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 75--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §19-
33-1, §19-33-2, §19-33-3, §19-33-4 and §19-33-5, all relating to
creating the Equine Rescue Facilities Act; providing definitions; licensing of equine facilities; providing for inspections;
authorizing legislative rules; and providing penalties.
Referred to the Committee on Agriculture; and then to the
Committee on Government Organization.
By Senator Unger:
Senate Bill No. 76--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§22-29-1, §22-29-2, §22-29-3 and §22-29-4, all relating to
requiring new facility projects of public agencies and projects
receiving state funds to be designed and constructed complying with
the International Code Council 2009, International Energy
Conservation Code and the ANSI/ASHRAE/IESNA Standard 90.1-2007.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Unger and Foster:
Senate Bill No. 77--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §60-
3A-3a; to amend and reenact §60-3A-4 of said code; and to amend
said code by adding thereto a new section, designated §60-7-9, all
relating to requiring certain employees of licensed private clubs
and retail outlets selling alcoholic beverages to take the
techniques for education and alcohol management course, the
training for intervention procedures course, alcohol awareness
programs provided by the American Hotel and Lodging Association or
the National Restaurant Association or other similar alcohol
awareness education courses provided or approved by the Alcohol
Beverage Control Commissioner; allowing for the training to be done onsite by a manager or supervisor; and providing legislative rule-
making authority.
Referred to the Committee on the Judiciary.
By Senators Unger and Jenkins:
Senate Bill No. 78--A Bill to amend and reenact §23-2-1 and
§23-2-1b of the Code of West Virginia, 1931, as amended; to amend
and reenact §23-2C-10 of said code; and to amend and reenact §33-2-
21a of said code, all relating to workers' compensation programs of
state government entities and their employees; defining
participants and exceptions thereto; including the West Virginia
Wing of the Civil Air Patrol in such coverage; designating the
Insurance Commissioner to manage workers' compensation risks of
state entities; creating a purchasing exemption for the program;
authorizing commissioner to assess fees; creating a fund in State
Treasury; authorizing investment of funds; permitting loan from
Insurance Commissioner's administrative fund to the state entities'
workers' compensation program fund and repayment to the
administrative fund; allowing coverage under assigned risk plan;
and authorizing Insurance Commissioner to propose legislative rules
and to adopt emergency rules.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Unger, Plymale, Foster and Klempa:
Senate Bill No. 79--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §17C-
14-15, relating to establishing the misdemeanor offense of unlawful
use of a wireless communication device for nonvoice interpersonal communication while operating a motor vehicle on a street or
highway; providing definitions; providing exceptions; and
establishing misdemeanor criminal penalties.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Miller, Foster and Stollings:
Senate Bill No. 80--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §18C-
3-4, relating to health professionals student loan programs;
providing in-state tuition rates to out-of-state medical and
osteopathic students who agree to practice for a specific time in
an underserved area within West Virginia; setting forth the
conditions for approval in the program; providing for repayment;
and granting rule-making authority.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Unger, Kessler (Mr. President), D. Facemire,
Williams and Klempa:
Senate Bill No. 81--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §15-
2-5a, relating to compensation of State Police for off-duty time
when they are required to be on standby to be called back to work;
and providing a stipend for housing cost for officers who reside in
and are assigned to the top five counties according to median
monthly housing cost.
Referred to the Committee on Finance.
By Senator Miller:
Senate Bill No. 82--A Bill to amend and reenact §31B-8-809 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§31D-14-1420 of said code; to amend and reenact §31D-15-1530 of
said code; to amend and reenact §31E-13-1320 of said code; and to
amend and reenact §31E-14-1430 of said code, all relating to
permitting the Secretary of State to dissolve a corporate entity if
its professional license has been revoked or is in default with the
Bureau of Employment Programs.
Referred to the Committee on the Judiciary.
By Senators Barnes and Williams:
Senate Bill No. 83--A Bill to amend and reenact §51-2A-3 of
the Code of West Virginia, 1931, as amended, relating to courts and
their officers; family courts; and adding one family court judge to
the twenty-third family court circuit.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Jenkins:
Senate Bill No. 84--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§18-5D-1, §18-5D-2, §18-5D-3, §18-5D-4, §18-5D-5, §18-5D-6,
§18-5D-7, §18-5D-8, §18-5D-9, §18-5D-10, §18-5D-11, §18-5D-12,
§18-5D-13, §18-5D-14, §18-5D-15, §18-5D-16, §18-5D-17, §18-5D-18
and §18-5D-19, all relating to public education; authorizing public
colleges or universities to sponsor community schools in
cooperation with county boards of education; providing short title;
stating legislative intent; providing definitions; stating powers
of community schools and requirements; providing for boards of trustees and their powers; establishing pilot project and terms of
application for project and terms and forms of agreement; providing
exemption from public schools facility rules; providing for
enrollment; providing for school staff and funding; transportation
of students; tort liability of community schools; requiring annual
reports and assessments; and providing causes for nonrenewal or
termination.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Jenkins:
Senate Bill No. 85--A Bill to amend and reenact sections 1, 2
and 3, chapter 232, Acts of the Legislature, regular session, 1997,
all relating to expanding the counties covered by West Virginia
Route 2 and Interstate 68 Authority to include Cabell, Mason and
Jackson counties; and increasing the number of voting members from
twenty to twenty-six.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Government
Organization.
