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sdj-01st day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

FIRST DAY

____________

Charleston, W. Va., Wednesday, January 13, 2010

     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 thirteenth day of January, two thousand ten, for the second annual sixty-day session of the seventy-ninth Legislature, and at 12 o'clock Noon was called to order by the President, the Honorable Earl Ray Tomblin.
     Prayer was offered by the Reverend Doug Craven, First Presbyterian Church, Logan, West Virginia.
     On the call of the roll, the following answered to their names:
     Senators Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President).
     Thirty-two 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

OFFICE OF THE PRESIDENT

CHARLESTON

January 13, 2010

The Honorable Darrell E. Holmes
Clerk, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. Clerk:
     I am this date appointing Tony Gallo of 807 Simms Street, Charleston, West Virginia, as Acting Doorkeeper of the West Virginia State Senate for the remainder of the 79th Legislature.
     This appointment fills the vacancy created by the death of Billy Bevino.
                              Respectfully submitted,
                               Earl Ray Tomblin,
                               Senate President - Lt. Governor.
     Whereupon, Mr. Gallo previously qualified as Doorkeeper by taking the several oaths of office prescribed by law and administered by the Honorable Earl Ray Tomblin, Senate President.
     The Senate proceeded to the second order of business and the introduction of guests.
     Senator Chafin 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 Chafin, 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 Jenkins, Foster and D. Facemire.
     Subsequently, Senator Jenkins reported that the committee had performed the duty assigned to it.
     The first message this session from the House of Delegates, by
     Delegates D. Walker, Smith and Shott, 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 seventy-ninth Legislature.
     Senator Chafin 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 Chafin, 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 Prezioso, Stollings and Sypolt.
     A message from the House of Delegates, by
     Delegates T. Walker, Poore 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 Prezioso 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.
     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, Minard 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 Yost, Minard, Unger, Chafin and Wells:
     Senate Bill No. 1--A Bill to amend and reenact §4-10-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §5F- 1-2 of said code; to amend and reenact §5F-2-1 of said code; to amend and reenact §6-7-2a of said code; and to amend and reenact §9A-1-1, §9A-1-2 and §9A-1-4 of said code, all relating to redesignating the Division of Veterans' Affairs the Department of Veterans' Assistance; and providing that the department be supervised by a secretary-level administrator.
     Referred to the Committee on Military; and then to the Committee on Finance.
     By Senator Boley:
     Senate Bill No. 2--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.
     By Senators Green, Minard, Oliverio and D. Facemire:
     Senate Bill No. 3--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §61-3-59 and §61-3-59a, all relating to the sale of goods or services with counterfeit mark; production or reproduction of counterfeit mark; and penalties, including seizure and forfeiture of counterfeit marks.
     Referred to the Committee on the Judiciary.
     By Senators Palumbo, Foster, McCabe and Wells:
     Senate Bill No. 4--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to motor vehicle registration generally; providing for the issuance of a special CAMC Women and Children's Hospital license plate; and assessing a special initial application fee and a special annual fee therefor.
     Referred to the Committee on Transportation and Infrastructure.
     By Senators Minard, Oliverio, McCabe and D. Facemire:
     Senate Bill No. 5--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 Plymale, Jenkins, Edgell, White, Unger and Oliverio:
     Senate Bill No. 6--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1- 24, relating to providing that faculty and staff at state institutions of higher education are eligible to a seat in the Legislature.
     Referred to the Committee on Education; and then to the Committee on the Judiciary.
     By Senators Plymale, Jenkins and Unger:
     Senate Bill No. 7--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 Kessler, Palumbo, Minard, Foster, Jenkins, Oliverio and D. Facemire:
     Senate Bill No. 8--A Bill to amend and reenact §55-7B-2 of the Code of West Virginia, 1931, as amended, relating to adding pharmacist and pharmacy to the definition of "health care provider" as used in the Medical Professional Liability Act.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Jenkins and Foster:
     Senate Bill No. 9--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18- 5C-1, §18-5C-2, §18-5C-3, §18-5C-4, §18-5C-5, §18-5C-6, §18-5C-7, §18-5C-8, §18-5C-9, §18-5C-10, §18-5C-11, §18-5C-12, §18-5C-13, §18-5C-14, §18-5C-15, §18-5C-16, §18-5C-17, §18-5C-18 and §18-5C- 19, all relating to public education; and authorizing public colleges or universities to sponsor community schools in cooperation with county boards of education.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senator Jenkins:
     Senate Bill No. 10--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 Prezioso and Foster:
     Senate Bill No. 11--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 McCabe, Plymale, Foster, Palumbo and Chafin:
     Senate Bill No. 12--A Bill to amend and reenact §16-13D-1, §16-13D-2, §16-13D-8 and §16-13D-15 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §16-13D-10a and §16-13D-10b; and to amend and reenact §24-2-3 and §24-2-4b of said code, all relating to authorizing regional water authorities, regional wastewater authorities and regional water and wastewater authorities to provide for the joint maintenance of its participating public agencies; authorizing regional water authorities, regional wastewater authorities and regional water and wastewater authorities to extend service to unserved customers within its territory; and establishing an ordinance procedure for regional water authorities, regional wastewater authorities and regional water and wastewater authorities.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Barnes:
     Senate Bill No. 13--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 Barnes, Foster and Oliverio:
     Senate Bill No. 14--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 special registration plates for registered nurses and licensed practical nurses.
     Referred to the Committee on Transportation and Infrastructure.
     By Senator Deem:
     Senate Bill No. 15--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 McCabe, Foster, Unger, Jenkins, Wells and Chafin:
     Senate Bill No. 16--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11- 13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11-13AA-5, §11-13AA-6, §11-13AA-7, §11-13AA-8 and §11-13AA-9; and to amend said code by adding thereto a new section, designated §11-24-9d, all relating to taxation; providing a phased-in allowance of credits against corporation net income tax and personal income tax for payments in this state of ad valorem property tax on certain industrial tangible personal property consisting of machinery and equipment; and allowing a transitional credit against the portion of a taxpayer's corporation net income tax relating to the change to combined reporting, with the amount of the credit being measured by the taxpayer's payments in this state of ad valorem property tax on certain industrial tangible personal property consisting of machinery and equipment.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senators Bowman, Minard, Yost and Chafin:
     Senate Bill No. 17--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 Senator Deem:
     Senate Bill No. 18--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11- 21-12j, 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 Wells:
     Senate Bill No. 19--A Bill to amend and reenact §18A-3-2b of the Code of West Virginia, 1931, as amended, relating to teacher induction; teacher mentor stipend; enforcement of teacher mentor provisions; teacher mentor selection; limited authority to select teacher from a different school; and summer academy for beginning teachers.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senator Sypolt:
     Senate Bill No. 20--A Bill to amend and reenact §5G-1-1, §5G- 1-2, §5G-1-3 and §5G-1-4 of the Code of West Virginia, 1931, as amended, all relating to requiring the State of West Virginia and its political subdivisions to procure surveying services on the basis of demonstrated competence and qualification for the type of surveying services required; and setting forth the selection processes for projects both greater than and less than $250,000.
     Referred to the Committee on Government Organization.
     By Senator Sypolt:
     Senate Bill No. 21--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 Senator Sypolt:
     Senate Bill No. 22--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. 23--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 Senator Foster:
     Senate Bill No. 24--A Bill to amend and reenact §30-5-14 of the Code of West Virginia, 1931, as amended, relating to the registration and permits for operation of pharmacies; and forbidding the sale of tobacco products in licensed pharmacies.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Wells, Jenkins, Oliverio, Williams, McCabe and D. Facemire:
     Senate Bill No. 25--A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to increasing the salary of the Adjutant General.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Sypolt:
     Senate Bill No. 26--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18- 2-38, relating to requiring the State Board of Education to create a school drug safety program; and specifying minimum requirements for the program.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Wells and Green:
     Senate Bill No. 27--A Bill to amend and reenact §60A-11-3 of the Code of West Virginia, 1931, as amended, relating to requiring the Department of Health and Human Resources to provide a list of applicable contaminated properties where clandestine drug laboratories had operated for review on the internet by the general public.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Sypolt:
     Senate Bill No. 28--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 Senator Sypolt:
     Senate Bill No. 29--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 Senator Barnes:
     Senate Bill No. 30--A Bill to amend and reenact §21-5A-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §21-5A-10a, all relating to calculating the West Virginia prevailing wage on federally funded construction projects to be identical to the methodology used in the federal Davis-Bacon Act; and exempting projects that are less than $250,000 from the State of West Virginia prevailing wage.
     Referred to the Committee on Labor; and then to the Committee on Finance.
     By Senator Sypolt:
     Senate Bill No. 31--A Bill to amend and reenact §22A-2-66 of the Code of West Virginia, 1931, as amended, relating to allowing the Director of the Office of Miners' Health, Safety and Training flexibility when determining the appropriate penalty to impose against operators who fail to provide immediate notice upon the occurrence of a mining accident; and increasing allowable reporting time.
     Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
     By Senators Bowman and Yost:
     Senate Bill No. 32--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 Senator Deem:
     Senate Bill No. 33--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 Finance.
     By Senator Deem:
     Senate Bill No. 34--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. 35--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 Culture 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. 36--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11- 21-12j, 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 K. Facemyer and Wells:
     Senate Bill No. 37--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 most qualified person for extracurricular activities.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Wells and D. Facemire:
     Senate Bill No. 38--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15- 1F-11, relating to creating the West Virginia Service Members Civil Relief Act.
     Referred to the Committee on Military; and then to the Committee on the Judiciary.
     By Senator Wells:
     Senate Bill No. 39--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-11-9, relating to requiring the Public Land Corporation to seek free gas rights from natural gas lessors on public lands; and providing an annual report to the Legislature.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senator Jenkins:
     Senate Bill No. 40--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 McCabe, Minard, Foster, Palumbo and Chafin:
     Senate Bill No. 41--A Bill to amend and reenact §8A-5-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-13E-2, §16-13E-4 and §16-13E-7 of said code; and to amend said code by adding thereto a new section, designated §16-13E-10a, all relating to community enhancement districts; procedures relating to creation or expansion thereof; vesting period for an approved land development plan and plat; and clarifying the applicability of certain statutory provisions to such construction under certain circumstances.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senators McCabe, Foster, Unger, Palumbo and Chafin:
     Senate Bill No. 42--A Bill to amend and reenact §8-38-3, §8- 38-4, §8-38-5, §8-38-7, §8-38-10, §8-38-12, §8-38-15, §8-38-16, §8- 38-17 and §8-38-20 of the Code of West Virginia, 1931, as amended, all relating to revising the Municipal Economic Opportunity Development District Act; correcting certain errors and inconsistencies contained therein; and enhancing the ability of the act to generate economic development in the state.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senator Oliverio:
     Senate Bill No. 43--A Bill to amend and reenact §8-14-19 of the Code of West Virginia, 1931, as amended, relating to allowing police officers to run for office except in the municipality where they work.
     Referred to the Committee on the Judiciary.
     By Senators Kessler and Yost:
     Senate Bill No. 44--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11- 13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11-13AA-5, §11-13AA-6, §11-13AA-7, §11-13AA-8 and §11-13AA-9, all relating to establishing a tax credit for medical providers who provide services at no charge to free health clinics in the state; setting the amount of tax credit; and authorizing the Tax Commissioner to promulgate rules.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senators Jenkins and Plymale:
     Senate Bill No. 45--A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-4 of said code; and to amend and reenact §17A-3A-2 and §17A- 3A-3 of said code, all relating to the registration of mini-trucks; the operation of mini-trucks by municipalities; exempting mini- trucks from title requirements; exempting sellers from any requirement to modify mini-trucks to comply with any federal law; exempting the seller from making certain disclosures to purchasers; and defining a term.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.
     By Senators Unger, Oliverio and Williams:
     Senate Bill No. 46--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 Senator White:
     Senate Bill No. 47--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 White:
     Senate Bill No. 48--A Bill to amend and reenact §23-4-6 of the Code of West Virginia, 1931, as amended, relating to workers' compensation benefits; and extending permanent total disability benefits to claimants for life.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Sypolt:
     Senate Bill No. 49--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 Senator Sypolt:
     Senate Bill No. 50--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 Senators Wells, D. Facemire and Chafin:
     Senate Bill No. 51--A Bill to amend and reenact §48-9-205 of the Code of West Virginia, 1931, as amended, relating to requiring permanent parenting plans to contain a provision concerning a possible deployment or call to duty if either parent is a member of the National Guard or military reserve.
     Referred to the Committee on Military; and then to the Committee on the Judiciary.
     By Senators Guills and Foster:
     Senate Bill No. 52--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 Foster, White and Chafin:
     Senate Bill No. 53--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5- 10-22k; and to amend said code by adding thereto a new section, designated §18-7A-26v, all relating to providing one-time three percent supplement to all public employee and teacher annuitants when reaching the age of seventy.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senator Foster:
     Senate Bill No. 54--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30- 5-12a, relating to prescription and pharmacy data privacy; establishing legislative intent; prohibiting disclosure of certain data; requiring legislative rules; creating penalties; and providing for enforcement.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator K. Facemyer:
     Senate Bill No. 55--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 Senator K. Facemyer:
     Senate Bill No. 56--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 Senator Bowman:
     Senate Bill No. 57--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1B-15, relating to timbering operators; requiring repair and restoration of roads; and providing civil and criminal penalties.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senators Barnes and McCabe:
     Senate Bill No. 58--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20- 2-5h, relating to permitting Sunday hunting on licensed shooting preserves.
     Referred to the Committee on Natural Resources; and then to the Committee on Finance.
     By Senator Barnes:
     Senate Bill No. 59--A Bill to amend and reenact §30-40-4 of the Code of West Virginia, 1931, as amended, relating to requiring individuals who lease property for their subsurface rights to be licensed under the Real Estate License Act.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Barnes:
     Senate Bill No. 60--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36-1-25, relating to requiring lessors of subsurface rights to state with specificity what surface rights are also being acquired.
     Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
     By Senator Barnes:
     Senate Bill No. 61--A Bill to amend and reenact §36-1-3 of the Code of West Virginia, 1931, as amended, relating to requiring all contracts for the sale or lease of real property over five acres to state with specificity the estate being transferred and the estate, if any, being reserved.
     Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
     By Senator Barnes:
     Senate Bill No. 62--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. 63--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29- 5A-3a, relating to authorizing mixed martial arts competitions; and authorizing the State Athletic Commission to propose rules.
     Referred to the Committee on the Judiciary.
     By Senator Barnes:
     Senate Bill No. 64--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §33-42-9 and §33-42-10, all relating to the care of aborted fetuses; requiring medical facilities that provide abortions to administer anesthesia to an unborn fetus when aborted if it is older than seven weeks; requiring all available medical means to be used to preserve the life of a fetus if it is alive when aborted; and providing criminal penalties for violations.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Barnes:
     Senate Bill No. 65--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 Senator Barnes:
     Senate Bill No. 66--A Bill to amend and reenact §3-8-12 of the Code of West Virginia, 1931, as amended, relating to limitation of distributing, handing out or otherwise dispensing public moneys by elected officials within ninety days of elections.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Wells, D. Facemire and Chafin:
     Senate Bill No. 67--A Bill to amend and reenact §48-9-404 of the Code of West Virginia, 1931, as amended, relating to custody of children; and prohibiting a parent's military service from being a factor in modification of a parenting plan.
     Referred to the Committee on Military; and then to the Committee on the Judiciary.
     By Senators Minard, Unger, Oliverio and D. Facemire:
     Senate Bill No. 68--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 McCabe, White, Foster, Unger, Palumbo and Chafin:
     Senate Bill No. 69--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11- 13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11-13AA-5, §11-13AA-6, §11-13AA-7, §11-13AA-8, §11-13AA-9, §11-13AA-10, §11-13AA-11, §11- 13AA-12, §11-13AA-13, §11-13AA-14 and §11-13AA-15, all relating to authorizing a tax credit against business franchise tax, corporate net income tax or personal income tax for eligible expenditures incurred in placing in service a residential or nonresidential energy efficient building.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senators McCabe, Foster, Unger, Palumbo and Chafin:
     Senate Bill No. 70--A Bill to amend and reenact §11-8-6e of the Code of West Virginia, 1931, as amended, relating to the clarification in the code that a municipality or county issuing bonds approved by an election pursuant to article one, chapter thirteen of said code is not subject to the restriction described in subsection (c), section six-e, article eight, chapter eleven of said code.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Prezioso, Plymale, Minard, Unger, Kessler and D. Facemire:
     Senate Bill No. 71--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 Senators Prezioso, Green and Unger:
     Senate Bill No. 72--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 Senators Prezioso and D. Facemire:
     Senate Bill No. 73--A Bill to amend and reenact §29-6-4 of the Code of West Virginia, 1931, as amended, relating to expanding the number of hours temporary state personnel may work in a calendar year.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Prezioso, Unger and Chafin:
     Senate Bill No. 74--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 Prezioso:
     Senate Bill No. 75--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 Senator Jenkins:
     Senate Bill No. 76--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 Plymale:
     Senate Bill No. 77--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 McCabe and Minard:
     Senate Bill No. 78--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 and Jenkins:
     Senate Bill No. 79--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, any officer or agent of a nonprofit state park or forest foundation 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 Jenkins, Plymale and Oliverio:
     Senate Bill No. 80--A Bill to amend and reenact §23-2-1 of the Code of West Virginia, 1931, as amended, relating to providing that taxicab companies are not required to subscribe to or pay into the Workers' Compensation Fund by having insurance policies approved by the Insurance Commissioner.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Jenkins, Foster and Stollings:
     Senate Bill No. 81--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16- 5W-1, §16-5W-2, §16-5W-3, §16-5W-4, §16-5W-5, §16-5W-6 and §16-5W- 7, all relating to creating the West Virginia Official Prescription Program Act; requiring prescriptions to be written on an official tamper-proof form; requiring the promulgation of rules; reporting requirements; and defining terms.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Jenkins, Oliverio and Stollings:
     
