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sdj-20th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

TWENTIETH DAY

____________

Charleston, W. Va., Monday, February 1, 2010

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

Prayer was offered by the Honorable Dan Foster, a senator from the seventeenth.
Pending the reading of the Journal of Friday, January 29, 2010,
On motion of Senator D. Facemire, 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 Tomblin (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 third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4039--A Bill to amend and reenact sections 1, 2, 3, 4, and 5, chapter 171, Acts of the Legislature, regular session, 1965, all relating to the Marshall County Park and Recreation Board; and permitting the Marshall County Commission to increase the board's membership.
Referred to the Committee on Government Organization.
The Senate proceeded to the fourth order of business.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 38, Creating WV Service Members Civil Relief Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 38 (originating in the Committee on Military)--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 Servicemembers Civil Relief Act; and adopting the federal Servicemembers Civil Relief Act as state law.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Erik P. Wells,
Chair.
The bill (Com. Sub. for S. B. No. 38), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 127, Reinstating high-growth business investment tax credit.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 127 (originating in the Committee on Economic Development)--A Bill to amend and reenact §11-13U-2, §11-13U-3, §11-13U-4, §11-13U-5, §11-13U-8 and §11-13U- 10 of the Code of West Virginia, 1931, as amended, all relating to reinstating the high-growth business investment tax credit; broadening the definition of "eligible companies" to include start- up, early stage, growth-oriented businesses that may not qualify for the tax credit; extending the expiration to five years with a provision for reauthorization; and increasing the annual allocation for credits from $1 million to $2 million.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
The bill (Com. Sub. for S. B. No. 127), under the original double committee reference, was then referred to the Committee on Finance.
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:
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 403--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 best management practices for land application of waste products from aquaculture facilities.
Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 404--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to nonintoxicating beer licensing and operations procedures.
Referred to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 405--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 oil and gas wells and other wells.
Referred to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 406--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the 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 Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 407--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Directors of the West Virginia Health Insurance Plan to promulgate a legislative rule relating to a preexisting conditions exclusion.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 408--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 out-of-school-time child care center licensing 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 Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 409--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 variable life insurance.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 410--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 annuity disclosure.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 411--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 Medicare supplement insurance.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 412--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 coordination of health benefits.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 413--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 preventive care pilot program.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 414--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Lottery Commission to promulgate a legislative rule relating to limited gaming facilities.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 415--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 Psychologists to promulgate a legislative rule relating to qualifications for licensure as a psychologist or a school psychologist.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 416--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 Government Organization; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 417--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 carrying of handguns by retired or medically discharged members.
Referred to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 418--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 film industry investment tax credit.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 419--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 corporation net income tax.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley, K. Facemyer and Plymale:
Senate Bill No. 420--A Bill to amend and reenact §15-2-25 of the Code of West Virginia, 1931, as amended, relating to denial of request to carry handgun by retired trooper living outside of West Virginia.
Referred to the Committee on the Judiciary.
By Senators Williams and Sypolt:
Senate Bill No. 421--A Bill to amend and reenact §11-15-3c of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-1-1 of said code; to amend and reenact §17A-3-2 and §17A-3-7 of said code; to amend said code by adding thereto a new section, designated §17A-3-2a; to amend and reenact §17A-3A-2 and §17A-3A-3 of said code; to amend and reenact §17A-6-1 of said code; and to amend and reenact §17A-10-1 and §17A-10-3 of said code, all relating to the sale and use of mini-trucks; authorizing the Division of Motor Vehicles to title, register and establish ownership documentation requirements for mini-trucks; establishing where mini-trucks may be operated; setting forth specific equipment that must be on a mini-truck; permitting annual safety inspections to be waived if certain conditions are met; requiring operators of mini-trucks to have proofs of insurance and financial responsibility; exempting mini-trucks from federal safety and emission standards; requiring sellers to provide to prospective purchasers full disclosure on whether a mini-truck conforms to certain federal safety and environmental standards; defining the term "mini-truck"; establishing the registration class and fee for a mini-truck; and redefining the term "all-terrain vehicle".