By Senators Jenkins and Nohe:
Senate Bill No. 86--A Bill to amend and reenact §7-8-14 of the
Code of West Virginia, 1931, as amended, relating to requiring
defendants who are sentenced to jail to pay the costs of
incarceration; limiting the amount to be paid to thirty days; and
requiring the sentencing court to conduct a hearing at or before
sentencing to determine the individual's ability to pay the costs.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Jenkins and Plymale:
Senate Bill No. 87--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §62-
1-1a, relating to the temporary detention up to a maximum of six
hours of criminal suspects by law-enforcement officers to inquire
about the commission of a crime where probable cause appears to
exist.
Referred to the Committee on the Judiciary.
By Senators Jenkins, Williams, Klempa and Minard:
Senate Bill No. 88--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5 and §5B-2I-6, all
relating to creating the Jobs Impact Statement Act; requiring a
jobs impact statement for certain proposed legislation; making
legislative findings; setting forth the contents of a jobs impact
statement; and availability of the statements.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Jenkins, Nohe and Plymale:
Senate Bill No. 89--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §7-
11-7; to amend said code by adding thereto a new section,
designated §8-21-10a; and to amend said code by adding thereto a
new section, designated §20-5-23, all relating to immunity from
civil liability for operators of parks and recreation districts.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 90--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-
3-1c, relating to the method of appraising certain affordable
multifamily rental housing property for ad valorem property tax
purposes; and granting rule-making authority.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Jenkins and Sypolt:
Senate Bill No. 91--A Bill to amend and reenact §3-1-16 of the
Code of West Virginia, 1931, as amended; to amend and reenact §3-
4A-11a of said code; to amend said code by adding thereto a new
section, designated §3-5-6a; to amend and reenact §3-5-7, §3-5-13
and §3-5-13a of said code; and to amend said code by adding thereto
a new section, designated §3-6-2a, all relating to the nonpartisan
election of Justices of the Supreme Court of Appeals; timing and
frequency of election; ballot design and printing; separation from
partisan ballot; nonpartisan election of justices; filing
announcement of candidacies; withdrawal of announcement of
candidacies; refund of paid filing fees; and ballot content and
form.
Referred to the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 92--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-
21-10b, relating to personal income tax; providing a credit against that tax for fees paid for recycling; and granting rule-making
authority.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Jenkins and Nohe:
Senate Bill No. 93--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §61-
11-27, relating to requiring an additional five years of
incarceration when utilizing a minor in the commission of a crime.
Referred to the Committee on the Judiciary.
By Senators Jenkins and Plymale:
Senate Bill No. 94--A Bill to amend and reenact §23-2-1 of the
Code of West Virginia, 1931, as amended, relating to providing that
taxicab companies are not required to subscribe to or pay into the
Workers' Compensation Fund by having insurance policies approved by
the Insurance Commissioner.
Referred to the Committee on the Judiciary.
By Senators Sypolt, Miller, D. Facemire and Nohe:
Senate Bill No. 95--A Bill to amend and reenact §19-25-2 of
the Code of West Virginia, 1931, as amended, relating to limiting
a landowner from civil liability for injuries that may occur to a
person or property on the landowner's property or surrounding
property caused while hunting.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Sypolt and Williams:
Senate Bill No. 96--A Bill to amend and reenact §52-1-8 of the Code of West Virginia, 1931, as amended, relating to redefining the
basis for disqualification of prospective jurors to include those
who have been convicted of any crime punishable by imprisonment in
excess of one year or any crime involving dishonesty or false
statement, regardless of the punishment.
Referred to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 97--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §22-
29-1, §22-29-2, §22-29-3 and §22-29-4, all relating to creating the
Intrastate Coal and Use Act; establishing that the environmental
regulation of coal and certain coal products mined and used within
the state are exclusively regulated by the West Virginia Department
of Environmental Protection; stating legislative authority; and
defining terms.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 98--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-
15-9o, relating generally to consumers sales and service tax
liability of homeowners' associations and their members; and
exempting from tax dues, fees and assessments paid to homeowners'
associations by members thereof which are to be used by the
homeowners' association acting in its representative capacity for
all members to purchase for the members, rather than sell to the
members, such goods and services.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Sypolt:
Senate Bill No. 99--A Bill to amend and reenact §55-2-6a of
the Code of West Virginia, 1931, as amended, relating to imposing
a statute of limitations for the bringing of a civil action derived
from the actual surveying of real property more than ten years
after the performance or furnishing of the services.
Referred to the Committee on the Judiciary.
By Senator Palumbo:
Senate Bill No. 100--A Bill to amend and reenact §59-1-11 of
the Code of West Virginia, 1931, as amended, relating to collection
of fees by circuit clerks; and removing the requirement that the
circuit court charge three times the amount of actual postage when
mailing documents.
Referred to the Committee on the Judiciary.
