Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

FIRST DAY

____________

Charleston, W. Va., Wednesday, January 8, 2014

    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 eighth day of January, two thousand fourteen, for the second annual sixty-day session of the eighty-first 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 Jim McQuerrey, Associate Pastor of Worship Ministries, Bible Center Church, Charleston, West Virginia.

    On the call of the roll, the following answered to their names:

    Senators Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President).

    Thirty-three members having answered to their names, the President declared the presence of a quorum.

    The following communication was reported by the Clerk:

 THE SENATE OF WEST VIRGINIA

Charleston

January 7, 2014

The Honorable Joseph M. Minard

Clerk, West Virginia Senate

State Capitol

Charleston, West Virginia

Dear Mr. Clerk:

    Please be advised that I changed my party registration from Democrat to Republican on July 31, 2013.

                             Sincerely,

                               Evan H. Jenkins,

                                 Fifth Senatorial District.

    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 Cann, D. Hall and Carmichael.

    Subsequently, Senator Cann reported that the committee had performed the duty assigned to it.

    The first message this session from the House of Delegates, by

    Delegates Poore, Tomblin and Raines, 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 eighty-first 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 Kirkendoll, Fitzsimmons and Sypolt.

    A message from the House of Delegates, by

    Delegates Campbell, Barker and Hamilton, 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 Kirkendoll reported that the joint Senate and House committee had performed the duty assigned to it.

    The Senate proceeded 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.

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

    Delegates Campbell, Barker and Hamilton.

    At the request of Senator Unger, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.

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

    Whereupon, the President appointed as Senate members of such committee, authorized by the foregoing resolution, the following:

    Senators Unger, Edgell and M. Hall.

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

    At the request of Senator Unger, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.

    On motion of Senator Unger, the Senate recessed until 6:40 p.m. today.

    Upon expiration of the recess, the Senate reconvened.

    Senator Kessler (Mr. President) presented a communication from the Legislative Rule-Making Review Committee, submitting its annual report, in accordance with chapter twenty-nine-a, article three, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Senate proceeded to the sixth order of business.

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

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

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

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

    By Senators Stollings, Unger, Jenkins, Miller, Laird and Yost:

    Senate Bill No. 2--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j; and to amend said code by adding thereto a new section, designated §11-24-25, all relating to providing a tax incentive to dental practitioners to perform dental services at no cost to indigent patients as defined in these sections.

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

    By Senators Kirkendoll, Cookman, Blair, Fitzsimmons, D. Hall, Nohe, Wells, Miller, McCabe, Tucker and M. Hall:

    Senate Bill No. 3--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §36-12-1, §36-12-2, §36-12-3, §36-12-4, §36-12-5, §36-12-6, §36-12-7, §36-12-8, §36-12-9, §36-12-10, §36-12-11, §36-12-12, §36-12-13, §36-12-14, §36-12-15, §36-12-16 and §36-12-17, all relating to creating the Uniform Real Property Transfer on Death Act; authorizing the transfer of real property effective at the time of a transferor’s death; providing for applicability and nonexclusivity of this method of transferring real property; providing that a transfer on death deed is revocable and nontestamentary; establishing the capacity of transferor; setting forth requirements for a transfer on death deed; providing that transfer on death deed exempt from payment of excise tax on the privilege of transferring real estate; providing that notice, delivery, acceptance or consideration are not required; providing requirements for revocation of deed; setting forth the effect of transfer on death deed during a transferor’s life and effect of the deed at transferor’s death; providing a disclaimer; providing for liberal construction; providing for uniformity of application and construction; setting forth article’s relation to the Electronic Signatures in Global and National Commerce Act; and defining terms.

    Referred to the Committee on the Judiciary.

    By Senators Kirkendoll, Cookman, Blair, Fitzsimmons, D. Hall, Nohe, Wells and McCabe:

    Senate Bill No. 4--A Bill to repeal §29-4-3, §29-4-4, §29-4-5, §29-4-6, §29-4-7, §29-4-8, §29-4-12, §29-4-13, §29-4-14, §29-4-15 and §29-4-16 of the Code of West Virginia, 1931, as amended; to repeal §29C-1-101, §29C-1-102, §29C-1-103, §29C-1-104, §29C-1-105, §29C-1-106 and §29C-1-107 of said code; to repeal §29C-2-201, §29C-2-202, §29C-2-203, §29C-2-204, §29C-2-205, §29C-2-206, §29C-2-207, §29C-2-208 and §29C-2-301 of said code; to repeal §29C-3-101 and §29C-3-102 of said code; to repeal §29C-4-101, §29C-4-102, §29C-4-103, §29C-4-104, §29C-4-201, §29C-4-202, §29C-4-203, §29C-4-301, §29C-4-401, §29C-4-402, §29C-4-403, §29C-4-404 and §29C-4-405 of said code; to repeal §29C-5-101, §29C-5-102, §29C-5-103 and §29C-5-104 of said code; to repeal §29C-6-101, §29C-6-102, §29C-6-103, §29C-6-201, §29C-6-202, §29C-6-203 and §29C-6-204 of said code; to repeal §29C-7-101, §29C-7-201 and §29C-7-202 of said code; to repeal §29C-8-101 of said code; to repeal §29C-9-101 of said code; to repeal §39-1A-1, §39-1A-2, §39-1A-3, §39-1A-4, §39-1A-5, §39-1A-6, §39-1A-7, §39-1A-8 and §39-1A-9 of said code; to amend and reenact §39-1-4 and §39-1-5 of said code; to amend said code by adding thereto a new article, designated §39-4-1, §39-4-2, §39-4-3, §39-4-4, §39-4-5, §39-4-6, §39-4-7, §39-4-8, §39-4-9, §39-4-10, §39-4-11, §39-4-12, §39-4-13, §39-4-14, §39-4-15, §39-4-16, §39-4-17, §39-4-18, §39-4-19, §39-4-20, §39-4-21, §39-4-22, §39-4-23, §39-4-24, §39-4-25, §39-4-26, §39-4-27, §39-4-28, §39-4-29, §39-4-30, §39-4-31, §39-4-32, §39-4-33, §39-4-34, §39-4-35, §39-4-36, §39-4-37 and §39-4-38; to amend and reenact §57-4-2 of said code; to amend and reenact §57-5-9 of said code; and to amend and reenact §59-1-2 of said code, all relating to the Revised Uniform Law on Notarial Acts; establishing effective date of article; establishing an operative date of enactment and the effect on existing law; establishing the authority to perform notarial acts; establishing requirements for certain notarial acts; requiring a personal appearance and the identification of an individual; authorizing the right to refuse to perform a notarial act; establishing instructions for obtaining a signature if an individual is unable to sign; setting forth who may perform a notarial act in this state; establishing notarial reciprocity with other states, any federally recognized Indian tribe, the federal government and foreign states; requiring a certificate for a notarial act; authorizing short-form certificates; requiring an official stamp and the maintenance and disposition of a stamping device; requiring notaries public to keep a journal of notarial acts; authorizing notaries public the option of selecting a technology for use in notarial acts on electronic records; establishing minimum qualifications and authorizing the commissioning of notaries public; requiring a bond; requiring notaries public pass an examination after a course of study offered by the Secretary of State; providing grounds to deny, refuse to renew, revoke, suspend or condition commissions of notaries public; requiring Secretary of State to maintain a database of notaries public; prohibiting certain acts; authorizing the validity of notarial acts; authorizing the Secretary of State to promulgate rules; authorizing the continuation of a commission in effect on the effective date of the act; providing that any notarial act performed before the effective date of the act is not invalidated by the act; providing for the uniformity of the application and construction of the act; clarifying the relationship to the Electronic Signatures in Global and National Commerce Act; establishing maximum fees that may be charged by a notary public; commissioning notaries public for state and local government; establishing civil liability and criminal penalties; authorizing injunctive relief; authorizing the Secretary of State to investigate complaints; requiring the Secretary of State to maintain certain records; establishing an application fee; providing for the disposition of fees; repealing statutes regulating notaries public and commissioners including the Uniform Notary Act; repealing the Uniform Recognition of Acknowledgments Act; and removing obsolete references.

    Referred to the Committee on the Judiciary.

    By Senators Kirkendoll, Cookman, Blair, Fitzsimmons, D. Hall, Nohe, Wells and McCabe:

    Senate Bill No. 5--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 creating the Uniform Real Property Electronic Recording Act; providing short title; defining terms; clarifying validity of electronic documents and electronic signatures; providing for recording of electronic documents; requiring any county clerk implementing the provisions of the act to comply with established standards; authorizing county clerks to receive, index, store, archive and transmit electronic documents; authorizing county clerks to allow public access, search and retrieval of electronic documents; allowing county clerks to convert paper documents accepted for recording into electronic documents; authorizing county clerks to collect electronically any tax or fee relating to electronic recording of real property documents they are authorized by law to collect; authorizing county clerks to agree with other jurisdictions on procedures or processes necessary for electronic recording of documents; creating the Real Property Electronic Recording Standards Council to develop the standards necessary to electronically record real property documents; authorizing a legislative rule; providing for a report and recommendations to the Legislature; providing that members of the Real Property Electronic Recording Standards Council pay their own expenses; setting forth areas for consideration when adopting or changing standards; providing for uniformity of application and construction of the act; and providing that this act modifies, limits and supersedes certain parts of the federal Electronic Signatures in Global and National Commerce Act.

    Referred to the Committee on the Judiciary.

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

    Senate Bill No. 6--A Bill to repeal §60A-10-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-2-210 and §60A-2-212 of said code; and to amend and reenact §60A-10-2, §60A-10-3, §60A-10-4 and §60A-10-7 of said code, all relating to the Methamphetamine Lab Eradication Act and the prevention of the production of methamphetamine; requiring certain drug products be obtained by prescription only; moving certain drug products from Schedule V to Schedule IV; providing an exception for drug products that cannot be feasibly converted into methamphetamine; making legislative findings; defining terms; prohibiting pharmacies from selling certain drugs that can be used in the production of methamphetamine without a prescription; creating a criminal offense for possession of certain substances without a prescription with intent to transfer to another to make methamphetamine; permitting the sale of certain drugs without a prescription where the Board of Pharmacy determines that the drugs are not feasible for being used for the manufacture of methamphetamine; updating the maximum amounts persons are permitted to purchase of certain drugs that cannot feasibly be converted into methamphetamine; adjusting the requirements of the Multi-State Real-Time Tracking System; removing certain outdated language; and providing rule-making authority to the Board of Pharmacy to implement emergency and legislative rules, which will provide procedures for which products may be sold over-the-counter and which require a prescription and other information necessary to implement the Methamphetamine Lab Eradication Act.

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

    By Senators Snyder, Laird and Miller:

    Senate Bill No. 7--A Bill to amend and reenact §4-3-1 of the Code of West Virginia, 1931, as amended, relating to the composition of the Joint Committee on Government and Finance.

    Referred to the Committee on Rules.

    By Senators Snyder, Blair, Unger and Cookman:

    Senate Bill No. 8--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-11G-1, §47-11G-2, §47-11G-3, §47-11G-4, §47-11G-5, §47-11G-6 and §47-11G-7, all relating to prohibiting the practice of zone pricing; defining “zone pricing” as the setting of different wholesale prices for retail motor fuel that operate in different geographic areas; setting forth legislative findings and intent; establishing unlawful acts; making directors, officers and agents of an entity also liable; permitting causes of actions and injunctions; setting forth responsibilities of the Attorney General; establishing criminal penalties; and providing that certain contracts are unenforceable.

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

    By Senators Palumbo, Jenkins, Miller, Cookman, Laird and Fitzsimmons:

    Senate Bill No. 9--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-9B-1, §15-9B-2 and §15-9B-3, all relating to establishing a regulatory system for sexual assault forensic examinations; requiring the creation of the Sexual Assault Forensic Examination Commission; setting forth its powers and responsibilities; setting forth its membership; requiring county prosecutors to convene and chair local sexual assault forensic examination boards; and authorizing rulemaking.

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

    By Senators Stollings, Miller and Laird:

    Senate Bill No. 10--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-12a, relating to the Department of Health and Human Resources and Medicaid; and requiring the coverage by Medicaid of dental services for the mother of a child who is the recipient of Medicaid services.

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

    By Senator Stollings:

    Senate Bill No. 11--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; stating expressly that wiretapping evidentiary provisions apply to family court proceedings; providing an exception; and providing that cellular phone communications, including texting, are confidential and are not subject to discovery or admissible as evidence in civil proceedings.

    Referred to the Committee on the Judiciary.

    By Senator Stollings:

    Senate Bill No. 12--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-4F-1, §16-4F-2, §16-4F-3, §16-4F-4 and §16-4F-5; to amend and reenact §30-3-14 and §30-3-16 of said code; to amend and reenact §30-7-15a of said code; to amend and reenact §30-14-11 of said code; and to amend and reenact §30-14A-1 of said code, all relating to treatment for a sexually transmitted disease; defining terms; permitting prescribing of antibiotics to sexual partners of a patient without a prior examination of the partner; requiring patient counseling; establishing counseling criteria; requiring information materials be prepared by the Department of Health and Human Resources; providing limited liability for providing expedited partnership therapy; providing that health care professionals and pharmacists are not liable for not providing expedited partner therapy or filling certain prescriptions; requiring legislative rules regarding what is considered a sexually transmitted disease; and providing that physicians, physician assistants and advanced nurse practitioners are not subject to disciplinary action for providing expedited partner therapy.

