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sdj-08th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

EIGHTH DAY

____________

Charleston, W. Va., Wednesday, January 18, 2012

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

     Prayer was offered by the Reverend Thaddaeus B. Allen, Regional Minister and President of the Christian Church (Disciples of Christ) in West Virginia.
     Pending the reading of the Journal of Tuesday, January 17, 2012,
     On motion of Senator Williams, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     Senator Kessler (Mr. President) presented a communication from the Legislative Rule-Making Review Committee, submitting its annual report, in accordance with chapter twenty-nine-a, article three, section twelve of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Senate proceeded to the fourth order of business.
     Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Senate Bill No. 6, Relating to use of epinephrine in emergency situations.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 6 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-44-1, §16-44-2, §16-44-3, §16-44-4 and §16-44-5, all relating generally to the administration of epinephrine in emergency situations; authorizing certain individuals to obtain a prescription for epinephrine, purchase epinephrine and administer epinephrine in emergency situations; development and approval of certain training programs relating to the administration of epinephrine in emergency situations; granting rule-making authority; addressing applicability of article; and providing for limitations on civil and criminal liability.
     And,
     Senate Bill No. 7, Relating to administration of Naloxone in suspected drug overdoses.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 7 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-4C-24, relating generally to allowing State Police, police, sheriffs and fire and emergency service personnel to possess Naloxone to administer in suspected narcotic drug overdoses; defining terms; providing for training; granting immunity to health care providers who prescribe Naloxone related to a training program; granting immunity to initial responders; providing for data gathering and reporting; and authorizing legislative or emergency rulemaking.
     With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Ron Stollings,
                               Chair.
     The bills (Com. Sub. for S. B. Nos. 6 and 7), under the original double committee references, were then referred to the Committee on the Judiciary.
     Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
     Your Committee on Transportation and Infrastructure has had under consideration
     Senate Bill No. 12, Authorizing operation of low-speed vehicles in municipalities.
     And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Robert D. Beach,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
     Your Committee on Transportation and Infrastructure has had under consideration
     Senate Bill No. 30, Providing additional means to notify DMV of purchase of junked vehicle.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Robert D. Beach,
                               Chair.
     Senator Plymale, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration
     Senate Bill No. 106, Providing higher education employees' eligibility for Legislature.
     And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Robert H. Plymale,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 118, Terminating residential lease upon tenant death.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 118 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §37-6-11 of the Code of West Virginia, 1931, as amended, relating to termination of a residential lease upon the death of a tenant; permitting termination of a residential lease in certain situations; requiring notice and payment of certain rent; prohibiting waiver; and providing date for applicability of provisions.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair.
     Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 129, Relating to descriptions of easements and rights-of-way.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair.
     Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
     Your Committee on Transportation and Infrastructure has had under consideration
     Senate Bill No. 138, Extending discount for EZ Pass transponders to all other toll roads.
     And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Robert D. Beach,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance.
     Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Senate Bill No. 171, Creating in-home direct care workforce registry.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 171 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §16-5P-6 of the Code of West Virginia, 1931, as amended, relating generally to the creation of an in-home direct care worker registry; clarifying the duties of the Commissioner of the Bureau of Senior Services as executive and administrative head of the Bureau of Senior Services; requiring the Bureau of Senior Services to develop and maintain an in-home direct care worker registry; and granting rule-making authority.
     With the recommendation that the committee substitute do pass; but with the further recommendation that it first be referred to the Committee on Finance; and then, under the original double committee reference, to the Committee on the Judiciary.
                              Respectfully submitted,
                               Ron Stollings,
                               Chair.
     On motion of Senator Stollings, the bill (Com. Sub. for S. B. No. 171) contained in the foregoing report from the Committee on Health and Human Resources was referred to the Committee on Finance; and then, under the original double committee reference, to the Committee on the Judiciary.
     Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Senate Bill No. 175, Providing for issuance of special volunteer medical license to active medical and osteopathic physicians.
     And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
                              Respectfully submitted,
                               Ron Stollings,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Government Organization.
     Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
     Your Committee on Transportation and Infrastructure has had under consideration
     Senate Concurrent Resolution No. 1, Requesting DOH name bridge in Mingo County "Brittany Nicole Dentro Memorial Bridge".