Senate Bill No. 82--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 Senator Kessler:
     Senate Bill No. 83
--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 certain governmental entities and circuit courts to retain and preserve biological material for possible DNA testing that is gathered in the investigation or prosecution of a criminal case for the period of time that a defendant remains incarcerated in connection with that case; and establishing criminal penalties.
     Referred to the Committee on the Judiciary.
     By Senators Jenkins and Plymale:
     
Senate Bill No. 84--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 McCabe, Green and Foster:
     Senate Bill No. 85
--A Bill to repeal §16-27A-1 and §16-27A-2 of the Code of West Virginia, 1931, as amended, relating to the ban on construction of nuclear power plants.
     Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
     By Senators Kessler and Edgell:
     
Senate Bill No. 86--A Bill to amend and reenact §5-15-4 of the Code of West Virginia, 1931, as amended, relating to requiring that handicap restroom facilities and stalls in all public places be constructed with two handrails or grab bars to accommodate persons in wheelchairs and other persons who need assistance.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senators Kessler, Edgell, Foster and Laird:
     Senate Bill No. 87
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A- 2-140, relating to the prevention of predatory lending practices.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senators Plymale, Green and Jenkins:
     
Senate Bill No. 88--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 Schedule 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 Senator Kessler:
     Senate Bill No. 89
--A Bill to amend and reenact §8-14-6 and §8-14-17 of the Code of West Virginia, 1931, as amended, all relating to reinstating former chiefs of police to previously held positions within the paid police department following expiration of term as chief; and providing for appointment of deputy chiefs of police.
     Referred to the Committee on Government Organization.
     By Senators Plymale and Jenkins:
     
Senate Bill No. 90--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61- 3-11a, relating to the manufacture or possession of burglary tools; and penalties.
     Referred to the Committee on the Judiciary.
     By Senators Williams and Oliverio:
     Senate Bill No. 91
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11- 14C-5a, relating to reducing the wholesale tax on heating fuel, off-road fuel, kerosene and propane used for home heating purposes or off-road use to four and eighty-five hundredths percent; and effective date of January 1, 2011.
     Referred to the Committee on Finance.
     By Senators Yost, Unger, Williams, D. Facemire and Chafin:
     
Senate Bill No. 92--A Bill to amend and reenact §2-2-1 of the Code of West Virginia, 1931, as amended, relating to state holidays; designating December 7 of each year as "West Virginia Patriots of World War II Day"; and making it a state holiday.
     Referred to the Committee on Military; and then to the Committee on Finance.
     By Senators Yost, Unger, D. Facemire and Chafin:
     Senate Bill No. 93
--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 Yost, White, Jenkins, D. Facemire and Chafin:
     
Senate Bill No. 94--A Bill to amend and reenact §20-2-42c of the Code of West Virginia, 1931, as amended, relating to allowing members of the West Virginia National Guard or its reserve to obtain free hunting and fishing licenses while serving in the West Virginia National Guard or its reserve; and license for life upon full retirement.
     Referred to the Committee on Natural Resources; and then to the Committee on Finance.
     By Senators Yost and Wells:
     Senate Bill No. 95
--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 Senator Yost:
     
