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Senate Journal


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sdj-1st day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

FIRST DAY

____________

Charleston, W. Va., Wednesday, February 11, 2009

The Senate met at 12 Noon.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Reverend Dr. Dan Hogan, Forrest Burdette Memorial United Methodist Church, Hurricane, West Virginia.
Pending the reading of the Journal of Wednesday, January 14, 2008,
On motion of Senator White, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Clerk presented a communication from the Board of Examiners for Registered Professional Nurses, submitting its annual report, in accordance with chapter thirty, article twenty-four, section seven of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Clerk presented a communication from the Board of Examiners in Counseling, submitting its annual report as required by chapter thirty, article thirty-one, section five of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Board of Medicine, submitting its annual report, in accordance with chapter thirty, article three, section seven of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Clerk presented a communication from the Department of Environmental Protection, submitting its annual Special Reclamation Fund Advisory Council report as required by chapter twenty-two, article one, section seventeen of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Department of Health and Human Resources, submitting its annual report of the James "Tiger" Morton Catastrophic Illness Commission, in accordance with chapter sixteen, article five-q, section two of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Clerk presented a communication from the Department of Health and Human Resources, submitting its annual long-term care report as required by chapter sixteen, article five-c, section three of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Division of Highways, submitting its annual financial report, in accordance with chapter seventeen, article three, section one-a of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Division of Juvenile Services, submitting its annual report as required by chapter forty-nine, article five, section thirteen-e of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Clerk presented a communication from the Division of Natural Resources, submitting its annual report, in accordance with chapter twenty, article one, section seven of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Clerk presented a communication from the Economic Development Authority, submitting its annual report as required by chapter thirty-one, article fifteen, section twenty-nine of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Public Defender Services, submitting its report of the Indigent Defense Commission, in accordance with chapter twenty-nine, article twenty-one, section three-b of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Public Employees Insurance Agency, submitting its annual financial plan as required by chapter five, article sixteen, section five of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Public Energy Authority, submitting its annual report, in accordance with chapter five-d, article one, section eight of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Ron Yost Personal Assistance Services Program, submitting its annual report as required by chapter eighteen, article ten-l, section seven of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Clerk presented a communication from the State Rail Authority, submitting its annual financial report, in accordance with chapter twenty-nine, article eighteen, section seventeen of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Water Development Authority, submitting its annual report as required by chapter twenty-two-c, article one, section seventeen of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the West Virginia Poison Center, submitting its annual report, in accordance with chapter eighteen-b, article eleven-b, section three of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the West Virginia State Police, submitting its annual report on its effectiveness in recruiting minorities and females as required by chapter fifteen, article two, section seven of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Board of Barbers and Cosmetologists, submitting its annual report, in accordance with chapter sixteen, article one, section six of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Board of Examiners for Licensed Practical Nurses, submitting its annual report as required by chapter thirty, article twenty- four, section seven of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Board of Registration for Professional Engineers, submitting its annual report, in accordance with chapter thirty, article thirteen, section ten of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Bureau of Senior Services, submitting its annual report as required by chapter sixteen, article five-p, section fourteen of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Children's Health Insurance Program, submitting its annual report, in accordance with chapter five, article sixteen-b, section three of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Office of the Attorney General, submitting its annual consumer credit and protection report as required by chapter forty-six-a, article seven, section one hundred two of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Southern States Energy Board, submitting its annual report, in accordance with chapter twenty-nine, article one-e, section two of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 3--Extending an invitation to His Excellency, the Governor, to deliver an address to the Legislature and raising a Joint Assembly therefor.
Whereas, His Excellency, the Governor, has advised that he will be pleased to address a Joint Assembly of the Senate and House of Delegates at the convenience of the two houses; therefore, be it
Resolved by the Legislature of West Virginia:
That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the Legislature at 7:00 o'clock postmeridian this day; and, be it
Further Resolved, That the President of the Senate and the Speaker of the House of Delegates appoint three members of each of the respective houses of the Legislature as a committee to wait upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the time herein appointed for hearing the address.
The message further announced the appointment of the following committee on the part of the House of Delegates:
Delegates Moore, D. Poling and Evans.
At the request of Senator Chafin, 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 Chafin, Edgell and Caruth.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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 Foster and Yost:
Senate Bill No. 1--A Bill to amend and reenact §16-3-4 and §16-3-5 of the Code of West Virginia, 1931, as amended, all relating to providing medical and nonmedical exemptions from mandatory immunizations for school children; requiring parental or guardian affidavit of conscientious or religious belief; requiring parents and guardians to assert their beliefs in an affidavit and to present an affidavit affirming that they have completed an educational course regarding the risks and benefits of immunizations; providing that the affidavit be provided before the exemption may apply; requiring submission of affidavit to magistrate; requiring notification by magistrates; requiring the development of certain rules governing the magistrate review procedure; allowing the removal of students who are not immunized from school in times of emergency or epidemic; and providing that the Commissioner of the Bureau for Public Health may, by rule, add or delete diseases for which vaccines are required for school attendance and provide for the membership of the Immunization Advisory Committee.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Minard, Barnes and Facemire:
Senate Bill No. 2--A Bill to amend and reenact §46A-4-101 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46A-4-102a, all relating to the authority of regulated consumer lenders to make loans; and requiring continuing education of individual regulated consumer lender loan originators.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Minard, Facemire and Sypolt:
Senate Bill No. 3--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31A-2-8b, relating to the authority of the Commissioner of Banking to enter into contracts with depository institutions to provide loan review services; and providing that funds obtained from contracts for loan review services shall be treated the same as bank assessment funds established by said code.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Sypolt, Williams, Deem, Prezioso, Jenkins, Unger, Laird, Wells, Chafin and White:
Senate Bill No. 4--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting all monetary benefits derived from military retirement from personal income tax obligations.
Referred to the Committee on Finance.
By Senators White and Chafin:
Senate Bill No. 5--A Bill to amend and reenact §22A-1-22 of the Code of West Virginia, 1931, as amended, relating to the strengthening of protections for whistleblowers of unsafe working conditions in mines.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senator Boley:
Senate Bill No. 6--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to the care and management of feral cats.
Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
By Senators Bowman and Yost:
Senate Bill No. 7--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-78, relating to specifying that gambling and lottery winnings are taxable; specifying that gambling and lottery losses are tax deductible; and requiring the taxpayer to keep detailed records showing losses.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Caruth and Barnes:
Senate Bill No. 8--A Bill to amend and reenact §31E-8-802 of the Code of West Virginia, 1931, as amended, relating to requiring directors and members of the boards of directors of nonprofit corporations who receive money from a state agency to participate in at least three hours of training; responsibility of state agencies for training; and reimbursement for reasonable expenses.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Caruth, Foster, Deem, Jenkins, Barnes, Unger, Facemire, Sypolt and Chafin:
Senate Bill No. 9--A Bill to amend and reenact §11-21-4e of the Code of West Virginia, 1931, as amended, relating to providing a reduction of the state personal income tax of members of volunteer fire departments who meet certain qualified service requirements.
Referred to the Committee on Finance.
By Senators Prezioso, Unger and Facemire:
Senate Bill No. 10--A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended; to amend and reenact §49-5E-5a of said code; and to amend and reenact §62-12-14 of said code, all relating to providing that correctional officers, parole officers and juvenile corrections officers may retire with full benefits after twenty years of actual and honorable service.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Oliverio, Deem, Prezioso, Jenkins and Sypolt:
Senate Bill No. 11--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting the retirement benefits of certain annuitants under the State Teachers Retirement System from state income tax.
Referred to the Committee on Finance.
By Senators Jenkins, Williams, Barnes, Facemire, Wells, Chafin and White:
Senate Bill No. 12--A Bill to amend and reenact §17A-3-16 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-10-3 of said code, all relating to registration fees for vehicles; allowing a registrant to register a Class G vehicle for a two-year period; requiring all registrations for at least one full year; and facilitating expiration date changes.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Jenkins and Yost:
Senate Bill No. 13--A Bill to amend and reenact sections 1, 2 and 3, chapter 232, Acts of the Legislature, regular session, 1997, all relating to expanding the counties covered by West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing the number of members.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.
By Senators Jenkins, Williams, Foster and Barnes:
Senate Bill No. 14--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5 and §5B-2H-6, all relating to requiring a jobs impact statement for certain proposed legislation.
Referred to the Committee on Economic Development; and then to the Committee on the Judiciary.
By Senators Plymale, Deem, Stollings and Jenkins:
Senate Bill No. 15--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-11-5a; to amend said code by adding thereto a new section, designated §8-21-10a; to amend and reenact §19-25-3 of said code; and to amend said code by adding thereto a new section, designated §20-5-3a, all relating to limiting liability of the section of Parks and Recreation of the Division of Natural Resources, county parks and recreation commissions, boards of parks and recreation commissioners and owners of land used for public parks and recreation purposes under an agreement with any of the foregoing entities.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senators Plymale, Prezioso, Jenkins, Yost and Laird:
Senate Bill No. 16--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-413, relating to penalties for any person who manufactures, sells or dispenses controlled drugs classified in Schedules I, II or III which result in death from the injection, inhalation or ingestion of those drugs.
Referred to the Committee on the Judiciary.
By Senators Plymale, Bowman and White:
Senate Bill No. 17--A Bill to amend and reenact §29-22A-10 and §29-22A-10b of the Code of West Virginia, 1931, as amended, all relating to the net terminal income allocated to the Development Office Promotion Fund and the Cultural Facilities and Capitol Resources Matching Grant Program Fund; and technical amendments.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Prezioso, Williams, Foster, Deem, Barnes, Unger, Wells, Sypolt, Chafin and White:
Senate Bill No. 18--A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to reducing the ratio of school nurses to school children; and eliminating the provision allowing county boards to contract with county health departments for equivalent nursing services.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Kessler, Deem, Minard, Prezioso, Yost, Facemire and Chafin:
Senate Bill No. 19--A Bill to amend and reenact §33-3-33 of the Code of West Virginia, 1931, as amended, relating to providing for administration and training expenses from Fire Protection Fund revenue to the West Virginia State Fire Chiefs' Association and the West Virginia State Fireman's Association; eligibility and requirements for receipt of funds; and exempting both associations from eligibility and spending requirements provided for volunteer and part-volunteer fire company or department.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 20--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62- 1-1a, relating to the temporary detention of criminal suspects by law-enforcement officers to inquire on commission of a crime where probable cause appears to exist.
Referred to the Committee on the Judiciary.
By Senators Deem and Hall:
Senate Bill No. 21--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i, relating to allowing a federal adjusted gross income deduction for the amount spent on a high deductible health plan purchased in conjunction with a health savings account.
Referred to the Committee on Finance.
By Senators Minard, Williams, Unger and Facemire:
Senate Bill No. 22--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 Finance.
By Senators Fanning and Wells:
Senate Bill No. 23--A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-15-4j; to amend said code by adding thereto a new section, designated §33-16-3t; to amend said code by adding thereto a new section, designated §33-24-7j; to amend said code by adding thereto a new section, designated §33-25-8h; and to amend said code by adding thereto a new section, designated §33-25A-8i, all relating to insurance coverage for acupuncture treatment generally; and providing insurance coverage under the Public Employees Insurance Act and certain other insurance policies for acupuncture treatment performed by a licensed acupuncturist.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Foster, Bowman, Deem, Unger and White:
Senate Bill No. 24--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the reduction of state income taxes for certain state and federal retirees by increasing the exemption on retirement income in calculating the adjusted gross income for state personal income tax purposes.
Referred to the Committee on Finance.
By Senators Foster and White:
Senate Bill No. 25--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-10E-1, §5-10E-2, §5-10E-3, §5-10E-4, §5-10E-5, §5-10E-6 and §5-10E-7, all relating to establishing the West Virginia Voluntary Accounts Program; defining certain terms; requiring private employers to provide employees savings opportunities; permitting certain other savings plans; providing that the principal account is created in the State Treasury; and providing procedures for implementing a voluntary savings account program for employees and employers in the private sector.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Foster:
Senate Bill No. 26--A Bill to amend and reenact §60-3-9d of the Code of West Virginia, 1931, as amended, relating to increasing the tax on purchases of intoxicating liquors outside corporate limits of municipalities.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Foster:
Senate Bill No. 27--A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-38, relating to creating the Physicians Lien Act; creating physician liens on claims and causes of action by injured parties; requiring the release of physician records; requiring adjudication of claims; and establishing priority of lien.
Referred to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 28--A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-1-3 of said code, all relating to requiring the Commissioner of the Bureau for Public Health to conduct a public health impact statement assessing the health impact of any new air or water rule, or modification of an existing air or water rule, proposed by the Secretary of the Department of Environmental Protection; and requiring the Secretary of the Department of Environmental Protection to incorporate findings of the impact statement into the proposed rule.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Foster, Laird, Wells, Kessler, Chafin and White:
Senate Bill No. 29--A Bill to amend and reenact §21-5D-4 and §21-5D-5 of the Code of West Virginia, 1931, as amended, all relating to allowing employees to use paid accumulated sick leave as paid family leave to care for a family member.
Referred to the Committee on Finance.
By Senators Kessler, Browning, Green, Yost, Unger and Chafin:
Senate Bill No. 30--A Bill to amend and reenact §5-10-25 of the Code of West Virginia, 1931, as amended, relating to the Public Employees Retirement System; and preventing reduction of disability pensions at age sixty-five.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Sypolt, Deem, Stollings, Barnes, Laird and Hall:
Senate Bill No. 31--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 Facemyer and Kessler:
Senate Bill No. 32--A Bill to amend and reenact §16-9A-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-5-2 of said code, all relating to granting municipal courts jurisdiction over juveniles who violate laws and ordinances relating to tobacco use.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Deem, Minard, Facemire and Sypolt:
Senate Bill No. 33--A Bill to repeal §16-2F-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-6, §16-2F-8 and §16-2F-9 of said code; and to amend said code by adding thereto a new section, designated §16-2F-8a, all relating to parental notification requirements for obtaining abortions by unemancipated minors; defining terms; requiring proof of age prior to an abortion; providing for substitute notification in certain instances; modifying physician reporting requirements; providing for criminal penalties; providing for preservation of fetal tissue in instances of sexual assault; and providing for severability.
Referred to the Committee on Health and Human Resources; then to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Unger, Deem and Facemire:
Senate Bill No. 34--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 establishing the West Virginia Volunteer Firefighter Length of Service Act.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Unger and Foster:
Senate Bill No. 35--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-3A-3a; and to amend said code by adding thereto a new section, designated §60-7-9, all relating to requiring employees of licensed private clubs and retail outlets selling alcoholic beverages to take the techniques for education and alcohol management course or other similar alcohol awareness education course provided or approved by the Alcohol Beverage Control Commissioner.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 36--A Bill to amend and reenact §49-6-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8D-4 of said code, all relating to parental manufacture, possession or distribution of a controlled substance while a child is present in the home; disposition of neglected children; and criminal penalty.
Referred to the Committee on the Judiciary.
By Senators White, Foster and Chafin:
Senate Bill No. 37--A Bill to amend and reenact §5-1-26 of the Code of West Virginia, 1931, as amended, relating to giving the office of the Attorney General the power to investigate and charge, at any time, home heating oil, gasoline or other motor fuel price gouging.
Referred to the Committee on the Judiciary.
By Senators Sypolt, Deem and Barnes:
Senate Bill No. 38--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-31, relating to allowing pharmacists and other individuals involved in dispensing medicines to refuse to fill prescriptions or dispense any substance that can be used as an abortifacient or that can be used as part of an abortion-related procedure; providing employee protection; and providing criminal penalty.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Sypolt and Deem:
Senate Bill No. 39--A Bill to amend and reenact §18B-2A-4 of the Code of West Virginia, 1931, as amended, relating to prohibiting abortions at state college or university medical facilities except when the abortion is necessary to save the life of the woman receiving the abortion.
Referred to the Committee on Health and Human Resources.
By Senators Sypolt and Deem:
Senate Bill No. 40--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-13A-38; and to amend said code by adding thereto a new section, designated §31-2-16, all relating to land surveyors entering on railroad property; providing railroad company not liable for injury or damages sustained by land surveyor on railroad property; and providing liability for actual damages to railroad property caused by land surveyor.
Referred to the Committee on the Judiciary.
By Senators Sypolt and Deem:
Senate Bill No. 41--A Bill to amend and reenact §11-21-21 of the Code of West Virginia, 1931, as amended, relating to changing the qualifier for low income to three hundred percent or less of the federal poverty guideline from one hundred fifty percent or less of the federal poverty guideline for a senior citizens' homestead tax credit.
Referred to the Committee on Finance.
By Senator Sypolt:
Senate Bill No. 42--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 equal number of members from each magisterial district on county planning commissions.
Referred to the Committee on Government Organization.
By Senators Minard, Deem and Facemire:
Senate Bill No. 43--A Bill to amend and reenact §46A-7-115 of the Code of West Virginia, 1931, as amended, relating to consumer credit and protection generally; requiring persons engaged in making consumer credit sales and certain other consumer-related activities to register with the Commissioner of Banking instead of filing a notification with the Tax Division; setting forth the provisions of a registration form; providing for a registration fee; and exempting certain other organizations and individuals from the registration requirements.
Referred to the Committee on Banking and Insurance.
By Senators Minard and Facemire:
Senate Bill No. 44--A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to increasing the number of allowable magistrate court deputy clerks; and designating an additional deputy clerk for Braxton County.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Fanning and Chafin:
Senate Bill No. 45--A Bill to amend and reenact §22-6-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-11-8 of said code, all relating to authorizing the Secretary of the Department of Environmental Protection to sign National Pollutant Discharge Elimination System permits.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senator Deem:
Senate Bill No. 46--A Bill to amend and reenact §5A-4-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-1-1 of said code, all relating to placing the West Virginia Science and Cultural Center under the authority and control of the General Services Division of the Department of Administration.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Deem:
Senate Bill No. 47--A Bill to amend and reenact §18B-10-1 of the Code of West Virginia, 1931, as amended, relating to tuition and fees at institutions of higher education; and authorizing each higher education governing board to increase fees of students taking more hours of course work than the number of hours of course work defined as full time.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Deem, Foster, Sypolt and Hall:
Senate Bill No. 48--A Bill to amend and reenact §29-22B-1902 of the Code of West Virginia, 1931, as amended, relating to allowing a county commission to provide, by ordinance, for regulation and restriction of the location of any premises in which a limited video lottery retailer holds a license.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Deem:
Senate Bill No. 49--A Bill to amend and reenact §17-24A-1 and §17-24A-2 of the Code of West Virginia, 1931, as amended, all relating to abandoned motor vehicles; clarifying certain definitions; making it a misdemeanor offense to abandon a motor vehicle which is unlicensed or inoperable, or both, upon any private property for a period of more than thirty days unless the vehicle is in an enclosed building; setting forth certain exceptions; and penalties.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Caruth and Sypolt:
Senate Bill No. 50--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to requiring that every woman seeking an abortion be given the opportunity to see an ultrasound image of the fetus; prescribing a criminal penalty for violations of this section; and providing that nothing in the section can be construed as approving of abortion.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Caruth:
Senate Bill No. 51--A Bill to amend and reenact §55-7C-3 of the Code of West Virginia, 1931, as amended, relating to changing the circumstances under which a qualified director of certain governmental and nonprofit entities is relieved from civil liability for actions conducted in the performance of managerial functions on behalf of the entity.
Referred to the Committee on the Judiciary.
By Senators Caruth and Deem:
Senate Bill No. 52--A Bill to amend and reenact §47-23-9 and §47-23-11 of the Code of West Virginia, 1931, as amended, all relating to charitable raffle boards and games; prohibiting the sale of raffle boards and games to unauthorized persons; and prohibiting possession of charitable raffle boards and games by unauthorized persons.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Bowman, Williams, Deem and Sypolt:
Senate Bill No. 53--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting the first $10,000 of state pensions and Social Security benefits from West Virginia personal income tax with an increase to $15,000 for retirees who are sixty-five years old or older.
Referred to the Committee on Finance.
By Senators Hall, Barnes and Sypolt:
Senate Bill No. 54--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5-20a, relating to requiring the collection of statistics relative to abortions performed in the state.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Hall and Foster:
Senate Bill No. 55--A Bill to amend and reenact §9-3-1 and §9-3-2 of the Code of West Virginia, 1931, as amended, all relating to eliminating the requirement of the use of a Social Security number in securing any state services.
Referred to the Committee on the Judiciary.
By Senators Edgell, Foster, Unger, Wells, Chafin and Plymale:
Senate Bill No. 56--A Bill to amend and reenact §18A-4-2a of the Code of West Virginia, 1931, as amended, relating to payment of National Board for Professional Teaching Standards salary bonus to holders subsequently employed in certain administrative and instructional leadership positions.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Edgell and Kessler:
Senate Bill No. 57--A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931, as amended, relating to certificates and permits to coach in public schools; removing certain limitation on such service under certain conditions; making technical corrections; and deleting obsolete language.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Fanning, Chafin and White:
Senate Bill No. 58--A Bill to amend and reenact §22-3-30a of the Code of West Virginia, 1931, as amended, relating to allowing penalties collected under the Department of Environmental Protection's blasting program to be deposited in the Special Reclamation Fund.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