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Robert D. Beach,
                               Chair.
     Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
     Your Committee on Transportation and Infrastructure has had under consideration
     Senate Concurrent Resolution No. 2, Requesting DOH name bridge in Monongalia County "Colonel Zackquill Morgan Memorial Bridge-Founder of Morgantown".
     And reports back a committee substitute for same as follows:
     Com. Sub. for Senate Concurrent Resolution No. 2 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name bridge number 31-43-2.48(4303) on County Route 43 and crossing Morgan's Run Road in Monongalia County, West Virginia, the "Colonel Zackquill Morgan Memorial Bridge".
     Whereas, Colonel Zackquill Morgan was a son of a Welsh-born Colonel Morgan Morgan and mother, Catherine Garretson Morgan in Berkeley County, Virginia now West Virginia in 1735. He served the Virginia forces during the French and Indian War participating in both the ill-fated Braddock's expedition and the more successful expedition by General Forbes in 1758. He rendered valuable service as leader of the rear guard during the Revolutionary War and advance guard of the Republic, serving in the capacity as "County Lieutenant" of Monongalia County with the title of Colonel during the Revolutionary War. Colonel Zackquill Morgan commanded approximately 600 Virginia Minute Men with General Gates during the Battle of Saratoga in October 1777, having lost nearly half his men in this battle; and
     Whereas, Colonel Zackquill Morgan accompanied by his brother David Morgan migrated to the region now known as Monongalia County, having had land surveyed for him on April 29, 1778, to include 220 acres on Decker's Creek and the Monongahela River. In 1782, with the extension of the Mason-Dixon line, Colonel Zackquill Morgan's home and county seat became part of Pennsylvania and as such moved south to what was then called Morgan's Town, establishing the county court in Colonel Morgan's home while a new courthouse was under construction. In October 1785, by request of Colonel Zackquill Morgan, the Virginia General Assembly specified that 50 acres of land be surveyed to establish half acre lots and a town named Morgan's Town, Virginia, now known as Morgantown, West Virginia to be established on this site. Colonel Zackquill Morgan maintained and operated the town's first tavern in 1783 and lived in a house on Front Street until his death on January 1, 1795, several years after peace had been declared with England. He was buried in a remote cemetery at Prickett's Fort, Marion County, Virginia, the grave was marked by a simple sandstone slab with the words "Z. M. Morgan, Jan. 1, 1795" crudely chiseled into its face; and
     Whereas, Colonel Zackquill Morgan shall be remembered as having served throughout the Revolutionary War and as founder of present day Morgantown, West Virginia, and the life and contributions of Colonel Zackquill Morgan shall be recognized and honored; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 31-43-2.48(4303) on County Route 43 and crossing Morgan's Run Road in Monongalia County, West Virginia, the "Colonel Zackquill Morgan Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed signs at each entry of said bridge, containing bold and prominent letters proclaiming the bridge to be the "Colonel Zackquill Morgan Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate is directed to forward a certified copy of this resolution to the Secretary of Transportation and the Zackquill Morgan Chapter Daughters of the
American Revolution.
     With the recommendation that the committee substitute be adopted.
                              Respectfully submitted,
                               Robert D. Beach,
                               Chair.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
     [CLERK'S NOTE: Senate Bill No. 226 through Senate Bill No. 326 are recommended for introduction by the Joint Legislative Rule- Making Review Committee and sponsored by Senator Minard, Senate Cochair.]
     By Senator Minard:
     Senate Bill No. 226--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Accountancy to promulgate a legislative rule relating to the board and rules of professional conduct.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 227--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to certification for small, women- and minority-owned businesses.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 228--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the inspection of meat and poultry.
     Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 229--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the labeling of imported honey, honey products or honey bee byproducts and adulterated honey, honey products or honey bee byproducts.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 230--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to nutrient management certification.
     Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 231--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to licensed retailer operations.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 232--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to the licensing of retail outlets.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 233--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Athletic Commission to promulgate a legislative rule relating to mixed martial arts.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 234--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Auditor to promulgate a legislative rule relating to the transaction fee and rate structure.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 235--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Banking to promulgate a legislative rule relating to residential mortgage lenders, brokers and loan originators.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 236--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the procedures, criteria and curricula for examinations and licensure of barbers, cosmetologists, manicurists and aestheticians.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 237--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to licensing schools of barbering and beauty culture.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 238--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to shampoo assistants.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 239--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees Retirement System.