Senate Bill No. 96--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29- 6A-1, §29-6A-2, §29-6A-3, §29-6A-4, §29-6A-5, §29-6A-6, §29-6A-7, §29-6A-8, §29-6A-9, §29-6A-10, §29-6A-11, §29-6A-12, §29-6A-13, §29-6A-14, §29-6A-15, §29-6A-16, §29-6A-17, §29-6A-18, §29-6A-19, §29-6A-20, §29-6A-21, §29-6A-22, §29-6A-23, §29-6A-24, §29-6A-25 and §29-6A-26, all relating to promoting orderly and constructive employment relations between the state and its employees; increasing the efficiency of the state; ensuring the health and safety of the citizens of this state; requiring the state to recognize, negotiate and bargain with employee organizations representing state employees and to enter into written agreements evidencing the result of bargaining; and encouraging labor peace through the establishment of standards and procedures which protect the rights of the state, the state's employees and the citizens of this state.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator White:
     Senate Bill No. 97
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A- 2-140, relating to the prevention of predatory lending practices.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senator Sypolt:
     
Senate Bill No. 98--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.
     By Senator White:
     Senate Bill No. 99
--A Bill to amend and reenact §20-2-27 and §20-2-28 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2- 42x, all relating to senior resident lifetime hunting, fishing and trapping license and fee of $15; and allowing persons who are sixty-five years of age before January 1, 2011, to remain exempt from the purchase of the license.
     Referred to the Committee on Natural Resources; and then to the Committee on Finance.
     By Senators White, Jenkins and Chafin:
     
Senate Bill No. 100--A Bill to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to providing a rebuttable presumption that a volunteer firefighter has developed a pulmonary disease or sustained a cardiovascular injury for workers' compensation benefits provided certain conditions of employment have been met; eliminating the rebuttable presumption that cardiovascular disease is a compensable injury for firefighters; and changing the six-month time frame for certain firefighter injuries to six weeks.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator White:
     Senate Bill No. 101
--A Bill to amend and reenact §22-11-8 of the Code of West Virginia, 1931, as amended, relating to the Water Pollution Control Act; prohibiting new permits or modifications of existing permits for underground injection of coal slurry; and requiring submission of certain studies to the Legislature.
     Referred to the Committee on Energy, Industry and Mining; then to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator White:
     
Senate Bill No. 102--A Bill to amend and reenact §46A-6J-5 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 Yost, White, Minard and Kessler:
     Senate Bill No. 103
--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting all military retirement income from state income tax.
     Referred to the Committee on Military; and then to the Committee on Finance.
     By Senator Unger:
     
Senate Bill No. 104--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; and providing rule-making authority.
     Referred to the Committee on Labor.
     By Senator White:
     Senate Bill No. 105
--A Bill to amend and reenact §11-1A-11 of the Code of West Virginia, 1931, as amended, relating to exempting owners, with the exception of corporations or partnerships, of one hundred acres or less of contiguously connected real property from increased valuation and assessment as natural resources property on reserve coal properties; defining "small property owner"; extending the exemption for an owner or owners of two or more tracts of contiguously connected real property of one hundred acres or less; requiring an affidavit that coal will not be mined or transferred; and providing for increased assessment and payment of interest if coal is later mined.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Chafin, Green, Minard, D. Facemire and Stollings:
     
Senate Bill No. 106--A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §8-15-8d; and to amend said code by adding thereto a new section, designated §33-3-34, all relating to dedicating a new twenty one hundredths of one percent surcharge on the policyholder of any fire insurance policy or casualty insurance policy issued in this state to defray costs incurred by qualified volunteer and part-volunteer fire companies and departments that provide benefits to their members under a qualified Length of Service Awards Program.
     Referred to the Committee on Finance.
     By Senator Chafin:
     Senate Bill No. 107
--A Bill to amend and reenact §44-10-4 of the Code of West Virginia, 1931, as amended, relating to the right of a minor possessed of an estate to nominate a guardian.
     Referred to the Committee on the Judiciary.
     By Senators Chafin and Green:
     
Senate Bill No. 108--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 Government Organization; and then to the Committee on Finance.
     By Senator Chafin:
     Senate Bill No. 109
--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 Chafin:
     
Senate Bill No. 110--A Bill to amend and reenact §16-30-3, §16-30-4 and §16-30-5 of the Code of West Virginia, 1931, as amended, all relating to medical powers of attorney; providing additional requirements to medical powers of attorney; and defining a new term.
     Referred to the Committee on the Judiciary.
     By Senator D. Facemire:
     Senate Bill No. 111
--A Bill to amend and reenact §22-3-8 of the Code of West Virginia, 1931, as amended, relating to environmental permitting of surface coal mining; and correcting antiquated language with respect to the state agencies charged with cooperating with the Department of Environmental Protection to ensure that permit applicants comply with certain fiscal and reporting requirements imposed by the state's unemployment compensation and workers' compensation laws.
     Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
     By Senator Fanning:
     
Senate Bill No. 112--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 Fanning:
     Senate Bill No. 113
--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 §33-15-4k; to amend said code by adding thereto a new section, designated §33-16-3v; to amend said code by adding thereto a new section, designated §33-24- 7k; to amend said code by adding thereto a new section, designated §33-25-8i; and to amend said code by adding thereto a new section, designated §33-25A-8j, 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 Senator Minard:
     
Senate Bill No. 114--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 Snyder and Unger:
     Senate Bill No. 115
--A Bill to amend and reenact §11-21-10a of the Code of West Virginia, 1931, as amended, relating to raising the tax credit for nonfamily adoptions to $4,000.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Snyder:
     
Senate Bill No. 116--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-4-21, relating to property value assessment adjustments when ten percent or more of sales of real property are foreclosure sales.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Stollings and Chafin:
     Senate Bill No. 117
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-3B-1, relating to establishing an Innovative Highway Projects Pilot Program; and creating a sunset provision for the program.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senators Stollings and Foster:
     
Senate Bill No. 118--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-43-1 and §16-43-2, all relating to tanning facilities; definitions; and consent required for minor using tanning device or facility.
     Referred to the Committee on the Judiciary.
     By Senators Minard and White:
     Senate Bill No. 119
--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 Senator Stollings:
     
Senate Bill No. 120--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-3-4a; and to amend and reenact §18-28-6 of said code, all relating to requiring all children who enter a public or private school for the first time, whether it be in kindergarten or first grade, to provide adequate proof of having undergone a dental examination by a licensed dentist; misdemeanor offense for failure to obtain dental examination; and penalty.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Education.
     By Senator Browning:
     Senate Bill No. 121
--A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931, as amended, relating to changing the phrase "employment term" to "contract term" as it relates to employment of retired teachers as substitutes in areas of critical need.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senator Browning:
     