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

    By Senator Stollings:

    Senate Bill No. 13--A Bill to amend and reenact §29-26-2 of the Code of West Virginia, 1931, as amended, relating to modifying funding assistance from the Courthouse Facilities Improvement Authority; and changing the definition of facilities that are eligible for funding assistance from courthouse facilities that are occupied by county or judicial officials to ones that are currently owned and occupied by those officials or upon renovation will be owned and occupied by those officials.

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

    By Senators Stollings and Laird:

    Senate Bill No. 14--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto six new sections, designated §48-14-1101, §48-14-1102, §48-14-1103, §48-14-1104, §48-14-1105 and §48-14-1106, all relating to establishing a child support insurance match program that will assist the Bureau for Child Support Enforcement in determining whether a claimant has a child support obligation; requiring certain insurance companies to notify the bureau of nonrecurring insurance settlements; providing exemptions; setting forth additional information insurance companies must provide; setting forth the bureau’s and the insurance companies’ respective obligations; requiring health insurance companies to participate in a data matching program with the bureau to assist in determining the availability of sources of health care insurance or coverage for beneficiaries of the child support program; setting forth what information is to be supplied by the insurance companies and providing exceptions; exempting insurance companies from liability for providing the requested information; granting the bureau enforcement responsibilities; establishing monetary penalties; and authorizing rulemaking.

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

    By Senator Stollings:

    Senate Bill No. 15--A Bill to amend and reenact §16-3C-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-4-19 of said code, all relating to removing the limitations on billing patients for HIV and sexually transmitted disease testing done by state or local public health agencies; and clarifying provisions relating to performing HIV or STD tests on a person accused of a sexual offense.

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

    By Senators Stollings and Miller:

    Senate Bill No. 16--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 §33-15-4l; to amend said code by adding thereto a new section, designated §33-16-3x; to amend said code by adding thereto a new section, designated §33-24-7m; to amend said code by adding thereto a new section, designated §33-25-8j; and to amend said code by adding thereto a new section, designated §33-25A-8l, all relating generally to requiring health insurance coverage of hearing aids for individuals under eighteen years of age; providing an effective date for coverage; providing definitions; setting age limitations; providing coverage limits and time frames; providing that the provisions are only required to the extent required by federal law; and modifying required benefits for accident and sickness insurance, group accident and sickness insurance, hospital medical and dental corporations, health care corporations, health maintenance organizations and under the West Virginia Public Employees Insurance Act.

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

    By Senators Stollings, Jenkins, Miller, Cookman, Laird and Fitzsimmons:

    Senate Bill No. 17--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-4C-24, relating generally to allowing State Police, police, sheriffs and fire and emergency service personnel to possess Naloxone or other approved opioid antagonist to administer in opioid drug overdoses; defining terms; providing for training; establishing training requirements for first responders who may administer opioid antagonists; establishing criteria under which a first responder may administer an opioid antagonist; granting immunity to health care providers who prescribe, dispense or distribute Naloxone or other approved opioid antagonist related to a training program; granting immunity to initial responders who administer or fail to administer an opioid antagonist; providing for data gathering and reporting; and authorizing emergency rulemaking.

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

    By Senators Fitzsimmons, Cookman and Yost:

    Senate Bill No. 18--A Bill to amend and reenact §61-8A-1, §61-8A-2, §61-8A-3, §61-8A-4 and §61-8A-5 of the Code of West Virginia, 1931, as amended, all relating generally to the prohibition on the preparation, distribution or exhibition of harmful matter to minors; revising the definition of “obscene matter” to contain specific matter that is harmful to minors; and revising the article to reflect the definitional change.

    Referred to the Committee on the Judiciary.

    By Senators Fitzsimmons and Yost:

    Senate Bill No. 19--A Bill to amend and reenact §51-2A-6 of the Code of West Virginia, 1931, as amended, relating to increasing the compensation caps for secretary-clerks and case coordinators in the family court system.

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

    By Senator D. Hall:

    Senate Bill No. 20--A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code; to amend said code by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12 and §29-3E-13; and to amend and reenact §61-3E-1 and §61-3E-11 of said code, all relating to the regulation of fireworks; defining terms; setting forth the State Fire Marshal’s authority; requiring a registration, certification or permit; establishing the requirements for a registration, certification and permit; establishing a special revenue account; setting forth the State Fire Marshal’s rule-making authority; providing authority to investigate complaints; and providing criminal penalties.

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

    By Senators D. Hall, Cann and Beach:

    Senate Bill No. 21--A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931, as amended, relating to limiting the student-to-teacher ratio in preschool through twelfth grades; and adding additional pay to aides in classrooms over the maximum class size.

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

    By Senator Green:

    Senate Bill No. 22--A Bill to amend and reenact §5-10-48 of the Code of West Virginia, 1931, as amended, relating to reemployment after retirement from the Public Employees Retirement System; and requiring cooperation and information sharing among the State Auditor, the Consolidated Public Retirement Board, the State Department of Administration, employers participating in the Public Employees Retirement System and contractors providing services to the state to permit the State Auditor to fully comply with the limiting post-retirement earnings requirements.

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

    By Senators Green and Miller:

    Senate Bill No. 23--A Bill to amend and reenact §16-5-21 of the Code of West Virginia, 1931, as amended, relating to fetal death reporting; permitting a birth certificate to be issued upon the death of a human embryo or fetus; setting forth what a certificate of birth resulting in stillbirth is to contain; establishing when a human being is live born; requiring a fetal death certificate be issued; defining terms; authorizing rulemaking; and creating the Grieving Parents Act.

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

    By Senators Green, Jenkins, Miller and McCabe:

    Senate Bill No. 24--A Bill to amend and reenact §55-7-16 of the Code of West Virginia, 1931, as amended, relating to immunity from liability for ski patrol rendering emergency care or assistance, without compensation, at any location.

    Referred to the Committee on the Judiciary.

    By Senators Green, Jenkins, D. Hall, Miller and Tucker:

    Senate Bill No. 25--A Bill to amend and reenact §18-2-4 of the Code of West Virginia, 1931, as amended, relating to requiring the appointment of the State Superintendent of Schools be with the advice and consent of the Senate.

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

    By Senators Green, D. Hall, Jenkins, Miller and Tucker:

    Senate Bill No. 26--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2 and §11-13DD-3, all relating to providing tax credits for use of emergency generators with mobile unit hookups by businesses with a minimum of fifty locations in this state; placing restrictions; permitting carryover; and requiring rulemaking.

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

    By Senator Green:

    Senate Bill No. 27--A Bill to amend and reenact §16-38-3 and §16-38-7 of the Code of West Virginia, 1931, as amended, all relating to tattoo studio business; prohibiting minors under the age of sixteen from obtaining tattoos; requiring that a parent or legal guardian be present at the tattoo studio and provide photo identification and written consent for minors sixteen years of age or older; and providing for criminal penalties.

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

    By Senators Green and McCabe:

    Senate Bill No. 28--A Bill to amend and reenact §3-8-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §6B-3-8a, all relating to contributions by lobbyists to political candidates; prohibiting lobbyists from making campaign contributions to certain persons during the sixty-day period of the regular legislative session; prohibiting certain persons from accepting campaign contributions from registered lobbyists during the sixty-day period of the regular legislative session; removing outdated language in code; clarifying prohibitions on solicitation of certain things of value; and creating criminal penalties.

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

    By Senator Green:

    Senate Bill No. 29--A Bill to amend and reenact §62-1A-10 of the Code of West Virginia, 1931, as amended, relating to clarifying requirements for certain motor vehicle searches.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 30--A Bill to amend and reenact §17B-2-7b of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-15-44 of said code, all relating to creating an exemption for autocycles, which are enclosed three-wheel motorcycles that are equipped with safety belts, a rollbar, a windshield, wipers and a steering wheel; creating an autocycle exemption from motorcycle examination, licensing and endorsement requirements, and allowing a person with a valid driver's license to operate an autocycle; creating an autocycle exemption from helmet and certain other safety requirements; and defining “autocycle”.

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

    By Senators Green and D. Hall:

    Senate Bill No. 31--A Bill to amend and reenact §29-3-11 of the Code of West Virginia, 1931, as amended, relating to the State Fire Marshal; requiring the State Fire Marshal to be appointed by the Governor by and with the advice and consent of the Senate; and permitting the Governor to remove the Fire Marshal under certain circumstances.

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

    By Senator Snyder:

    Senate Bill No. 32--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-2-4a; and to amend said code by adding thereto a new section, designated §30-1A-2a, all relating to the Legislative Auditor; authorizing the Legislative Auditor to establish and charge fees for the sunrise application review process; including reporting requirements; and terminating these fees on July 1, 2016.

    Referred to the Committee on Government Organization.

    By Senators Snyder, D. Hall, Cann, Williams and M. Hall:

    Senate Bill No. 33--A Bill to amend and reenact §15-2-5 and §15-2-7 of the Code of West Virginia, 1931, as amended, all relating to the State Police; increasing the salary of forensic lab employees $10,000 per year; and increasing the salary of general civilian employees $4,000 per year.

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

    By Senators Snyder and Cookman:

    Senate Bill No. 34--A Bill to amend and reenact §11-22-2 of the Code of West Virginia, 1931, as amended, relating to redistributing an existing excise tax paid upon the transfer of real property so that the tax is paid to the county where the property is situate instead of to the state; providing this be accomplished incrementally over a five-year period; requiring counties to dedicate this excise tax to support regional jails; and making stylistic changes.

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

    By Senators Williams, Miller, Plymale and Beach:

    Senate Bill No. 35--A Bill to amend and reenact §3-6-4a of the Code of West Virginia, 1931, as amended, relating to elections; requiring write-in candidates for public office to pay a filing fee for the office sought; and providing for distribution of the fee in the same manner as other candidates.

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

    By Senators Williams, Miller, Cann, Cookman, Tucker and Fitzsimmons:

    Senate Bill No. 36--A Bill to amend and reenact §20-2-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-3B-1 of said code, all relating to posting of property to prohibit hunting or trespassing; and allowing posting by certain clearly visible paint markings.

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

    By Senators Williams, Miller, Cann, Carmichael and Tucker:

    Senate Bill No. 37--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 Rural Development; and then to the Committee on Finance.

    By Senators Williams, D. Hall, Miller, Beach, Tucker and Fitzsimmons:

    Senate Bill No. 38--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 Government Organization; and then to the Committee on Finance.

    By Senators Williams and Cookman:

    Senate Bill No. 39--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 Tucker:

    Senate Bill No. 40--A Bill to amend and reenact §29-21-9 of the Code of West Virginia, 1931, as amended, relating to panel attorneys; and providing that an attorney from the public defender office shall be appointed by a judge in certain cases.

    Referred to the Committee on the Judiciary.

    By Senator Tucker:

    Senate Bill No. 41--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-10-3, relating to fees and other moneys collected at state institutions of higher education; and providing that the children of graduates of West Virginia institutions qualify for resident tuition rates.

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

    By Senators Tucker, Jenkins and Laird:

    Senate Bill No. 42--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-2E-1, relating to compelling the Division of Highways to build a four-lane highway between Chelyan, West Virginia, and Montgomery, West Virginia, named the Lou Tabit Freeway; and time frame for let to contract and contract.

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

    By Senators Tucker, D. Hall, Cookman and Beach:

    Senate Bill No. 43--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-42z, relating to creating a hunting license permitting crossbow hunting; and providing rule-making authority.

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

    By Senators Tucker and Beach:

    Senate Bill No. 44--A Bill to amend and reenact §7-18-3 of the Code of West Virginia, 1931, as amended, relating to including commercial campsites in the definition of “hotel” for the purposes of the hotel occupancy tax.

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

    By Senators Tucker and Fitzsimmons:

    Senate Bill No. 45--A Bill to amend and reenact §31A-4-8 of the Code of West Virginia, 1931, as amended, relating to directors of state-chartered banking institutions; and providing residency requirements for a majority of the directors of a state-chartered banking institution.

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

    By Senator Tucker:

    Senate Bill No. 46--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-1A-13, relating to creating an informal dispute resolution process available to behavioral health providers licensed by the Department of Health and Human Resources for orders or citations of deficient practice; setting forth how the process is to function; providing for independent review providers; setting forth how certain costs are to be handled; providing that the informal dispute resolution process does not affect the ability of a licensee to seek administrative and judicial review; and permitting injunctive relief.

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

    By Senator Tucker:

    Senate Bill No. 47--A Bill to amend and reenact §17A-6-10b of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-6C-2 of said code; to amend and reenact §17C-22-2 of said code; to amend and reenact §17D-4-2, §17D-4-7 and §17D-4-12 of said code; and to amend and reenact §33-6-31 and §33-6-31d of said code, all relating to the minimum proof of financial responsibility in motor vehicle insurance coverage; increasing minimum proof of financial responsibility amounts; changing sections that refer to the specific prior financial responsibility amounts to now refer to the amounts specified in §17D-4-2; and minimizing the administrative burden by not requiring new insurance offers and new forms for making offers of uninsured and underinsured coverage.

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

    By Senators Tucker, Beach and Williams:

    Senate Bill No. 48--A Bill to repeal §29-25-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-25-1, §29-25-2, §29-25-3, §29-25-5, §29-25-6, §29-25-9, §29-25-12, §29-25-15, §29-25-18, §29-25-19, §29-25-20, §29-25-21, §29-25-24, §29-25-28, §29-25-29, §29-25-30, §29-25-31, §29-25-32, §29-25-34, §29-25-35, §29-25-37 and §29-25-38 of said code; and to amend said code by adding thereto two new sections, designated §29-25-22b and §29-25-22c, all relating to gaming facilities; authorizing gaming facilities; permitting a rural resort community as limited gaming facility; defining terms; creating the Rural Resort Community Fund and Rural Resort Community Human Resource Benefit Fund; providing for the regulation and control of a rural resort community; and repealing the local option provision of this article.

