Senate Daily Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

FIFTIETH DAY

____________

Charleston, W. Va., Wednesday, February 29, 2012

The Senate met at 11 a.m.

(Senator Kessler, Mr. President, in the Chair.)

Prayer was offered by Pastor Brandon Hudson, Youth Pastor, Twin City Bible Church, Nitro, West Virginia.

Pending the reading of the Journal of Tuesday, February 28, 2012,

On motion of Senator Browning, the Journal was approved and the further reading thereof dispensed with.

At the request of Senator Unger, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant Jeff Y. J. Liu, Executive Officer, Consular Division, Taipei Economic and Cultural Representative Office in the U. S., and Bob L. J. Chen, Deputy Director, Consular Division, Taipei Economic and Cultural Representative Office in the U. S., privileges of the floor for the day.

The Senate proceeded to the second order of business and the introduction of guests.

The Senate then proceeded to the third order of business.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

Com. Sub. for Senate Concurrent Resolution No. 16, Requesting DOH name bridge in Wetzel County "Ralph Ice Bridge”.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

Senate Concurrent Resolution No. 20, Requesting DOH name portion of Wayne County Rt. 35 "Crum Brothers Memorial Highway.

A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 4030--A Bill to amend and reenact §50-3-2a of the Code of West Virginia, 1931, as amended, relating to prioritizing the partial payment of costs, fines, fees, forfeitures, restitution, penalties or other costs imposed in a magistrate court in civil and criminal matters.

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

A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2012, and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 4068--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-1C-5c, relating to the valuation of antique motor vehicles and classic motor vehicles for purposes of ad valorem property taxes.

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

A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 4257--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-2-6a, relating to voter registration for members of the armed services, Merchant Marines, persons who, by reason of employment or study, resides temporarily outside of the United States, and their spouses or dependents.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. House Bill No. 4274--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 regulated consumer lender licensees; authorizing the commissioner to impose a fine or penalty upon a licensee for violation of chapter forty-six-a or chapter thirty-one-a of this Code or any other law or rule that the Division of Banking is authorized to enforce that is applicable to regulated consumer lenders; and providing for an administrative hearing to contest a fine or penalty.

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

A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2012, and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 4281--A Bill to amend and reenact §15-2-5 of the Code fo West Virginia, 1931, as amended, relating to the supplemental pay of members of the West Virginia State Police.

Referred to the Committee on Finance.

A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 4332--A Bill to amend and reenact §16-5V-9 of the Code of West Virginia, 1931, as amended, relating to transfer of service credit from Public Employees Retirement System to Emergency Medical Services Retirement System.

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

A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 4351--A Bill to amend and reenact §15-5B-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §15-5B-6; to amend said code by adding thereto two new sections, designated §22A-1-13a and 22A-1-40; to amend and reenact §22A-1-4, §22A-1-14 and §22A-1-21 of said code; to amend said code by adding thereto a new article, designated §22A-1A-1, §22A-1A-2, §22A-1A-3 and §22A-1A-4; to amend said code by adding thereto a new section, designated §22A-2-43a; to amend and reenact §22A-2-2, §22A-2-12, §22A-2-16, §22A-2-20, §22A-2-24, §22A-2-43, §22A-2-55 and §22A-2-66 of said code; to amend said code by adding thereto two new sections, designated §22A-6-13 and §22A-6-14; to amend and reenact §22A-6-4 of said code; to amend said code by adding thereto a new section, designated §22A-7-5a; to amend and reenact §22A-7-5 of said code; and to amend said code by adding thereto a new section, designated §22A-12-1, all relating to mine safety, generally; requiring coal mine operators to provide reports to and notify certain entities in the event of an emergency; establishing a mine safety anonymous tip hotline; exempting information provided to the hotline from the Freedom of Information Act; permitting the Director of the Office of Miners’ Health, Safety and Training to share information regarding certification suspensions or revocations with other states and to promulgate certain legislative rules; requiring a study be conducted regarding mine inspector qualifications, compensation, training and inspections; creating a criminal offense and establishing criminal penalties for providing advance notice of an inspection or an inspector’s presence at a mine; increasing civil and criminal penalties; allowing inspectors investigate impaired miners; creating a criminal penalty for willful violation of mine safety laws of rules causing fatality; providing confidentiality of certain meetings relating to violations and mining accidents; excepting certain statements from release under freedom of information act; providing conditions relating to statements to director; allowing designation of certain persons by miner family members to attend interviews and hearings in certain circumstances and providing limitations thereto; providing that Director to prepare list of persons to assist families following accidents; providing for suspension of mining certificates in certain circumstances; requiring coal mining operators to implement substance abuse screening policy and program for certain persons; providing procedures and minimum requirements of substance abuse screening policy and program; requiring substance abuse screening upon preemployment, rehiring or transfer of miner; requiring coal mine operators to notify the Director of the Office of Miners’ Health, Safety and Training of failed screening tests and certain screening policy violations; allowing operator policies to be more restrictive than minimum statutory requirements; requiring substance abuse screening of all persons in safety sensitive positions; requiring immediate suspension of miner certificates as a result of suspensions or revocations for substance abuse in other jurisdictions and reciprocity; providing procedure for board of appeals hearings on certification suspensions and judicial review of board decisions; providing exemptions from and exceptions to the disclosure of substance abuse screening results; proving rule-making on thresholds and other protocols and requirements; providing internal effective date; revising procedure for approval, review, comment and enforcement of mine ventilation plans; increasing the number of days an apprentice must work within sight and sound of mine foreman or experienced miner; authorizing additional training when conduct creating hazardous condition at mine; requiring methane detectors be maintained in accordance with manufacturer specifications; requiring periodic review copies of fire boss books by the mining superintendent or senior person at the mine, and duties thereto; directing director to proscribe fire boss book; revising examination and reporting requirements relating to certain shift inspections; increasing the percentage of rock dust to be maintained in coal mines and providing certain information upon request; prescribing actions required to detect and respond to excess methane gas levels in coal mines; establishing new safety levels and testing requirements relating to methane and providing for rules relating thereto; prescribing requirements for persons to operate or repair mining machinery; providing for increased training regarding the use of self-contained self-rescue devices; providing additional notification by coal mine operators in the event of an accident; allowing reduction of civil penalties when mitigating circumstances exist; authorizing board to conduct investigation in accidents resulting in a fatality; requiring study of and report on the safety of working or traveling in bleeder or gob areas of certain coal mines; requiring studies of expanding certification and mandatory substance abuse program and authorizing emergency rule-making by the Board and Director relating thereto; directing additional education for certain miners rights and protections; requiring study of and report on education, training and examination associated with certifying miners; and requiring a study and report on enforcement procedures.