Senate Bill No. 122--A Bill to amend and reenact §27-4-1 and §27-4-3 of the Code of West Virginia, 1931, as amended, all relating to increasing the age of consent that a minor may refuse mental health treatment from twelve to eighteen; and clarifying that the state not be obligated to pay for voluntary hospitalization.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Browning and Green:
     Senate Bill No. 123
--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to reducing state income tax liability for certain retired public employees; increasing the amount of retirement income received from certain state and federal retirement systems that is excluded from the calculation of income subject to state personal income taxes; and establishing an effective date for the increased exclusion.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senator Browning:
     
Senate Bill No. 124--A Bill to amend and reenact §18-7A-14b of the Code of West Virginia, 1931, as amended, relating to increasing the time for a member of the State Teachers Retirement System to make contributions for credited service during periods of temporary total disability under workers' compensation; and providing retroactive period of additional two years.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senator Browning:
     Senate Bill No. 125
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-97, 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 Senator Green:
     
Senate Bill No. 126--A Bill to amend and reenact §29B-1-4 of the Code of West Virginia, 1931, as amended, relating to exemptions from disclosure under the Freedom of Information Act.
     Referred to the Committee on the Judiciary.
     By Senators Oliverio and Unger:
     Senate Bill No. 127
--A Bill to amend and reenact §11-13U-10 of the Code of West Virginia, 1931, as amended, relating to reinstating the high-growth business investment tax credit.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senators Palumbo, Plymale and Foster:
     
Senate Bill No. 128--A Bill to amend and reenact §44-10-14 of the Code of West Virginia, 1931, as amended, relating to authorizing that net settlement proceeds held for a minor may be invested in a Smart 529 college savings plan.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senator Guills:
     Senate Bill No. 129
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-59, relating to small, women- and minority-owned businesses.
     Referred to the Committee on the Judiciary.
     By Senators Palumbo, Foster, Oliverio and McCabe:
     
Senate Bill No. 130--A Bill to amend and reenact §17C-15-49 of the Code of West Virginia, 1931, as amended, relating to making the offense of failure to wear safety belts a primary offense.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senator Oliverio:
     Senate Bill No. 131
--A Bill to amend and reenact §18A-4-10f of the Code of West Virginia, 1931, as amended, relating to leave donation program; eligibility for receiving the donated leave; purpose for which the leave was transferred; and return of personal leave days that were donated from one school employee to another.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senator Oliverio:
     
Senate Bill No. 132--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 Oliverio and Minard:
     Senate Bill No. 133
--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 Senator Oliverio:
     
Senate Bill No. 134--A Bill to amend and reenact §8-16-5 of the Code of West Virginia, 1931, as amended, relating to expanding the power of municipal parking authority officers to ticket for all parking violations.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Oliverio and Minard:
     Senate Bill No. 135
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-97, 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 Minard, Oliverio, McCabe and D. Facemire:
     
Senate Bill No. 136--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 Senator Minard:
     Senate Bill No. 137
--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting Social Security income from state personal income tax.
     Referred to the Committee on Finance.
     By Senator Minard:
     
Senate Bill No. 138--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-18a, relating to underwriting of nonstate employer groups by the Public Employees Insurance Agency.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senator Chafin:
     Senate Bill No. 139
--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 Senators Browning and Green:
     
Senate Bill No. 140--A Bill to amend and reenact §18-7A-3 of the Code of West Virginia, 1931, as amended, relating to including service as a member of a county board of education to be included as credit for service for the State Teachers Retirement System.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senator Browning:
     Senate Bill No. 141
--A Bill to amend and reenact §18-9A-24 of the Code of West Virginia, 1931, as amended, relating to adding professional student support personnel to the foundation allowance for the Public Employees Insurance Agency for school employees; and requiring the annual contribution established by the Public Employees Insurance Agency Finance Board of any proportionate share of the retirees' subsidy be added to insurance premiums.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Jenkins and Oliverio:
     
Senate Bill No. 142--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 and §55-7E-5, 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 Boley, Plymale and Foster:
     Senate Bill No. 143
--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 Chafin, White and Oliverio:
     
Senate Bill No. 144--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 Government Organization; and then to the Committee on Finance.
     By Senators Kessler, White, Jenkins and Laird:
     Senate Bill No. 145
--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 Senator Kessler:
     
Senate Bill No. 146--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 Senator Boley:
     Senate Bill No. 147
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to commercial dog-breeding operations; definitions; commercial dog breeder required to have a valid business license; requirements for maintaining a commercial dog-breeding operation; cooperation with inspections by animal control officers to ensure compliance with state and federal animal care laws; and criminal penalties.
     Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
     By Senator Boley:
     
Senate Bill No. 148--A Bill to amend and reenact §49-7-1 of the Code of West Virginia, 1931, as amended, relating to allowing the name and age of a child, who has attained the age of ten years, and the offense with which he or she is charged to be released to the general public in cases in which the child has been found guilty of juvenile delinquency for any offense which would be a misdemeanor or felony if it was committed by an adult.
     Referred to the Committee on the Judiciary.
     By Senators Stollings, Minard, Foster and Oliverio:
     Senate Bill No. 149
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-26, relating to liability of physicians who render services to youth camps and programs; limiting liability; and providing exceptions.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator White:
     
Senate Bill No. 150--A Bill to amend and reenact §5-1-26 of the Code of West Virginia, 1931, as amended, relating to providing the Attorney General with the authority to investigate and charge persons engaged in home heating oil, gasoline or other motor fuel price gouging.
     Referred to the Committee on the Judiciary.
     By Senators White and Oliverio:
     Senate Bill No. 151
--A Bill to amend and reenact §18-7A-13a of the Code of West Virginia, 1931, as amended, relating to lifting the cap on the number of days that certain retired teachers can work and continue to draw their retirement benefits from the State Teachers Retirement System.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senators Green and D. Facemire:
     
Senate Bill No. 152--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-8a, relating to making it illegal to transport a minor across state lines to obtain an abortion without written consent by both parents; and providing for a misdemeanor penalty.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Green:
     Senate Bill No. 153
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2I-11, relating to reporting requirements for physicians and the Department of Health and Human Resources when it is suspected that a woman has suffered injury or death due to an induced abortion; contents of the reports; duties of the department; and providing criminal penalties.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators McCabe, Foster, Kessler and Palumbo:
     
Senate Bill No. 154--A Bill to amend and reenact §5-11-2, §5- 11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-11-9a; and to amend and reenact §5-11A- 3, §5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful discriminatory practices generally; prohibiting discrimination based upon age or sexual orientation in housing; defining "sexual orientation" and "age"; correcting internal citations; exempting religious institutions from the sexual orientation proscriptions of this bill when such employment comports with specific criteria; and defining "religious institutions".
     Referred to the Committee on the Judiciary.
     By Senators Bowman and Minard:
     Senate Bill No. 155
--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 Foster and White:
     
Senate Bill No. 156--A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-1-3 of said code, all relating to requiring the Commissioner of the Bureau for Public Health to conduct a public health impact statement assessing the health impact of any new, or modification to, air or water rule proposed by the Secretary of the Department of Environmental Protection; and requiring the Secretary of the Department of Environmental Protection to incorporate findings of the impact statement into the proposed rule.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senator Foster:
     Senate Bill No. 157
--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; 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 providing 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 Senator K. Facemyer:
     