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

    By Senator Tucker:

    Senate Bill No. 49--A Bill to repeal §33-25C-5, §33-25C-6, §33-25C-7, §33-25C-9 and §33-25C-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §33-16I-1, §33-16I-2, §33-16I-3 and §33-16I-4, all relating to adverse benefit determinations by insurance companies and managed care organizations; mandating utilization review and internal grievance procedures; providing for external review of adverse determinations; defining terms; providing for judicial review of certain decisions; providing that a decision rendered by an independent review organization that is adverse to the issuer is binding on the issuer and not subject to further review; preserving other causes of action; deleting similar provisions applicable to only health maintenance organizations; and directing promulgation of emergency rules and proposal of legislative rules.

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

    By Senators Tucker and M. Hall:

    Senate Bill No. 50--A Bill to amend and reenact §33-20F-4 of the Code of West Virginia, 1931, as amended, relating to deleting obsolete provisions regarding the Physicians' Mutual Insurance Company; and providing that the company need not be organized as a nonprofit corporation if the company remains a domestic mutual insurance company owned by its policyholders.

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

    By Senator Walters:

    Senate Bill No. 51--A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended, relating to the state public health system; proposal of rules by the secretary; and mandating requiring the installation of water-free urinals in public rest areas, institutions and schools.

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

    By Senator Walters:

    Senate Bill No. 52--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1-5b, relating to the creation of a pilot program for middle schools to incorporate the Khan Academy method of teaching mathematics in the classroom.

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

    By Senators Walters and Jenkins:

    Senate Bill No. 53--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3pp; to amend and reenact §8-12-5 of said code; and to amend and reenact §17-2A-8 of said code, all relating to authorizing the construction of improvements of streets, alleys, sidewalks, roads and highways by private investors in the state, counties and municipalities; permitting advertising by the private investors of the improvements; providing that the rates for the advertisements are to be determined by the Commissioner of Highways, the county commission and the municipality, respectively, for the various improvements; and requiring that money received from advertising sponsorship by private investors for improvements of state roads and highways be deposited in the State Road Fund.

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

    By Senators Walters and Miller:

    Senate Bill No. 54--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2 and §11-13DD-3; to amend and reenact §15-5-21 of said code; to amend said code by adding thereto a new section, designated §17-2A-8d; and to amend and reenact §55-7D-1 of said code, all relating to improving state emergency preparedness; creating an emergency generator tax credit for natural gas-, propane-, gasoline- or diesel-fueled machines; requiring the Office of Emergency Services to coordinate with local radio and television stations to broadcast public service announcements with information as to the location of emergency shelters; authorizing the Commissioner of Highways to erect signs relating to emergency shelters; providing tax credits for use of emergency generators; and providing a protection from civil or criminal liability to persons donating food during times of emergencies.

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

    By Senator Walters:

    Senate Bill No. 55--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-18f, relating to county boards of education; licensed school psychologists; and providing that the maximum licensed school psychologist-pupil ratio is fifteen hundred pupils for each licensed school psychologist.

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

    By Senator Walters:

    Senate Bill No. 56--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-3-6, relating to creating a pilot program that provides incentives to recipients of Temporary Assistance for Needy Families cash benefits whose children achieve certain standards of academic performance.

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

    By Senators Cookman, Miller, Laird, Plymale and Fitzsimmons:

    Senate Bill No. 57--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-2-4, relating to state responsibilities for the protection and care of children; requiring the West Virginia Department of Health and Human Resources, Child Protective Services and the West Virginia Division of Juvenile Services to develop, coordinate and implement the Child and Adolescent Needs and Strengths (CANS) evaluation developed by the Buddin Praed Foundation as the accepted system for outcomes evaluation in the State of West Virginia; requiring the West Virginia Department of Health and Human Resources to adopt certain rules and procedures to require staff members of residential and other out-of-home child care programs to meet qualifications; definitions; and requiring reports to the Governor and Legislature.

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

    By Senators Cookman, Miller, Plymale and Fitzsimmons:

    Senate Bill No. 58--A Bill to amend and reenact §48-3-103 and §48-3-105 of the Code of West Virginia, 1931, as amended, all relating to domestic relations law generally; clarifying that conviction of an offense punishable by incarceration for more than one year prior to the marriage and without the knowledge of the other party constitutes a basis for voiding a marriage; and clarifying that a party to a marriage who was unaware at the time of the marriage that his or her spouse had previously been convicted of an offense punishable by incarceration for more than one year may not institute an annulment action if he or she cohabited with that spouse after becoming aware of the conviction.

    Referred to the Committee on the Judiciary.

    By Senator Cookman:

    Senate Bill No. 59--A Bill to amend and reenact §12-3-18 of the Code of West Virginia, 1931, as amended, relating to claims against counties, school districts or municipalities.

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

    By Senator Cookman:

    Senate Bill No. 60--A Bill to amend and reenact §18-9-3a of the Code of West Virginia, 1931, as amended, relating to publication of financial statements by county boards of education; providing that only a notice of availability of the statement be published; and providing that the cost of publishing the notice be paid from the board’s general fund.

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

    By Senators Cookman and Fitzsimmons:

    Senate Bill No. 61--A Bill to amend and reenact §49-5-2 of the Code of West Virginia, 1931, as amended, relating to juvenile proceedings; increasing the number of certified legal education credits required to serve as a court-appointed attorney in juvenile cases; and providing for appointment of an attorney where an attorney who has completed the credits is not available.

    Referred to the Committee on the Judiciary.

    By Senators Cookman, Laird and Plymale:

    Senate Bill No. 62--A Bill to amend and reenact §62-15-7 of the Code of West Virginia, 1931, as amended, relating to authorizing drug courts to refer drug court participants who may have co-occurring addiction and mental illness conditions to properly licensed, certified mental health professionals for purposes of diagnosis and treatment; and directing the Department of Health and Human Resources to pay for the services using the Medicaid fee schedule if the participant is without insurance and unable to pay.

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

    By Senators Facemire, D. Hall, Unger, Cann and Williams:

    Senate Bill No. 63--A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as amended, relating to the State Police; and providing civilian employee pay increase.

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

    By Senators Facemire and Beach:

    Senate Bill No. 64--A Bill to amend and reenact §41-1-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §42-1-1 of said code, all relating to automatic revocation of a will upon legal separation; and excluding from the definition of “surviving spouse”, for purposes of descent and distribution, a person who is a party to a decree of legal separation.

    Referred to the Committee on the Judiciary.

    By Senator Facemire:

    Senate Bill No. 65--A Bill to amend and reenact §48-6-301 of the Code of West Virginia, 1931, as amended, relating to prohibiting the use or consideration of an income-producing asset for spousal support if the asset was the subject of equitable distribution.

    Referred to the Committee on the Judiciary.

    By Senator Facemire:

    Senate Bill No. 66--A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to the state’s jurisdiction over reclaimed sites of bond-forfeited surface mining operations.

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

    By Senator Facemire:

    Senate Bill No. 67--A Bill to amend and reenact §3-8-10 of the Code of West Virginia, 1931, as amended, relating to regulation and control of elections; use of certain contributions; and authorizing the use of excess contributions by the candidate to pay back any loans or debts from previous campaigns.

    Referred to the Committee on the Judiciary.

    By Senator Facemire:

    Senate Bill No. 68--A Bill to amend and reenact §22-27-3, §22-27-4, §22-27-5, §22-27-6 and §22-27-10 of the Code of West Virginia, 1931, as amended, all relating to limiting the liability of landowners, operators and contractors participating in water pollution abatement projects or making beneficial use of mine drainage, mine pool water and other water supplies; defining terms; establishing conditions for approval of reclamation and water pollution abatement projects; specifying limitations on liability; restricting the assumption of liability for making beneficial use of mine water; specifying exclusions of project sponsors and operators from certain determinations under environmental laws; and clarifying exceptions.

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

    By Senator Facemire:

    Senate Bill No. 69--A Bill to amend and reenact §11-1C-5b of the Code of West Virginia, 1931, as amended, relating to fair and equitable property valuation; assessment for purpose of calculating local share; sales ratio analysis of market value of real property; and specifying that the sixty-percent ratio of market value is to be based upon market value determined within the three-year period preceding the analysis.

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

    By Senator Facemire:

    Senate Bill No. 70--A Bill to amend and reenact §3-1-3a of the Code of West Virginia, 1931, as amended, relating to voting for president and vice president; and permitting voters who have moved to vote for those offices.

    Referred to the Committee on the Judiciary.

    By Senators Sypolt, Jenkins, McCabe, Carmichael, Cole and Nohe:

    Senate Bill No. 71--A Bill to amend and reenact §19-25-2 of the Code of West Virginia, 1931, as amended, relating to limiting a landowner’s civil liability for injuries that may occur to a person or property on the landowner’s property or surrounding property while hunting.

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

    By Senators Sypolt, D. Hall, Jenkins and Carmichael:

    Senate Bill No. 72--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-30-1, §22-30-2, §22-30-3 and §22-30-4, 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 Education; and then to the Committee on the Judiciary.

    By Senators Sypolt, Jenkins and Nohe:

    Senate Bill No. 73--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9o, relating to a sales tax exemption for veterinary medications.

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

    By Senator Sypolt:

    Senate Bill No. 74--A Bill to amend and reenact §11-21-21 of the Code of West Virginia, 1931, as amended, relating to changing the qualifier for low income from one hundred fifty percent or less of the federal poverty guideline to three hundred percent or less of the federal poverty guideline for a senior citizens’ homestead tax credit.

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

    By Senator Sypolt:

    Senate Bill No. 75--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8A-2-4a, relating to requiring an equal number of members from each magisterial district on county planning commissions.

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

    By Senators Sypolt, D. Hall, Jenkins and Williams:

    Senate Bill No. 76--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-27-1, §47-27-2, §47-27-3, §47-27-4, §47-27-5 and §47-27-6, all relating to creating the West Virginia Firearms Freedom Act; exempting firearms, a firearm accessory or ammunition manufactured and retained in West Virginia from federal regulation under the Commerce Clause of the Constitution of the United States; providing short title; legislative declarations of authority; providing definitions; prohibitions; exceptions; and marketing of firearms.

    Referred to the Committee on the Judiciary.

    By Senator Sypolt:

    Senate Bill No. 77--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 the Judiciary.

    By Senator Sypolt:

    Senate Bill No. 78--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-1-3, relating to making English the official language of West Virginia.

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

    By Senators Sypolt and Williams:

    Senate Bill No. 79--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; and setting forth the order the strikes are to be taken.

    Referred to the Committee on the Judiciary.

    By Senators Sypolt, D. Hall, Williams and M. Hall:

    Senate Bill No. 80--A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to permitting persons who have been issued state licenses to carry concealed deadly weapons to carry those weapons on the grounds of the State Capitol Complex, except for the third and fourth floors of the east wing of Building One.

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

    By Senators Sypolt and Williams:

    Senate Bill No. 81--A Bill to amend and reenact §48-5-510 of the Code of West Virginia, 1931, as amended; to amend and reenact §48-7-101 of said code; and to amend and reenact §48-8-103 and §48-8-105 of said code, all relating to excluding disability income received by a veteran from the United States Department of Veterans’ Affairs for service-related injuries from any calculation used to determine spousal support and the division of marital property in divorce proceedings; providing that the corpus of the estate of a veteran receiving disability income for service-related injuries cannot be used as a means of replacing the value of the disability income; and making stylistic changes.

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

    By Senators Sypolt and M. Hall:

    Senate Bill No. 82--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; exempting from consumers sales and service tax liability the dues, fees and assessments paid by members to homeowners’ associations when used by the homeowners’ association for payment of common expenses; taxable expenses of homeowners’ association; and definitions.

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

    By Senators Laird and Unger:

    Senate Bill No. 83--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j, relating to creating a West Virginia personal income tax modification reducing federal adjusted gross income for persons who choose to spay or neuter their dogs or cats.

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

    By Senator Laird:

    Senate Bill No. 84--A Bill to amend and reenact §29A-5-1 of the Code of West Virginia, 1931, as amended, relating to providing that hearing examiners conducting state agency administrative hearings be selected from a panel of five hearing examiners by a process in which the state agency first strikes two hearing examiners and the respondent subsequently strikes two hearing examiners; and making stylistic changes.

    Referred to the Committee on the Judiciary.

    By Senators Laird, Stollings, Miller, Cann, Plymale and Tucker:

    Senate Bill No. 85--A Bill to repeal §17B-3-3c of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §17B-3-14; and to amend and reenact §17B-4-3 of said code, all relating to the suspension or revocation of driver’s licenses; making legislative findings; establishing a driver’s license restoration program; waiving certain reinstatement requirements to restore driving privileges; reducing the period for suspension upon receipt of notice of driving while suspended for nondriving under the influence offenses; and granting rule-making authority.

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

    By Senators Laird, Stollings, Miller, Cookman, Beach and Fitzsimmons:

    Senate Bill No. 86--A Bill to amend and reenact §48-9-103 of the Code of West Virginia, 1931, as amended; and to amend and reenact §48-10-403 and §48-10-502 of said code, all relating to grandparent’s rights; permitting the grandparent or psychological parent to institute an action for custodial or decision-making responsibility of a child; allowing a guardian ad litem to recommend a psychological evaluation; increasing the importance of the factor considering the grandparent’s significant caretaking of the child; and minimizing a parent’s bias toward a grandparent as a factor.

    Referred to the Committee on the Judiciary.