     Referred to the Committee on Pensions; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 240--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to refund, reinstatement, retroactive service, loan and employer error interest factors.
     Referred to the Committee on Pensions; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 241--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police.
     Referred to the Committee on Pensions; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 242--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Corrections to promulgate a legislative rule relating to fees for electronic monitoring of offenders.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 243--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Courthouse Facilities Improvement Authority to promulgate a legislative rule relating to the Courthouse Facilities Improvement Fund.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 244--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commission for the Deaf and Hard of Hearing to promulgate a legislative rule relating to fees for qualified interpreters.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 245--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commission for the Deaf and Hard of Hearing to promulgate a legislative rule relating to the establishment of required qualifications and ethical standards for interpreters and transliterators.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 246--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to fees established by the board.
     Referred to the Committee on Government Organization; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 247--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 248--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 249--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from the combustion of solid waste.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 250--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modifications of major stationary sources which cause or contribute to nonattainment areas.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 251--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 252--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements for operating permits.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 253--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 254--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to determining conformity of general federal actions to applicable implementation plans (general conformity).
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 255--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the greenhouse gas emissions inventory program.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 256--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 257--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment.
     Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 258--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to solid waste management.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 259--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management systems.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 260--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Development Office to promulgate a legislative rule relating to brownfield economic development districts.
     Referred to the Committee on Economic Development; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 261--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Development Office to promulgate a legislative rule relating to the use of coalbed methane severance tax proceeds.
     Referred to the Committee on Economic Development; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 262--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Registration for Foresters to promulgate a legislative rule relating to the certification of registered foresters.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 263--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Registration for Foresters to promulgate a legislative rule relating to a schedule of fees.
     Referred to the Committee on Government Organization; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 264--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Registration for Foresters to promulgate a legislative rule relating to a code of ethics.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 265--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Forestry to promulgate a legislative rule relating to sediment control during commercial timber- harvesting operations--licensing.
     Referred to the Committee on Agriculture; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 266--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Forestry to promulgate a legislative rule relating to sediment control during commercial timber- harvesting operations--logger certification.
     Referred to the Committee on Agriculture; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 267--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Funeral Service Examiners to promulgate a legislative rule relating to crematory requirements.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 268--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Governor's Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law- enforcement training standards.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 269--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Governor's Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to motor vehicle search standards.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 270--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to a safety and treatment program.
     Referred to the Committee on Health and Human Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 271--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to credentialing verification organizations.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 272--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Directors of the West Virginia Health Insurance Plan to promulgate a legislative rule relating to a premium subsidy.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 273--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 274--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to vital statistics.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 275--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems operators.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 276--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to manufactured home communities.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 277--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to wastewater systems and operations.
     Referred to the Committee on Health and Human Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 278--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to AIDS-related medical testing and confidentiality.
     Referred to the Committee on Health and Human Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 279--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems design standards.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 280--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Highways to promulgate a legislative rule relating to the construction and reconstruction of state roads.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 281--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 282--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Human Rights Commission to promulgate a legislative rule relating to housing discrimination against persons with disabilities who utilize assistance animals.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 283--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Human Services to promulgate a legislative rule relating to family child care facility licensing requirements.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 284--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Human Services to promulgate a legislative rule relating to family child care home registration requirements.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 285--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Human Services to promulgate a legislative rule relating to a child care quality rating and improvement system.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 286--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to the licensing and conduct of insurance producers and agencies.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 287--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to surplus lines insurance.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 288--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to insurance holding company systems.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 289--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to continuing education for individual insurance producers.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 290--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to mini COBRA.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 291--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to workers' compensation insurance for state agencies.
     Referred to the Committee on Banking and Insurance; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 292--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the Zipline and Canopy Tour Responsibility Act.
     Referred to the Committee on Labor; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 293--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the Amusement Rides and Amusement Attractions Safety Act.
     Referred to the Committee on Labor; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 294--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the supervision of elevator mechanics and apprentices.