Senate Bill No. 158--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 K. Facemyer, Williams and D. Facemire:
     Senate Bill No. 159
--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 Sypolt:
     
Senate Bill No. 160--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 Senator K. Facemyer:
     Senate Bill No. 161
--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 Kessler and Unger:
     
Senate Bill No. 162--A Bill to amend and reenact §11-13A-2 and §11-13A-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-27- 38, all relating to eliminating the severance tax and the health care provider tax on behavioral health providers.
     Referred to the Committee on Finance.
     By Senator McCabe:
     Senate Bill No. 163
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §13-2H-1, §13-2H-2, §13-2H-3, §13-2H-4, §13-2H-5, §13- 2H-6, §13-2H-7, §13-2H-8, §13-2H-9, §13-2H-10 and §13-2H-11; and to amend and reenact §29-22C-27 of said code, all relating to the authorization of municipalities, county commissions and certain boards of education to issue revenue bonds secured by lottery revenue for the purpose of acquiring or constructing public projects.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Sypolt and Williams:
     
Senate Bill No. 164--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 of bringing certain weapons upon the State Capitol Complex; permitting loaded firearms in locked motor vehicles, other than school buses, on school property; permitting property owner to prohibit deadly weapons on his or her property; defining terms; and establishing penalties.
     Referred to the Committee on the Judiciary.
     By Senator Kessler:
     Senate Bill No. 165
--A Bill to amend and reenact §18-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-3-1 and §18A-3-1a of said code; to amend and reenact §18A-4-1, §18A-4-4 and §18A-4-8 of said code; to amend and reenact §18B-1B-4 of said code; to amend and reenact §18B-2B-6 of said code; to amend and reenact §18C-6-2 of said code; to amend and reenact §18C-7-3 of said code; and to amend and reenact §30-32-17 of said code, all relating to clarification for graduates of accredited institutions of higher education; and alleviating the shortage of certified teachers in West Virginia.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senator Deem:
     
Senate Bill No. 166--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 Unger, Edgell, White, Plymale, Minard, Foster, Jenkins, Oliverio, Laird and Bowman:
     Senate Bill No. 167
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-15, relating to establishing the unlawful use of a wireless communication device by texting while operating a motor vehicle on a street or highway a misdemeanor offense; providing exceptions and conditions for certain lawful uses; definitions; penalties; and limitation of enforcement.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senator White:
     
Senate Bill No. 168--A Bill to amend and reenact §17C-17A-5, §17C-17A-6, §17C-17A-9 and §17C-17A-10 of the Code of West Virginia, 1931, as amended, all relating to the commercial transportation of coal; establishing when a shipper's permit is required; providing sanctions for failure to pay certain assessments; and revising methodology for calculation of administrative sanctions and penalties for excess weights.
     Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
     By Senators Browning and Plymale:
     Senate Bill No. 169
--A Bill to amend and reenact §31-15-2 and §31-15-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §31-15-12b, all relating to the West Virginia Economic Development Authority; legislative findings; definitions; and providing that, in developing criteria for loans to a tourism project, the authority shall not require that any specific number of jobs are or will be created by the project, nor that any existing jobs or jobs to be created by the project are to meet any specific compensation levels, nor that any existing jobs or jobs be created by the project provide any specific employee benefits.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senator Barnes:
     
Senate Bill No. 170--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 Wells and White:
     Senate Bill No. 171
--A Bill to amend and reenact §11-21-22 and §11-21-22b of the Code of West Virginia, 1931, as amended, all relating to personal income tax; and authorizing a refundable tax credit based on federal poverty guidelines.
     Referred to the Committee on Finance.
     By Senator Jenkins:
     
Senate Bill No. 172--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to providing an earned income tax credit from the state personal income tax for certain taxpayers with qualifying children.
     Referred to the Committee on Finance.
     By Senators Green, Edgell, Minard and D. Facemire:
     Senate Bill No. 173
--A Bill to amend and reenact §61-3C-14a of the Code of West Virginia, 1931, as amended, relating to unlawful obscene, anonymous, harassing and threatening communications by computer; and establishing penalties.
     Referred to the Committee on the Judiciary.
     By Senators Plymale, Jenkins and Oliverio:
     
Senate Bill No. 174--A Bill to amend and reenact §11-24-43a of the Code of West Virginia, 1931, as amended, relating to eliminating certain provisions terminating the deposit of moneys in the Special Railroad and Intermodal Enhancement Fund; and eliminating limit on the total amount to be deposited into the fund for the year 2016.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senator McCabe:
     Senate Bill No. 175
--A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29- 3-25 and §29-3-26 of said code; and to amend said code by adding thereto 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, §29-3E-13, §29-3E-14, §29-3E-15, §29-3E- 16, §29-3E-17 and §29-3E-18, all relating generally to revising, consolidating and codifying the laws relating to fireworks; regulating purchase, possession, sale and use of fireworks; providing for civil money penalties, criminal penalties and remedies; and prescribing powers and duties of certain state agencies.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Deem and Foster:
     
Senate Bill No. 176--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 Senator Caruth:
     Senate Bill No. 177
--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 abortion.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Caruth:
     
Senate Bill No. 178--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 Senator Caruth:
     Senate Bill No. 179
--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 Senator Caruth:
     
Senate Bill No. 180--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §56-5A-1 and §56-5A-2, all relating to trials; pleading and practice; and providing a statutory procedure for an offer of judgment prior to trial and assessment of costs in certain situations.
     Referred to the Committee on the Judiciary.
     By Senator Caruth:
     Senate Bill No. 181
--A Bill to amend and reenact §8A-4-6 of the Code of West Virginia, 1931, as amended, relating to municipalities; effect of adopted subdivision and land development ordinances; and providing that this chapter does not authorize an ordinance, rule or regulation preventing the complete use of natural resources by the owner outside of urban areas.
     Referred to the Committee on Economic Development; and then to the Committee on Government Organization.
     By Senators Caruth and Edgell:
     
Senate Bill No. 182--A Bill to amend and reenact §17-16A-18 of the Code of West Virginia, 1931, as amended, relating to terminating tolls on the West Virginia Turnpike before 2020.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senator D. Facemire:
     Senate Bill No. 183
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-13A-1, §17C-13A-2, §17C-13A-3, §17C-13A-4, §17C- 13A-5, §17C-13A-6, §17C-13A-7, §17C-13A-8 and §17C-13A-9, all relating to prohibiting diesel-powered motor vehicles from excessive idling; defining terms; placing restrictions on idling; providing exceptions to idling restrictions; establishing a misdemeanor offense of excessive idling; providing criminal penalties; and providing enforcement by the Department of Environmental Protection.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senators McCabe, White, Foster and Unger:
     