    By Senators Laird, D. Hall, Unger, Miller and Plymale:

    Senate Bill No. 87--A Bill to amend and reenact §20-7-1a and §20-7-1c of the Code of West Virginia, 1931, as amended, all relating to providing an increase in compensation for natural resources police officers.

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

    By Senators Laird and Plymale:

    Senate Bill No. 88--A Bill to amend and reenact §33-22-2 of the Code of West Virginia, 1931, as amended, relating to farmers' mutual fire insurance companies; providing for verification of debris removal prior to the payment of proceeds; imposing a statutory lien on fire insurance proceeds in the event of a total loss to real property; requiring farmers' mutual fire insurance companies to notify insured and municipality or county after determining that a claim involves a total loss to real property; requiring a municipality or county to perfect the lien within thirty days of notice of a total-loss determination; providing for release of the lien upon satisfaction of certain conditions; clarifying obligations and liability; and deleting a reference to a repealed section of the code.

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

    By Senators Laird, Stollings and Miller:

    Senate Bill No. 89--A Bill to amend and reenact §17B-3-3c and §17B-3-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17B-3-9a, all relating to creating an amnesty program for certain persons with suspended licenses to allow reinstatement; establishing a time period and certain procedures for the amnesty program; creating exceptions to the amnesty period; making certain technical corrections; requiring certain tickets amnestied remain listed as unsatisfied on court records; requiring certain suspension or revocation time remaining be waived in certain situations; requiring a public awareness campaign regarding the amnesty program; and providing for rule-making authority.

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

    By Senators Laird, Cookman and Fitzsimmons:

    Senate Bill No. 90--A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to creating a criminal offense for interfering with or preventing a person from calling for the assistance of emergency service personnel; defining terms; and establishing criminal penalties.

    Referred to the Committee on the Judiciary.

    By Senators Yost and Fitzsimmons:

    Senate Bill No. 91--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-5a; to amend and reenact §15-2-10 of said code; to amend said code by adding thereto a new section, designated §18-2-23b; and to amend and reenact §18B-5-4 of said code, all relating to requiring all uniforms purchased by the state to be used or worn by employees of the state, including State Police officers, State Board of Education employees and employees of state institutions of higher education, to be manufactured in the United States; providing an effective date; and removing an outdated provision.

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

    By Senators Barnes, Miller, Walters and Nohe:

    Senate Bill No. 92--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-8, §15-14-9, §15-14-10 and §15-14-11, all relating to creating the State Animal Abuse Registry; defining terms; creating a registry of all persons convicted of animal abuse; requiring all persons convicted of animal abuse to register; setting forth the information to be provided when registering; requiring a registrant to pay a fee; creating the Central Abuse Registry Fund; determining how the money in the fund will be used; requiring the registry information to be public; providing an exception from being required to register; setting forth duties of animal breeders, animal shelters and pet stores; and providing criminal penalties.

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

    By Senator Barnes:

    Senate Bill No. 93--A Bill to repeal §11-1C-5b of the Code of West Virginia, 1931, as amended; to repeal §18-9A-2a of said code; and to amend and reenact §18-9A-2 and §18-9A-11 of said code, all relating to public school support computation of local share; removing provisions for using assumed assessed values for the purpose of computation; removing provisions for increasing counties’ local share responsibility for funding basic foundation education formula when property assessments are not at least fifty-four percent of market value as indicated by assessment ratio study; revising definitions; removing certain provisions relating to obligations created in special acts for certain counties to provide funding for public libraries; and encouraging county boards to support public libraries within their counties.

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

    By Senator Barnes:

    Senate Bill No. 94--A Bill to amend and reenact §7-7-7 of the Code of West Virginia, 1931, as amended, relating to requiring county commissions be notified before county officials may discharge county employees.

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

    By Senators Miller and Beach:

    Senate Bill No. 95--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to making it a felony to drive a vehicle while under the influence of alcohol, controlled substance or other drug and cause serious bodily injury to another person; and establishing penalties for first and subsequent violations of certain provisions.

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

    By Senators Miller, Unger, Laird, Plymale and Williams:

    Senate Bill No. 96--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 Education; and then to the Committee on Finance.

    By Senators Miller and Laird:

    Senate Bill No. 97--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-9A-4, relating to the funding of civil legal services to low-income persons.

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

    By Senators Miller and Cann:

    Senate Bill No. 98--A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to requirements for employment of nurses in public schools; changing the student-school nurse staffing ratio; expanding its coverage to all grades; and eliminating a county's ability to obtain contract services for nursing.

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

    By Senators Miller, Cookman and Fitzsimmons:

    Senate Bill No. 99--A Bill to amend and reenact §29-21-13a of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-6-2 of said code, all relating to the compensation and expenses for attorneys appointed by circuit courts in child abuse and neglect proceedings.

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

    By Senators Miller and Beach:

    Senate Bill No. 100--A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to the use of low-speed vehicles in municipalities; and authorizing municipalities to allow the operation of low-speed vehicles on roads in municipalities where the speed limit is not more than thirty-five miles per hour.

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

    [CLERK’S NOTE: Senate Bill No. 101 through Senate Bill No. 197 are recommended for introduction by the Legislative Rule-Making Review Committee and sponsored by Senator Snyder, Cochair.]

    By Senator Snyder:

    Senate Bill No. 101--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Chiropractic Examiners to promulgate a legislative rule relating to the regulation of chiropractic practice.

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

    By Senator Snyder:

    Senate Bill No. 102--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Chiropractic Examiners to promulgate a legislative rule relating to fees pertaining to the practice of chiropractic.

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

    By Senator Snyder:

    Senate Bill No. 103--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the board.

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

    By Senator Snyder:

    Senate Bill No. 104--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the formation and approval of professional limited liability companies.

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

    By Senator Snyder:

    Senate Bill No. 105--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, authorizing the Board of Dental Examiners to promulgate a legislative rule relating to fees established by the board.

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

    By Senator Snyder:

    Senate Bill No. 106--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the formation and approval of dental corporations; and dental practice ownership.

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

    By Senator Snyder:

    Senate Bill No. 107--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to dental advertising.

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

    By Senator Snyder:

    Senate Bill No. 108--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia Controlled Substances Monitoring Program database.

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

    By Senator Snyder:

    Senate Bill No. 109--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to continuing education requirements.

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

    By Senator Snyder:

    Senate Bill No. 110--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to administration of anesthesia by dentists.

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

    By Senator Snyder:

    Senate Bill No. 111--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the expanded duties of dental hygienists and dental assistants.

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

    By Senator Snyder:

    Senate Bill No. 112--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to mobile dental facilities and portable dental units.

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

    By Senator Snyder:

    Senate Bill No. 113--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Board of Examiners for Licensed Practical Nurses to promulgate a legislative rule relating to policies regulating licensure of the licensed practical nurse.

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

    By Senator Snyder:

    Senate Bill No. 114--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Board of Examiners for Licensed Practical Nurses to promulgate a legislative rule relating to fees for services rendered by the board and supplemental renewal fee for the Center for Nursing.

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

    By Senator Snyder:

    Senate Bill No. 115--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Board of Examiners for Licensed Practical Nurses to promulgate a legislative rule relating to continuing competence.

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

    By Senator Snyder:

    Senate Bill No. 116--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to continuing education for licensure of pharmacists.

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

    By Senator Snyder:

    Senate Bill No. 117--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to controlled substances monitoring.

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

    By Senator Snyder:

    Senate Bill No. 118--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Sanitarians to promulgate a legislative rule relating to the practice of public health sanitation.

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

    By Senator Snyder:

    Senate Bill No. 119--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Professional Surveyors to promulgate a legislative rule relating to the examination and licensing of professional surveyors in West Virginia.

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

    By Senator Snyder:

    Senate Bill No. 120--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the registration of veterinary technicians.

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

    By Senator Snyder:

    Senate Bill No. 121--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to certified animal euthanasia technicians.

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

    By Senator Snyder:

    Senate Bill No. 122--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to a schedule of fees.

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

    By Senator Snyder:

    Senate Bill No. 123--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to the licensure of speech-language pathology and audiology.

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

    By Senator Snyder:

    Senate Bill No. 124--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to speech-language pathology and audiology assistants.

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

    By Senator Snyder:

    Senate Bill No. 125--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to disciplinary and complaint procedures for speech-language pathology and audiology.

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

    By Senator Snyder:

    Senate Bill No. 126--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to a code of ethics.

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

    By Senator Snyder:

    Senate Bill No. 127--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the Wage Payment and Collection Act.

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

    By Senator Snyder:

    Senate Bill No. 128--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to employer wage bonds.

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

    By Senator Snyder:

    Senate Bill No. 129--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards.

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

    By Senator Snyder:

    Senate Bill No. 130--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality.

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

    By Senator Snyder:

    Senate Bill No. 131--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources.

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

    By Senator Snyder:

    Senate Bill No. 132--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from the combustion of solid waste.

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

    By Senator Snyder:

    Senate Bill No. 133--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources which cause or contribute to nonattainment areas.

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

    By Senator Snyder:

    Senate Bill No. 134--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities.

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

    By Senator Snyder:

    Senate Bill No. 135--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants.

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

    By Senator Snyder:

    Senate Bill No. 136--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards.

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

    By Senator Snyder:

    Senate Bill No. 137--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to state certification of activities requiring federal licenses and permits.

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

    By Senator Snyder:

    Senate Bill No. 138--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to assessing health and safety violation penalties.

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

    By Senator Snyder:

    Senate Bill No. 139--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to the program for the sharing of information between employees.

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

    By Senator Snyder:

    Senate Bill No. 140--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to substance abuse screening, standards and procedure.

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

    By Senator Snyder:

    Senate Bill No. 141--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to special motorboating.

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

    By Senator Snyder:

    Senate Bill No. 142--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to the electronic registration of wildlife.

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

    By Senator Snyder:

    Senate Bill No. 143--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment.

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

    By Senator Snyder:

    Senate Bill No. 144--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to commercial feed.

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

    By Senator Snyder:

    Senate Bill No. 145--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to a schedule of charges for inspection services: fruit.

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

    By Senator Snyder:

    Senate Bill No. 146--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to auctioneers.

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

    By Senator Snyder:

    Senate Bill No. 147--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the inspection of meat and poultry.

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

    By Senator Snyder:

    Senate Bill No. 148--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to clinical laboratory technician and technologist licensure and certification.

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

    By Senator Snyder:

    Senate Bill No. 149--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medication administration by unlicensed personnel.

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

    By Senator Snyder:

    Senate Bill No. 150--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to AIDS-related medical testing and confidentiality.

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

    By Senator Snyder:

    Senate Bill No. 151--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the Cancer Registry.

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

    By Senator Snyder:

    Senate Bill No. 152--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the Medical Examiner's rule for post-mortem inquiries.

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

    By Senator Snyder:

    Senate Bill No. 153--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Health Care Authority to promulgate a legislative rule relating to the West Virginia Health Information Network.

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

    By Senator Snyder:

    Senate Bill No. 154--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Bureau of Senior Services to promulgate a legislative rule relating to the In-Home Care Worker Registry.

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

    By Senator Snyder:

    Senate Bill No. 155--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to child care centers’ licensing.

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

    By Senator Snyder:

    Senate Bill No. 156--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Fire Commission to promulgate a legislative rule relating to the State Fire Code.

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

    By Senator Snyder:

    Senate Bill No. 157--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Fire Commission to promulgate a legislative rule relating to certification of home inspectors.

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

    By Senator Snyder:

    Senate Bill No. 158--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Regional Jail and Correctional Facility Authority to promulgate a legislative rule relating to criteria and procedures for determination of projected cost per day for inmates incarcerated in regional jails operated by the authority.

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

    By Senator Snyder:

    Senate Bill No. 159--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Bureau for Child Support Enforcement to promulgate a legislative rule relating to the bureau.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 160--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Bureau for Child Support Enforcement to promulgate a legislative rule relating to obtaining support from federal and state tax refunds.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 161--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Bureau for Child Support Enforcement to promulgate a legislative rule relating to interstate income withholding.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 162--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Bureau for Child Support Enforcement to promulgate a legislative rule relating to support enforcement activities undertaken by the bureau.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 163--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Bureau for Child Support Enforcement to promulgate a legislative rule relating to the distribution of support payments.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 164--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Fire Marshal to promulgate a legislative rule relating to certification of electrical inspectors.

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

    By Senator Snyder:

    Senate Bill No. 165--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Office of Administrative Hearings to promulgate a legislative rule relating to appeal procedures.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 166--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the municipal sales and service and use tax administration.

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

    By Senator Snyder:

    Senate Bill No. 167--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the special reclamation tax credit.

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

    By Senator Snyder:

    Senate Bill No. 168--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the withholding or denial of personal income tax refunds from taxpayers who owe municipal or magistrate court costs.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 169--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer’s Office to promulgate a legislative rule relating to the procedure for deposit of funds in the Treasurer's Office by state agencies.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 170--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer’s Office to promulgate a legislative rule relating to the procedure for deposit of moneys with the office by state agencies.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 171--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer’s Office to promulgate a legislative rule relating to the selection of state depositories for disbursement accounts through competitive bidding.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 172--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer’s Office to promulgate a legislative rule relating to the selection of state depositories for receipt accounts.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 173--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer’s Office to promulgate a legislative rule relating to reporting of debt capacity.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 174--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer’s Office to promulgate a legislative rule relating to reporting debt.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 175--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer’s Office to promulgate a legislative rule relating to procedures for fees in collections by charge, credit or debit card or by electronic payment.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 176--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer’s Office to promulgate a legislative rule relating to providing services to political subdivisions.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 177--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to utilization review and benefit determination.

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

    By Senator Snyder:

    Senate Bill No. 178--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to a health plan insurer internal grievance procedure.