     Referred to the Committee on Labor; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 295--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Massage Therapy Licensure Board to promulgate a legislative rule relating to general provisions.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 296--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Massage Therapy Licensure Board to promulgate a legislative rule relating to a schedule of fees.
     Referred to the Committee on Government Organization; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 297--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Medicine to promulgate a legislative rule relating to the formation and approval of professional limited liability companies.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 298--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Office of Miners' Health, Safety and Training to promulgate a legislative rule relating to the application process for the West Virginia Innovative Mine Safety Technology Tax Credit Act.
     Referred to the Committee on Energy, Industry and Mining; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 299--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to compulsory motor vehicle liability insurance.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 300--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to special boating.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 301--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to special motorboating.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 302--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to hunting, trapping and fishing.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 303--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to defining the terms used in all hunting and trapping.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 304--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to prohibitions when hunting and trapping.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 305--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to general trapping.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 306--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to special fishing.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 307--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Nursing Home Administrators Licensing Board to promulgate a legislative rule relating to nursing home administrators.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 308--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Occupational Therapy to promulgate a legislative rule relating to fees for services rendered by the board.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 309--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Osteopathy to promulgate a legislative rule relating to licensing procedures for osteopathic physicians.
     Referred to the Committee on Health and Human Resources; then to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 310--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Personnel to promulgate a legislative rule relating to the administration of the division.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 311--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Personnel to promulgate a legislative rule relating to workers' compensation temporary total disability.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 312--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to immunizations administered by pharmacists.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 313--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to the Uniform Controlled Substances Act.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 314--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to continuing education for the licensure of pharmacists.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 315--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to the licensure of wholesale drug distributors.
     Referred to the Committee on Government Organization; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 316--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Racing Commission to promulgate a legislative rule relating to simulcast pari-mutuel wagering at an authorized gaming facility in a historic hotel.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 317--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to the Vote-by-Mail Pilot Project Phase 2: Voting by Mail.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 318--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to the general management and preservation of state records.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 319--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of the Department of Health and Human Resources, the Insurance Commissioner and the Chair of the West Virginia Health Care Authority to promulgate a legislative rule relating to an all-payer claims database--data submission requirements.
     Referred to the Committee on Health and Human Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 320--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of the Department of Health and Human Resources, the Insurance Commissioner and the Chair of the West Virginia Health Care Authority to promulgate a legislative rule relating to the all-payer claims database program's privacy and security.
     Referred to the Committee on Health and Human Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 321--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Police to promulgate a legislative rule relating to the West Virginia State Police Career Progression System.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 322--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Police to promulgate a legislative rule relating to the West Virginia State Police Modified Vehicle Inspection Manual.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 323--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Professional Surveyors to promulgate a legislative rule relating to the examination and licensing of professional surveyors in West Virginia.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 324--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the payment of taxes by electronic funds transfer.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 325--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the commercial patent incentives tax credit.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 326--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to an exchange of information agreement between the State Tax Department and the Department of Commerce, the Department of Transportation and the Department of Environmental Protection.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     [CLERK'S NOTE: Senate Bill No. 226 through Senate Bill No. 326 are recommended for introduction by the Joint Legislative Rule- Making Review Committee and sponsored by Senator Minard, Senate Cochair.]
     By Senator Nohe:
     Senate Bill No. 327--A Bill to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended, relating to providing an exemption for the official mascot of Parkersburg South High School, commonly known as "The Patriot", which would allow the mascot to carry a musket on school grounds when the mascot is acting in his or her official capacity.
     Referred to the Committee on Education; and then to the Committee on the Judiciary.