By Senators Yost, Jenkins, Nohe, Williams, Klempa and Unger:
Senate Bill No. 101--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
all military, National Guard and Reserve income from state income
taxes.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senators Yost, Jenkins, Sypolt, Nohe, Klempa and Unger:
Senate Bill No. 102--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §20-5-19a, relating to providing a fifty-percent discount to members of the West Virginia National Guard and the
West Virginia National Guard Reserve in campground rental fees in
state parks.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Plymale, Jenkins, Stollings, Unger and Browning:
Senate Bill No. 103--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §18-2-39 and §18-2-40, all relating to improving public
education results; requiring the state board to promulgate a rule
establishing a high-quality digital learning program; specifying
ten elements the program must encompass which are elements
pertaining to student eligibility, student access, personalized
learning, advancement, content, instruction, digital learning
providers, assessment and accountability, funding and delivery;
recognizing the State Board of Education's Middle School Global 21
initiative including its goals, objectives and process; recognizing
that the State Board of Education is seeking state funding for the
implementation of the initiative; and requiring State Board of
Education to report to the Legislative Oversight Commission on
Education Accountability at certain intervals on the implementation
of the initiative until fully implemented.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Edgell and D. Facemire:
Senate Bill No. 104--A Bill to amend and reenact §11-24-11b of
the Code of West Virginia, 1931, as amended, relating to the corporation net income tax; providing a credit for utility
taxpayers with net operating loss carryovers; and providing a
different procedure for determining the credit.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Jenkins:
Senate Bill No. 105--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-8-19c, relating to making it a misdemeanor to wager
at animal fighting ventures; creating the misdemeanor offense of
conducting, financing, managing, supervising, owning or leasing any
part of an animal fighting venture or the premises on which it
takes place with knowledge that wagering is occurring; and
providing a criminal penalty.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Edgell, Jenkins, Kessler (Mr. President) and
Plymale:
Senate Bill No. 106--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §4-1-24, relating to providing that faculty and staff at
state institutions of higher education are eligible to a seat in
the Legislature.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators Sypolt and Williams:
Senate Bill No. 107--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article,
designated §47-26-1, §47-26-2, §47-26-3, §47-26-4, §47-26-5 and
§47-26-6, all relating to creating the West Virginia Firearms
Freedom Act; exempting firearms, a firearm accessory or ammunition
manufactured and retained in West Virginia from federal regulation
under the Commerce Clause of the Constitution of the United States;
providing short title; legislative declarations of authority;
providing definitions; prohibitions; exceptions; and marketing of
firearms.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Jenkins, Plymale and Foster:
Senate Bill No. 108--A Bill to amend and reenact §50-1-4 of
the Code of West Virginia, 1931, as amended, relating to
requirements to serve as a magistrate; requiring a bachelor's
degree or associate's degree; providing exceptions to educational
requirements; providing internal operative date; clarifying
training requirements; and deleting antiquated provisions.
Referred to the Committee on the Judiciary.
By Senators Jenkins and Foster:
Senate Bill No. 109--A Bill to amend and reenact §16-5O-2,
§16-5O-3 and §16-5O-4 of the Code of West Virginia, 1931, as
amended, all relating to permitting unlicensed personnel to
administer or assist with administration of medications in certain
circumstances; defining terms; and providing exemptions from
licensure.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Unger, Beach and Klempa:
Senate Bill No. 110--A Bill to amend and reenact §31-15C-4 of
the Code of West Virginia, 1931, as amended, relating to expanding
the powers and duties of the Broadband Deployment Council.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Government
Organization.
By Senators Unger, D. Facemire, Williams and Klempa:
Senate Bill No. 111--A Bill to amend and reenact §15-2-3 and
§15-2-5 of the Code of West Virginia, 1931, as amended, all
relating to maintaining a minimum of eight hundred state troopers
by July 1, 2015; and increasing the salary increase received at the
end of two years of service with the West Virginia State Police to
$580.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Yost and Klempa:
Senate Bill No. 112--A Bill to amend and reenact §18A-4-8b of
the Code of West Virginia, 1931, as amended, relating to county
boards of education; temporary reassignment of injured or ill
service personnel under specified conditions; compensation and
benefits; vacancies and job postings; and expiration of
reassignments.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Yost, Jenkins, Miller, D. Facemire, Foster, Klempa and Unger:
Senate Bill No. 113--A Bill to amend and reenact §2-2-1a of
the Code of West Virginia, 1931, as amended, relating to observing
the week in which December 7 falls as a special memorial week to be
known as Pearl Harbor and Military Appreciation Week; and directing
the State Department of Education to implement a program involving
students which recognizes the contributions made by West Virginians
in the United States military.
Referred to the Committee on the Judiciary.
By Senators Yost and D. Facemire:
Senate Bill No. 114--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-44-1, §16-44-2, §16-44-3, §16-44-4, §16-44-5 and
§16-44-6, all relating to creating the Medication Therapy
Management Act; and specifying that fees for third-party providers
pay for the therapy under this act.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Yost, Miller and Klempa:
Senate Bill No. 115--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-2I-1, §5B-2I-2, §5B-2I-3 and §5B-2I-4, all relating
to creating the Keep Jobs in West Virginia Act; requiring all work
performed for the state by contractors be performed in the United
States; making legislative findings; permitting the state to seek
damages and void contracts for work done outside the country; and
providing exceptions.
Referred to the Committee on Labor; and then to the Committee
on Government Organization.
By Senators Yost, Sypolt and Nohe:
Senate Bill No. 116--A Bill to amend and reenact §11-3-9 of
the Code of West Virginia, 1931, as amended, relating to exempting
from taxation motor vehicles owned by members of the armed forces
of the United States while serving in a designated war zone.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Yost, Jenkins, Miller, Sypolt Nohe and Klempa:
Senate Bill No. 117--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
all military retirement income from state income tax.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senator Foster:
Senate Bill No. 118--A Bill to amend and reenact §37-9-1, §37-
9-2, §37-9-3 and §37-9-4 of the Code of West Virginia, 1931, as
amended, all relating to termination of a residential lease upon
the death of a tenant; defining terms; requiring notice and payment
of certain rent; prohibiting waiver; and providing date for
applicability of provisions.
Referred to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 119--A Bill to amend and reenact §11-10-13c
and §11-10-13f of the Code of West Virginia, 1931, as amended, all
relating to notice and removal of personal property from real property after a tax sale.