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Foster, Unger and Laird:
Senate Bill No. 422--A Bill to amend and reenact §16-4D-4 of the Code of West Virginia, 1931, as amended, relating to limiting liability for anticipated automatic external defibrillator users who are not health care providers.
Referred to the Committee on the Judiciary.
By Senators Stollings, Snyder, Unger, Foster, Chafin, Kessler, Yost, Prezioso and Green:
Senate Bill No. 423--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j; and to amend said code by adding thereto a new section, designated §11-24-25, all relating to providing a tax incentive to dental practitioners to perform dental services at no cost to indigent patients as defined.
Referred to the Committee on Finance.
By Senator Minard:
Senate Bill No. 424--A Bill to repeal §33-12B-2 and §33-12B-13 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-12B-1, §33-12B-3, §33-12B-5, §33-12B-9, §33-12B-10 and §33-12B-11 of said code; and to amend said code by adding thereto a new section, designated §33-12B-10a, all relating to insurance adjusters; defining "home state"; permitting an adjuster to designate a home state; establishing a new crop adjuster license and its qualifications; revising the requirements for nonresident adjusters; granting the Commissioner of Insurance the authority to examine the business practices of persons holding or applying for adjuster licenses; revising the licensing renewal requirements; requiring notification by adjusters of legal actions taken against them; clarifying the process to be used concerning adverse administrative actions; and increasing maximum administrative penalty for violations.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 425--A Bill to repeal §33-34-11 of the Code of West Virginia, 1931, as amended; to repeal §33-34A-1, §33-34A-2, §33-34A-3, §33-34A-4, §33-34A-5, §33-34A-6, §33-34A-7 and §33-34A-8 of said code; to amend and reenact §33-34-3 and §33-34-4 of said code; and to amend said code by adding thereto a new section, designated §33-34-3a, all relating to insurance companies deemed to be in hazardous financial condition; deleting severability provisions; providing for consideration of impact on creditors; revising standards and authority for the Insurance Commissioner's identification of companies in potentially hazardous condition; providing for additional remedies; removing requirement of hearing prior to order of supervision; requiring a prompt hearing; and revising confidentiality provisions.
Referred to the Committee on Banking and Insurance.
By Senators Kessler, Chafin and Stollings:
Senate Bill No. 426--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 Natural Resources; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 427--A Bill to amend and reenact §17-16A-3, §17-16A-5, §17-16A-6, §17-16A-10, §17-16A-11, §17-16A-13a, §17-16A- 19 and §17-16A-29 of the Code of West Virginia, 1931, as amended, all relating to renaming the West Virginia Parkways, Economic Development and Tourism Authority; reorganizing the membership of the authority; redefining terms; authorizing the authority to issue revenue bonds for parkway projects; prohibiting the authority from constructing new tourism projects or new economic development projects; clarifying certain powers of the authority relating to parkway projects, tourism projects and economic development projects; clarifying certain powers of the Department of Transportation with respect to parkway projects; clarifying the power of the authority to reimburse the Department of Transportation for costs associated with parkway projects; clarifying certain powers of the authority with respect to real and personal property; clarifying the powers of the authority to fix and revise tolls for transit over certain parkway projects; requiring notice and public hearings prior to fixing initial rates or tolls on parkway projects; requiring a discount program for purchasers of EZ Pass transponders prior to fixing initial rates or tolls on parkway projects; deleting superannuated language; and making technical corrections throughout.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Unger, Laird and Kessler:
Senate Bill No. 428--A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to exempting magistrates from the licensing requirements for carrying a concealed weapon.
Referred to the Committee on the Judiciary.
By Senators Prezioso and Plymale:
Senate Bill No. 429--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-22-2a, relating to allowing the imposition of an excise tax up to $100 per $100,000 on the transfer of real estate within the incorporated limits of any municipality; and permitting the revenue generated from the tax to be used solely for the demolishing of buildings that have been condemned, abandoned or are unsafe.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Foster, Unger, Chafin, Plymale, Kessler, Yost and Prezioso:
Senate Bill No. 430--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the reduction of state income taxes for certain state and federal retirees by increasing the exemption on retirement income in calculating the federal gross income for state personal income tax purposes.