     By Senators Yost, Foster, Unger, Miller and Wills:
     Senate Bill No. 328--A Bill to amend and reenact §18-2-26 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-5-4 of said code, all relating to increasing the amount of compensation a member of a county board of education may receive for attending certain meetings; increasing by $100 the amount a board member may receive for attending regional education council meetings if he or she also serves on that council; increasing by $40 the amount board members may receive for each board meeting attended; permitting board members to also be compensated at the same rate for other specific meetings attended; establishing a maximum number of compensable meetings; and permitting board members to be compensated for attending a maximum of six days of approved training classes.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senator Minard:
     Senate Bill No. 329--A Bill to amend and reenact §33-6-31 of the Code of West Virginia, 1931, as amended, relating to the motor vehicle insurance policy; and requiring uninsured motor vehicle coverage to be treated the same as any other coverage available to an insured.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 330--A Bill to amend and reenact §33-12B-1, §33-12B-5 and §33-12B-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-12B-4a, all relating to insurance; licensure of adjusters; definitions, including a definition of "automated claims adjudication system"; and exemptions for certain individuals from adjuster licensure in this state and licensing of residents of Canada in this state.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Government Organization.
     By Senators Wills and Miller:
     Senate Bill No. 331--A Bill to amend and reenact §61-11A-2 and §61-11A-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-12-23 of said code, all relating to adding persons who reside with crime victims to those who are provided notice of matters in the prosecutorial process; and the right to be heard at sentencing and parole proceedings.
     Referred to the Committee on the Judiciary.
     By Senators Snyder, Green, Klempa, McCabe, Williams, Wills, Plymale, Foster, Yost and Beach:
     Senate Bill No. 332--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-49b, relating to the registration of pawnbrokers; requiring pawnbrokers to keep certain records; requiring pawnbrokers to obtain specific identification information for certain transactions; requiring pawnbrokers to submit certain information to law-enforcement agencies; providing that information obtained by pawnbrokers is to be kept confidential; requiring the State Police to maintain database of information received from pawnbrokers; specifying duration pawnbrokers and law-enforcement agencies are to retain information for three years; defining terms; establishing penalties; and providing rule-making authority.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Minard and Klempa:
     Senate Bill No. 333--A Bill to amend and reenact §31A-8C-2 of the Code of West Virginia, 1931, as amended, relating to the provision of financially related services by banks and bank holding companies; and providing that a West Virginia state-chartered banking institution may engage in a financially related activity directly if a federal or state thrift, federal credit union or state bank chartered in another state may engage in that financially related activity.
     Referred to the Committee on Banking and Insurance.
     By Senator Minard:
     Senate Bill No. 334--A Bill to amend and reenact §46A-4-103 of the Code of West Virginia, 1931, as amended, relating to the authority of the Commissioner of Banking over consumer lender licensees; providing for a penalty of not more than $2,000 for each day a violation exists; and providing for hearings.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senator Minard:
     Senate Bill No. 335--A Bill to amend and reenact §61-3-39e of the Code of West Virginia, 1931, as amended, relating to permitting payees or holders of electronic transfers that have been dishonored because of insufficient funds or credit may send notice to the drawer of the transfer and impose a fee up to $25.
     Referred to the Committee on Banking and Insurance.
     By Senator Minard:
     Senate Bill No. 336--A Bill to amend and reenact §31-17-2 of the Code of West Virginia, 1931, as amended, relating to license required for residential mortgage lenders and brokers and exemptions thereto; and eliminating the exemption for a lender under the regular supervision and examination for consumer compliance by any agency of the federal government.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Government Organization.
     By Senator Minard:
     Senate Bill No. 337--A Bill to amend and reenact §31A-2-4 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of the Commissioner of Banking; authorizing the Commissioner of Banking to establish relationships or contracts with the Nationwide Mortgage Licensing System and Registry, or other entities designated by the Nationwide Mortgage Licensing System and Registry, to collect and maintain records related to criminal background investigations and fingerprinting for persons subject to this subsection; providing that the Commissioner of Banking may use the Nationwide Mortgage Licensing System and Registry, or its designated vendor, as a channeling agent for requesting information from and distributing information to the Department of Justice or any governmental agency; providing that the Commissioner of Banking may use the Nationwide Mortgage Licensing System and Registry as a channeling agent for requesting and distributing information to and from any source so directed by the Commissioner; authorizing the Commissioner of Banking to conduct examinations of third-party providers of information technology services to financial institutions; creating a special revenue account to be known as the Consumer Education Fund, which may be expended by the commissioner to promote consumer awareness and understanding of issues related to residential mortgage lending; providing that ten percent of all civil administrative penalties collected by the Division of Banking during each fiscal year shall be deposited into that account, which may be invested and retain all earnings and interest; and providing that at the end of each fiscal year, any remaining balance less than $500,000, including accrued interest, shall remain in the account and that any balance exceeding $500,000 shall revert to the General Revenue Fund.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Government Organization.