Referred to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 120--A Bill to amend and reenact §38-2-36 of
the Code of West Virginia, 1931, as amended, relating to permitting
a person to file a bond in escrow with a court in an amount
sufficient to cover a mechanic's lien.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 121--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §2-1-3, relating to making English the official language
of West Virginia.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Sypolt:
Senate Bill No. 122--A Bill to amend and reenact §18B-2A-4 of
the Code of West Virginia, 1931, as amended, relating to
prohibiting abortions at state college or university medical
facilities except when the abortion is necessary to save the life
of the woman receiving the abortion.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 123--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §8A-2-4a, relating to requiring an equal number of
members from each magisterial district on county planning
commissions.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 124--A Bill to amend and reenact §11-21-21 of
the Code of West Virginia, 1931, as amended, relating to changing
the qualifier for low income to three hundred percent or less of
the federal poverty guideline from one hundred fifty percent or
less of the federal poverty guideline for a senior citizens'
homestead tax credit.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Yost and Klempa:
Senate Bill No. 125--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §29-6A-1, §29-6A-2, §29-6A-3, §29-6A-4, §29-6A-5, §29-
6A-6, §29-6A-7, §29-6A-8, §29-6A-9, §29-6A-10, §29-6A-11, §29-6A-
12, §29-6A-13, §29-6A-14, §29-6A-15, §29-6A-16, §29-6A-17, §29-6A-
18, §29-6A-19, §29-6A-20, §29-6A-21, §29-6A-22, §29-6A-23, §29-6A-
24, §29-6A-25 and §29-6A-26, all relating to promoting orderly and
constructive employment relations between the state and its
employees; increasing the efficiency of the state; ensuring the
health and safety of the citizens of this state; requiring the
state to recognize, negotiate and bargain with employee
organizations representing state employees and to enter into written agreements evidencing the result of bargaining; and
encouraging labor peace through the establishment of standards and
procedures which protect the rights of the state, the state's
employees and the citizens of this state.
Referred to the Committee on Labor; and then to the Committee
on Government Organization.
By Senators Prezioso, Klempa and Unger:
Senate Bill No. 126--A Bill to amend and reenact §17C-13-6 of
the Code of West Virginia, 1931, as amended, relating to requiring
a removable windshield placard that is issued to a person with a
mobility impairment to have on the placard a photograph of the
person to whom the placard is issued; and requiring physician
approval of mobility impaired applications.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Sypolt and Beach:
Senate Bill No. 127--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §24A-2-4c, relating to requiring all open or open-topped
motor carriers engaged in the transportation of solid waste to be
equipped and operated with truck tarpaulins; and providing
misdemeanor penalties and fines for operator-drivers and owners for
violations of this section.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Sypolt and Nohe:
Senate Bill No. 128--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-9o, relating to a sales tax exemption for
veterinary medications.
Referred to the Committee on Agriculture; and then to the
Committee on Finance.
By Senator Sypolt:
Senate Bill No. 129--A Bill to amend and reenact §36-3-5a of
the Code of West Virginia, 1931, as amended, relating to
descriptions of easements and rights-of-way in deeds and similar
instruments.
Referred to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 130--A Bill to amend and reenact §62-3-3 of
the Code of West Virginia, 1931, as amended, relating to changing
the number of strikes in jury selection in felony cases to provide
four strikes each to the accused and the prosecution.
Referred to the Committee on the Judiciary.
By Senators Yost, Jenkins and Nohe:
Senate Bill No. 131--A Bill to amend and reenact §20-2-42c of
the Code of West Virginia, 1931, as amended, relating to allowing
members of the West Virginia National Guard or its Reserve to
obtain free hunting and fishing licenses while serving in the West
Virginia National Guard or its Reserve and license for life upon
full retirement.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senator Sypolt:
Senate Bill No. 132--A Bill to amend and reenact §22A-2-66 of
the Code of West Virginia, 1931, as amended, relating to providing
the Director of the Office of Miners' Health, Safety and Training
some discretion in determining the penalty to impose upon operators
failing to provide immediate notice upon the occurrence of a mining
accident; and increasing allowable reporting time.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Plymale, Jenkins and Foster:
Senate Bill No. 133--A Bill to amend and reenact §29-22A-10
and §29-22A-10b of the Code of West Virginia, 1931, as amended, all
relating to the net terminal income allocated to the Development
Office Promotion Fund and the Cultural Facilities and Capitol
Resources Matching Grant Program Fund; and technical amendments.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Chafin, Miller, Nohe and Klempa:
Senate Bill No. 134--A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to providing
that the Commissioner of the Division of Highways may issue ten-
year vehicle registration plates to recipients of the Bronze Star
Medal.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Wells, Yost, Edgell, D. Facemire, Helmick, Sypolt,
Jenkins, Miller, Nohe, Plymale and Unger:
Senate Bill No. 135--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections,
designated §30-1-6a and §30-1-6b, all relating to the professional
and occupational licensure and registration of former and current
members of the armed forces of the United States; requiring
consideration of military education, training and experience for
qualification for professional licensure; providing legislative
findings; requiring acceptance of certain military education,
training and experience toward qualification for licensure or
registration; providing rule-making authority for licensing or
registration boards; providing exceptions; and requiring the
extension of licenses and the waiver of certain requirements for
licenses or registration of persons and accompanying spouses on
active duty in the armed forces of the United States.
Referred to the Committee on Military; and then to the
Committee on Government Organization.