By Senator Deem:
Senate Bill No. 59--A Bill to amend and reenact §18A-2-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-3A-2b of said code, all relating to requiring principals to take on greater authority and control over teachers' classroom teaching performance; and requiring the state board to propose rules for legislative approval designed to develop and implement a program to train principals to act with greater control and authority over the teachers in their schools in a manner similar to corporate chief executive officers in order to maintain higher standards in the classroom and promote constant professional improvement of teachers.
Referred to the Committee on Education.
By Senators Bowman and Yost:
Senate Bill No. 60--A Bill to amend and reenact §11-21-12d of the Code of West Virginia, 1931, as amended, relating to providing a personal income tax adjustment to the gross income of certain retirees receiving pensions from defined pension plans that terminated and are being paid a reduced maximum benefit guarantee.
Referred to the Committee on Finance.
By Senators Bowman, Chafin and White:
Senate Bill No. 61--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22k, relating to increasing benefits of certain retired state personnel by three percent July 1, 2009, and then by three percent every five years thereafter.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 62--A Bill to amend and reenact §16-9A-3 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for use or possession of tobacco or tobacco products by a person under eighteen years of age; increasing fines and community service requirements; and providing, upon a second offense, for revocation of the person's junior or graduated driver's license until the minor attains eighteen years of age or if the person does not yet have a driver's license, the person is ineligible to apply for any type of driver's license until the minor attains eighteen years of age.
Referred to the Committee on the Judiciary.
By Senators Plymale, Jenkins and White:
Senate Bill No. 63--A Bill to amend and reenact §29-22-18a of the Code of West Virginia, 1931, as amended, relating to increasing the amount from the State Excess Lottery Revenue Fund that is deposited each fiscal year into the Higher Education Improvement Fund for higher education from $10 million to $15 million.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Kessler, Deem, Minard and Facemire:
Senate Bill No. 64--A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended, relating to providing for a pension for volunteer firemen to enhance retention and recruitment of volunteer firemen; and authorizing revenues allocated to volunteer and part-volunteer fire companies and departments to fund pensions for volunteer firemen.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Prezioso, Williams, Deem, Facemire and Chafin:
Senate Bill No. 65--A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended, relating to providing that any service in the United States armed forces up to five years is credited service toward retirement for members of the Public Employees Retirement System.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Oliverio:
Senate Bill No. 66--A Bill to amend and reenact §18A-4-10f of the Code of West Virginia, 1931, as amended, relating to leave donation program; definitions; and return of personal leave days which were donated from one school employee to another.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Bowman and Chafin:
Senate Bill No. 67--A Bill to amend and reenact §18-9A-7 of the Code of West Virginia, 1931, as amended, relating to allocating $15,000 to each county to be used for transporting students to school-related activities within the state; requiring approval in advance from superintendent of schools for the county making the request; and forfeiture of unused funds.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Bowman, Williams and Jenkins:
Senate Bill No. 68--A Bill to amend and reenact §5-10-22 of the Code of West Virginia, 1931, as amended, relating to public employees retirement generally; and increasing the multiplier from two percent to two and one-quarter percent.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Bowman, Kessler, Chafin and White:
Senate Bill No. 69--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26v, relating to increasing benefits of certain retired teachers by three percent July 1, 2009, and then by three percent every five years thereafter.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 70--A Bill to amend and reenact §15-2-33 of the Code of West Virginia, 1931, as amended; and to amend and reenact §15-2A-12 of said code, all relating to removing the cap on scholarship funds for surviving dependent children of certain deceased members of the West Virginia State Police.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Facemyer and Hall:
Senate Bill No. 71--A Bill to amend and reenact §11-15-8 of the Code of West Virginia, 1931, as amended, relating to listing certain professional and personal services as exempt from the payment of the consumers sales and service tax.
Referred to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 72--A Bill to amend and reenact §48-7-107 of the Code of West Virginia, 1931, as amended, relating to providing for the automatic court-ordered transfer of title to marital property upon decree of divorce.
Referred to the Committee on the Judiciary.
By Senators Barnes and Sypolt:
Senate Bill No. 73--A Bill to amend and reenact §3-8-12 of the Code of West Virginia, 1931, as amended, relating to limitation of distributing, handing out or otherwise dispensing public moneys by elected officials within ninety days of elections.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Oliverio:
Senate Bill No. 74--A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §18-9A-5b; and to amend and reenact §18A-4-15 of said code, all relating to the hiring of substitute service personnel by county school boards who can be used on a daily basis but do not count against the yearly state aid fund.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Kessler, Guills and White:
Senate Bill No. 75--A Bill to amend and reenact §11-16-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-1-4 of said code, all relating to changing the use of alcoholic beverages by minors from a status offense to a juvenile delinquent offense.
Referred to the Committee on the Judiciary.
By Senators Kessler, Guills, Deem, Barnes, Minard, Yost and Laird:
Senate Bill No. 76--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, relating to prohibiting state funding of abortions.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, Jenkins and White:
Senate Bill No. 77--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-22; to amend said code by adding thereto a new section, designated §33-16-18; and to amend said code by adding thereto a new section, designated §33-16D-17, all relating to requiring health insurers to provide full coverage for the prevention, early detection, diagnosis and treatment of autism spectrum disorder.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Kessler, Yost and Sypolt:
Senate Bill No. 78--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 create and issue a Patriot Guard Riders license plate for passenger vehicles and motorcycles.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Barnes, Guills and Sypolt:
Senate Bill No. 79--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-19, relating to the Public Service Commission generally; and directing the Public Service Commission to promulgate rules.
Referred to the Committee on the Judiciary.
By Senators Boley and Guills:
Senate Bill No. 80--A Bill to amend and reenact §18A-4-2a of the Code of West Virginia, 1931, as amended, relating to the salary bonus for National Board for Professional Teaching Standards certification; providing an exception if the certification is renewed to the ten-year limit for receiving the bonus; and providing that a classroom teacher holding the certification who subsequently becomes employed as a school principal, assistant school principal or in another position in an instructional leadership capacity receives the salary bonus.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Prezioso, Minard, Unger and Facemire:
Senate Bill No. 81--A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-5-2a; and to amend and reenact §25-1-11d of said code, all relating to granting salary increases to Division of Corrections' employees based on years of service; providing retention incentives for Division of Corrections' employees; and increasing state increment pay for Division of Corrections' employees.
Referred to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 82--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-2F-1, §15-2F-2, §15-2F-3 and §15-2F-4, all relating to creating the West Virginia State Police Higher Education Security Act.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 83--A Bill to amend and reenact §61-8-19 of the Code of West Virginia, 1931, as amended, relating to prescribing minimum requirements relative to tethering or chaining any animal; including the length and weight of chains or tethering devices, as well as other requirements, all of which are intended to protect animals from cruel treatment; and providing criminal penalties for violations.
Referred to the Committee on the Judiciary.
By Senators Unger and Facemire:
Senate Bill No. 84--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-12a, relating to authorizing municipalities to permit certain veterans to park free.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Unger and Facemire:
Senate Bill No. 85--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1B-27, relating to creating a fund to reimburse group life insurance premiums paid by members of the National Guard in exchange for and in recognition of their assumption of extended periods of active duty in combat areas; establishing a Service Members' Life Insurance Reimbursement Fund in the State Treasury; requiring promulgation of emergency rules; and providing for appropriations to the fund.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senators Unger and Chafin:
Senate Bill No. 86--A Bill to amend and reenact §15-2-20 of the Code of West Virginia, 1931, as amended, relating to increasing the relocation expense allotment for members of the West Virginia State Police when the transfer necessitates relocation of the member's family.
Referred to the Committee on Finance.
By Senators Facemyer, Barnes and Hall:
Senate Bill No. 87--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5 and §55-7E-6, all relating to filing of claims for asbestos; disclosures regarding existing and anticipated claims involving asbestos bankruptcy trusts; defendants' rights in asbestos action to require claimant to show cause regarding additional bankruptcy trust claims; certification of cause of action by court; discovery of materials from bankruptcy trusts; value of trust claims; sanctions for noncompliance; and rights of setoff.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Facemyer, Williams, Foster and Hall:
Senate Bill No. 88--A Bill to amend and reenact §4-11A-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §19-1-4 of said code; and to amend said code by adding thereto a new section, designated §19-1-4e, all relating to the Tobacco Settlement Fund; duties of the Commissioner of the Department of Agriculture; duty to assist farmers to make the transition from growing tobacco to growing other crops or pursuing other agriculture-related businesses; creating the Transition Program for Tobacco Farmers' Fund; and creating the Transition Program for Tobacco Farmers.
Referred to the Committee on Agriculture; and then to the Committee on Finance.
By Senator Deem:
Senate Bill No. 89--A Bill to amend and reenact §11-1C-11 of the Code of West Virginia, 1931, as amended, relating to valuation of managed timberland.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Deem:
Senate Bill No. 90--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i, relating to allowing a federal adjusted gross income deduction for the amount spent on health insurance; and defining terms.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Boley:
Senate Bill No. 91--A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-6-1 of said code; and to amend and reenact §17F-1-9 of said code, all relating to expanding the definition of "all-terrain vehicle" to include all-terrain utility vehicles.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Jenkins, Williams, Guills, Barnes, Hall and Plymale:
Senate Bill No. 92--A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended, relating to eliminating the severance tax on timber for three years.
Referred to the Committee on Finance.
By Senators Oliverio, Guills, Foster, Facemire and Chafin:
Senate Bill No. 93--A Bill to amend and reenact §5A-3B-1 and §5A-3B-2 of the Code of West Virginia, 1931, as amended, all relating to authorizing municipalities to enter into contracts for energy-savings contracts.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Minard and Facemire:
Senate Bill No. 94--A Bill to amend and reenact §20-5-16 of the Code of West Virginia, 1931, as amended, relating to allowing the Director of the Division of Natural Resources to enter into contracts granting long-term usage and related rights and privileges to third parties sufficient to attract private investment for the financing, construction and operation of additional lodging units at Stonewall Jackson Lake State Park; and directing the Director of the Division of Natural Resources to file emergency and legislative rules governing any such long-term usage contracts and related rights and privileges.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 95--A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931, as amended, relating to the transfer and credit of surplus cash balances between funds administered by the Commissioner of Highways.
Referred to the Committee on Finance.
By Senators White and Chafin:
Senate Bill No. 96--A Bill to amend and reenact §46A-6J-3 and §46A-6J-5 of the Code of West Virginia, 1931, as amended, all relating to giving the office of the Attorney General the power to investigate and charge, at any time, home heating oil, gasoline or other motor fuel price gouging.
Referred to the Committee on the Judiciary.
By Senators Boley and Unger:
Senate Bill No. 97--A Bill to amend and reenact §17B-3-3a, §17B-3-3c and §17B-3-4 of the Code of West Virginia, 1931, as amended, all relating to providing that accessible parking violations will be considered motor vehicle violations and criminal offenses for certain penalty and record-keeping purposes.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 98--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-2-11a, relating to authorizing the Alcohol Beverage Control Commissioner and certain employees to have arrest powers; and authorizing the carrying of a concealed weapon while performing his or her official duties.
Referred to the Committee on the Judiciary.
By Senator White:
Senate Bill No. 99--A Bill to amend and reenact §25-4-6 of the Code of West Virginia, 1931, as amended, relating to assignment of youthful offenders to the custody of the Division of Corrections; and providing that where an offender has completed the treatment program and is returned to court for sentencing but commits a crime between the time of release from the youthful offender center and the sentencing hearing, the judge has the discretion to impose the original sentence instead of releasing the offender on probation.
Referred to the Committee on the Judiciary.
By Senators Oliverio, Guills, Chafin and Hall:
Senate Bill No. 100--A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931, as amended, relating to hiring of substitute teachers.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Deem, Guills, Foster and Wells:
Senate Bill No. 101--A Bill to amend and reenact §29-22B-702 of the Code of West Virginia, 1931, as amended, relating to prohibiting the placement of automated teller machines in establishments that contain video lottery terminals.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Caruth and Kessler:
Senate Bill No. 102--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-4A-2c; and to amend and reenact §16-2D-6 of said code, all relating to providing Medicaid coverage for ventilator patient care at skilled nursing facilities and through private duty nursing in the patient's home; defining terms; and revising certificate of need standards regarding ventilator services in skilled nursing facilities.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Sypolt, Guills, Barnes and Hall:
Senate Bill No. 103--A Bill to amend and reenact §62-3-3 of the Code of West Virginia, 1931, as amended, relating to selection of juries in felony cases.
Referred to the Committee on the Judiciary.
By Senators Sypolt, Guills, Barnes and Hall:
Senate Bill No. 104--A Bill to amend and reenact §52-1-8 of the Code of West Virginia, 1931, as amended, relating to better defining the basis for disqualification of prospective jurors.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 105--A Bill to amend and reenact §31-17-5, §31-17-8 and §31-17-14 of the Code of West Virginia, 1931, as amended, all relating to mortgage license provisional approval; disclosure of fees in a mortgage loan; and administrative hearing, appeal and scheduling procedures.
Referred to the Committee on Banking and Insurance.
By Senators Minard and Facemire:
Senate Bill No. 106--A Bill to amend and reenact §31A-8A-2 of the Code of West Virginia, 1931, as amended, relating to permitting West Virginia state banks or bank holding companies to acquire out-of-state banks and bank holding companies.
Referred to the Committee on Banking and Insurance.
By Senators Minard, Jenkins, Facemire, Sypolt, Chafin and Hall:
Senate Bill No. 107--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting Social Security income from state personal income tax.
Referred to the Committee on Finance.
By Senators Jenkins, Guills and Chafin:
Senate Bill No. 108--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; and requiring the sentencing court to conduct a hearing at or before sentencing to determine the individual's ability to pay the costs.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Jenkins and Deem:
Senate Bill No. 109--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-11-7; to amend said code by adding thereto a new section, designated §8-21-10a; and to amend said code by adding thereto a new section, designated §20-5-23, all relating to immunity from civil liability for operators of parks and recreation districts.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senator Oliverio:
Senate Bill No. 110--A Bill to amend and reenact §9-5-11 of the Code of West Virginia, 1931, as amended, relating to exempting insurance burial policies from assignment by Medicaid recipients to the Department of Health and Human Resources.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Jenkins and Foster:
Senate Bill No. 111--A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Secondary School Activities Commission; requiring evaluation by the Legislative Auditor; and requiring board members and officers to comply with ethical standards for elected and appointed officials.
Referred to the Committee on Education.
By Senator Hall:
Senate Bill No. 112--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-15-23a, relating to the creation of a fund for the repair of bridges in certain municipalities; and providing for administration by the West Virginia Economic Development Authority.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senator Green:
Senate Bill No. 113--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C-1-6, relating to the recision of higher education loans, scholarships or other financial aid from students who receive two or more citations for an open container violation, DUI, underage consumption, public intoxication or contributing to the delinquency of a minor.
Referred to the Committee on Education; and then to the Committee on the Judiciary.
By Senators Plymale, Guills and Chafin:
Senate Bill No. 114--A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to professional development; increasing the employment term for teachers; changing instructional support and enhancement days to professional development days; allowing more of certain days to be scheduled prior to August 26 for the purposes of preparing for the opening of school and staff development; requiring four of certain days to be scheduled for professional development; and requiring that professional development conducted on certain days be consistent with the county strategic plan.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Prezioso, Guills, Foster, Stollings and Kessler:
Senate Bill No. 115--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-10, relating to prohibiting smoking of tobacco products in a motor vehicle while an individual fourteen years of age or less is present; setting forth legislative findings; definitions; violation of section a secondary offense; providing penalties; and local ordinances or regulations.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Prezioso and Foster:
Senate Bill No. 116--A Bill to amend and reenact §16-5R-7 of the Code of West Virginia, 1931, as amended, relating to penalties for failure to properly report pursuant to reporting requirements of the Alzheimer's Disease Registry.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Guills, Unger and White:
Senate Bill No. 117--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting from state personal income tax obligations all monetary benefits derived from Division of Natural Resources conservation officers' retirement.
Referred to the Committee on Finance.
By Senator Kessler:
Senate Bill No. 118--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2B-15; and to amend and reenact §57-5-11 of said code, all relating to requiring the appropriate governmental entity to retain any biological material that is secured in the investigation or prosecution of a criminal case for the period of time that a defendant remains incarcerated in connection with that case.
Referred to the Committee on the Judiciary.
By Senator Facemyer:
Senate Bill No. 119--A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to providing that the term of imprisonment for malicious assault on certain individuals and officers, including police officers, be ten years.
Referred to the Committee on the Judiciary.
By Senator Facemyer:
Senate Bill No. 120--A Bill to amend and reenact §17C-17-9 of the Code of West Virginia, 1931, as amended, relating to increasing the maximum weight for six-axle tractor trailers.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Plymale and Facemire:
Senate Bill No. 121--A Bill to amend and reenact §18A-1-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18A-2-9a, all relating to setting standards for assignment of high school athletic directors.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Unger and Facemire:
Senate Bill No. 122--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-12-5c, relating to authorizing the State Board of Risk and Insurance Management to provide insurance to county and regional airport authorities and municipal airports.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Unger, Foster, Prezioso, Stollings, Jenkins and Laird:
Senate Bill No. 123--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C-3-1a, relating to providing a loan forgiveness program for nurses.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Unger, Prezioso, Chafin and Boley:
Senate Bill No. 124--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, relating to compensating state troopers for off-duty time when they are required to be on standby to be called back to work.
Referred to the Committee on Finance.
By Senators Facemyer, Facemire and Hall:
Senate Bill No. 125--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-15, relating to the board hiring the best qualified person for extracurricular activities.
Referred to the Committee on Education.
By Senators Facemyer, Guills, Jenkins, Laird and Chafin:
Senate Bill No. 126--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-65, relating to providing a single resident license for all hunting, fishing and trapping; and providing that one percent of the General Revenue Fund each fiscal year is dedicated for use by the Division of Natural Resources.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 127--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-4C-14a, relating to authorizing emergency medical technicians to administer epinephrine to persons suffering from an allergy attack.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 128--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to issue a War on Terrorism Service Medal license plate displaying the War on Terrorism Service Medal logo.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators McCabe and White:
Senate Bill No. 129--A Bill to amend and reenact §30-40-11 of the Code of West Virginia, 1931, as amended, relating to licensing real estate agents and brokers generally; and requiring the Real Estate Licensing Commission to conduct a criminal background check on applicants.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Plymale, Browning, Chafin and White:
Senate Bill No. 130--A Bill to amend and reenact §31-15A-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §31-15A-7a and §31-15A-10a, all relating to the West Virginia Infrastructure and Jobs Development Council; providing for the planning, construction and expansion of new or existing water, sewer, gas, telecommunication lines or facilities and other infrastructure concomitant to the construction of the new roads projects; providing a tax credit for contributions for planning, construction or expansion of new or existing water, sewer and telecommunication lines or facilities concomitant to the construction of the new roads projects; and providing a tax credit for contributing to the completion of projects recommended by the council and roads associated with such projects.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Guills, Foster and Barnes:
Senate Bill No. 131--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-3, relating to prohibiting use of a handheld cell phone while driving; providing exceptions; providing a penalty for violations; and providing that points may not be assessed against driver's license for a violation.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Chafin, Stollings, Green and Fanning:
Senate Bill No. 132--A Bill to amend and reenact §11-13A-5a of the Code of West Virginia, 1931, as amended, relating to dedicating a portion of revenue generated from severance taxes for the benefit of counties and municipalities; creating fund; and providing permissible uses for fund.
Referred to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 133--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-27-38, relating to providing a tax credit to medical providers in an amount equal to their investment in electronic medical records technology.
Referred to the Committee on Finance.
By Senators McCabe, Foster, Minard, Facemire and Kessler:
Senate Bill No. 134--A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful discriminatory practices generally; prohibiting discrimination based upon age or sexual orientation in housing; defining "sexual orientation" and "age"; and exempting certain religious organizations and nonprofit organizations from sexual orientation proscriptions based upon religious beliefs or tenets.
Referred to the Committee on the Judiciary.
By Senators Barnes and Sypolt:
Senate Bill No. 135--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §33-42-10 and §33-42-11, all relating to the care of aborted fetuses; requiring medical facilities that provide abortions to administer anesthesia to an unborn fetus when aborted if it is older than seven weeks; requiring all available medical means to be used to preserve the life of a fetus if it is alive when aborted; and providing criminal penalties for violations.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Jenkins and Deem:
Senate Bill No. 136--A Bill to amend and reenact §3-1-16 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4A-11a of said code; to amend said code by adding thereto a new section, designated §3-5-6a; to amend and reenact §3-5-7, §3-5-13 and §3-5-13a of said code; and to amend said code by adding thereto a new section, designated §3-6-2a, all relating to the nonpartisan election of justices of the Supreme Court of Appeals; timing and frequency of election; ballot design and printing; separation from partisan ballot; nonpartisan election of justices; filing announcement of candidacies; withdrawal of announcement of candidacies; refund of paid filing fees; and ballot content and form.
Referred to the Committee on the Judiciary.
By Senators Kessler and Foster:
Senate Bill No. 137--A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-6-1 of said code; and to amend and reenact §17F-1-1, §17F-1-3, §17F-1-7 and §17F-1-9 of said code, all relating to the regulation of all-terrain vehicles; prohibiting operation on paved roads; defining terms; and providing for regulation of all-terrain vehicles by local government authorities.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Barnes and Sypolt:
Senate Bill No. 138--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to prohibiting the performance of any abortion when the woman seeking it is doing so solely on account of the gender of the fetus; and prescribing a criminal penalty for violations of this section.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 139--A Bill to amend and reenact §61-7-2 and §61-7-10 of the Code of West Virginia, 1931, as amended, all relating to prohibiting the purchase or attempt to purchase a firearm from a firearm dealer by a person other than the actual purchaser; prohibiting and punishing a person other than a law-enforcement officer acting within the scope of duty from soliciting a firearm dealer to convey a firearm other than to an actual buyer; prohibiting and punishing the purchase or other acquisition of a firearm with the intent of certain dispositions of the same; prohibiting and punishing an attempt by a person prohibited from possessing firearms to purchase a firearm through a third-party purchaser; defining terms; and conforming certain definitions to federal law.
Referred to the Committee on the Judiciary.
By Senators Guills, Deem and Sypolt:
Senate Bill No. 140--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, relating to prohibiting subsidies to entities that perform abortions.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Minard and Facemire:
Senate Bill No. 141--A Bill to amend and reenact §46A-6-102 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46A-6-111, all relating to defining "consumer reporting agency"; requiring consumer reporting agencies to notify consumers of negative credit reports in advance of their release; and providing a cause of action and civil penalties for violations.
Referred to the Committee on Banking and Insurance.
By Senators White and Foster:
Senate Bill No. 142--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Z-1, §11-13Z-2, §11-13Z-3, §11-13Z-4, §11-13Z-5, §11-13Z-6, §11-13Z-7, §11-13Z-8, §11-13Z-9, §11-13Z-10, §11-13Z-11, §11-13Z-12, §11-13Z-13, §11-13Z-14, §11-13Z-15, §11-13Z-16, §11-13Z-17, §11-13Z-18, §11-13Z-19, §11-13Z-20 and §11-13Z-21, all relating to taxation generally; setting forth short title; setting forth legislative findings; defining terms; specifying method for determining tax attributable to qualified investment; specifying eligibility for tax credit; specifying procedures for application for certification and for certification of project plans; specifying limitations on certification and criteria for certification; specifying applications for certification are public information; specifying procedures and criteria for decertification of projects or withdrawal or suspension of certification of projects or decrease of amounts of credit or qualified investment for which a project is certified; requiring audits and investigations; specifying confidentiality of certain information; requiring a project administration allowance to be deposited in a revolving fund for use by the Division of Tourism; establishing the Small Tourism Business Fund as a revolving fund; providing a tax administration allowance to be deposited in a revolving fund for use by the Tax Division; establishing the General Tax Administration Fund as a revolving fund; specifying method for determining qualified investment; specifying amount of tax credit allowed; setting forth application of credit; specifying method for assertion of credit and filings; specifying requirements for reporting of credit; setting forth total maximum aggregate tax credit limitation; specifying forfeiture of unused tax credits; specifying redetermination of credit; specifying recapture of credit; specifying treatment for premature disposition of qualified property; specifying treatment for premature cessation of use of qualified property; specifying recapture tax; specifying imposition of recapture tax; specifying application of the West Virginia Tax Procedure and Administration Act to the recapture tax; setting forth rules for transfer of qualified property to successors; specifying treatment of successor businesses where predecessor is entitled to the credit; specifying treatment of a mere change in the form of doing business; requiring and specifying identification of qualified tourism development property; specifying rules for failure to keep adequate records; specifying certain credit information to be published as public information; authorizing audits and joint audits or examinations of taxpayers claiming the credit and certain other persons; requiring program evaluation; setting forth expiration date for the tax credit program; specifying preservation of vested entitlements; specifying general procedure and administration and adoption of the West Virginia Tax Procedure and Administration Act as applying to the tax credit; and authorizing promulgation of regulations.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 143--A Bill to amend and reenact §61-3B-2 and §61-3B-3 of the Code of West Virginia, 1931, as amended, all relating to increasing penalties for certain criminal trespassing offenses.
Referred to the Committee on the Judiciary.
By Senators Chafin and Facemire:
Senate Bill No. 144--A Bill to amend and reenact §5A-1A-4 of the Code of West Virginia, 1931, as amended, relating to increasing the maximum cash award the Employee Suggestion Award Board may make; requiring the board to report to the Legislature every five years regarding effect of inflation; and allowing the Governor to make a secondary award for suggestions if the suggestion is implemented in one or more additional state agencies.
Referred to the Committee on Finance.
By Senator White:
Senate Bill No. 145--A Bill to amend and reenact §12-6-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §12-6-12a and §12-6-12b; to amend and reenact §12-6C-3 of said code; and to amend said code by adding thereto two new sections, designated §12-6C-9a and §12-6C-9b, all relating to the divestiture of state moneys from companies that do business in countries that sponsor or promote terrorist activities.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 146--A Bill to amend and reenact §15-2B-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto thirteen new sections, designated §15-2B-15, §15-2B-16, §15-2B-17, §15-2B-18, §15-2B-19, §15-2B-20, §15-2B-21, §15-2B-22, §15-2B-23, §15-2B-24, §15-2B-25, §15-2B-26 and §15-2B-27, all relating to the collection of DNA samples from persons arrested for certain felonies.
Referred to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 147--A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended; to amend and reenact §61-7-1, §61-7-2, §61-7-11a and §61-7-14 of said code; and to amend said code by adding thereto a new section, designated §61-7-11b, all relating to repealing the prohibition on bringing deadly weapons upon the State Capitol Complex; and clarifying section prohibiting the possession of deadly weapons in courthouses to limit such section with respect to Building One of the State Capitol Complex.
Referred to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 148--A Bill to repeal §61-7-6a of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-7-4, §61-7-5 and §61-7-6 of said code, all relating to carrying concealed pistols or revolvers; extending recognition to all licenses issued by other states to nonresidents of this state; limitations; requiring the Attorney General to periodically notify the governors, attorneys general and licensing authorities of other states of such recognition; requiring the Attorney General to negotiate and execute reciprocity agreements to secure recognition of West Virginia licenses when required by other states as a condition of recognizing West Virginia licenses; and creating uniform rule concerning the requirement to carry and exhibit license when carrying a concealed pistol or revolver for both West Virginia licensees and licensees of other states whose licenses are recognized in this state.
Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.
By Senators Chafin and Facemire:
Senate Bill No. 149--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to railroad employees; and establishing criminal penalties for interfering with medical treatment of a railroad employee injured during the course of employment.
Referred to the Committee on the Judiciary.
By Senator Facemyer:
Senate Joint Resolution No. 1
--Proposing an amendment to the Constitution of the State of West Virginia, amending section thirteen, article VI thereof, relating to eligibility of the citizens of the state to seat in the Legislature; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Sypolt:
Senate Joint Resolution No. 2
--Proposing an amendment to the Constitution of the State of West Virginia, amending 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 Senator Hall:
Senate Joint Resolution No. 3
--Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated fifty-seven, relating to clarifying that the Constitution does not require the state to pay for any abortion; further clarifying that the Constitution does not secure or protect a right to abortion; 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 Barnes:
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 Facemyer:
Senate Joint Resolution No. 5
--Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section fifty- seven, relating to dedicating one percent of general revenue to the Division of Natural Resources to be used to fund activities intended to promote and preserve the state's wildlife resources and to fund law-enforcement activities involving the Division of Natural Resources; 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 Caruth:
Senate Joint Resolution No. 6
--Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section fifty-seven, relating to clarifying that the Constitution does not require the state to pay for any abortion; 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 Boley:
Senate Joint Resolution No. 7
--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 Minard, Prezioso, Facemire, Unger and Chafin:
Senate Joint Resolution No. 8
--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.
Senator Tomblin (Mr. President) announced appointment of the standing committees of the Senate for this seventy-ninth Legislature, and at the request of Senator Chafin, and by unanimous consent, the complete list was ordered printed in the Journal as follows:
STANDING COMMITTEES OF THE SENATE