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

A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. House Bill No. 4357--A Bill to amend and reenact §47-11B-9 of the Code of West Virginia, 1931, as amended, relating to the bond required for closing-out sales, fire sales and defunct business sales.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 4392--A Bill to amend and reenact §50-1-3, §50-1-8, §50-1-9 and §50-1-9a, of the Code of West Virginia, 1931, as amended, all relating to generally to the magistrate court system; providing compensation for magistrates, magistrate assistants, magistrate court clerks and magistrate court deputy clerks; and authorizing judges to appoint magistrate court clerks in certain circumstances.

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

A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 4475--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13CC-1, §11-13CC-2, §11-13CC-3, §11-13CC-4, §11-13CC-5 and §11-13CC-6, all relating to providing a tax credit for persons who graduate with a bachelor’s or graduate degree in the area of science, technology, engineering, mathematics, nursing or teaching from any regionally accredited in-state or out-of-state higher education institution or any regionally accredited in-state community and technical college and who thereafter continue to reside in this state.

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

A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 4488--A Bill to amend and reenact §7-1-1 and §7-1-1a of the Code of West Virginia, 1931, as amended, all relating to county commissions; reforming, altering or modifying a county commission; providing an option for the election of additional commissioners to a county commission; setting forth examples of county commissions; providing an option for the election of county council members by magisterial district; and removing the "county administrator - county commission" option of county government as duplicative of the "county manager" option.

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

A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 4645--A Bill to amend and reenact §18B-2A-1 of the Code of West Virginia, 1931, as amended, relating to eligibility requirements for state institution of higher education boards of governors.

Referred to the Committee on Education.

A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. House Bill No. 4648--A Bill to amend and reenact §48-27-301 of the Code of West Virginia, 1931, as amended; and to amend and reenact §51-2A-2 of said code, all relating to authorizing the Supreme Court of Appeals to utilize current judicial officers and resources to establish and implement a domestic violence court pilot project.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of

House Concurrent Resolution No. 84--Requesting the Division of Highways to name bridge number 8-15/4-7.10 in Widen, Clay County, West Virginia, the “First Lieutenant Charles (Chuck) Barrett II Memorial Bridge”.

Referred to the Committee on Transportation and Infrastructure.

Executive Communications

The Clerk then presented a communication from His Excellency, the Governor, advising that on February 28, 2012, he had approved Enr. Committee Substitute for Committee Substitute for Senate Bill No. 343.

The Senate proceeded to the fourth order of business.

Senator Tucker, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 28th day of February, 2012, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

(S. B. No. 30), Providing additional means to notify DMV of purchase of junked vehicle.

Respectfully submitted,

Gregory A. Tucker,

Chair, Senate Committee.

Meshea L. Poore,

Chair, House Committee.

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. 51, Requesting DOH name bridge in Man, Logan County, "Cox Joe Gollie Memorial Bridge".

And reports back a committee substitute for same as follows:

Com. Sub. for Senate Concurrent Resolution No. 51 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name bridge number 23-11/3-0.09 on Route 80 in Man, Logan County, West Virginia, the “Cox Joe Gollie Memorial Bridge”.

Whereas, Mr. Joe Gollie was born on April 10, 1924, to Bruno and Pricie (May) Gollie in Mingo County, West Virginia; and

Whereas, Mr. Joe Gollie spent most of his life in Logan County, residing and attending schools in Man, West Virginia; and

Whereas, Mr. Gollie entered the U. S. Navy on August 4, 1942, serving as an armed guard and, throughout his service, participating in the Pacific, the European and the North African theaters of operation; and

Whereas, While in the United States Navy, Mr. Joe Gollie achieved the rank of Coxswain (Cox) and was an E-4 Boatswain’s Mate; and

Whereas, Mr. Gollie, in 1944, was a sailor on the U. S. Armed Merchant Vessel S. S. Andrew G. Curtain when it was sunk in action by a German submarine on January 26, 1944, while on Murmansk Run in the North Atlantic Ocean; and

Whereas, During the sinking of the S. S. Andrew G. Curtain, Mr. Gollie abandoned ship in the cold waters of the North Atlantic and was picked up by the HMS Inconstant which took him to Vaenga, Russia, on January 28, 1944; and

Whereas, After being transported by ship to Vaenga, Russia, Mr. Gollie was taken by tugboat to Murmansk, Russia, on January 29, 1944; and

Whereas, The S. S. Phillip Livingston took Mr. Gollie from Murmansk, Russia, to Gourock, Scotland, arriving on March 13, 1944, and, from here, Mr. Gollie boarded the S. S. Albert C. Ritchie on April 1, 1944, arriving in New York on April 3, 1944; and

Whereas, Following his return to the states in April, 1944, Mr. Gollie served on the U. S. Armed Merchant Vessel S. S. William Webb and the U. S. Armed Merchant Vessel S. S. Charles Wilson Peale; and

Whereas, Coxswain Joe Gollie received an honorable discharge from the United States Navy in 1945; and

Whereas, Mr. Gollie was awarded several medals for his service to our state, nation and world including the American Campaign Medal, the Asiatic Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal with Bronze Star, the Good Conduct Medal and the World War II Victory Medal; and

Whereas, When not engaged in protecting our nation, our lives and our values, Mr. Gollie continued to serve his state and his country as a lifelong coal miner in Logan County, West Virginia, marrying Mildred Frances Montgomery and having two children, Joseph S. Gollie and Sheila Rene (Combs) Gollie; and

Whereas, Mr. Joe Gollie served his country and his state with honor and distinction and ready to give the ultimate sacrifice if need be; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 23-11/3-0.09 on Route 80 in Man, Logan County, West Virginia, the “Cox Joe Gollie Memorial Bridge”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Cox Joe Gollie Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, to Mr. Gollie’s children, Joseph S. Gollie of Danville, West Virginia, and Shelia Rene (Combs) Gollie of Man, West Virginia, and to the Daniel Boone VFW Post 5578.