By Senators Wells, Yost, Edgell, D. Facemire, Helmick, Sypolt,
Jenkins, Miller, Nohe, Plymale, Foster, Klempa and Minard:
Senate Bill No. 136--A Bill to amend and reenact §59-1-10 of
the Code of West Virginia, 1931, as amended, relating to death
certificates of military veterans; and providing for the issuance,
without charge, of up to five certified copies of a veteran's death
certificate by the clerk of the county commission.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senators Snyder and Unger:
Senate Bill No. 137--A Bill to amend and reenact §29-22C-27 of
the Code of West Virginia, 1931, as amended, relating to use of lottery funds for public works projects.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Palumbo and Unger:
Senate Bill No. 138--A Bill to amend and reenact §17-16A-29 of
the Code of West Virginia, 1931, as amended, relating to extending
the discount for West Virginia EZ Pass transponders to all other
toll roads; and requiring an annual public informational session in
the affected counties.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Palumbo and Foster:
Senate Bill No. 139--A Bill to amend and reenact §17C-15-49 of
the Code of West Virginia, 1931, as amended, relating to making the
offense of failure to wear safety belts a primary offense; and
modifying fines.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators K. Facemyer and D. Facemire:
Senate Bill No. 140--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18A-2-15, relating to school personnel; and requiring
boards of education to hire the most qualified person for
extracurricular activities.
Referred to the Committee on Education.
By Senators K. Facemyer and Miller:
Senate Bill No. 141--A Bill to amend and reenact §16-9A-3 of the Code of West Virginia, 1931, as amended, relating to increasing
the penalties for use or possession of tobacco or tobacco products
by a person under eighteen years of age; increasing fines and
community service requirements; and providing, upon a second
offense, for revocation of the person's junior or graduated
driver's license until the minor attains eighteen years of age or
if the person does not yet have a driver's license, the person is
ineligible to apply for any type of driver's license until the
minor attains eighteen years of age.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Unger and Snyder:
Senate Bill No. 142--A Bill to amend and reenact §51-2-1 of
the Code of West Virginia, 1931, as amended, relating to
authorizing an additional circuit court judge for the twenty-third
judicial circuit consisting of Berkeley, Jefferson and Morgan
counties.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Unger and Miller:
Senate Bill No. 143--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §24-2-9a, relating to the Public Service Commission's
duty to analyze and report to the Legislature on the broadband
markets available in West Virginia; survey rates; services; market
penetration; availability for people with disabilities; and
universal service for low-income communities.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Government
Organization.
By Senator Unger:
Senate Bill No. 144--A Bill to amend and reenact §20-2-37 of
the Code of West Virginia, 1931, as amended, relating to allowing
shooters who are in possession of a firearm in or near the woods to
not have to possess a valid hunting license.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 145--A Bill to amend and reenact §18B-10-1 of
the Code of West Virginia, 1931, as amended, relating to
prohibiting a student's silence or inaction as being an assent to
health insurance coverage offered by a state institution of higher
education.
Referred to the Committee on Education.
By Senator Unger:
Senate Bill No. 146--A Bill to amend and reenact §7-2-2 of the
Code of West Virginia, 1931, as amended, relating to requiring
county commissions to change magisterial district boundary lines
after every decennial census as necessary to achieve, as nearly as
practicable, equal numbers of population, but in no event exceed a
variation of ten percent; and updating notice provisions and other
archaic language.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Stollings:
Senate Bill No. 147--A Bill to amend and reenact §51-2A-8 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §62-1D-6 of said code, all relating to cellular telephone
communications; making express that wiretapping evidentiary
provisions apply to matters in family court; and providing that
cellular phone communications, including texting, are confidential
and not subject to discovery in civil proceedings.
Referred to the Committee on the Judiciary.
By Senators K. Facemyer and Williams:
Senate Bill No. 148--A Bill to amend and reenact §4-11A-3 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§19-1-4 of said code; and to amend said code by adding thereto a
new section, designated §19-1-4e, all relating to the Tobacco
Settlement Fund; duties of the Commissioner of the Department of
Agriculture; duty to assist farmers to make the transition from
growing tobacco to growing other crops or pursuing other
agriculture-related businesses; creating the Transition Program for
Tobacco Farmers' Fund; and creating the Transition Program for
Tobacco Farmers.
Referred to the Committee on Agriculture; and then to the
Committee on Finance.
By Senators Unger, Miller and Kessler (Mr. President):
Senate Bill No. 149--A Bill to amend and reenact §36-8A-2,
§36-8A-3 and §36-8A-5 of the Code of West Virginia, 1931, as
amended, all relating to the disposition of forfeited or abandoned
firearms in state custody.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Foster, Jenkins, Browning, Hall and Plymale:
Senate Bill No. 150--A Bill to amend and reenact §5-10-31 of
the Code of West Virginia, 1931, as amended, relating to the
maximum contribution rate to be paid by a participating public
employer under the West Virginia Public Employees Retirement
System.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Barnes and Williams:
Senate Bill No. 151--A Bill to amend and reenact §19-29-2 of
the Code of West Virginia, 1931, as amended, relating to definition
of "nontraditional agriculture".
Referred to the Committee on Agriculture; and then to the
Committee on Natural Resources.
By Senators Wells, Yost, Edgell, D. Facemire, Helmick, Sypolt,
Jenkins, Nohe, Williams, Foster, Klempa and Unger:
Senate Bill No. 152--A Bill to amend and reenact §21A-6-3 of
the Code of West Virginia, 1931, as amended, relating to
unemployment benefits for certain spouses of military personnel;
providing that an individual who has voluntarily quit employment to
accompany a spouse serving in active military service who has been
reassigned from one military assignment to another is not
disqualified for benefits; and providing that the account of the
employer of the individual who leaves employment to accompany a
spouse reassigned from one military assignment to another may not be charged for those benefits.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senators Klempa, Beach and Kessler (Mr. President):
Senate Bill No. 153--A Bill to amend and reenact §11-13W-1 of
the Code of West Virginia, 1931, as amended, relating to increasing
the tax credits for apprenticeship training in construction trades.