2009

__________

AGRICULTURE

Senators White (Chair), Williams (Vice Chair), Helmick, Laird, Minard, Palumbo, Snyder, Unger, Facemyer, Guills and Sypolt.
BANKING AND INSURANCE

Senators Minard (Chair), Jenkins (Vice Chair), Chafin, Fanning, Green, Helmick, Kessler, McCabe, Palumbo, Prezioso, Deem, Facemyer and Hall.
CONFIRMATIONS

Senators Stollings (Chair), Chafin (Vice Chair), Bowman, Green, Minard, Plymale, Prezioso, Hall and Sypolt.
ECONOMIC DEVELOPMENT

Senators Browning (Chair), Unger (Vice Chair), Facemire, Helmick, Kessler, McCabe, Oliverio, Snyder, Stollings, Wells, Williams, Caruth, Facemyer and Hall.
EDUCATION

Senators Plymale (Chair), Wells (Vice Chair), Browning, Edgell, Foster, Green, Laird, Oliverio, Stollings, Unger, White, Barnes, Boley and Guills.
ENERGY, INDUSTRY AND MINING

Senators Green (Chair), Facemire (Vice Chair), Fanning, Helmick, Jenkins, Kessler, Minard, Stollings, Williams, Yost, Deem, Guills and Sypolt.
FINANCE

Senators Helmick (Chair), McCabe (Vice Chair), Bowman, Chafin, Edgell, Facemire, Fanning, Green, Plymale, Prezioso, Unger, Wells, White, Boley, Facemyer, Guills and Sypolt.
GOVERNMENT ORGANIZATION

Senators Bowman (Chair), Snyder (Vice Chair), Browning, Foster, Kessler, McCabe, Minard, Palumbo, White, Williams, Yost, Boley, Caruth and Sypolt.
HEALTH AND HUMAN RESOURCES

Senators Prezioso (Chair), Stollings (Vice Chair), Browning, Foster, Jenkins, Laird, Palumbo, Snyder, Unger, Yost, Boley, Guills and Hall.
INTERSTATE COOPERATION

Senators Jenkins (Chair), Snyder (Vice Chair), Browning, Palumbo, Wells, Caruth and Sypolt.
JUDICIARY

Senators Kessler (Chair), Oliverio (Vice Chair), Browning, Chafin, Foster, Jenkins, Laird, Minard, Palumbo, Snyder, Stollings, Williams, Yost, Barnes, Caruth, Deem and Hall.
LABOR

Senators Oliverio (Chair), Williams (Vice Chair), Bowman, Foster, Green, Snyder, White, Yost, Barnes, Deem and Guills.
MILITARY

Senators Wells (Chair), Yost (Vice Chair), Edgell, Facemire, Laird, Oliverio, Williams, Boley and Sypolt.
NATURAL RESOURCES

Senators Fanning (Chair), Laird (Vice Chair), Bowman, Edgell, Facemire, Helmick, McCabe, Prezioso, Unger, White, Barnes, Deem and Facemyer.
PENSIONS

Senators Foster (Chair), Edgell (Vice Chair), McCabe, Oliverio, Plymale, Deem and Hall.
RULES

Senators Tomblin (Chair), Bowman, Chafin, Fanning, Helmick, Kessler, Plymale, Prezioso, Boley and Caruth.
TRANSPORTATION AND INFRASTRUCTURE

Senators Unger (Chair), Jenkins (Vice Chair), Facemire, Fanning, Plymale, Stollings, White, Barnes and Facemyer.
__________

JOINT COMMITTEES

__________

ENROLLED BILLS

Senators Palumbo (Chair), Facemire, Laird, Wells and Barnes.
__________

The President then announced the appointment of Senator Chafin, of the County of Mingo, as majority leader of the Senate;
Senator Caruth, of the County of Mercer, as minority leader of the Senate;
Senator Edgell, of the County of Wetzel, as the majority whip of the Senate;
Senator Barnes, of the County of Randolph, as minority whip of the Senate;
And,
Senator Minard, of the County of Harrison, as President pro Tempore of the Senate.
Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate recessed until 6:45 p.m. today.
Upon expiration of the recess, the Senate reconvened.
The hour of 7 p.m. having arrived, that being the time set for the joint assembly to hear the address of His Excellency, the Governor, the Senate recessed until ten minutes after adjournment of the joint assembly. Members of the Senate then repaired in a body to the hall of the House of Delegates.
***

(NOTE: For formal procedure in the joint assembly and the address of His Excellency, the Governor, the Honorable Joe Manchin III, 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 Tomblin (Mr. President) presented the following communication from His Excellency, the Governor, submitting the executive budget and annual budget bill, which was received and read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

February 11, 2009

Senate Executive Message No. 1
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
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, 2009.
With warmest regards,
Joe Manchin III,
Governor.
Subsequently, Senator Tomblin (Mr. President) laid before the Senate the aforementioned annual budget bill,
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 150--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.
Pending announcement of a meeting of a standing committee of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 12, 2009, at 11 a.m.
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