With the recommendation that the committee substitute be adopted.

Respectfully submitted,

Robert D. Beach,

Chair.

The Senate proceeded to the sixth order of business.

Senators Browning, Foster, Chafin, Unger, Plymale, Stollings, Jenkins and Kessler (Mr. President) offered the following resolution:

Senate Resolution No. 46--Affirming the sister-state relationship the State of West Virginia has with the Taiwan Province of the Republic of China.

Whereas, August 4, 2012, will mark the 32nd anniversary of a sister-state relationship between West Virginia and Taiwan; and

Whereas, For the past 32 years, the sister-state relationship with Taiwan has been strengthened through the efforts of the Taipei Economic and Cultural Representative Office resulting in better mutual understanding; and

Whereas, The Republic of China (Taiwan), with a population of 23 million, has endeavored to improve cross-Strait relations since President Ma Ying-Jeou came to power in 2008, and it is encouraging that seven rounds of talks have been held and 16 agreements have been signed between Taiwan and mainland China; and

Whereas, The cross-Strait Economic Cooperation Framework Agreement, signed on June 29, 2010, can serve as an effective platform for cross-Strait interactions and contribute to normalization of trade and economic relations between Taiwan and mainland China; and

Whereas, The UN’s World Health Organization invited Taiwan to attend the World Health Assembly in the past 3 years as an observer, setting precedents for Taiwan’s meaningful participation in the UN’s specialized agencies; and

Whereas, Taiwan’s absence from the international organizations dealing with climate change like the United Nations Framework Convention on Climate Change has impeded Taiwan’s ability to respond to natural disasters; and

Whereas, Aviation safety is a global issue that requires all members of the global community to take part in the ICAO in order to best serve the interests of every passenger; and

Whereas, The Taoyuan International Airport is a key transport hub in the Asia-Pacific region, ranked the world’s 15th largest by cargo volume in 2008, and 365,000 Americans traveled to Taiwan for business and leisure during 2009; and

Whereas, Given Taiwan’s prominent role in regional air control and transport services, it would be beneficial for Taiwan to safeguard the traveling of passengers from home and abroad; therefore, be it

Resolved by the Senate:

That the Senate hereby affirms the sister-state relationship the State of West Virginia has with the Taiwan Province of the Republic of China; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of the Taiwan Province of the Republic of China.

At the request of Senator Browning, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

On motion of Senator Unger, the Senate recessed for one minute.

Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.

Senate Concurrent Resolution No. 53, Requesting Joint Committee on Government and Finance study drivers' license suspensions.

On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary; and then to the Committee on Rules.

The Senate proceeded to the eighth order of business.

Eng. Com. Sub. for Senate Bill No. 51, Denying certain spousal support upon DNA evidence of adultery.

On third reading, coming up in regular order, was read a third time and put upon its passage.

On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 51) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 149, Relating to disposition of forfeited or abandoned firearms in state custody.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 149) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 153, Increasing tax credits for apprenticeship training in construction trades.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 153) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Senate Bill No. 337, Relating to powers and duties of Commissioner of Banking.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 337) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 342, Relating generally to criminal justice system.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 342) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 362, Authorizing bond issuance for Cacapon Resort State Park and Beech Fork State Park capital improvements.

On third reading, coming up in regular order, was read a third time and put upon its passage.

On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

The nays were: Sypolt--1.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 362) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Senate Bill No. 424, Exempting certain barbers from continuing education requirement.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 424) passed with its title.

Senator Unger moved that the bill take effect July 1, 2012.

On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 424) takes effect July 1, 2012.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Finance Com. Sub. for Senate Bill No. 437, Relating generally to substance abuse.

On third reading, coming up in regular order, was read a third time and put upon its passage.

Pending discussion,

The question being “Shall Engrossed Finance Committee Substitute for Senate Bill No. 437 pass?”

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Finance Com. Sub. for S. B. No. 437) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Thereafter, at the request of Senator Wells, and by unanimous consent, the remarks by Senator Foster regarding the passage of Engrossed Finance Committee Substitute for Senate Bill No. 437 were ordered printed in the Appendix to the Journal.

Eng. Com. Sub. for Senate Bill No. 487, Creating Coalbed Methane Gas Distribution Fund.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 487) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Senate Bill No. 490, Criminalizing trademark counterfeiting.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 490) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 517, Including community beautification and reclamation programs in authorized community corrections programs.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 517) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Com. Sub. for Senate Bill No. 552, Creating WV Land Stewardship Corporation Act.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 552) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 562, Establishing DEP procedure for biologic component compliance of narrative water quality standard.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 562) passed.

On motion of Senator Klempa, the following amendment to the title of the bill was reported by the Clerk and adopted:

Eng. Com. Sub. for Senate Bill No. 562--A Bill to amend and reenact §22-11-7b of the Code of West Virginia, 1931, as amended, relating to establishing a public policy for narrative water quality standards; establishing a procedure to determine compliance with the biologic component of the narrative water quality standard; clarifying rule-making authority; and allowing an affected water intake owner to waive the one-half mile zone requirement contained in water quality standards established by the Department of Environmental Protection.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 576, Changing school personnel termination, resignation, retirement, transfer and rehiring deadlines.

On third reading, coming up in regular order, was reported by the Clerk.

At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

Com. Sub. for Senate Bill No. 599, Relating to insurance claims for automobile glass replacement or repair services.

On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 28, 2012, for amendments to be received on third reading, was reported by the Clerk.

There being no amendments offered,

The bill was ordered to engrossment.

Engrossed Committee Substitute for Senate Bill No. 599 was then read a third time and put upon its passage.

On the passage of the bill, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--30.

The nays were: Barnes, K. Facemyer, Hall and Nohe--4.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 599) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Senate Bill No. 605, Limiting landowners' liability for military, law-enforcement or homeland defense training purposes.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 605) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 608, Authorizing use of search warrant to draw blood from DUI suspect.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 608) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 611, Developing special community-based pilot demonstration project to improve at-risk youth outcomes.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 611) passed.