Referred to the Committee on Finance.
By Senators Minard, Jenkins, McCabe and Plymale:
Senate Bill No. 431--A Bill to amend and reenact §31-17-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31-17A-3, §31-17A-4, §31-17A-6, §31-17A-12 and §31-17A-13 of said code, all relating to the licensing of residential mortgage brokers, lenders and loan originators by the Division of Banking; allowing the Commissioner of Banking to reduce or waive application fees, bond amounts and net worth requirements of nonprofit business entities, including community housing development organizations; providing that mortgage loan originators may be employed by only one mortgage broker or lender at any time; allowing the commissioner to reduce or waive the application fees for mortgage loan originators employed by nonprofit organizations or other community housing development organizations; providing that a mortgage loan originator license may not be transferred or assigned and that a mortgage loan originator changing employers must provide thirty days' prior notice to the commissioner and pay a fee of $50; increasing the amount of prelicensing education required for loan originators from twenty to twenty-two hours; providing a procedure for the commissioner to follow whenever taking an enforcement action under article seventeen-a, chapter thirty-one of said code; allowing any person not licensed as a mortgage lender or broker under article seventeen, chapter thirty-one of said code or article four, chapter forty-six-a of said code to register with the Nationwide Mortgage Licensing System and Registry and provide a surety bond in the appropriate amount for any mortgage loan originators it employs; and allowing the commissioner to reduce or waive the bond amounts imposed by article seventeen-a, chapter thirty-one of said code for mortgage loan originators employed by nonprofit corporations or other nonprofit business entities, including community housing development organizations, if the commissioner determines that such action would not violate any applicable law.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
Senators Unger, Snyder, Chafin, Plymale, McCabe, Kessler, Barnes and Prezioso offered the following resolution:
Senate Resolution No. 10--Recognizing Leadership Berkeley for its service, dedication and commitment to Berkeley County.
Whereas, The objective of Leadership Berkeley is to promote knowledge and awareness of the problems, opportunities and issues facing Berkeley County; and
Whereas, Leadership Berkeley is designed to provide a series of educational and participatory experiences, as well as an opportunity for dialogue and the development of a correlation among participants in order to encourage local participation in the growth of Berkeley County; and
Whereas, The membership of Leadership Berkeley includes individuals from nearly every facet of Berkeley County's business, professional, religious, governmental, educational, civic, the arts, organized labor and minority organizations who demonstrate a commitment to the community; and
Whereas, The 2010 membership of Leadership Berkeley consists of Jacob B. Atchley, The Church at Martinsburg; Michelle M. Cuthrell, Advocate Insurance Group; Vickie L. Elliott, Farmers & Mechanics Insurance Company; Lauren A. Epperly, MVB Bank; Amy C. Fansler, -BC Chamber of Commerce; Kevin M. Hine, VA Medical Center- Martinsburg; Wade G. Johnson, The Shockey Companies; Terri M. Kearns, Centra Bank, Inc.; Rachel L. McPipe, My Bank! First United Bank & Trust; Tammy L. Miller, Bank of Charles Town; James P. Paskert, City Hospital; W. Aaron Poling, Poling Construction; Jay A. Rutkowski, My Bank! First United Bank & Trust; David P. Shanholtz, Chick-fil-A; Janesa R. Smith, Gantt's Excavating & Contracting, Inc.; Timothy W. Smith, Gantt's Excavating & Contracting, Inc.; Cara M. Spaziani, -BC Convention & Visitors Bureau; Adam K. Stewart, United Brokerage Services, Inc.; Beth A. Thomas, Blue Ridge Community & Technical College; Alecia N. Todd, Mountain State University; Pamela B. Wagoner, Depot Florist; Steven R. Weiss, Blue Ridge Community & Technical College; Melody R. Wise, Susquehanna Bank; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Leadership Berkeley for its service, dedication and commitment to Berkeley County; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of Leadership Berkeley.
At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators K. Facemyer, Boley, Unger, Foster, Chafin, Plymale, McCabe, Kessler, Yost, Williams, Barnes, Stollings, Prezioso and Green offered the following resolution:
Senate Resolution No. 11--Designating February 1, 2010, as "Women's Day" at the Legislature.