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

    By Senator Snyder:

    Senate Bill No. 179--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to external review of adverse health insurance determinations.

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

    By Senator Snyder:

    Senate Bill No. 180--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Election Commission to promulgate a legislative rule relating to the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 181--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to state-owned vehicles.

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

    By Senator Snyder:

    Senate Bill No. 182--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law-enforcement training and certification standards.

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

    By Senator Snyder:

    Senate Bill No. 183--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways.

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

    By Senator Snyder:

    Senate Bill No. 184--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees Retirement System.

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

    By Senator Snyder:

    Senate Bill No. 185--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Infrastructure and Jobs Development Council to promulgate a legislative rule relating to the council.

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

    By Senator Snyder:

    Senate Bill No. 186--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Real Estate Commission to promulgate a legislative rule relating to requirements in licensing real estate brokers, associate brokers and salespersons and the conduct of a brokerage business.

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

    By Senator Snyder:

    Senate Bill No. 187--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Real Estate Commission to promulgate a legislative rule relating to a schedule of fees.

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

    By Senator Snyder:

    Senate Bill No. 188--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to private club licensing.

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

    By Senator Snyder:

    Senate Bill No. 189--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to farm wineries.

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

    By Senator Snyder:

    Senate Bill No. 190--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to the sale of wine.

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

    By Senator Snyder:

    Senate Bill No. 191--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to nonintoxicating beer licensing and operations procedures.

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

    By Senator Snyder:

    Senate Bill No. 192--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Racing Commission to promulgate a legislative rule relating to thoroughbred racing.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 193--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to requirements for licensure and certification.

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

    By Senator Snyder:

    Senate Bill No. 194--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to renewal of licensure or certification.

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

    By Senator Snyder:

    Senate Bill No. 195--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Massage Therapy Licensure Board to promulgate a legislative rule relating to a schedule of fees.

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

    By Senator Snyder:

    Senate Bill No. 196--A Bill to amend and reenact article 4, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Rehabilitation Services to promulgate a legislative rule relating to the Ron Yost Personal Assistance Services Act Board.

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

    By Senator Snyder:

    Senate Bill No. 197--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Municipal Pensions Oversight Board to promulgate a legislative rule relating to policemen's and firemen's pensions disability calculation.

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

    [CLERK’S NOTE: Senate Bill No. 101 through Senate Bill No. 197 are recommended for introduction by the Legislative Rule-Making Review Committee and sponsored by Senator Snyder, Cochair.]

    By Senators Unger, Kessler (Mr. President), Jenkins, Cann, Cookman, Fitzsimmons and Nohe:

    Senate Bill No. 198--A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to protecting the confidentiality of applicants and renewal applicants for and holders of deadly weapons permits.

    Referred to the Committee on the Judiciary.

    By Senators Unger and Cann:

    Senate Bill No. 199--A Bill to amend and reenact §61-7-14 of the Code of West Virginia, 1931, as amended, relating to allowing only a private owner, lessee or other person charged with the care, custody and control of real property to prohibit the carrying, openly or concealed, of any firearm or deadly weapon on private property under his or her domain.

    Referred to the Committee on the Judiciary.

    By Senators Kirkendoll and Cookman:

    Senate Bill No. 200--A Bill to amend and reenact §50-3-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §59-1-11 of said code, all relating to authorizing circuit and magistrate courts to collect a fee of $50 for each criminal case in which surety is required, the funds to be deposited into the county general revenue fund to be used to offset regional jail costs.

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

    By Senators Unger, Jenkins, Cann, Plymale and Williams:

    Senate Bill No. 201--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, 2019; and requiring members of the West Virginia State Police to receive a $580 salary increase at the beginning of their first year of service and each year thereafter.

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

    By Senator Unger:

    Senate Bill No. 202--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §31F-1-101, §31F-1-102, §31F-1-103, §31F-2-201, §31F-2-202, §31F-2-203, §31F-3-301, §31F-4-401, §31F-4-402, §31F-4-403 and §31F-5-501, all relating to authorizing a corporation to elect to be a benefit corporation; authorizing a corporation to amend its articles of incorporation to include a statement that the corporation is a benefit corporation; authorizing a corporation to terminate status as a benefit corporation; authorizing the articles of a benefit corporation to identify as one of the purposes of the benefit corporation the creation of specific public benefits; establishing that a director shall not have a duty to a certain person; providing that a director shall have immunity from liability under certain circumstances; requiring a benefit corporation to deliver to each stockholder an annual report; defining terms; and generally relating to benefit corporations.

    Referred to the Committee on the Judiciary.

    By Senators Unger, Cann, Yost and Williams:

    Senate Bill No. 203--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 costs for officers who reside in and are assigned to the top five counties according to median monthly housing cost.

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

    By Senators Unger and Kessler (Mr. President):

    Senate Bill No. 204--A Bill to amend and reenact §14-2A-3, §14-2A-9 and §14-2A-12 of the Code of West Virginia, 1931, as amended, all relating to compensation awards to victims of crimes; redefining terms; increasing the amount of victim relocation costs; permitting a victim’s reasonable travel costs to attend probation hearings of the offender; allowing student loans obtained by a victim to be treated as a lost scholarship in certain instances; permitting the Court of Claims to hire more than two claim investigators; and permitting claim investigators to acquire autopsy reports, including toxicology results, from the State Medical Examiner.

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

    By Senator Kirkendoll:

    Senate Bill No. 205--A Bill to amend and reenact §7-7-7 of the Code of West Virginia, 1931, as amended, relating to granting county commissions advice and consent authority with respect to the discharge of county employees.

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

    By Senator Plymale:

    Senate Bill No. 206--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 allocation of a certain amount of the net terminal income from racetrack video lottery currently distributed to the Development Office Promotion Fund to the Cultural Facilities and Capitol Resources Matching Grant Program Fund; and making technical changes.

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

    By Senators Plymale and Laird:

    Senate Bill No. 207--A Bill to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5F-2-8, all relating to transferring the Division of Early Care and Education and the Head Start State Collaborative from the Bureau for Children and Families within the Department of Health and Human Resources to the Department of Education and the Arts; providing an effective date; and making a technical correction.

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

    By Senator Plymale:

    Senate Bill No. 208--A Bill to repeal §18B-16-7, §18B-16-8 and §18B-16-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-16-1, §18B-16-2, §18B-16-3, §18B-16-4, §18B-16-5 and §18B-16-6 of said code, all relating to continuing the Rural Health Initiative; setting forth legislative findings, purpose and definitions; discontinuing the Rural Health Advisory Committee and assigning certain of its duties to the Vice Chancellor for Health Sciences; deleting the requirement for creation of primary health care education sites; clarifying certain funding mechanisms and audit and reporting requirements; strengthening accountability measures; updating names; making technical corrections; and deleting obsolete language.

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

    By Senators Beach, Miller, Cookman, Walters and Fitzsimmons:

    Senate Bill No. 209--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-48, relating to requiring county boards of education to allow students with special needs to participate in graduation ceremonies with their peers; and prohibiting county boards from denying special needs services to a student due to participating in the graduation ceremonies.

    Referred to the Committee on Education.

    By Senator Beach:

    Senate Bill No. 210--A Bill to amend and reenact §30-7-3 of the Code of West Virginia, 1931, as amended, relating to increasing the membership of the Board of Examiners for Registered Professional Nurses from five to ten members; providing that nine members be registered nurses and one member a public consumer; and setting forth the qualifications of those nurses who may serve.

    Referred to the Committee on Government Organization.

    By Senator Beach:

    Senate Bill No. 211--A Bill to amend and reenact §16-9A-2, §16-9A-3, §16-9A-7 and §16-9A-8 of the Code of West Virginia, 1931, as amended, all relating to defining “alternative nicotine product” and “electronic cigarette”; prohibiting the sale of alternative nicotine products to individuals under eighteen years of age; prohibiting the use and possession of alternative nicotine products by an individual under eighteen years of age; adding alternative nicotine products to the list of products for which unannounced inspections may be conducted to ensure compliance with sales restrictions; and restricting the sale of alternative nicotine products in vending machines.

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

    By Senators Beach, Fitzsimmons and Williams:

    Senate Bill No. 212--A Bill to amend and reenact §30-7-15a, §30-7-15b and §30-7-15c of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-15-7, §30-15-7a, §30-15-7b and §30-15-7c of said code, all relating to expanding prescriptive authority of advanced nurse practitioners and certified nurse-midwives; removing the requirement for collaborative relationships with physicians; removing certain notifications; removing the minimum requirements for certain legislative rules; and permitting certain fees to be set by rule.

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

    By Senators Miller and Laird:

    Senate Bill No. 213--A Bill to amend and reenact §11-13Z-1 and §11-13Z-3 of the Code of West Virginia, 1931, as amended, all relating to residential solar energy tax credits; applying credit to residential installation of a solar energy system or systems; and extending the tax credit until July 1, 2021.

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

    By Senator Miller:

    Senate Bill No. 214--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-7-1a, relating to creating the Citizens Elected County Officials Compensation Commission; membership of the commission; terms of the members; powers and duties of the commission; and procedures for enacting the salaries of the elected county officials.

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

    By Senators M. Hall, Carmichael and Cole:

    Senate Bill No. 215--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §55A-1-1, §55A-1-2, §55A-1-3, §55A-1-4, §55A-2-1, §55A-2-2, §55A-2-3, §55A-2-4, §55A-2-5, §55A-2-6, §55A-2-7, §55A-2-8, §55A-2-9, §55A-3-1, §55A-3-2, §55A-4-1, §55A-4-2, §55A-4-3, §55A-4-4, §55A-4-5, §55A-4-6, §55A-5-1, §55A-5-2, §55A-5-3, §55A-5-4, §55A-5-5, §55A-5-6, §55A-5-7, §55A-5-8, §55A-6-1, §55A-6-2, §55A-6-3, §55A-6-4, §55A-6-5, §55A-7-1, §55A-7-2, §55A-7-3, §55A-7-4, §55A-7-5, §55A-7-6, §55A-7-7, §55A-7-8, §55A-8-1, §55A-8-2, §55A-9-1, §55A-9-2, §55A-10-1, §55A-10-2, §55A-10-3, §55A-11-1, §55A-11-2, §55A-11-3, §55A-11-4, §55A-11-5, §55A-11-6, §55A-11-7, §55A-11-8, §55A-11-9, §55A-11-10, §55A-11-11, §55A-11-12, §55A-12-1, §55A-12-2, §55A-12-3, §55A-12-4, §55A-12-5 and §55A-12-6, all relating to reforming the civil justice system; limiting the amount of recoverable damages; authorizing a new court to be known as the Intermediate Court of Appeals; requiring the court to be operational by January 1, 2016; establishing northern and southern districts; providing three judges for each district; providing a short title; stating legislative findings; excepting certain actions; defining terms; establishing qualifications for judges; establishing jurisdiction of the court; providing for review; providing that Supreme Court will either keep the appeal or transfer it to the Intermediate Court; providing that appeals in certain administrative cases are discretionary; authorizing appeals from Intermediate Court to the Supreme Court; authorizing Governor to make initial appointments by July 1, 2015; creating staggered terms; providing for elections for ten-year terms after initial appointments; authorizing a Chief Judge of the Intermediate Court; authorizing staff for the court and the judges; providing for compensation and expenses of judges and staff; providing for temporary assignment of circuit court judges; authorizing the Supreme Court to provide the facilities, furniture, fixtures and equipment for the Intermediate Court; establishing precedential effect of Intermediate Court orders and decisions; providing that the budget of the Intermediate Court will be part of the Supreme Court budget; prohibiting medical monitoring relief absent manifest present injury or disease caused by a defendant; providing for venue reform; relating to the application of the doctrine of forum non conveniens when civil actions have both a resident and nonresident plaintiff; providing for parties to make a motion that a case would more properly be heard in a forum outside this state; providing for statute of limitations expiring in the alternative forum while the claim is pending in this state; providing for proper dismissal of an action for forum non conveniens purposes; providing for application to class representatives; requiring courts granting motions to stay or dismissal actions for forum nonconveniens purposes to set forth specific findings of fact and conclusions of law; providing standards to determine the competency of expert witnesses; providing standards for opinion testimony by lay witnesses; providing standards of admission for expert witness testimony; requiring a basis for expert witness testimony; barring certain types of expert witness testimony; mandating pretrial hearings and disclosures of expert testimony; providing for the interpretation of the competency of expert witnesses; establishing a standard of review; establishing when punitive damages may be recovered; providing maximum amounts which may be awarded on multiple punitive damages awards for the same course of conduct; providing for the bifurcation of a civil action in which punitive damages are sought when requested by a defendant; stating the conditions under which punitive damages may be assessed against a principal or employer for an act of an agent or employee and against an association, limited liability entity or partnership for the acts of a member or partner; predicating actions for damages upon principles of comparative fault; establishing the comparative fault standard; abolishing joint liability and implementing several liability; establishing how to consider the fault of nonparties; establishing how to consider the fault of, and the amounts paid by, settling parties; providing for the use of special interrogatories; clarifying fault may be imputed to another person who was acting as an agent or servant of another; allowing the assessment of a percentage of fault for failing to take reasonable precautionary measures that were available; precluding the allocation of fault to a person such as a seller, distributor or installer on a strict product liability theory where that person did not contribute to the alleged defect; providing for the burden of proof and limitations; providing for immunity of premises owners from civil liability in certain circumstances; reducing damage awards by collateral source payments; providing how damage reductions shall be determined; stating the effects of such determinations upon the trial; providing a “losers pay” provision; providing a statute of repose; establishing a general eighteen-year warranty for products’ liability actions and an exception for cases where there is an express warranty for more than eighteen years; providing that noneconomic damages are recoverable in actions where damages were authorized at the time this bill became law; providing maximum amounts that may be recovered for noneconomic losses based on physical injury and nonphysical injury; providing for costs by a nonprevailing party; establishing a procedure for recovery of attorney’s fees; providing courts may take judicial notice of the usual and customary attorney’s fees; providing for the liability of attorneys; providing for the applicability of other law; requiring the West Virginia Supreme Court adopt rules to implement this chapter; providing for repeal of conflicting laws; providing for applicability and severability of this chapter; clarifying no additional cause of action is created by this chapter; and providing this chapter becomes effective immediately upon passage by the Legislature and approval by the Governor.

