sdj-1st day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
FIRST DAY
____________

Charleston, W. Va., Wednesday, January 11, 2006

Pursuant to section eighteen, article six of the Constitution of the State of West Virginia, which prescribes that the Legislature shall convene annually on the second Wednesday in January, the Senate assembled in its chamber in the state capitol in the City of Charleston, West Virginia, on this eleventh day of January, two thousand six, for the second annual sixty-day session of the seventy-seventh Legislature, and at 12 o'clock Noon was called to order by the President, the Honorable Earl Ray Tomblin.
Prayer was offered by the Reverend Lee McDermott, First Presbyterian Church, Logan, West Virginia.
On the call of the roll, the following answered to their names:
Senators Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President).
Thirty-three members having answered to their names, the President declared the presence of a quorum.
The Senate proceeded to the second order of business and the introduction of guests.
Senator Chafin then offered the following resolution:
Senate Resolution No. 1--Raising a committee to notify the House of Delegates that the Senate has assembled in regular session.
Resolved by the Senate:
That a committee of three be appointed by the President to inform the House of Delegates that the Senate has assembled in regular sixty-day session, with a quorum present, and is ready to proceed with the business of this regular session.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such committee, the following:
Senators Foster, Jenkins and Harrison.
Subsequently, Senator Foster reported that the committee had performed the duty assigned to it.
The first message this session from the House of Delegates, by
Delegates Perdue, Longstreth and Leggett, announced that the House of Delegates has assembled, with a quorum present, and is ready to proceed with the business of this second regular session of the seventy-seventh Legislature.
Senator Chafin offered the following resolution:
Senate Resolution No. 2--Providing for the appointment of a committee to inform the Governor that the Legislature has assembled in regular session.
Resolved by the Senate:
That a committee of three on the part of the Senate be appointed by the President, to join with a similar committee on the part of the House of Delegates, to notify His Excellency, the Governor, that the Legislature has assembled in regular sixty-day session, with a quorum of each house present, and is ready to receive any communication or message that he may desire to present.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such committee, the following:
Senators Sharpe, Fanning and Boley.
A message from the House of Delegates, by
Delegates Ennis, Houston and Romine, announced that the Speaker had appointed them a committee of three to join with a similar committee on the part of the Senate under the provisions of Senate Resolution No. 2 to wait upon the Governor. Senate and House members of this select committee then proceeded to the executive offices.
Subsequently, Senator Sharpe reported that the joint Senate and House committee had performed the duty assigned to it.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and joint resolutions were introduced, read by their titles, and referred to the appropriate committees:
By Senators Bailey, Sharpe and Minard:
Senate Bill No. 1--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-6-31, relating to making the destruction of a landlord's property which has been rented for residential purposes a criminal offense; providing that damage greater than three hundred dollars but less than one thousand dollars constitutes a misdemeanor; providing that damage greater than one thousand dollars constitutes a felony; providing that tenants who leave trash when vacating a premises may be guilty of a misdemeanor if it costs more than one hundred dollars to remove it; providing that damage deposits be used to offset ascertainment of value of damage; providing for the determination of prima facie evidence under certain circumstances; providing that tenants or others in privity of contract with landlords or lessors have a duty to report damage not caused by themselves; and providing a criminal penalty for failure to report the damage under certain circumstances.
Referred to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 2--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2-16, relating to prohibiting local boards of health from requiring smoke-free areas; allowing requirement of signs designating smoking and nonsmoking areas under certain circumstances; and giving the Governor the authority to allow or prohibit smoking in governmental buildings.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Bailey and Love:
Senate Bill No. 3--A Bill to amend and reenact §50-2-1 of the Code of West Virginia, 1931, as amended, relating to giving magistrates the authority to perform marriages; and allowing magistrates to charge up to fifty dollars for performing a marriage.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 4--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C- 7-14, relating to traffic regulations; prohibiting driving in the passing lane of a highway where the speed limit is sixty-five miles per hour or more unless passing other vehicles, turning left or unless the volume of traffic does not permit the vehicle to safely merge into the nonpassing lane; and providing a misdemeanor penalty for violations.
Referred to the Committee on Transportation and Infrastructure.
By Senators Bailey, Sharpe, Minard, Hunter and Unger:
Senate Bill No. 5--A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as amended, relating to exempting one motor vehicle owned by a resident of this state on active duty in the United States military from ad valorem taxes for any taxable year the person is on active duty.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 6--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16- 13A-8a, relating to requiring public service districts to comply with roadside construction posting and safety standards; providing penalties for violations; and requiring public service district boards to ensure compliance.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.
By Senators Bailey, Sharpe, Minard and Hunter:
Senate Bill No. 7--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29- 29-1, §29-29-2, §29-29-3, §29-29-4, §29-29-5 and §29-29-6, all relating to state flood protection planning; providing legislative findings; defining terms; establishing the State Flood Protection Planning Council and authorizing certain duties; establishing State Flood Protection Planning Advisory Committee and setting forth its duties; and establishing a Joint Legislative Oversight Commission on Flooding.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators White and Hunter:
Senate Bill No. 8--A Bill to amend and reenact §18-2-34 of the Code of West Virginia, 1931, as amended, relating to providing that veterans who serve during times of war or armed conflict prior to completing high school may receive their high school diploma under certain conditions.
Referred to the Committee on Military; and then to the Committee on Education.