Senate Bill No. 184--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6 and §5B-4-7, all relating to the creation of the West Virginia Energy Efficient Buildings Program; concentrating on energy demand-side management in private and public buildings; generating energy savings; promoting more efficient use of the state's natural resources; authorizing the West Virginia Development Office to promulgate regulations; creating the West Virginia Energy Efficient Buildings Public Sector Grant Fund and the West Virginia Energy Efficient Buildings Private Sector Loan Revolving Fund; establishing criteria for grants and loans from the funds; and requiring annual reports to be provided to the Legislature.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senators McCabe and Foster:
     Senate Bill No. 185
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11- 13AA-5, §11-13AA-6, §11-13AA-7, §11-13AA-8, §11-13AA-9, §11-13AA- 10, §11-13AA-11, §11-13AA-12 and §11-13AA-13, all relating generally to allowing tax incentives when computing business franchise and West Virginia income tax liabilities, corporate or personal, as the case may be, for profits attributed to the use of patents directly used in a manufacturing process or product developed in this state or for royalties generated from patents directly used in a manufacturing process or product developed in this state; providing short title, legislative findings and purpose; defining certain terms; specifying terms, conditions and rules for taking of tax credits; providing for forfeiture of unused credit after period of years; allowing Tax Commissioner to prescribe rules; requiring periodic reports by Tax Commissioner on cost and effect of tax incentives; providing rule of construction; providing effective date; and specifying termination date.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senator Kessler:
     
Senate Bill No. 186--A Bill to amend and reenact §17C-5-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §17C-5A-1b; and to amend and reenact §17C-5A-2 of said code, all relating to creating the office of administrative law judges within the Division of Motor Vehicles; and outlining the powers of the administrative law judges.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Barnes and Green:
     Senate Bill No. 187
--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 special registration plates bearing the inscription "In God We Trust".
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senators Minard and Williams:
     
Senate Bill No. 188--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 Boley:
     Senate Bill No. 189
--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 Senator Browning:
     
Senate Bill No. 190--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-13A-1, §5-13A-2, §5-13A-3, §5-13A-4, §5-13A-5, §5-13A-6 and §5-13A-7, all relating to transfer from Higher Education Retirement Plan to the Public Employees Retirement System; definitions; voluntary transfers; converting assets from Higher Education Retirement Plan to Public Employees Retirement System; service credit in Public Employees Retirement System following transfer; converting assets; vesting; minimum guarantees; and transferees' eligibility to retire.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senator Chafin:
     Senate Bill No. 191
--A Bill to amend and reenact §24-3-3b of the Code of West Virginia, 1931, as amended, relating to railroad safety; and requiring the Public Service Commission to undertake additional rulemaking pertaining to the safety requirements for railway walkways.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senator Yost:
     
Senate Bill No. 192--A Bill to amend and reenact §17A-10-3b of the Code of West Virginia, 1931, as amended; to amend and reenact §17C-15-44 of said code; and to amend said code by adding thereto a new section, designated §17C-15-44a, all relating to motorcycle safety and equipment; increasing the motorcycle safety fee; providing a motorcycle helmet exemption for motorcyclists meeting certain requirements; helmet exemption sticker and fees; penalties; and rules.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senator Deem:
     Senate Bill No. 193
--A Bill to amend and reenact §22-6-22 of the Code of West Virginia, 1931, as amended, relating to the reporting of certain geologic information obtained incidental to oil and gas drilling; requiring the filing of reports with the Department of Environmental Protection and the State Geological and Economic Survey; providing for the delivery of core samples and well cuttings to the State Geological and Economic Survey; and assuring the confidentiality of reports and other information provided.
     Referred to the Committee on Energy, Industry and Mining.
     By Senator Barnes:
     
Senate Bill No. 194--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; and then to the Committee on Finance.
     By Senators Jenkins and McCabe:
     Senate Bill No. 195
--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 Unger and White:
     
Senate Bill No. 196--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; requiring an eligible recipient to receive $400 a month for life; requiring fire departments to contribute $2,000 per year; establishing eligibility criteria; and administration of the funds.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senators Kessler and Yost:
     Senate Bill No. 197
--A Bill to amend and reenact §15-2B-3, §15-2B-6, §15-2B-7, §15-2B-9, §15-2B-10 and §15-2B-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §15-2B-15 and §15-2B- 16, all relating to DNA data collection generally; providing definitions; authorizing the West Virginia State Police to administer DNA identification system; authorizing the West Virginia State Police to enter into certain cooperative agreements; requiring DNA sample be obtained upon conviction; identifying tests to be performed on DNA samples; providing authority to maintain samples; providing procedure for withdrawing and analyzing samples; providing procedure for exchanging samples with others; providing procedure for removing sample from database by expungement; providing for destruction of samples; providing penalties; and authorizing the West Virginia State Police to collect certain fees for DNA testing.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Caruth:
     
Senate Bill No. 198--A Bill to amend and reenact §55-7-24 of the Code of West Virginia, 1931, as amended, relating to properly apportioning the percentage of fault to all defendants whose tortious conduct caused an incident, injury or damages at issue in a case.
     Referred to the Committee on the Judiciary.
     By Senator Caruth:
     Senate Bill No. 199
--A Bill to amend and reenact §17-16A-26 of the Code of West Virginia, 1931, as amended, relating to an annual legislative audit of the Parkways Authority; and requiring the Parkways Authority to provide certain information.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Caruth and Jenkins:
     
Senate Bill No. 200--A Bill to amend and reenact §23-4-2 of the Code of West Virginia, 1931, as amended, relating to disbursement where injury is self-inflicted or intentionally caused by the employer.
     Referred to the Committee on the Judiciary.
     By Senator Caruth:
     Senate Bill No. 201
--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, §55- 7E-6, §55-7E-7, §55-7E-8 and §55-7E-9, all relating to establishing the Punitive Damages Standards Act; legislative findings; defining terms; punitive damage pleading requirements; procedure for award of punitive damages; proof required for punitive damages; punitive damage limitations; and effective date.
     Referred to the Committee on the Judiciary.
     By Senators Caruth, Unger and Minard:
     
Senate Bill No. 202--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 Senator Plymale:
     Senate Bill No. 203
--A Bill to amend and reenact §18-4-1 and §18-4-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-5-1a of said code, all relating to including interim term of county superintendents; appointment of interim county superintendent in cases of medical incapacitation; and removal power of a county board member if a member does not attend approved training.
     Referred to the Committee on Education.
     By Senators Snyder and Unger:
     
Senate Bill No. 204--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-18A-1, §29-18A-2 and §29-18A-3, all relating to creating the Commuter Rail Access Act; and allowing railroads in West Virginia which charge track access fees for any daily railroad commuter service in West Virginia a tax credit to the railroad against the corporate net income tax equal to access fees lost in lieu of other payment.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senator Oliverio (By Request):
     Senate Bill No. 205
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §35-5C-1, §35-5C-2, §35-5C-3, §35-5C-4 §35-5C-5, §35-5C- 6, §35-5C-7, §35-5C-8, §35-5C-9, §35-5C-10, §35-5C-11, §35-5C-12, §35-5C-13, §35-5C-14, §35-5C-15, §35-5C-16, §35-5C-17, §35-5C-18, §35-5C-19, §35-5C-20, §35-5C-21, §35-5C-22, §35-5C-23, §35-5C-24, §35-5C-25, §35-5C-26, §35-5C-27, §35-5C-28 and §35-5C-29, all relating generally to establishing the West Virginia Cemetery Act; scope; providing for definitions; creating the West Virginia Cemetery Commission; providing for commission logistics; providing for commission powers and budget; providing for licensure requirements for various brokers, companies and organizations; cemetery changes of control; care and maintenance trust funds; perpetual care funds; trust fund financial reports; license applications, assignability and transferability; cemetery land acreage; construction of mausoleums and crypts; providing for penalties; burial public policy; and validation of cemetery lot deeds.
     Referred to the Committee on the Judiciary.
     By Senators Tomblin (Mr. President), Green, McCabe and Stollings:
     