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

    By Senator Nohe:

    Senate Bill No. 216--A Bill to amend and reenact §22-15A-4 of the Code of West Virginia, 1931, as amended, relating to requiring the Secretary of the Department of Environmental Protection to propose rules for legislative approval to implement procedures under which county commissions and municipal governments are granted a limited exemption from certain litter provisions to undertake timely and efficient removal or burning of litter, trash and debris resulting from storms and other weather-related events causing extensive property damage.

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

    By Senators Blair, Jenkins, Carmichael and Nohe:

    Senate Bill No. 217--A Bill to amend and reenact §6B-1-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §6B-2-5 of said code, all relating to governmental ethics; prohibiting public officials and employees from using public funds for self promotion; prohibiting knowingly and intentionally placing the names or likenesses of public officials and employees on trinkets; prohibiting knowingly and intentionally placing the names or likenesses of public officials and employees on certain publically financed advertising during an election period; and defining terms.

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

    By Senator Blair:

    Senate Bill No. 218--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §60-6A-1 and §60-6A-2, all relating to requiring that bartenders be licensed by the Alcohol Beverage Control Commissioner.

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

    By Senator Barnes:

    Senate Bill No. 219--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-33-1, §18-33-2, §18-33-3, §18-33-4, §18-33-5, §18-33-6, §18-33-7, §18-33-8, §18-33-9, §18-33-10, §18-33-11, §18-33-12, §18-33-13 and §18-33-14, all relating to the establishment of public competitive learning academies; setting forth regulatory and statutory requirements; providing exemptions from state laws and rules; permitting conversion of public schools to public competitive learning academies; setting forth an application process; permitting approval and denial of applications; establishing a competitive learning academy status term; permitting the termination of a public competitive learning academy; setting forth public competitive learning academy requirements; providing for funding; setting forth enrollment standards; providing for student transportation; permitting conditional approval; setting forth information on competitive learning academies; permitting leaves of absence for teachers; setting forth employment of school personnel and benefits; and defining terms.

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

    By Senators Barnes and D. Hall:

    Senate Bill No. 220--A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to allowing county commissions the option of putting before the voters of the county the question of whether Sunday hunting should be permitted on private lands in the county with the written consent of the landowner.

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

    By Senators Barnes, D. Hall, Jenkins, Nohe and M. Hall:

    Senate Bill No. 221--A Bill to amend and reenact §20-2-7 of the Code of West Virginia, 1931, as amended, relating to hunting, trapping or fishing on lands of another person; and absolving the landowner and his or her tenant or agent of civil liability for injuries suffered by a person hunting, trapping or fishing on his or her lands with or without written permission.

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

    By Senators Barnes, Jenkins and M. Hall:

    Senate Bill No. 222--A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as amended, relating to the assessment of personal property; and exempting motor vehicles, including automobiles, motorcycles, airplanes, trucks and tractors, that are older than twenty-five years from taxable personal property.

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

    By Senators Barnes and M. Hall:

    Senate Bill No. 223--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.

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

    By Senator Kirkendoll:

    Senate Bill No. 224--A Bill to amend and reenact §16-5V-9 of the Code of West Virginia, 1931, as amended, relating to transfers of service credit from the Public Employees Retirement System to the Emergency Medical Services Retirement System; providing that any increased benefit cost of transfer calculations may be made only three times; providing that a transferring director has thirty-six months from the date of application to pay all associated costs in a lump sum; and requiring the asset transfer be completed within six months of the receipt of that lump-sum payment.

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

    By Senator Kirkendoll:

    Senate Bill No. 225--A Bill to amend and reenact §59-1-10 and §59-1-11 of the Code of West Virginia, 1931, as amended, all relating to increasing certain filing fees in certain civil actions; establishing new filing fees in certain civil actions; and requiring that those new and increased fees be deposited in the existing Fund for Civil Legal Services for Low-Income Persons and an amount retained by the clerk’s office.

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

    By Senators Kirkendoll and D. Hall:

    Senate Bill No. 226--A Bill to amend and reenact §7-7-4 of the Code of West Virginia, 1931, as amended, relating to providing county commissioners an ongoing mechanism to consider compensation increases for elected officials every two years.

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

    By Senator Jenkins:

    Senate Bill No. 227--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-5D-1, §18-5D-2, §18-5D-3, §18-5D-4, §18-5D-5, §18-5D-6, §18-5D-7, §18-5D-8, §18-5D-9, §18-5D-10, §18-5D-11, §18-5D-12, §18-5D-13, §18-5D-14, §18-5D-15, §18-5D-16, §18-5D-17, §18-5D-18 and §18-5D-19, all relating to public education; authorizing public colleges or universities to sponsor community schools in cooperation with county boards of education; providing short title; stating legislative intent; providing definitions; stating powers of community schools and requirements; providing for boards of trustees and their powers; establishing pilot projects; setting forth the content of an application for a community school; requiring a written agreement between a county board and the community school board; providing exemption from public schools facility rules; providing for enrollment; providing for school staff and students; requiring a county board of education to fund each community school in its county; providing for the transportation of students; establishing tort liability of community schools; requiring annual reports and assessments; and providing causes for nonrenewal or termination.

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

    By Senators Jenkins and M. Hall:

    Senate Bill No. 228--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to personal income tax; adjusted gross income of resident individual; and exempting all military retirement income from state income tax.

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

    By Senator Jenkins:

    Senate Bill No. 229--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 items of residential household waste; limiting the credit to $600; and granting rule-making authority.

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

    By Senator Jenkins:

    Senate Bill No. 230--A Bill amend and reenact §30-3-14 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-4-19 of said code; and to amend and reenact §30-14-12a of said code, all relating to the Board of Medicine, Board of Dental Examiners and the Board of Osteopathy; permitting the boards to independently initiate disciplinary proceedings in certain circumstances; permitting the Board of Medicine to approve certain decisions, rather than deciding them directly as a whole; and increasing the number of days within which the Board of Medicine can make certain decisions.

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

    By Senator Jenkins:

    Senate Bill No. 231--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 using a minor in the commission of a crime.

    Referred to the Select Committee on Children and Poverty; and then to the Committee on the Judiciary.

    By Senators Jenkins, Carmichael and Cole:

    Senate Bill No. 232--A Bill to amend and reenact §3-1-16 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4A-11a of said code; to amend said code by adding thereto a new section, designated §3-5-6a; to amend and reenact §3-5-7, §3-5-13 and §3-5-13a of said code; and to amend said code by adding thereto a new section, designated §3-6-2a, all relating to electing Justices of the Supreme Court of Appeals on a nonpartisan basis; establishing the timing and frequency of election; setting forth the ballot design and printing; requiring the election of Justices of the Supreme Court of Appeals be separate from a partisan ballot; providing for filing the announcement of candidacies; permitting withdrawal of announcement of candidacies; refunding paid filing fees; and setting forth the ballot content and form.

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

    By Senators Jenkins and Plymale:

    Senate Bill No. 233--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-11-7; to amend said code by adding thereto a new section, designated §8-21-10a; and to amend said code by adding thereto a new section, designated §20-5-23, all relating to immunity from civil liability for operators of parks and recreation districts.

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

    By Senators Jenkins and Miller:

    Senate Bill No. 234--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 Senator Jenkins:

    Senate Bill No. 235--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 Yost, D. Hall, Cann and Nohe:

    Senate Bill No. 236--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, D. Hall, Cann and Nohe:

    Senate Bill No. 237--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to personal income tax; and increasing adjustments to gross income for military, National Guard and reserve retirement income of resident individuals.

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

    By Senator Yost:

    Senate Bill No. 238--A Bill to amend and reenact §5-22-1 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Fairness in Competitive Bidding Act; and lowering the threshold amount, from $250,000 to $100,000, for triggering a low bidder’s duty to submit list of subcontractors on government contracts.

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

    By Senator Yost:

    Senate Bill No. 239--A Bill to amend and reenact §17-4-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17-17-7, §17-17-16 and §17-17-17 of said code, all relating to certification requirements for applicators who paint state bridges.

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

    By Senator Yost:

    Senate Bill No. 240--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8-15B-1, §8-15B-2, §8-15B-3, §8-15B-4 and §8-15B-5, all relating to meeting and conference rights for members of police or fire departments employed by political subdivisions; providing for the right of these members to self organization; allowing designation of an exclusive representative agent; imposing a duty to meet and confer with employees; allowing deduction of employee organization dues and assessments; providing for compulsory arbitration of disputes; listing prohibited acts; allowing hearings before Civil Service Commission; providing judicial review; specifying powers and duties of the Civil Service Commission; and allowing injunctive relief.

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

    By Senator Yost:

    Senate Bill No. 241--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 Senator Yost:

    Senate Bill No. 242--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 and §29-6A-24, 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 Senator Yost:

    Senate Bill No. 243--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 Class C hunting and fishing licenses for a one-time fee while serving in the West Virginia National Guard or its reserve and all veterans of the armed forces with an honorable discharge or full retirement to obtain license for life upon full retirement or honorable discharge.

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

    By Senators Yost, Cookman and Fitzsimmons:

    Senate Bill No. 244--A Bill to amend and reenact §48-23-601 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §48-23-602, all relating to compiling and making available nonidentifying social and medical histories of birth parents prior to an adoption.

    Referred to the Committee on the Judiciary.

    By Senators Yost, Cookman and Fitzsimmons:

    Senate Bill No. 245--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 upon full retirement licenses for life.

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

    By Senator Yost:

    Senate Bill No. 246--A Bill to amend and reenact §11A-1-9 of the Code of West Virginia, 1931, as amended, relating to a co-owner of real property becoming sole owner when he or she pays all of the property taxes on the real property for a minimum of five years.

    Referred to the Committee on the Judiciary.

    By Senator Yost:

    Senate Bill No. 247--A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to removing the requirement that the annual salary of the Executive Director of the Women’s Commission is $45,000.

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

    By Senator Yost:

    Senate Bill No. 248--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-29, relating to the creation of an Equal Pay Coordinator within the Division of Personnel to ensure pay equity among state employees; making legislative findings; setting forth qualifications for the position; providing powers and duties of coordinator; providing for the development of a strategic plan to ensure pay equity in state government; authorizing other agencies to share necessary information with the coordinator; requiring reports; and providing rule-making authority.

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

    By Senators Yost, Miller, Cann and Fitzsimmons:

    Senate Bill No. 249--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 Palumbo and Jenkins:

    Senate Bill No. 250--A Bill to amend and reenact §55-7-24 of the Code of West Virginia, 1931, as amended, relating to apportionment of damages in causes of action involving tortious conduct; adopting several liability in tortious actions unless certain exceptions apply; increasing period for a motion for reallocation; removing certain limits on reallocation; and setting a date after which the accrual of a cause of action will use the changes made to this section.

    Referred to the Committee on the Judiciary.

    By Senators Palumbo, Cann and Cookman:

    Senate Bill No. 251--A Bill to amend and reenact §55-10-1, §55-10-2, §55-10-3, §55-10-4, §55-10-5, §55-10-6, §55-10-7 and §55-10-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twenty-three new sections, designated §55-10-9, §55-10-10, §55-10-11, §55-10-12, §55-10-13, §55-10-14, §55-10-15, §55-10-16, §55-10-17, §55-10-18, §55-10-19, §55-10-20, §55-10-21, §55-10-22, §55-10-23, §55-10-24, §55-10-25, §55-10-26, §55-10-27, §55-10-28, §55-10-29, §55-10-30 and §55-10-31, all relating generally to arbitration; defining terms; defining notice under the article; defining when article applies; proscribing the effect of agreements to arbitrate and defining nonwaivable provisions; allowing for application for judicial relief under the article; making an agreement to arbitrate valid unless a legal or equitable reason for revocation exists; providing for the terms by which arbitration may continue if challenged; providing for the process for motions to compel or stay arbitration; providing for provisional remedies to protect the effectiveness of arbitration proceedings; providing the process for initiation of arbitration; providing for the consolidation of separate arbitration proceedings; providing for the appointment of an arbitrator and default process if not agreed by the parties; requiring neutrality of arbitrators; requiring disclosure by arbitrators of matters affecting impartiality; requiring a majority of arbitrators to agree to exercise powers; providing immunity for arbitrators; requiring competency to testify and providing for attorneys’ fees and costs for challenges from which arbitrators are immune; providing the general process for arbitration; allowing parties to be represented by a lawyer in arbitrations; outlining the procedure for witnesses, subpoenas, depositions and discovery in arbitrations; providing for judicial enforcement of preaward ruling by arbitrator; providing for a record of an award and the requirements for an award; allowing the change of an award by an arbitrator upon motion under certain conditions; providing that certain remedies and the fees and costs of arbitration may be a part of an arbitration award; allowing for confirmation by a court of an award upon motion; providing the process and grounds for vacating an award by a court; providing the process and grounds for the modification or correction of an award upon motion; providing that a court shall enter a judgment upon confirmation of an award and may add reasonable attorneys’ fees and costs; providing for jurisdiction over arbitration agreements by a court of this state; providing venue; providing that appeals may be taken from orders related to arbitration proceedings; requiring uniform construction of the act; providing that this act complies with the Electronic Signatures in Global and National Commerce Act; and providing the effective date of the act.

    Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.

    By Senators Palumbo and Nohe:

    Senate Bill No. 252--A Bill to amend and reenact §18A-5-1a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18A-5-1d, all relating to expulsion of students; providing school boards, school superintendents and principals with the option to allow certain expelled students to participate in Juvenile Drug Court; allowing the court to determine if the individual is an appropriate candidate; requiring those students to be subject to the court’s jurisdiction and all sanctions available to the Juvenile Drug Court; and authorizing reinstatement to school by a shortening of the expulsion term upon successful completion of Juvenile Drug Court.

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

    By Senators Palumbo and Laird:

    Senate Bill No. 253--A Bill to amend and reenact §18-21-2 and §18-21-4 of the Code of West Virginia, 1931, as amended, all relating to clarifying the special Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth.

    Referred to the Select Committee on Children and Poverty; and then to the Committee on Education.

    By Senator Unger:

    Senate Bill No. 254--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-34-1, §19-34-2, §19-34-3, §19-34-4, §19-34-5 and §19-34-6, all relating to the regulation of equine boarding facilities.

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

    By Senators Plymale and Tucker:

    Senate Bill No. 255--A Bill to amend and reenact §33-3-33 of the Code of West Virginia, 1931, as amended, relating to taking back the surcharge on fire and casualty insurance policies to one percent and have this surcharge benefit volunteer and part-volunteer fire departments.

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

    By Senator Tucker:

    Senate Bill No. 256--A Bill to amend and reenact §55-2-5 of the Code of West Virginia, 1931, as amended, relating to limitation of actions and suits; enforcement of liens reserved by conveyance or created by deed of trust or mortgage or real estate; and providing that a lien instrument securing an obligation payable on demand expires twenty years from the date of recording the lien instrument.

    Referred to the Committee on the Judiciary.

    By Senators Palumbo and Cann:

    Senate Bill No. 257--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to the liability of a possessor of real property for harm to a trespasser.

    Referred to the Committee on the Judiciary.

    By Senators Palumbo, Jenkins, Beach, Cookman, Tucker and Fitzsimmons:

    Senate Bill No. 258--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-5-13h, relating to juvenile proceedings; proscribing juveniles from manufacturing, possessing and distributing nude or partially nude images of minors; declaring a violation to be an act of juvenile delinquency; and providing for the punishment thereof.

    Referred to the Committee on the Judiciary.

    By Senator Chafin:

    Senate Bill No. 259--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13B-1 and §11-13B-2, all relating to imposing a tax on telecommunications businesses to produce revenue of approximately $10 million to be dedicated to the West Virginia Division of Tourism for promotion and maintenance of outdoor activities.

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

    By Senator Chafin:

    Senate Bill No. 260--A Bill to amend and reenact §17-23-4 of the Code of West Virginia, 1931, as amended, relating to roads and highways; and residential community waivers for salvage yards.

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

    By Senators Chafin, Jenkins, D. Hall, Cole and M. Hall:

    Senate Bill No. 261--A Bill to amend and reenact §17-16A-13 of the Code of West Virginia, 1931, as amended, relating to requiring the West Virginia Parkways, Economic Development and Tourism Authority to transfer a certain portion of the revenues generated from its operation of the highway formerly known as the West Virginia Turnpike to the county commissions where that highway is located.

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

    By Senators Cookman, Miller and Fitzsimmons:

    Senate Bill No. 262--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-22, relating to prohibiting recipients of state assistance under the Supplemental Nutrition Assistance Program from purchasing certain items determined to be nonfood items.

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

    By Senator Chafin:

    Senate Bill No. 263--A Bill to amend and reenact §36-8-2 of the Code of West Virginia, 1931, as amended, relating to clarifying there must be five years of continuous inactivity of a noninterest-bearing demand, savings or time deposit before it may be presumed to be abandoned for unclaimed property purposes; and clarifying there must be seven years of continuous inactivity of an interest-bearing demand, savings or time deposit before it may be presumed to be abandoned for unclaimed property purposes.

    Referred to the Committee on Banking and Insurance; and then to the Committee on Government Organization.

    By Senators Chafin and Jenkins:

    Senate Bill No. 264--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 Motor Vehicles 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 Jenkins and Plymale:

    Senate Bill No. 265--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-11a, relating to creating a criminal offense of possession of burglar’s tools; and establishing penalties.

    Referred to the Committee on the Judiciary.

    By Senators Jenkins and Plymale:

    Senate Bill No. 266--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-59, relating to crimes against property involving graffiti; defining offenses and a term; establishing misdemeanor and felony criminal penalties; providing mandatory court-approved community service; permitting court-ordered restitution; requiring suspension of driver’s license in certain circumstances; providing that if an offender does not have a driver’s license that person may be temporarily prohibited from applying for one; providing that affected property owners may institute a civil action to recover damages in an amount up to three times the loss or the cost of restoration, attorneys’ fees and costs; and providing that civil liability is not precluded by criminal penalties.

    Referred to the Committee on the Judiciary.

    By Senators Palumbo, Kessler (Mr. President), Cookman and Fitzsimmons:

    Senate Bill No. 267--A Bill to amend and reenact §6-9-2c of the Code of West Virginia, 1931, as amended; and to amend and reenact §12-3-10b of said code, all relating to fraudulent or unauthorized use of purchasing cards; ensuring that the courts of West Virginia have jurisdiction over fraudulent or unauthorized use of purchasing cards; defining the conduct as a continuing offense; and establishing jurisdiction.

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

    By Senators Jenkins and M. Hall:

    Senate Bill No. 268--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-3-1c, relating to providing the methods of appraising certain affordable, multifamily rental housing property for ad valorem property tax purposes; setting forth what the assessor is to consider; providing for confidentiality of information provided to the assessor; providing for treatment of federal or state tax credits; and granting rule-making authority.

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

    By Senator Jenkins:

    Senate Bill No. 269--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to issue special license plates; authorizing issuance of a special “I Support Veterans” license plate; authorizing issuance of a special “next-of-kin of a law-enforcement officer killed in the line of duty” license plate; and establishing fees.

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

    By Senators Jenkins, Carmichael, Cole and M. Hall:

    Senate Bill No. 270--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 Education; and then to the Committee on Finance.

    By Senator Cann:

    Senate Bill No. 271--A Bill to amend and reenact §5-10-31 of the Code of West Virginia, 1931, as amended; and to amend and reenact §15-2A-5 of said code, all relating to removing the requirement to set employer contribution rate for the Public Employees Retirement System and the State Police Retirement System by legislative rule; and clarifying funding rate which affects employee contribution rate in State Police Retirement System.

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

    By Senators Cann and D. Hall:

    Senate Bill No. 272--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-11a, relating to preventing taxpayer subsidization of health insurance covering elective abortions; prohibiting all qualified health plans offered through a state exchange from including abortion coverage except to prevent the death of the mother; and preventing all other health plans, including health insurance contracts, plans or policies, offered outside of the exchange, but within the state, from providing coverage for elective abortions except by optional separate supplemental coverage for abortion.

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

    By Senator Cann:

    Senate Bill No. 273--A Bill to amend and reenact §11-3-1 of the Code of West Virginia, 1931, as amended, relating to prohibiting increases in the assessed value of real property located in counties where a maximum excess levy is in effect, the property has not changed in tax classification and the increased value is more than two percent over the assessed value of the same property for the previous year.

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

    By Senator Cann:

    Senate Bill No. 274--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to personal income tax; and enacting the College Graduate Tax Credit.

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

    By Senator Cann:

    Senate Bill No. 275--A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended, relating to adding veterans of the conflicts in Granada, El Salvador, Somalia, Afghanistan, Iraq and the Panama Canal to those veterans who are eligible for military service credit for public employees’ retirement benefit purposes; defining terms; and modifying the definition of a term.

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

    By Senators Cann and Beach:

    Senate Bill No. 276--A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931, as amended, relating to providing salary increases for mathematics and science teachers in grades seven though twelve; providing a salary increase for reading specialists; and requiring those individuals to hold full state certification to teach those subjects.

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

    By Senator Yost:

    Senate Bill No. 277--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 Senator Palumbo:

    Senate Bill No. 278--A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to the purchase of scrap metal by scrap metal dealers; and excluding jewelry platinum, gold, silver and palladium from the definition of “scrap metal”.

    Referred to the Committee on the Judiciary.

    By Senators Cann and Cookman:

    Senate Bill No. 279--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2F-1a; and to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-5, §16-2F-6, §16-2F-8 and §16-2F-9 of said code, all relating to parental notification requirements for abortions performed on unemancipated minors; providing that the circuit and family court have concurrent jurisdiction; providing that a physician may only perform a nonmedical emergency abortion if there is proof the woman is over eighteen, a court has issued an order authorizing the abortion or the woman has parental consent if she is an unemancipated minor; requiring records be kept; requiring an affidavit be executed; requiring parental notification; setting forth specifics of the notice; defining terms; providing for a waiver; requiring notice to minors of a right to petition the court; allowing for appeal by the unemancipated minor to circuit court if matter is initially heard in family court; specifying that certain orders are not appealable; mandating that the Supreme Court of Appeals make available a form petition for the use of unemancipated minors seeking relief; requiring physicians to file reports to the Department of Health and Human Resources; setting forth what those reports are to contain; providing remedies; specifying when notice is not required; providing that court proceedings are confidential; providing civil and criminal penalties; authorizing rulemaking; and providing for severability.

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

    By Senator Barnes:

    Senate Bill No. 280--A Bill to amend and reenact §21A-2C-2, §21A-2C-3 and §21A-2C-4 of the Code of West Virginia, 1931, as amended, all relating to the Military Incentive Program; and including all veterans of armed conflict.

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

    By Senators Palumbo, Miller, Cookman, Tucker and Fitzsimmons:

    Senate Bill No. 281--A Bill to amend and reenact §17C-5-2 and §17C-5-2b of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-5A-1, §17C-5A-2, §17C-5A-3 and §17C-5A-3a of said code, all relating to making it a felony to drive a vehicle while under the influence of alcohol, controlled substance or other drug and cause serious bodily injury to another person; and establishing penalties for first and subsequent violations of certain provisions.

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

    By Senator Barnes:

    Senate Bill No. 282--A Bill to amend and reenact §8-10-2 of the Code of West Virginia, 1931, as amended, relating to decreasing the number of jurors on a municipal jury in criminal matters from twelve to six.

    Referred to the Committee on the Judiciary.

    By Senator Wells:

    Senate Bill No. 283--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-8-17, relating to prohibiting certain noncompetition clauses in contracts between broadcast industry employers and employees; prohibiting waiver; and imposing civil liability on violators for damages, attorney's fees and costs.

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

    By Senator Wells:

    Senate Bill No. 284--A Bill to amend and reenact §18A-4-10 of the Code of West Virginia, 1931, as amended, relating generally to school personnel; and requiring that personal leave for illness and other causes for employees of county boards shall accrue monthly.

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

    By Senator Wells:

    Senate Bill No. 285--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-5-20, relating to providing a fifty-percent discount to organized youth groups for campsite rental or group camping fees at state parks and forests if the group agrees to undertake a community service project that benefits the state park or forest; and rules.

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

    By Senator Carmichael:

    Senate Bill No. 286--A Bill to amend and reenact §46A-6-107 of the Code of West Virginia, 1931, as amended, relating to disclaimers of warranties with respect to goods which are the subject of or are intended to become the subject of a consumer transaction; prohibition against exclusion, modification or limitation of any warranty or remedy; waiver of warranty on used motor vehicle as to a particular defect or malfunction which dealer has disclosed; conditions permitting as-is sale of used motor vehicle; conspicuous disclosure of as-is sale; as-is sale does not waive express warranties made by dealer; and dealer to conform to federal regulations.

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

    By Senator Carmichael:

    Senate Bill No. 287--A Bill to amend and reenact §16-13-18 of the Code of West Virginia, 1931, as amended, relating to supervision of works by a sanitary board; and providing that if a professional engineer is under contract for a project, an engineer is not required to serve on the sanitary board.

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

    By Senator Carmichael:

    Senate Bill No. 288--A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as amended, relating to disqualification for unemployment benefits.

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

    By Senators Carmichael, Jenkins and M. Hall:

    Senate Bill No. 289--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 a defendant held liable in direct proportion to that defendant’s percentage of fault; providing for method of assessing fault of the parties; providing exceptions; providing for severability; and defining terms.

    Referred to the Committee on the Judiciary.

    By Senator Carmichael:

    Senate Bill No. 290--A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to extending indefinitely the duration of the Municipal Home Rule Pilot Program; and making all municipalities eligible to participate in the Municipal Home Rule Pilot Program.

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

    By Senator Carmichael:

    Senate Bill No. 291--A Bill to amend and reenact §55-7-24 of the Code of West Virginia, 1931, as amended, relating to increasing the threshold of a defendant’s liability in a tort action involving more than one defendant, from thirty percent at fault or less to sixty percent at fault or less, to qualify for several liability and not joint and several liability.

    Referred to the Committee on the Judiciary.

    By Senator Carmichael:

    Senate Bill No. 292--A Bill to amend and reenact §21-5A-5 of the Code of West Virginia, 1931, as amended, relating to establishing prevailing hourly rates are to be used in connection with the construction of public improvements; and providing for review and appeal.

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

    By Senators Carmichael and Jenkins:

    Senate Bill No. 293--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to limiting the amount of punitive damages recoverable in a personal injury or wrongful death action.