Referred to the Committee on Labor; and then to the Committee
on Finance.
By Senators Kessler (Mr. President), Beach and Unger:
Senate Bill No. 154--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31D-16-1621, relating to the disclosure of corporate
political activities to shareholders, the Secretary of State and
the public.
Referred to the Committee on the Judiciary.
By Senators Kessler (Mr. President), Plymale and Browning:
Senate Bill No. 155--A Bill to amend and reenact §5-10-25 of
the Code of West Virginia, 1931, as amended, relating to the Public
Employees Retirement System; and preventing reduction of disability
pensions at age sixty-five.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Laird, Tucker, Yost, Barnes, D. Facemire, Klempa
and Unger:
Senate Bill No. 156--A Bill to amend and reenact §25-7-11 of
the Code of West Virginia, 1931, as amended, relating to allowing the Commissioner of Corrections to use excess funds from the
Correctional Industries Account for certain operational costs of
the division; and creating special revenue accounts for the excess
funds.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Klempa, Edgell, Yost, Williams, Beach, Kessler
(Mr. President), Prezioso and Sypolt:
Senate Bill No. 157--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-13A-5b, relating to reallocating and dedicating
three percent of oil and gas severance tax revenues up to $20
million annually to the oil- and gas-producing counties of origin
and their respective municipalities; establishing state and local
oil and gas county reallocated severance tax funds and providing
for distribution of the moneys to the county commissions and
governing bodies of the municipalities by the State Treasurer;
establishing amounts each oil- and gas-producing county and their
respective municipalities are to receive; requiring the creation of
local funds into which moneys are to be deposited; requiring moneys
be expended solely for economic development projects and
infrastructure projects; providing definitions; providing
restrictions on the expenditure of moneys; providing duties of
State Tax Commissioner; requiring report of expenditures to Joint
Committee on Government and Finance; providing audits of
distributed funds when authorized by the Joint Committee on
Government and Finance; and authorizing legislative and emergency rules.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance.
By Senators Kessler (Mr. President) and Unger:
Senate Bill No. 158--A Bill to amend and reenact §5-15-4 of
the Code of West Virginia, 1931, as amended, relating to requiring
that handicap restroom facilities and stalls in all public places
be constructed with two handrails or grab bars to accommodate
persons in wheelchairs and other persons who need assistance.
Referred to the Committee on Government Organization.
By Senator Plymale:
Senate Bill No. 159--A Bill to amend and reenact §18-10A-2a of
the Code of West Virginia, 1931, as amended, relating to basing
county salary supplement equivalent pay rate for Division of
Rehabilitation Services teachers on supplement of county where
division administrative headquarters are located.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Minard, Jenkins, Williams and Unger:
Senate Joint Resolution No. 1--Proposing an amendment to the
Constitution of the State of West Virginia, amending section one-b,
article X thereof, relating to homestead exemption increase;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Sypolt:
Senate Joint Resolution No. 2--Proposing an amendment to the
Constitution of the State of West Virginia, amending article III
thereof by adding thereto a new section, designated section twenty-
three, relating to the marriage protection amendment; prohibiting
the state from recognizing same-sex marriages; prohibiting the
state from recognizing a legal status for relationships that are
similar to marriage; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of
such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Sypolt:
Senate Joint Resolution No. 3--Proposing an amendment to the
Constitution of the State of West Virginia, amending section one-b,
article X thereof, relating to homestead exemption increase;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Sypolt:
Senate Joint Resolution No. 4--Proposing an amendment to the
Constitution of the State of West Virginia, amending section one,
article VI thereof; amending section two, article XIV thereof; and
amending said Constitution by adding thereto a new article,
designated article XV, all relating to the legislative powers held
by the people of the state and the Legislature; power of the
registered voters and power of the Legislature to propose amendments to this Constitution; reservation by and to the people
and registered voters of this state the powers of initiative,
referendum and recall at all levels of government in this state;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Sypolt:
Senate Joint Resolution No. 5--Proposing an amendment to the
Constitution of the State of West Virginia, amending section
fourteen, article VII thereof, relating to creating a veto session
of the Legislature to consider bills vetoed by the Governor;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Snyder, Miller and Unger:
Senate Joint Resolution No. 6--Proposing an amendment to the
Constitution of the State of West Virginia, amending section one-b,
article X thereof, relating to homestead exemption increase;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senators Chafin, Beach, Klempa and Stollings offered the
following resolution:
Senate Concurrent Resolution No. 1--Requesting the Division of Highways to name bridge number 30-3/5-3.01, in Mingo County, the
"Brittany Nicole Dentro Memorial Bridge".