On motion of Senator Barnes, the following amendment to the title of the bill was reported by the Clerk and adopted:

Eng. Com. Sub. for Senate Bill No. 611--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-21-1, §18-21-2, §18-21-3 and §18-21-4, all relating to developing a special community-based pilot demonstration project to help at-risk youth in West Virginia; defining “at risk”; creating a Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth in West Virginia; permitting the Secretary of the West Virginia Department of Health and Human Resources to select a community-based organization to establish a Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth if funds are available; setting forth duties and goals of the community-based organization; requiring the secretary and the director of the community-based organization to make status reports to the Legislature; and setting forth other duties of the Department of Health and Human Resources.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 615, Conforming WV Water Pollution Control Act with federal Clean Water Act.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 615) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 618, Relating to municipal and magistrate courts' notification to DMV of violator's failure to pay or appear.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 618) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Senate Bill No. 619, Relating to annual business fees and reports due Secretary of State.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 619) passed with its title.

Senator Unger moved that the bill take effect July 1, 2012.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 619) takes effect July 1, 2012.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Com. Sub. for Com. Sub. for Senate Bill No. 624, Relating generally to use of alternative-fuel motor vehicles.

On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 28, 2012, for amendments to be received on third reading, was reported by the Clerk.

On motion of Senator Plymale, the following amendment to the bill was reported by the Clerk:

By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 6D. ALTERNATIVE-FUEL MOTOR VEHICLES TAX CREDIT.

§11-6D-10. Transfer or sale of credit.

(a) For purposes of this article and notwithstanding any provision in the code to the contrary, a governmental entity and a nonprofit entity constitute a “taxpayer” as that term is defined in section two of this article and are entitled to take and transfer tax credits which are provided for in this article. Any entity may transfer and sell the right to a tax credit issued pursuant to this article for liquefied natural gas vehicles, compressed natural gas vehicles, natural gas hydrocarbon and derivative vehicles and qualified alternative-fuel vehicle refueling infrastructure to any taxpayer, subject to the following conditions:

(1) A single transfer or sale may involve one or more transferees, assignees or purchasers. A transfer or sale of the credits may involve multiple transfers to one or more transferees, assignees or purchasers.

(2) Transferors and sellers shall apply to the tax department for approval of any transfer, sale or assignment of the tax credit. Any amount of the tax credit that has been transferred or assigned is subject to the same limitations and conditions that apply to transferor’s or seller’s entitlement, use and application of the credit. The application for sale, transfer or assignment of the credit shall include the transferor’s tax credit balance prior to transfer, if any, the name of the seller, the transferor’s remaining tax credit balance after transfer, if any, all tax identification numbers for both transferor, if any, and transferee, the date of transfer, the amount transferred and any other information required by the Tax Commissioner. The Tax Commissioner shall either approve or disapprove the application for sale, transfer or assignment of the tax credit within thirty days of receipt of the application. In the event the Tax Commissioner denies the application for sale, transfer or assignment of the tax credit, the Tax Commissioner shall provide the reason for such denial: Provided, That, the total amount of tax credits authorized to be transferred in any one calendar year in the aggregate shall not exceed $1 million.

(3) The Tax Commissioner may not approve the transfer or assignment of a tax credit to a taxpayer if the seller or transferor has an outstanding tax obligation with the state of West Virginia.

(b) The transferee, assignee or purchaser shall apply the tax credits as required by this article and is subject to all conditions and limitations of this article.

(c) For purposes of this section, any proceeds received by the transferor for its assignment or sale of the tax credits allowed pursuant to this section are exempt from the West Virginia consumers sales and service tax and use tax and from the corporation net income tax and personal income tax.

(d) The purpose of this section is to authorize any entity to take and transfer tax credits provided in this article, and specifically allow government entities and nonprofit entities to utilize certain tax credits issued pursuant to this article.

ARTICLE 14C. MOTOR FUEL EXCISE TAX.

§11-14C-5a. Collection of motor fuel excises taxes when compressed natural gas, liquified natural gas or natural gas hydrocarbon and derivative used as motor fuel; expiration date.

(a) Beginning July 1, 2012, in lieu of the motor fuels excise taxes levied by section five of this article, there is hereby levied a flat tax of $100 per year on liquified natural gas (LNG), compressed natural gas (CNG) and natural gas hydrocarbon and derivative used as motor fuel in each passenger automobile or motorcycle, and in each pickup truck or van not exceeding one (1) ton in capacity, using liquefied natural gas (LNG), compressed natural gas (CNG) or natural gas hydrocarbon and derivative as motor fuel, except that no tax shall be levied on any vehicle owned or leased by an entity that is exempt from tax pursuant to subdivisions (1) through (6), subsection (c), section nine of this article.

(b) Beginning July 1, 2012, in lieu of the motor fuel excise taxes imposed by section five or this article, there is hereby levied a flat tax on liquified natural gas (LNG), compressed natural gas (CNG) and natural gas hydrocarbon and derivative used as motor fuel in a vehicle equal to $150 per year for each motor vehicle exceeding one (1) ton in capacity, using liquified natural gas (LNG), compressed natural gas (CNG) or natural gas hydrocarbon and derivative as motor fuel, except that no tax shall be levied on any vehicle owned or leased by an entity that is exempt from tax pursuant to subdivisions (1) through (6), subsection (c), section nine of this article.

(c) The one-year period provided for in subsections (a) and (b) of this section shall begin on the first day of July of the calendar year and expire at the end of the day that is the thirtieth day of June of the next calendar year.

(d) Payment of the taxes levied by this section shall be evidenced by a decal issued by the Tax Commissioner, which decal shall be affixed to the lower right-hand corner of the windshield of the vehicle. The decal shall be of a design prescribed by the Tax Commissioner, shall be of a different color for each year of the five-year period for which decals may be issued pursuant to this section and shall meet any other specification reasonably required by the Tax Commissioner.

(e) Every person owning or operating a vehicle using liquefied natural gas, compressed natural gas or natural gas hydrocarbon and derivative, except as otherwise provided in subsections (a) and (b) of this section, shall make an annual application for and obtain a decal to be issued on a yearly basis by the Tax Commissioner. The application shall be in a form prescribed by the Tax Commissioner that is available at the website of the State Tax Department.