    Referred to the Committee on the Judiciary.

    By Senators Carmichael, Jenkins and M. Hall:

    Senate Bill No. 294--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §55-7-27 and §55-7-28, all relating to actions for tort liability; providing reduction of judgment awards in tort liability actions of certain collateral source payments made or to be made to the plaintiff; defining the terms "collateral source" and "collateral source payments"; exceptions; and providing post-verdict determination of reduction of compensatory damages.

    Referred to the Committee on the Judiciary.

    By Senators Carmichael and Cole:

    Senate Bill No. 295--A Bill to amend and reenact §21-5-4 of the Code of West Virginia, 1931, as amended, relating to extending the period that wages must be paid after termination.

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

    By Senator Cann:

    Senate Bill No. 296--A Bill to repeal §33-4-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-1-22; to amend and reenact §33-4-8 of said code; to amend and reenact §33-15-4d and §33-15-14 of said code; to amend said code by adding thereto a new section, designated §33-15-22; to amend and reenact §33-16-3h and §33-16-10 of said code; to amend said code by adding thereto a new section, designated §33-16-18; to amend said code by adding thereto three new sections, designated §33-16D-17, §33-16D-18 and §33-16D-19; to amend and reenact §33-24-7c and §33-24-43 of said code; to amend said code by adding thereto a new section, designated §33-24-7m; to amend and reenact §33-25-8b of said code; to amend said code by adding thereto a new section, designated §33-25-8j; to amend and reenact §33-25-20 of said code; to amend and reenact §33-25A-8b of said code; to amend said code by adding thereto a new section, designated §33-25A-8l; to amend and reenact §33-25A-31 of said code; and to amend said code by adding thereto two new sections, designated §33-28-8 and §33-28-9, all relating to creating the West Virginia Fair Health Insurance Act of 2014; defining “illusionary benefit” to require benefits to cover at least seventy-five percent of health care service; establishing reasonable copays among common insurance needs; preventing insurance companies from discriminating against licensed health care practitioners to whom they will pay for a covered service; preventing insurance companies from arbitrarily defining medically necessary rehabilitation services to avoid making payment for a covered service or for a service that should be covered; making physical therapy and rehabilitation services a mandated covered service for any health insurance plan; and increasing the monetary criminal penalty for insurance companies that violate any provisions of the chapter.

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

    By Senator Wells:

    Senate Bill No. 297--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-7-2b, relating to exception to limitation on salaries of certain appointive state officers.

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

    By Senators Unger, D. Hall, Cookman, Tucker, Fitzsimmons, Williams and Cann:

    Senate Bill No. 298--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 Senators Carmichael and M. Hall:

    Senate Bill No. 299--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-19-1, §55-19-2, §55-19-3, §55-19-4, §55-19-5, §55-19-6, §55-19-7, §55-19-8, §55-19-9, §55-19-10, §55-19-11 and §55-19-12, all relating to actions and suits; creating a loser-pays civil justice system; providing for recovery of attorney’s fees by prevailing party and applicability to causes of action and parties; procedure for recovery of attorney’s fees; rebuttable presumption; election by plaintiff and defendant; revocation of election; dismissal or nonsuit of action; award of litigation costs; liability of attorney; and when this article controls over any other law relating to the award of attorney's fees or other costs of litigation in connection with the civil action.

    Referred to the Committee on the Judiciary.

    By Senators Carmichael and Cole:

    Senate Bill No. 300--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5, §51-1B-6, §51-1B-7, §51-1B-8, §51-1B-9 and §51-1B-10, all relating to authorizing a new court to be known as the Intermediate Court of Appeals; setting forth who may serve on the court and how its judges are selected; providing that the judges may not receive additional compensation; setting forth the court’s jurisdictional authority; providing that the Supreme Court of Appeals controls its pleading, practice, procedure, scheduling of terms and adjournment; authorizing the hiring of a clerk of the court and other employees; setting forth the duties of the clerk; providing that the court’s budget be part of the Supreme Court of Appeals’ budget; and permitting appeals to the Supreme Court of Appeals.

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

    By Senators Carmichael, Jenkins, D. Hall and Nohe:

    Senate Bill No. 301--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-1B-1, §4-1B-2 and §4-1B-3; to amend said code by adding thereto a new section, designated §9-3-6; and to amend said code by adding thereto a new section, designated §21A-6-18, all relating to the mandatory drug testing and treatment for members of the Legislature; and implementing random drug testing for recipients of federal, state, state assistance or unemployment compensation benefits.

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

    By Senator Carmichael:

    Senate Bill No. 302--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-28-1, §11-28-2, §11-28-3, §11-28-4, §11-28-5 and §11-28-6, all relating to creating the Tax Revenue Act of 2014; increasing taxes on tobacco, beer, wine and liquor; providing for assessment of business machinery and equipment to be assessed at salvage value; establishing a special account for the increased revenue; providing that the first $1 million received from the increases be directed to the West Virginia Department of Agriculture to assist farmers with tobacco crop replacement programs; and permitting counties to make application for distribution of an amount equal to the 2013 revenue received by the county from the personal property tax on business machinery and equipment.

    Referred to the Committee on Finance.

    By Senators Unger, D. Hall, Jenkins, Miller and Cann:

    Senate Bill No. 303--A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931, as amended, relating to state minimum salaries for teachers; and providing a five-percent pay increase to all public school teachers.

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

    By Senator Palumbo:

    Senate Bill No. 304--A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-3-1 of said code, all relating to limiting the amount a property reappraisal can increase over the previous amount; and clarifying that the limitation does not apply to natural resources property.

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

    By Senator Beach:

    Senate Bill No. 305--A Bill to amend and reenact §22-2-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-3-10 and §22-3-13 of said code, all relating generally to the Abandoned Mine Lands and Reclamation Act and Surface Coal Mining and Reclamation Act; and requiring certain reclamation for post-mining land use to utilize the Clements State Tree Nursery.

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

    By Senators Sypolt and Boley:

    Senate Joint Resolution No. 1--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 Senators Sypolt and Miller:

    Senate Joint Resolution No. 2--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 Sypolt, Jenkins and M. Hall:

    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 Senators Snyder, Unger and Jenkins:

    Senate Joint Resolution No. 4--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. 5--Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof by adding thereto a new section, designated section twenty-three, relating to the marriage protection amendment; prohibiting the state from recognizing same-sex marriages; prohibiting the state from recognizing a legal status for relationships that are similar to marriage; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

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

    By Senators Barnes, Nohe and Jenkins:

    Senate Joint Resolution No. 6--Proposing an amendment to the Constitution of the State of West Virginia, amending section fifteen, article III thereof, relating to religious freedom; 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 Wells:

    Senate Joint Resolution No. 7--Proposing an amendment to the Constitution of the State of West Virginia, amending section 18, article VI thereof, relating to the time and place of assembly and length of legislative session; changing the date for organization of each house of the Legislature by the election of its officers to December 1, following a general election; 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 Barnes and Tucker offered the following resolution:

    Senate Concurrent Resolution No. 1--Requesting the Division of Highways name bridge number 42-43-0.16, the Becky’s Creek Bridge on Route 43 crossing over the Tygart Valley River in Huttonsville, Randolph County, the "Army Sgt. Cecil W. Kittle, Jr., Memorial Bridge".

    Whereas, Sergeant Kittle was born on March 15, 1940, in Randolph County to Cecil Wilbert Kittle, Sr., and Omega Virginia Armentrout Kittle. He had a brother, Master Sergeant Floyd A. Kittle, and two sisters, Carolyn Darlene Kittle and Eva Fae Knight; and

    Whereas, In July, 1962, Sergeant Kittle married Betty Irene Wilt Kittle. They had two children, Richard Nicholas Kittle and Randall Lee Kittle; and

    Whereas, Sergeant Kittle was a career soldier who first entered the Army in July, 1958, after attending Tygarts Valley High School. He served several tours of duty in Europe with the Seventh Army and, in 1961, was involved with activities surrounding the Berlin Wall Crisis while serving with the 51st infantry in Germany; and

    Whereas, In 1965 Sergeant Kittle arrived in Vietnam where he served as a helicopter gunner and a paratrooper in Company C, Second Battalion, Seventh Calvary, and First Air Calvary Division (Airmobile). This unit was involved in the heaviest fighting at the Battle of Ia Drang Valley and Chu Pong Mountain, the first major battle in the Vietnam War; and

    Whereas, American leaders had decided to use newly developed airmobile tactics by flying in American troops by helicopter and Lieutenant General Hal Moore's First Battalion of the Seventh Cavalry was given this assignment in the Battle of Ia Drang Valley; and

    Whereas, The Battle at Ia Drang Valley began on November 14, 1965, and Sergeant Kittle was part of the military's operation to bring troops into Ia Drang Valley to locate the North Vietnamese Army. Lieutenant General Moore had sixteen helicopters to bring in troops which took four hours to get all of his men on the ground. Heavy fire began immediately and the first American soldiers who were dropped off into a small clearing in the Ia Drang Val1ey, known as Landing Zone X-Ray, were immediately surrounded and attacked by two thousand North Vietnamese soldiers. Dozens of men died within this first wave of attacks during the battle, which continued for three more days; and

    Whereas, On November 17, 1965, American military operations were moved to Landing Zone Albany, where U. S. troops were again attacked by the North Vietnamese Army. This second wave of attacks was considered the deadliest ambush of a U. S. unit during the entire course of the Vietnam War. During the night North Vietnamese soldiers walked through the woods executing all wounded American soldiers; and

    Whereas, Air strikes and artillery eventually allowed U. S. troops to secure the area and rescue the survivors. More than three hundred of the four hundred fifty U. S. soldiers were killed in the Battle of Ia Drang Val1ey; and

    Whereas, Sergeant Kittle was killed as a result of hostile action while on a search and destroy mission during the Battle of Ia Drang Valley. He died during the second wave of North Vietnamese attacks on November 17, 1965, at the age of twenty-five. A month later, December 24, 1965, his second son, Randall Lee Kittle, was born; and

    Whereas, Sergeant Kittle was one of nine West Virginia soldiers who died at the Battle of Ia Drang Val1ey. Being a native of Huttonsville, he was also the first Randolph County soldier to be killed in the Vietnam War. He is buried at the Old Brick Cemetery in Huttonsville along with his parents and other family members; and

    Whereas, The Battle at Ia Drang Valley set the tone for the remainder of the Vietnam War as American forces continued to rely on air mobility and heavy fire support; and

    Whereas, Sergeant Kittle was awarded the Purple Heart, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the National Defense Medal, the Army Good Conduct Medal, the Seventh Cavalry Garry Owen Patch and the Combat Infantry Badge; and

    Whereas, Sergeant Kittle’s name is listed on the Vietnam Memorial Wall in Washington, D. C., Panel 3E, Row 82; and

    Whereas, The battle in which Sergeant Kittle died was documented in the 1965 CBS Special Report "Battle of Ia Drang Valley" and in the book "We Were Soldiers Once . . . and Young" by Lieutenant General Hal Moore and reporter Joseph Galloway, who was also at the battle. That book also served as the basis of the 2002 movie "We Were Soldiers" starring Mel Gibson; and

    Whereas, Two local articles also chronicled the book and movie's significance to West Virginia and the people of Randolph County. The headlines read: "Current Vietnam Film has Personal Meaning for Area Residents" in the March 9, 2002, issue of The Elkins Inter-Mountain newspaper and "We Were Solders: West Virginia Veterans Remember Battle at Ia Drang Valley" in the March 7, 2002, issue of the Charleston Gazette newspaper. They are archived at the Cultural Center in Charleston and in the Wise Library in Morgantown. Sergeant Kittle’s November 22, 1965, obituary is also archived at The Elkins Inter-Mountain newspaper library (Vol. LIX No. 45); and

    Whereas, It is fitting to honor Sergeant Cecil W. Kittle, Jr., for his commitment, dedication and service to his country and to his state, having given the ultimate sacrifice; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 42-43-0.16, the Becky’s Creek Bridge on Route 43 crossing over the Tygart Valley River in Huttonsville, Randolph County, the "Army Sgt. Cecil W. Kittle, Jr., Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Army Sgt. Cecil W. Kittle, Jr., 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 to Sergeant Kittle's son, Randall Lee Kittle.

    Which, under the rules, lies over one day.

    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 8, 2014

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, 2014.

                             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. 306--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 eighty-first Legislature, and at the request of Senator Unger, and by unanimous consent, the complete list was ordered printed in the Journal as follows:

STANDING COMMITTEES OF THE SENATE

2014

__________

AGRICULTURE AND RURAL DEVELOPMENT

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

BANKING AND INSURANCE

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

CONFIRMATIONS

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

ECONOMIC DEVELOPMENT

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

EDUCATION

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

ENERGY, INDUSTRY AND MINING

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

ENROLLED BILLS

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

FINANCE

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

GOVERNMENT ORGANIZATION

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

HEALTH AND HUMAN RESOURCES

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

INTERSTATE COOPERATION

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

JUDICIARY

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

LABOR

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

MILITARY

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

NATURAL RESOURCES

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

PENSIONS

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

RULES

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

TRANSPORTATION AND INFRASTRUCTURE

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

_________

SELECT COMMITTEE ON CHILDREN AND POVERTY

    Senators Unger (Chair), Edgell (Vice Chair), Cookman, Laird, Miller, Palumbo, Plymale, Prezioso, Stollings, Barnes and M. Hall.

________

    On motion of Senator Unger, a leave of absence for the day was granted Senator Facemire.

    Pending announcement of a meeting of a standing committee of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, January 9, 2014, at 11 a.m.

____________