Whereas, Brittany Nicole Dentro was born at Williamson
Memorial Hospital in 1991, the daughter of Tony and Ginger Dentro;
and
Whereas, Brittany Nicole Dentro lived in Lenore, West
Virginia, where she attended Lenore from Kindergarten through the
eighth grade and played softball, basketball and was a cheerleader;
and
Whereas, Brittany Nicole Dentro attended Logan High School,
where she participated in many activities, including coaching the
Tug Valley Midget League cheerleading team; and
Whereas, Brittany Nicole Dentro loved spending time with her
sisters, Alisha and Heather; and
Whereas, Brittany Nicole Dentro was diagnosed with juvenile
diabetes at the age of eight; and
Whereas, Brittany Nicole Dentro attended a diabetes camp in
Wheeling and Charleston, West Virginia, Camp Kno-Koma, where she
eventually became a counselor to help others with other young
children diagnosed with diabetes; and
Whereas, Brittany Nicole Dentro enjoyed helping her
grandfather operate his convenience store and helping her
grandmother with patients in the ICU at Williamson Memorial
Hospital; and
Whereas, Brittany Nicole Dentro would have graduated from
Logan High School in May 2009, and was planning to attend Marshall
University, where she was accepted in the nursing program and planned on becoming a registered nurse; and
Whereas, Sadly, Brittany Nicole Dentro passed on April 20,
2009, bringing to an end a young, precious life that was filled
with compassion and love for others and unlimited potential; and
Whereas, Brittany Nicole Dentro left behind a host of family
and friends all of whom will miss her dearly; and
Whereas, It is fitting, to name this bridge as a memorial to
the life of Brittany Nicole Dentro; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name bridge number 30-3/5-3.01, in Mingo County, the "Brittany
Nicole Dentro Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Brittany Nicole Dentro Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and the family of Brittany Nicole
Dentro.
Which, under the rules, lies over one day.
Senators Beach, Klempa and Unger offered the following
resolution:
Senate Concurrent Resolution No. 2--Requesting the Division of
Highways to name bridge number 31-43-2.48(4303) on County Route 43
and crossing Morgan's Run Road in Monongalia County, West Virginia,
the "Colonel Zackquill Morgan Memorial Bridge-Founder of
Morgantown".
Whereas, Colonel Zackquill Morgan was a son of a Welsh-born
Colonel Morgan Morgan and mother, Catherine Garretson Morgan in
Berkeley County, Virginia now West Virginia in 1735. He served the
Virginia forces during the French and Indian War participating in
both the ill-fated Braddock's expedition and the more successful
expedition by General Forbes in 1758. He rendered valuable service
as leader of the rear guard during the Revolutionary War and
advance guard of the Republic, serving in the capacity as "County
Lieutenant" of Monongalia County with the title of Colonel during
the Revolutionary War. Colonel Zackquill Morgan commanded
approximately 600 Virginia Minute Men with General Gates during the
Battle of Saratoga in October 1777, having lost nearly half his men
in this battle; and
Whereas, Colonel Zackquill Morgan accompanied by his brother
David Morgan migrated to the region now known as Monongalia County,
having had land surveyed for him on April 29, 1778, to include 220
acres on Decker's Creek and the Monongahela River. In 1782, with
the extension of the Mason-Dixon line, Colonel Zackquill Morgan's
home and county seat became part of Pennsylvania and as such moved
south to what was then called Morgan's Town, establishing the
county court in Colonel Morgan's home while a new courthouse was
under construction. In October 1785, by request of Colonel
Zackquill Morgan, the Virginia General Assembly specified that 50
acres of land be surveyed to establish half acre lots and a town
named Morgan's Town, Virginia, now known as Morgantown, West
Virginia to be established on this site. Colonel Zackquill Morgan
maintained and operated the town's first tavern in 1783 and lived in a house on Front Street until his death on January 1, 1795,
several years after peace had been declared with England. He was
buried in a remote cemetery at Prickett's Fort, Marion County,
Virginia, the grave was marked by a simple sandstone slab with the
words "Z. M. Morgan, Jan. 1, 1795" crudely chiseled into its face;
and
Whereas, Colonel Zackquill Morgan shall be remembered as
having served throughout the Revolutionary War and as founder of
present day Morgantown, West Virginia, and the life and
contributions of Colonel Zackquill Morgan shall be recognized and
honored; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 31-43-2.48(4303) on County Route 43 and crossing
Morgan's Run Road in Monongalia County, West Virginia, the "Colonel
Zackquill Morgan Memorial Bridge-Founder of Morgantown"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs at each entry of said bridge,
containing bold and prominent letters proclaiming the bridge to be
the "Colonel Zackquill Morgan Memorial Bridge-Founder of
Morgantown"; and, be it
Further Resolved, That the Clerk of the Senate is directed to
forward a certified copy of this resolution to the Secretary of
Transportation and the Zackquill Morgan Chapter Daughters of the
American Revolution.
Which, under the rules, lies over one day.
Without objection, the Senate returned to the third order of business.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 1--Extending an invitation to
His Excellency, the Governor, to deliver an address to the
Legislature and raising a Joint Assembly therefor.
Whereas, His Excellency, the Governor, has advised that he
will be pleased to address a Joint Assembly of the Senate and House
of Delegates at the convenience of the two houses; therefore, be it
Resolved by the Legislature of West Virginia:
That His Excellency, the Governor, be hereby invited to
address a Joint Assembly of the Legislature at 7:00 o'clock
postmeridian this day; and, be it
Further Resolved, That the President of the Senate and the
Speaker of the House of Delegates appoint three members of each of
the respective houses of the Legislature as a committee to wait
upon His Excellency, the Governor, and escort him into the Hall of
the House of Delegates at the time herein appointed for hearing the
address.
At the request of Senator Unger, and by unanimous consent, the
message was taken up for immediate consideration and reference of
the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Whereupon, the President appointed as Senate members of such
committee, authorized by the foregoing resolution, the following:
Senators Unger, Minard and Hall.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Pending announcement of a meeting of a standing committee of
the Senate, including a minority party caucus,
On motion of Senator Unger, the Senate recessed until 6:50
p.m. today.
Upon expiration of the recess, the Senate reconvened.