     By Senator Minard:
     Senate Bill No. 338--A Bill to amend and reenact §46A-2-106 of the Code of West Virginia, 1931, as amended, relating to requiring that at least twenty days prior to accelerating the maturity of the unpaid balance of any installment obligation or any other secured obligation, commencing any action or demand or taking possession of collateral on account of default, the lender must provide notice of consumer's right to cure default including a certification of the exact amount due in order to cure the default and a certification that the notice was in fact mailed to the borrower.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 339--A Bill to amend and reenact §31-17-11 of the Code of West Virginia, 1931, as amended, relating to the reporting requirements for residential mortgage lenders and broker licensees; providing that such reporting shall be done through the Nationwide Mortgage Licensing System and Registry for the periods established by the Nationwide Mortgage Licensing System and Registry; preserving the confidentiality of such reports; giving the Commissioner of Banking the discretion to direct that the reports shall be filed directly with the Division of Banking; and replacing the duty of the Commissioner of Banking to provide an aggregate analysis of the information contained in reports with a requirement that the commissioner shall publish annually a list of the licenses issued under this chapter and direct consumers to the public information available through the Nationwide Mortgage Licensing System and Registry.
     Referred to the Committee on Banking and Insurance.
     By Senators Stollings, Kessler (Mr. President), Unger, Klempa and Plymale:
     Senate Bill No. 340--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-25a, relating to requiring the proposal and adoption of rules for the management of concussion and head injury in youth sports.
     Referred to the Committee on Education; and then to the Committee on the Judiciary.
     By Senators Stollings and Foster:
     Senate Bill No. 341--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-44-1, §16-44-2, §16-44-3, §16-44-4 and §16-44-5, all relating to access to nonpublic restrooms by individuals with certain medical conditions and under specified circumstances; and providing criminal penalty for violation.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.
     By Senators Foster, Browning, Fanning, Minard, Tucker, Wills, Barnes, K. Facemyer, Kessler (Mr. President), Klempa, Plymale, Williams and Nohe:
     Senate Bill No. 342--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-24; to amend said code by adding thereto two new sections, designated §15-9-6 and §15-9-7; to amend and reenact §25-1-1a and §25-1-15 of said code; to amend said code by adding thereto three new sections, designated §25-1-23, §25-1-24 and §25-1-25; to amend and reenact §28-5-27 of said code; to amend said code by adding thereto a new section, designated §31-20-33; to amend said code by adding thereto three new sections, designated §51-1-22, §51-1-23 and §51-1-24; to amend and reenact §60A-1-101 of said code; to amend said code by adding thereto a new section, designated §60A-1-102; to amend and reenact §60A-4-401 and §60A-4-407 of said code; to amend said code by adding thereto two new sections, designated §60A-4-414 and §60A-4-415; to amend and reenact §62-1-5a of said code; to amend and reenact §62-1C-3 of said code; to amend said code by adding thereto a new section, designated §62-11C-3a; to amend said code by adding thereto fifteen new sections, designated §62-12-1a, §62-12-5a, §62-12-29, §62-12-30, §62-12-31, §62-12-32, §62-12-33, §62-12-34, §62-12-35, §62-12-36, §62-12-37, §62-12-38, §62-12-39, §62-12-40 and §62-12-41; to amend and reenact §62-12-13 and §62-12-18 of said code; to amend said code by adding thereto a new section, designated §62-13-1; and to amend said code by adding thereto a new article, designated §62-16-1, §62-16-2, §62-16-3, §62-16-4, §62-16-5, §62-16-6, §62-16-7, §62-16-8 and §62-16-9, all relating to the Public Safety and Offender Accountability Act; requiring completion of a corrections impact statement to determine the fiscal impact of bills that propose to increase, decrease or otherwise impact incarceration; establishing baselines for performance and comparisons to national averages to measure and document possible cost savings from the Public Safety and Offender Accountability Act; reinvesting and distribution of savings; identifying the primary objective for the Division of Corrections and sentencing policy as maintaining public safety, holding offenders accountable and maintaining the lowest possible recidivism rate; requiring the Division of Corrections to administer validated risk and needs assessments for inmates eligible for parole; creating an intensive secured substance abuse recovery program; requiring evidence-based practice to be used in treatment and intervention programs; requiring the Division of Corrections to provide annual reports to the Governor and the Legislature; providing for additional good time credit for successful completion of education or treatment programs; providing additional