(f) Every person who makes application for and receives a decal under this section shall, at the time of making the application, remit to the Tax Commission the total amount of the tax due.

(g) Upon receipt of satisfactory proof by the Tax Commissioner that it has become necessary to replace the windshield of the vehicle for which the decal was issued, another decal shall be issued by the Tax Commissioner as a replacement for a fee of $5.

(h) When any vehicle using liquefied natural gas, compressed natural gas or natural gas hydrocarbon and derivative as motor fuel and displaying a current decal as provided in this section, is sold or ownership is otherwise transferred, the decal shall remain with the vehicle sold or otherwise transferred, unless the equipment installed to enable the vehicle to use liquefied petroleum gas, liquefied natural gas, compressed natural gas or natural gas hydrocarbon and derivative has been removed from the vehicle before the sale or other transfer of ownership.

(i) When the equipment that allows the vehicle to use liquefied natural gas, compressed natural gas or natural gas hydrocarbon and derivative as motor fuel is removed before the sale or other transfer of the vehicle, the seller or other transferor of the vehicle shall also remove the decal required of vehicles using liquefied natural gas, compressed natural gas or natural gas hydrocarbon and derivative as motor fuel. The removed decal, a receipt from the Tax Commissioner showing that the fee required has been paid for the current year, and the payment of a $5 fee for duplicate decal shall entitle the seller or other transferor to make application for and obtain a new decal to be used for the remainder of the year on any vehicle of the seller or other transferor using liquefied natural gas, compressed natural gas or natural gas hydrocarbon and derivative as motor fuel in accordance with the provisions of this section.

(j) All funds derived from the taxes, fees and money penalties imposed by this section shall be deposited in the State Road Fund.

(k) When any person fails to obtain a current decal within thirty days of the date the decal is required as provided in this section, there shall become due and payable a money penalty of $50 in addition to the required fee. Collections of this money penalty shall be deposited in the State Road Fund.

(l) This section shall expire and be of no further effect on July 1, 2017, unless this date is extended by the Legislature.

Senator Browning arose to a point of order that the amendment offered by Senator Plymale to the bill (Com. Sub. for Com. Sub. for S. B. No. 624) was not germane.

Which point of order, the President ruled not well taken.

At the request of Senator Unger, unanimous consent being granted, further consideration of the bill and Senator Plymale’s pending amendment was deferred until the conclusion of bills on today’s third reading calendar.

Eng. Com. Sub. for Senate Bill No. 628, Allowing fund-raising for state executive party headquarters.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 628) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 634, Authorizing certain municipalities impose limited special public safety assessment fee.

On third reading, coming up in regular order, was read a third time and put upon its passage.

On the passage of the bill, the yeas were: Beach, Browning, Chafin, Edgell, Fanning, Foster, Green, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Stollings, Tucker, Wells, Williams, Wills, Yost and Kessler (Mr. President)--25.

The nays were: Barnes, Boley, D. Facemire, K. Facemyer, Hall, Nohe, Snyder, Sypolt and Unger--9.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 634) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Senate Bill No. 637, Relating to maintenance of voter registration lists and records.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 637) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 643, Revising administrative forfeiture procedures for certain property involved in controlled substances trafficking.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 643) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 647, Providing Boards of Medicine, Dental Examiners and Osteopathy initiate disciplinary proceedings related to controlled substance monitoring program data.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 647) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 649, Relating to nonintoxicating beer distributor licensees.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 649) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 659, Requiring criminal background checks for certain persons conducting state business.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 659) passed.

On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:

Eng. Com. Sub. for Senate Bill No. 659--A Bill to amend and reenact §15-2D-3 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the Director of the Division of Protective Services; requiring the director to require certain employees of service providers with the state to submit to a criminal background check under certain circumstances; requiring certain service providers provide employee names to comply with provisions of this section; requiring a clause in future contracts to give the state powers to prohibit certain persons from certain activities based on the results of the background check; defining “service provider”; and designating the Director of the Division of Protective Services as the person to whom criminal background check information is released.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Senate Bill No. 671, Imposing consumers sales tax on utility terrain vehicles; exemption.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 671) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Senate Bill No. 675, Creating transfer on death deed.

On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 28, 2012, for amendments to be received on third reading, was reported by the Clerk.

On motion of Senator Tucker, the following amendment to the bill was reported by the Clerk and adopted:

By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 16. TRANSFER ON DEATH DEED.

§37-16-1. Definitions.

As used in this article, unless the context clearly indicates otherwise:

(1) “Survivorship tenancy” means an ownership of real property or any interest in real property by two or more persons that is created by executing a deed pursuant to West Virginia law;

(2) “Survivorship tenant” means one of the owners of real property or any interest in real property in a survivorship tenancy;

(3) “Transfer on death designation affidavit” or “affidavit” means an affidavit executed under this article; and

(4) “Transfer on death beneficiary” or “transfer on death beneficiaries” means the beneficiary or beneficiaries designated in a transfer on death designation affidavit.

§37-16-2. Transfer on death beneficiary affidavit.

(a) Any individual who, under West Virginia Code or the common law of this state, owns real property or any interest in real property as a sole owner, as a tenant in common, or as a survivorship tenant, may designate the entire interest, or any specified part that is less than the entire interest, in that real property as transferable on death to a designated beneficiary or beneficiaries by executing, together with the individual’s spouse, if any, a transfer on death designation affidavit consistent with the requirements of this article. The designation of a transfer on death beneficiary has no effect on the present ownership of real property, and a person designated as a transfer on death beneficiary has no interest in the real property until the death of the owner of the interest.

(b) Any transfer on death of real property or of an interest in real property that results from a transfer on death designation affidavit designating a transfer on death beneficiary is not testamentary. That transfer on death shall supersede any attempted testate or intestate transfer of that real property or interest in real property. If the affidavit is executed, pursuant to this article, by an individual together with the individual’s spouse, if any, the rights of the spouse are subordinate to the vesting of title to the interest in the real property in the transfer on death beneficiary or beneficiaries designated under this article.