Whereas, The West Virginia Women's Commission is promoting the status and empowerment of all West Virginia women through advocacy, research, education, and consensus building; and
Whereas, The West Virginia Women's Commission strives to foster women's economic, political, educational, and social development; to ensure their full participation in society; and to recognize their achievements; and
Whereas, In their roles as mothers, wives, daughters, sisters, workers, friends, caretakers, activists and volunteers, women make enormous contributions to West Virginia's economy, families, communities and general well-being; and
Whereas, West Virginia is proud of the accomplishments and achievements of women in our state, both in the private and public sectors. We appreciate their many contributions to our communities as they continue to advance in leadership roles in our society; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 1, 2010, as "Women's Day" at the Legislature; and, be it
Further Resolved, That the Senate expresses its appreciation to women for the many contributions they make to the State of West Virginia in all facets of our society; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials with the West Virginia Women's Commission.
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.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recessed, the Senate reconvened and proceeded to the seventh order of business.
Senate Concurrent Resolution No. 12, Requesting Joint Committee on Government and Finance study motor carrier industry regulation.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure; and then to the Committee on Rules.
Senate Concurrent Resolution No. 13, Requesting DOH name bridge in Big Chimney, Kanawha County, "Private First Class Thomas Keith Coleman 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 Concurrent Resolution No. 14, Requesting DOH name bridge in Scott Depot, Putnam County, "Trooper William 'Bill' Phillips Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 215, Creating offense of assaulting volunteer firefighters and emergency medical service employees.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Kessler, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page two, section ten-b, line twelve, by striking out the word "medical";
On page three, section ten-b, line sixteen, after the word "provider" by inserting the words "or a state agency or political subdivision thereof";
On page three, section ten-b, line twenty-one, by striking out the word "medical";
On page three, section ten-b, line thirty-one, by striking out the word "medical";
On page four, section ten-b, line forty-two, by striking out the word "medical";
And,
On page five, section ten-b, line sixty-two, by striking out the word "medical".
The bill (Com. Sub. for S. B. No. 215), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 339, Correcting invalid code reference related to voter registration list.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 388, Specifying number of members on municipal planning commissions.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Bowman, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page six, after section three, by adding the following:
ARTICLE 8. BOARD OF ZONING APPEALS.
§8A-8-3. Municipal board of zoning appeals.
(a) A municipal board of zoning appeals in a Class I, II or III city shall have five members to be appointed by the governing body of the municipality. A municipal board of zoning appeals in a Class IV town or village shall have three members to be appointed by the governing body of the municipality.
(b) The members of a municipal board of zoning appeals must be:
(1) Residents of the municipality for at least three years preceding his or her appointment;
(2) Cannot be a member of the municipal planning commission; and
(3) Cannot hold any other elective or appointive office in the municipal government.
(c) Upon the creation of a board of zoning appeals, the members shall be appointed for the following terms: One for a term of one year; two for a term of two years; and two for a term of three years. The terms shall expire on the first day of January of the first, second and third year, respectively, following their appointment. Thereafter, members shall serve three-year terms. If a vacancy occurs, the governing body of the municipality shall appoint a member for the unexpired term.
(d) The governing body of the municipality may appoint up to three additional members to serve as alternate members of the municipal board of zoning appeals. The alternate members must meet the same eligibility requirements as set out in subsection (b) of this section. The term for an alternate member is three years. The governing body of the municipality may appoint alternate members on a staggered term schedule.
(e) An alternate member shall serve on the board when one of the regular members is unable to serve. The alternate member shall serve until a final determination is made in the matter to which the alternate member was initially called on to serve.
(f) The municipal board of zoning appeals shall establish rules and procedures for designating an alternate member. An alternate member shall have the same powers and duties of a regular board member.
(g) The members and alternate members of a county board of zoning appeals shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.;
And,
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §8A-2-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §8A-8-3 of said code be amended and reenacted, all to read as follows:.
The bill (S. B. No. 388), as amended, was then ordered to engrossment and third reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Jenkins.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, February 2, 2010, at 11 a.m.
____________

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