The hour of 7 p.m. having arrived, that being the time set for
the joint assembly to hear the address of His Excellency, the
Governor, the Senate recessed until ten minutes after adjournment
of the joint assembly. Members of the Senate then repaired in a
body to the hall of the House of Delegates.
***
(NOTE: For formal procedure in the joint assembly and the
address of His Excellency, the Governor, the Honorable Earl Ray
Tomblin, see the Journal of the House of Delegates for this day.)
__________
Night Session
The joint assembly having been dissolved, the Senate returned
to its chamber and resumed its regular session.
Executive Communications
Senator Kessler (Mr. President) presented the following
communication from His Excellency, the Governor, submitting the
executive budget and annual budget bill, which was received and
read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
January 11, 2012
Senate Executive Message No. 1
The Honorable Jeffrey V. Kessler
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Kessler:
I herewith submit, pursuant to the Constitution of the State
of West Virginia, a budget and budget bill for the fiscal year
beginning July 1, 2012.
Very truly yours,
Earl Ray Tomblin,
Governor.
Subsequently, Senator Kessler (Mr. President) laid before the
Senate the aforementioned annual budget bill,
By Senators Kessler (Mr. President) and Hall (By Request of
the Executive):
Senate Bill No. 160--A Bill making appropriations of public
money out of the Treasury in accordance with section fifty-one,
article VI of the Constitution.
Which was read by its title and referred to the Committee on
Finance.
Senator Kessler (Mr. President) announced appointment of the standing committees of the Senate for this second session of the
eightieth Legislature, and at the request of Senator Unger, and by
unanimous consent, the complete list was ordered printed in the
Journal as follows:
STANDING COMMITTEES OF THE SENATE
2012
__________
AGRICULTURE
Senators Miller (
Chair), Williams (
Vice Chair), Beach,
Fanning, Helmick, Laird, Minard, Snyder, K. Facemyer, Nohe and
Sypolt.
BANKING AND INSURANCE
Senators Minard (
Chair), Wills (
Vice Chair), Chafin, Fanning,
Green, Helmick, McCabe, Palumbo, Prezioso, Tucker, Hall, K.
Facemyer and Nohe.
CONFIRMATIONS
Senators Edgell (
Chair), Chafin (
Vice Chair), Browning, D.
Facemire, Plymale, Miller, Snyder, Hall and Sypolt.
ECONOMIC DEVELOPMENT
Senators Browning (
Chair), Klempa (
Vice Chair), Chafin, D.
Facemire, Helmick, Kirkendoll, McCabe, Prezioso, Snyder, Stollings,
Wells, Hall, K. Facemyer and Sypolt.
EDUCATION
Senators Plymale (
Chair), Wells (
Vice Chair), Beach, Browning,
Chafin, Edgell, Foster, Laird, Stollings, Tucker, Wills, Unger,
Barnes and Boley.
ENERGY, INDUSTRY AND MINING
Senators D. Facemire (
Chair), Kirkendoll (
Vice Chair), Beach,
Helmick, Jenkins, Klempa, Minard, Stollings, Snyder, Yost, K.
Facemyer, Nohe and Sypolt.
ENROLLED BILLS
Senators Tucker (
Chair), Jenkins (
Vice Chair), McCabe, Wells
and Barnes.
FINANCE
Senators Prezioso (
Chair), D. Facemire (
Vice Chair), Chafin,
Edgell, Green, Helmick, Laird, McCabe, Miller, Plymale, Stollings,
Unger, Wells, Yost, Boley, Hall and Sypolt.
GOVERNMENT ORGANIZATION
Senators Snyder (
Chair), Miller (
Vice Chair), Browning,
Foster, Green, Jenkins, Kirkendoll, Klempa, McCabe, Minard,
Williams, Yost, Boley and Sypolt.
HEALTH AND HUMAN RESOURCES
Senators Stollings (
Chair), Laird (
Vice Chair), Foster,
Kirkendoll, Miller, Palumbo, Plymale, Prezioso, Tucker, Wills,
Yost, Boley and Hall.
INTERSTATE COOPERATION
Senators Klempa (
Chair), Tucker (
Vice Chair), Chafin, Palumbo,
Wells, Nohe, Sypolt and Kessler (
ex officio).
JUDICIARY
Senators Palumbo (
Chair), Wills (
Vice Chair), Beach, Browning,
Fanning, Foster, Jenkins, Kirkendoll, Klempa, Minard, Snyder,
Tucker, Unger, Williams, Barnes, K. Facemyer and Nohe.
LABOR
Senators Yost (
Chair), Miller (
Vice Chair), Edgell, Fanning,
Foster, Green, Klempa, Williams, Wills, Barnes and Nohe.
MILITARY
Senators Wells (
Chair), Yost (
Vice Chair), Edgell, Green,
Jenkins, Laird, Williams, Barnes and Boley.
NATURAL RESOURCES
Senators Laird (
Chair), Fanning (
Vice Chair), Beach, Edgell,
D. Facemire, Green, Helmick, Prezioso, Williams, Wills, Barnes,
Boley and K. Facemyer.
PENSIONS
Senators Foster (
Chair), Edgell (
Vice Chair), Jenkins, McCabe,
Plymale, Hall and Nohe.
RULES
Senators Kessler (
Chair), Browning, Minard, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Unger, Boley and Hall.
TRANSPORTATION AND INFRASTRUCTURE
Senators Beach (
Chair), Klempa (
Vice Chair), D. Facemire,
Fanning, Kirkendoll, Plymale, Tucker, Barnes and K. Facemyer.
________
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Thursday, January 12, 2012, at 11 a.m.
____________
Webmaster | © 2024 West Virginia Legislature **