(c) A fee simple title or any fractional interest in a fee simple title may be subjected to a transfer on death designation affidavit. The affidavit shall include, at a minimum:

(1) A description of the real property the title to which is affected by the affidavit and a reference to an instrument of record containing that description;

(2) A statement designating one or more persons, identified by name, as transfer on death beneficiary or beneficiaries;

(3) A statement by the individual executing the affidavit that the individual is the person appearing on the record of the real property as the owner of the real property or interest in the real property at the time of the recording of the affidavit and the marital status of that owner. If the owner is married, the affidavit shall include a statement by the owner’s spouse stating that the spouse’s rights are subordinate to the vesting of title to the real property or interest in the real property in the transfer on death beneficiary or beneficiaries designated in the affidavit; and

(4) If less than the entire interest in the real property is to be transferred on death under the affidavit, a statement of the specific interest or part of the interest in the real property that is to be so transferred.

(5) A statement by the individual executing the affidavit that all beneficiaries and contingent beneficiaries, if any, have been notified that the affidavit will be filed and that if they do not act pursuant to this article to finalize the transfer before the filing of the appraisement of the estate, West Virginia Form ET 6.01, then the interest of the deceased owner may be distributed as part of the probate estate of the deceased owner of the interest and the beneficiaries may lose all right to the property.

(d) A transfer on death designation affidavit may contain a designation of one or more persons as contingent transfer on death beneficiaries, who shall take the interest of the deceased owner that would otherwise have passed to the transfer on death beneficiary if that named transfer on death beneficiary does not survive the deceased owner or is not in existence on the date of death of the deceased owner. Persons designated as contingent transfer on death beneficiaries shall be identified in the affidavit by name.

(e) Any transfer on death beneficiary or contingent transfer on death beneficiary may be a natural or legal person, including, but not limited to, a bank as trustee of a trust, except that if two or more transfer on death beneficiaries are designated as survivorship tenants, all of those beneficiaries shall be natural persons and if two or more contingent transfer on death beneficiaries are designated as survivorship tenants, all of those contingent beneficiaries shall be natural persons. A natural person who is designated a transfer on death beneficiary or contingent transfer on death beneficiary solely in that natural person’s capacity as a trustee of a trust is not considered a natural person for purposes of designating the transfer on death beneficiaries or contingent transfer on death beneficiaries as survivorship tenants.

(f) The affidavit shall meet all the requirements of this article and be recorded in the office of the clerk of the county commission in the county in which the real property is located, and, when so recorded, the affidavit or a certified copy of the affidavit shall be evidence of the transfer on death beneficiary or beneficiaries so designated in the affidavit insofar as the affidavit affects title to the real property.

§37-16-3. Verification required.

A transfer on death designation affidavit shall be verified before a notary public or any other person authorized to administer oaths.

§37-16-4. Recordation.

The county commission of the county in which a transfer on death designation affidavit is offered for recording shall receive the affidavit and cause it to be recorded in the same manner as deeds are recorded. The county commission shall collect a fee for recording the affidavit in the same amount as the fee for recording deeds. The county commission shall index the affidavit in the name of the owner of record of the real property or interest in the real property who executed the affidavit.

In order to be effective, the affidavit shall be recorded with the county commission as described in this article prior to the death of the individual who executed the affidavit.

§37-16-5. Consideration not required; revocation without consent.

A transfer on death designation affidavit need not be supported by consideration and need not be delivered to the transfer on death beneficiary or beneficiaries designated in the affidavit to be effective.

The designation in a transfer on death designation affidavit of any transfer on death beneficiary may be revoked or changed at any time, without the consent of that transfer on death beneficiary, by the owner of the interest or by the surviving survivorship tenants of the interest, by executing and recording, prior to the death of the owner of the interest or of the surviving survivorship tenants of the interest, as the case may be, a new transfer on death designation affidavit stating the revocation or change in the designation. The new transfer on death designation affidavit shall automatically supersede and revoke all prior recorded transfer on death designation affidavits with respect to the real property or the interest in real property identified in the new affidavit, provided that the prior recorded affidavit was executed before the later recorded affidavit.

§37-16-6. Transfer at death.

(a) Transfer under a transfer on death designation affidavit must follow this section. First, the type of ownership interest must be evaluated and the affidavit shall be treated as follows:

(1) If an individual who owns real property or an interest in real property as a sole owner or as a tenant in common executes a transfer on death designation affidavit, upon the death of that individual, title to the real property or interest in the real property specified in the affidavit vests in the transfer on death beneficiary or beneficiaries designated in the affidavit, subject to the other requirements in this article.

(2) If an individual who owns real property or an interest in real property as a survivorship tenant executes a transfer on death designation affidavit, upon the death of that individual or of one but not all of the surviving survivorship tenants, title to the real property or interest in the real property specified in the affidavit vests in the surviving survivorship tenant or tenants. Upon the death of the last surviving survivorship tenant, title to the real property or interest in the real property vests in the transfer on death beneficiary or beneficiaries designated in the last surviving survivorship tenant’s affidavit, if any, subject to the other requirements in this article.

(b) Transfer then occurs as follows and subject to the following conditions:

(1) An interest of a deceased owner shall be transferred to the transfer on death beneficiaries who are identified in the affidavit by name and who survive the deceased owner or that are in existence on the date of the deceased owner’s death. If there is a designation of more than one transfer on death beneficiary, the beneficiaries shall take title to the interest in equal shares as tenants in common, unless the deceased owner has specifically designated other than equal shares or has designated that the beneficiaries take title as survivorship tenants.

(2) If a transfer on death beneficiary does not survive the deceased owner or is not in existence on the date of the deceased owner’s death, and the deceased owner has designated one or more persons as contingent transfer on death beneficiaries, the designated contingent transfer on death beneficiaries shall take the same interest that would have passed to the transfer on death beneficiary had that transfer on death beneficiary survived the deceased owner or been in existence on the date of the deceased owner’s death.

(3) If none of the designated transfer on death beneficiaries survives the deceased owner or is in existence on the date of the deceased owner’s death and no contingent transfer on death beneficiaries have been designated or have survived the deceased owner, or are in existence on the date of death of the deceased owner, the interest of the deceased owner shall be distributed as part of the probate estate of the deceased owner of the interest.

(4) If there are two or more transfer on death beneficiaries and the deceased owner has designated that title to the interest in the real property be taken by those beneficiaries as survivorship tenants, no designated contingent transfer on death beneficiaries shall take title to the interest unless none of the transfer on death beneficiaries survives the deceased owner on the date of death of the deceased owner.