good time credit for exceptionally meritorious service; requiring the Regional Jail and Correctional Facility Authority to provide annual reports to the Governor and the Legislature; requiring the Supreme Court of Appeals to provide annual reports to the Governor and the Legislature; amending the Uniform Controlled Substances Act; requiring the Supreme Court of Appeals to develop an online system that provides courts, attorneys, probation and parole officers and victims with information about sentencing; distinguishing between serious drug trafficking by maintaining severe penalties for serious drug traffickers; establishing a proportionate scale of penalties; reducing sentence for small quantities of certain controlled substances for a first offense; permitting deferred prosecution or a presumptive probation sentence for first- and second-time possession offenders; requiring a law-enforcement officer to issue a citation instead of making an arrest for many misdemeanor offenses and providing for exceptions, such as when the offender poses a risk of danger to himself or others; prohibiting bail amounts for misdemeanors to exceed the fines and fees of the offenses charged; requiring courts and corrections authorities to incorporate risk and needs assessment information into their decision-making process; requiring state expenditures on supervision and intervention programs for pretrial defendants, inmates and persons on parole and probation be spent on evidence-based programs; requiring offenders to be supervised using practices proven to reduce or otherwise maintain low recidivism rates; requiring the Parole Board to hear cases at least sixty days prior to the offender's parole eligibility date; requiring the use of administrative caseloads for low-risk offenders; authorizing compliance credits for parolees and early termination for probationers who successfully comply with supervision conditions; requiring six months of supervision for offenders who would otherwise be discharged without supervision at the end of their sentences; authorizing the Division of Corrections to allow offenders to complete required programming in the community and be monitored; increasing accountability for probation and parole violations by authorizing administrative, graduated sanctions for parole and probation violators; creating two pilot projects that require frequent drug testing with immediate sanctions for positive drug tests or other violations and referral to treatment, if necessary; and creating an intermediate punishment program that provides substance abuse treatment for offenders sentenced to a state correctional facility.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Laird, Kessler (Mr. President), Unger, Klempa, Nohe, Browning, Plymale, Yost, Jenkins and Beach:
     Senate Bill No. 343--A Bill to amend and reenact §8-15-8a of the Code of West Virginia, 1931, as amended, relating to the eligibility of volunteer or part-volunteer fire companies or departments to allocation from municipal pensions and protection fund and the Fire Protection Fund; providing a grace period for these volunteer fire companies or departments to comply with submission of data; and requiring the State Fire Marshal to notify these volunteer fire companies or departments of the dates and grace period.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Stollings:
     Senate Bill No. 344--A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating generally to requirements for a license to carry a deadly weapon; providing minimum training requirements to obtain a license; and making technical corrections.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 345--A Bill to amend and reenact §46A-4-111 of the Code of West Virginia, 1931, as amended, relating to the requirement of written documentation of a reasonable net tangible benefit to the borrower of any refinancing of a real estate secured loan by a regulated consumer lender; and clarifying that the requirement applies to any refinancing that occurs within twenty- four months of the date of the original consumer loan or consumer credit sale secured by residential real estate.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 5, Encouraging cooperation in implementing Ten Elements of High Quality Digital Learning.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Education.
     Senate Concurrent Resolution No. 6, Encouraging cooperation in implementing Career and Technical Education College and Career Readiness Initiative.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Education.
     Senate Concurrent Resolution No. 7, Requesting DOH name bridge in Clendenin, Kanawha County, Smith Brothers Memorial Bridge.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
     Senate Resolution No. 4, Honoring Command Sergeant Major Roger C. Beverage.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Military.
     The Senate proceeded to the tenth order of business.
     Com. Sub. for Senate Bill No. 96, Redefining basis for disqualification of prospective jurors.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, January 19, 2012, at 11 a.m.
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