Senate Bill No. 206--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 Friends of Coal license plate for passenger vehicles.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senators White, Green, Laird and Yost:
     Senate Bill No. 207
--A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of the board of parole; eligibility for parole; when an inmate's written parole release plan may be considered; and procedure for granting parole.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Kessler and Edgell:
     
Senate Bill No. 208--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-19c, relating to making it a felony to wager at animal fighting ventures; making it a felony to conduct, finance, manage, supervise, own or lease any part of an animal fighting venture or the premises on which it takes place with knowledge that wagering is occurring; and providing criminal penalty.
     Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
     By Senators Kessler, Edgell, Green, D. Facemire and Laird:
     Senate Bill No. 209
--A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to making it a criminal act to assault emergency medical service personnel acting in their official capacities.
     Referred to the Committee on the Judiciary.
     By Senator Browning:
     
Senate Bill No. 210--A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to providing that the Natural Resources Commission may promulgate a regulation limiting the season in which dogs may be trained on bears, but must allow, at a minimum, that dogs may be trained on bears between May 1 and August 15 next following.
     Referred to the Committee on Natural Resources.
     By Senators Browning and Foster:
     Senate Bill No. 211
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-11B-1, §22-11B-2, §22-11B-3, §22-11B-4, §22-11B-5, §22-11B-6, §22-11B-7, §22-11B-8 and §22-11B-9, all relating to the creation of the Protection of Water Act; protection of certain streams; disturbances of stream beds; granting of permits to modify stream, watercourse or lake; permits to erect structures on waterways; protection of navigable waters; permit required to excavate or fill; department required to inspect structures impounding waters; bonds required of permittees; alterations of watercourses or lakes; inspection and correction; illegal impounding of waters; director to issue order after hearing to direct compliance in order to protect health, safety or environment; director to certify costs incurred by state in enforcing water protection activities; certified cost to be assessed against offending property owner; criminal liability of persons who act in disregard of the specifications provided in a construction contract designed to protect stream damage; prohibition of certain incompatible uses over either primary groundwater recharge areas or federally designated sole source aquifers; definitions; private and public rights in waters; alterations in watercourses and lakes; prescriptive rights or privileges; action for declaratory judgment; and limitations of time to bring action.
     Referred to the Committee on Natural Resources; and then to the Committee on Energy, Industry and Mining.
     By Senators Plymale, Wells, Oliverio, Helmick, Boley, Tomblin (Mr. President), Unger, Green, Foster, Hall, White, Edgell, Stollings, Browning, Laird, Jenkins, Williams and McCabe:
     
Senate Bill No. 212--A Bill to repeal §18-23-1, §18-23-2, §18- 23-3, §18-23-4, §18-23-5, §18-23-13, §18-23-14, §18-23-15, §18-23- 18, §18-23-22, §18-23-23 and §18-23-24 of the Code of West Virginia, 1931, as amended; to repeal §18B-14-1, §18B-14-2, §18B- 14-3, §18B-14-4, §18B-14-5, §18B-14-5a, §18B-14-6 and §18B-14-7 of said code; to amend and reenact §5-6-4a of said code; to amend and reenact §18B-1B-4 of said code; to amend and reenact §18B-2A-4 of said code; to amend and reenact §18B-2B-6 of said code; to amend and reenact §18B-4-6 of said code; to amend and reenact §18B-5-4 of said code; to amend and reenact §18B-10-8 of said code; and to amend said code by adding thereto a new article, designated §18B- 19-1, §18B-19-2, §18B-19-3, §18B-19-4, §18B-19-5, §18B-19-6, §18B- 19-7, §18B-19-8, §18B-19-9, §18B-19-10, §18B-19-11, §18B-19-12, §18B-19-13, §18B-19-14, §18B-19-15, §18B-19-16, §18B-19-17 and §18B-19-18, all relating to higher education capital facilities generally; repealing certain specific duties of governing boards of higher education institutions; eliminating condemnation rights of those boards; eliminating execution of contracts and deeds by those boards; eliminating certain obligation concerning capital construction and repair duties; eliminating the authority of certain state institutions from selling certain properties and lease-back provisions; replacing those duties that are being repealed with similar responsibilities; setting forth certain specific responsibilities of the Higher Education Policy Commission and the Council for Community and Technical College Education; reviewing tuition and fee increases; reviewing and approving capital project planning, financing, management and maintenance; permitting the acquisition, sale, transfer, exchange, lease, conveyance and condemnation of real property; permitting the construction and operation of capital facilities; permitting the collection and use of certain capital fees; establishing in the State Treasury a capital maintenance fund for each state institution of higher education; setting forth legislative findings and intent; defining terms; requiring rulemaking; and providing for system facilities institution and facilities planning.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Sypolt and Minard:
     Senate Joint Resolution No. 1
--
Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Unger and White:
     Senate Joint Resolution No. 2
--
Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to increasing the homestead exemption; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Sypolt:
     Senate Joint Resolution No. 3
--Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof by adding thereto a new section, designated section twenty- three, relating to the marriage protection amendment; prohibiting the state from recognizing same sex marriages; prohibiting the state from recognizing a legal status for relationships that are similar to marriage; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Sypolt:
     Senate Joint Resolution No. 4
--
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 Guills:
     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 is similar to marriage; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator K. Facemyer:
     Senate Joint Resolution No. 6
--
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 Minard:
     Senate Joint Resolution No. 7
--
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 Snyder:
     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.
     By Senator Caruth:
     Senate Joint Resolution No. 9
--
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 Senator Sypolt:
     Senate Joint Resolution No. 10
--
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.

     Pending announcement of meetings of standing committees of the Senate,
     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 five 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

January 13, 2010

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, 2010.
                              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. 213--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.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senators Barnes and Chafin.
     Senator Chafin then moved that the Senate adjourn until tomorrow, Thursday, January 14, 2010, at 11 a.m.
     The question being on the adoption of Senator Chafin's motion, and on this question, Senator Chafin demanded the yeas and nays.
     The roll being taken,
the yeas were: Boley, Bowman, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Sypolt, Wells, White, Williams, Yost and Tomblin (Mr. President)--26.
     The nays were: Barnes--1.
     Absent: Browning, Guills, Hall, Jenkins, Palumbo, Plymale and Unger--7.
     So, a majority of those present and voting having voted in the affirmative, the President declared Senator Chafin's motion had prevailed.
     In accordance with the foregoing motion, the Senate adjourned until tomorrow, Thursday, January 14, 2010, at 11 a.m.
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