(5) If the owners hold title to the interest in a survivorship tenancy, the death of all except the last survivorship tenant automatically terminates and nullifies any transfer on death beneficiary designations made solely by the deceased survivorship tenant or tenants without joinder by the last surviving survivorship tenant. The termination or nullification of any transfer on death beneficiary designations is effective as of the date of death of a deceased survivorship tenant. No affirmative act of revocation is required of the last surviving survivorship tenant for the termination or nullification of the transfer on death beneficiary designations to occur. If the last surviving survivorship tenant dies with no transfer on death beneficiary designation, the entire interest of that last surviving survivorship tenant shall be distributed as part of the last surviving survivorship tenant’s probate estate.

(6) A transfer on death beneficiary takes only the interest that the deceased owner or owners of the interest held on the date of death, subject to all encumbrances, reservations, exceptions and any previously created life estate or other similar estate in land. No rights of any lien holder, including, but not limited to, any deed of trust, judgment creditor or mechanic’s lien holder, shall be affected by the designation of a transfer on death beneficiary. If any lien holder takes action to enforce the lien, by foreclosure or otherwise through a court proceeding, it is not necessary to join any transfer on death beneficiary whose interest has not vested as a party defendant in the action, unless the transfer on death beneficiary has another interest in the real property.

(c) Upon the death of an individual who executed a transfer on death affidavit, the transfer of a deceased owner’s real property or interest in real property as designated in a transfer on death affidavit shall be recorded by presenting to the clerk of the county commission of the county in which the real property is located and filing with that county an affidavit of confirmation executed by any transfer on death beneficiary to whom the transfer is made. The affidavit of confirmation shall be filed no later than the filing of the appraisement of the estate, West Virginia Form ET 6.01. If the affidavit of confirmation is not filed before the filing of the appraisement of the state, West Virginia Form ET 6.01, then the executor or administrator of the estate shall send notice to the then-living named beneficiaries or contingent beneficiaries, if any, by certified mail stating that they have thirty days from the date of postage to file an affidavit of confirmation or the interest will be distributed as part of the probate estate. If an affidavit of confirmation is not filed within thirty days of the date of postage of the notice required in the preceding sentence, then the interest of the deceased owner shall be distributed as part of the probate estate of the deceased owner of the interest. Any affidavit of confirmation shall be verified before a notary public or other person authorized to administer oaths and shall be accompanied by a certified copy of the death certificate for the deceased owner. The affidavit of confirmation shall contain all of the following information:

(1) The name and address of each transfer on death beneficiary who survived the deceased owner or that is in existence on the date of death of the deceased owner. If a named beneficiary was designated as a transfer on death beneficiary solely in that person’s capacity as a trustee of a trust and that trustee subsequently has been replaced by a successor trustee, the affidavit of confirmation shall include the name and address of the successor trustee and shall be accompanied by a copy of a recorded successor trustee affidavit;

(2) The date of death of the deceased owner;

(3) A description of the subject real property or interest in real property; and

(4) The name of each transfer on death beneficiary who has not survived the deceased owner or that is not in existence on the date of death of the deceased owner.

(d) The affidavit of confirmation shall be accompanied by a certified copy of the death certificate for each transfer on death beneficiary who has not survived the deceased owner.

(e) The clerk of the county commission shall make an index reference in the record of deeds to any affidavit of confirmation filed with the county commission pursuant to this section.

§37-16-7. Named beneficiary must survive to be effective.

Upon the death of any individual who owns real property or an interest in real property that is subject to a transfer on death beneficiary designation made under a transfer on death designation affidavit as provided in this article, that real property or interest in real property of the deceased owner shall be transferred to the transfer on death beneficiary or beneficiaries who are identified in the affidavit by name and who survive the deceased owner or that are in existence on the date of death of the deceased owner. If no such beneficiary survives, the real property or interest in real property of the deceased owner shall be transferred to the contingent transfer on death beneficiary or beneficiaries, if any, who are identified in the affidavit by name and who survive the deceased owner or that are in existence on the date of death of the deceased owner. If no beneficiaries or contingent beneficiaries survive the deceased owner, then the interest of the deceased owner shall be distributed as part of the probate estate of the deceased owner of the interest.

§37-16-8. Special beneficiary determination for named trustee.

For purposes of this article, if a natural or legal person designated by name in the affidavit as a transfer on death beneficiary or as a contingent transfer on death beneficiary solely in that person’s capacity as a trustee of a trust has died, has resigned or otherwise has been replaced by a successor trustee of the trust on the date of death of the deceased owner, the successor trustee of the trust shall be considered the transfer on death beneficiary or contingent transfer on death beneficiary in existence on the date of death of the deceased owner in full compliance with this article, notwithstanding that the successor trustee is not named as a transfer on death beneficiary or contingent transfer on death beneficiary in the affidavit.

§37-16-9. Liberally construed.

Any transfer on death designation affidavit containing language that shows a clear intent to designate a transfer on death beneficiary shall be liberally construed to do so. Any survivorship clause in a deed recorded before or after the effective date of this statute in an office of the clerk of a county commission that attempts to create a right of survivorship tenancy, but otherwise fails, and shows a clear intent to designate a beneficiary to receive the property upon death of one or more co-tenants by survivorship shall be liberally construed to be an effective affidavit under this statute.

The execution and recording of a transfer on death designation affidavit shall be effective to terminate the designation of a transfer on death beneficiary in a transfer on death deed involving the same real property or interest in real property and recorded prior to the effective date of this section.

§37-16-10. Criminal penalties for falsifying an affidavit.

Any person who knowingly and intentionally makes any false statement in any affidavit required by this article is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail for not more than one year, or both fined and confined.

The bill, as just amended, was ordered to engrossment.

Engrossed Senate Bill No. 675 was then read a third time and put upon its passage.

On this question, the yeas were: Beach, Klempa, Palumbo, Prezioso, Snyder, Wells and Kessler (Mr. President)--7.

The nays were: Barnes, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Laird, McCabe, Miller, Minard, Nohe, Plymale, Stollings, Sypolt, Tucker, Unger, Williams, Wills and Yost--27.

Absent: None.

So, a majority of all the members present and voting not having voted in the affirmative, the President declared the bill (Eng. S. B. No. 675) rejected.

Eng. Senate Bill No. 676, Extending grant funding application date for Chesapeake Bay watershed compliance projects.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 676) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 676) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

The end of today’s third reading calendar having been reached, the Senate returned to the consideration of

Com. Sub. for Com. Sub. for Senate Bill No. 624, Relating generally to use of alternative-fuel motor vehicles.

On third reading, coming up in deferred order, with Senator Plymale’s amendment to the bill pending, and with the right having been granted on yesterday, Tuesday, February 28, 2012, for amendments to be received on third reading, was again reported by the Clerk.

At the request of Senator Plymale, and by unanimous consent, Senator Plymale’s amendment to the bill (shown in the Senate Journal of today pages 36 to 42, inclusive) was withdrawn.

On motion of Senator Plymale, the following substitute amendment to the bill was reported by the Clerk:

By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 6D. ALTERNATIVE-FUEL MOTOR VEHICLES TAX CREDIT.

§11-6D-10. Transfer or sale of credit.

(2) Transferors and sellers shall apply to the tax department for approval of any transfer, sale or assignment of the tax credit. Any amount of the tax credit that has been transferred or assigned is subject to the same limitations and conditions that apply to transferor’s or seller’s entitlement, use and application of the credit. The application for sale, transfer or assignment of the credit shall include the transferor’s tax credit balance prior to transfer, if any, the name of the seller, the transferor’s remaining tax credit balance after transfer, if any, all tax identification numbers for both transferor, if any, and transferee, the date of transfer, the amount transferred and any other information required by the Tax Commissioner. The Tax Commissioner shall either approve or disapprove the application for sale, transfer or assignment of the tax credit within thirty days of receipt of the application. In the event the Tax Commissioner denies the application for sale, transfer or assignment of the tax credit, the Tax Commissioner shall provide the reason for such denial: Provided, That, the total amount of tax credits authorized to be transferred by governmental entities and nonprofit entities in any one calendar year in the aggregate shall not exceed $1 million.

(3) The Tax Commissioner may not approve the transfer or assignment of a tax credit to a taxpayer if the seller or transferor has an outstanding tax obligation with the state of West Virginia.

(b) The transferee, assignee or purchaser shall apply the tax credits as required by this article and is subject to all conditions and limitations of this article.

ARTICLE 14C. MOTOR FUEL EXCISE TAX.

§11-14C-5a. Collection of motor fuel excises taxes when compressed natural gas, liquified natural gas or natural gas hydrocarbon and derivative used as motor fuel; expiration date.

(f) Every person who makes application for and receives a decal under this section shall, at the time of making the application, remit to the Tax Commission the total amount of the tax due.

(j) All funds derived from the taxes, fees and money penalties imposed by this section shall be deposited in the State Road Fund.

(l) This section shall expire and be of no further effect on July 1, 2017, unless this date is extended by the Legislature.

Following discussion,

The question being on the adoption of Senator Plymale’s amendment to the bill (Com. Sub. for Com. Sub. for S. B. No. 624), the same was put.

The result of the voice vote being inconclusive, Senator McCabe demanded a division of the vote.

A standing vote being taken, there were nineteen “yeas” and thirteen “nays”.

Whereupon, the President declared Senator Plymale’s amendment to the bill adopted.

Thereafter, at the request of Senator Wells, and by unanimous consent, the remarks by Senator McCabe regarding the adoption of Senator Plymale’s amendment to the bill (Com. Sub. for Com. Sub. for S. B. No. 624) were ordered printed in the Appendix to the Journal.

The bill, as just amended, was ordered to engrossment.

Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 624 was then read a third time and put upon its passage.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 624) passed.

On motion of Senator Plymale, the following amendment to the title of the bill was reported by the Clerk and adopted:

Eng. Com. Sub. for Com. Sub. for Senate Bill No. 624--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-6D-10; and to amend said code by adding thereto a new section, designated §11-14C-5a, all relating generally to use of alternative-fuel motor vehicles; permitting transfer of tax credits for purchase of alternative-fuel vehicles, conversion to an alternative-fuel vehicle or construction of alternative-fuel vehicle infrastructure; providing method of collection of motor fuel excise taxes when liquified natural gas, compressed natural gas or natural gas hydrocarbon and derivative are used as motor fuel; and specifying expiration date.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

The Senate proceeded to the ninth order of business.

Com. Sub. for Senate Bill No. 135, Considering military training, experience and education toward professional or occupational licensure qualifications.

On second reading, coming up in regular order, was reported by the Clerk.

On motion of Senator Unger, the bill was recommitted to the Committee on Government Organization.

Eng. Com. Sub. for House Bill No. 4037, Relating to the professional and occupational licensure and registration of former and current members of the Armed Forces of the United States.

On second reading, coming up in regular order, was read a second time and ordered to third reading.

Eng. House Bill No. 4583, Changing certain deadlines associated with the termination, resignation and transfer of school personnel.

On second reading, coming up in regular order, was read a second time.

On motion of Senator Plymale, the following amendment to the bill was reported by the Clerk and adopted:

By striking out everything after the enacting section and inserting in lieu thereof the provisions of Engrossed Committee Substitute for Senate Bill No. 576.

The bill (Eng. H. B. No. 4583), as amended, was then ordered to third reading.

The Senate proceeded to the twelfth order of business.

Remarks were made by Senator Kirkendoll.

The Senate then proceeded to the thirteenth order of business.

At the request of Senator Plymale, unanimous consent being granted, it was ordered that the Journal show had Senator Plymale been present in the chamber on Friday, February 24, 2012, he would have voted “yea” on the passage of Engrossed Senate Bill No. 496, Engrossed Committee Substitute for Senate Bill No. 551, Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 564, Engrossed Committee Substitute for Senate Bill No. 566, Engrossed Senate Bill No. 575, Engrossed Senate Bill No. 673, Engrossed House Bill No. 4087, Engrossed House Bill No. 4415 and Engrossed House Bill No. 4493.

Pending announcement of meetings of standing committees of the Senate,

On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, March 1, 2012, at 11 a.m.

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