By Senators White and McCabe:
Senate Bill No. 9--A Bill to amend and reenact §18B-2A-1 of the Code of West Virginia, 1931, as amended, relating to adding the President of West Virginia University Institute of Technology to the Institutional Board of Governors at West Virginia University.
Referred to the Committee on Education.
By Senators Minear and Hunter:
Senate Bill No. 10--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-15a; and to amend said code by adding thereto a new section, designated §11-24-11b, all relating to personal income and corporation net income tax credits; and allowing a credit against a taxpayer's tax liability for contributions to community foundations.
Referred to the Committee on Finance.
By Senators Yoder and Barnes:
Senate Bill No. 11--A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to adding one circuit court judge to the twenty-third judicial circuit.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Guills, Yoder, Barnes and Foster:
Senate Bill No. 12--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C- 14-3, relating to prohibiting use of a handheld cell phone while driving; providing exceptions; providing a penalty for violations; and providing that points may not be assessed against the driver's license for a violation.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Yoder, Guills, Caruth, Foster and Unger:
Senate Bill No. 13--A Bill to amend and reenact §7-10-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §9-6- 9 of said code; to amend said code by adding thereto a new section, designated §9-6-9a; to amend and reenact §48-27-702 of said code; to amend and reenact §49-6A-2 of said code; and to amend said code by adding thereto a new section, designated §49-6A-2b, all relating to requiring cross-reporting among child protective service workers, adult protective service workers, law-enforcement officers and humane officers of suspected child abuse or neglect, suspected abuse or neglect of incapacitated or elderly adults, suspected animal cruelty or inhumane treatment or suspected domestic violence; and providing penalties.
Referred to the Committee on the Judiciary.
By Senators Edgell and Hunter:
Senate Bill No. 14--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18- 9A-15a, relating to allocations to counties with low enrollment for capacity building; and providing a process for allocations to school districts with low enrollment.
Referred to the Committee on Education.
By Senators Edgell, White, Minard and Love:
Senate Bill No. 15--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6, §19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12, §19-9B-13, §19-9B-14, §19-9B-15, §19-9B-16, §19-9B-17, §19-9B-18, §19-9B-19, §19-9B-20, §19-9B-21, §19-9B-22 and §19-9B-23, all relating to regulating the possession and sale of domestic and exotic animals; creating animal health safety control board and technical advisory committee; duties; rulemaking; jurisdiction of member agencies; bonding requirements; requiring pet shop registration; requiring recordkeeping; requiring possession permit to keep certain animals; permitting requirements; exemptions; establishing care and treatment requirements; requiring insurance; authorizing inspections; seizing and quarantining animals; and establishing penalties and fees.
Referred to the Committee on Agriculture; and then to the Committee on Natural Resources.
By Senators Plymale and Minard:
Senate Bill No. 16--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-3-9a, relating generally to payment in lieu of property tax agreements; prescribing uniform minimum reporting and content requirements for payment in lieu of property tax agreements; requiring that agreements be filed in county clerk's office and with chief inspector and Secretary of Tax and Revenue and updated annually; requiring that local levying bodies approve payment in lieu of property tax agreements; permitting chief inspector to specify content of agreement and summaries by procedural rules; specifying method for allocation and distribution of payments in lieu of property taxes, whether payment is received in money or other property; specifying how in lieu of property tax payments received by a board of education are treated for purpose of state school aid formula; defining certain terms; specifying when and how these rules apply and exempting certain agreements from their application; and providing effective dates.
Referred to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 17--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11- 13W-1, §11-13W-2, §11-13W-3, §11-13W-4, §11-13W-5, §1-13W-6, §11- 13W-7, §11-13W-8 and §11-13W-9, all relating to establishing a railroad track maintenance tax credit for expenditure by railroads for maintaining and repairing railroad tracks in West Virginia.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Bailey, Dempsey, Sharpe, Minard, Hunter and Love:
Senate Bill No. 18--A Bill to amend and reenact §18B-10-7 of the Code of West Virginia, 1931, as amended, relating to granting tuition waivers to the children and spouses of parole and probation officers killed in the line of duty.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Bailey, Dempsey, Minard, Hunter and Love:
Senate Bill No. 19--A Bill to amend and reenact §18-2-8a of the Code of West Virginia, 1931, as amended, relating to mandating an orientation program in firearms and firearm safety in public schools; and specifying course requirements.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Bailey and Minard:
Senate Bill No. 20--A Bill to amend and reenact §29-3-12 of the Code of West Virginia, 1931, as amended, relating to prohibiting a municipality from closing a fire department without advance approval of the State Fire Marshal; and providing that the office of the State Fire Marshal retain the proceeds from the sale of specialized vehicles purchased by that office.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 21--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-29, relating to dissolving the Division of Personnel and the Civil Service System; and providing that the various agencies, divisions and departments of government are responsible for their own personnel matters.
Referred to the Committee on Government Organization; then to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Hunter and White:
Senate Bill No. 22--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to providing a nonrefundable earned income tax credit from the state personal income tax for certain taxpayers with qualifying children.
Referred to the Committee on Finance.
By Senators Plymale, Chafin, Jenkins and Facemyer:
Senate Bill No. 23--A Bill to establish the Western West Virginia Highway Authority to include representatives from Cabell, Mason, Jackson, Putnam and Wayne counties; appointment of officers; and powers of authority.
Referred to the Committee on Transportation and Infrastructure; then to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 24--A Bill to amend and reenact §60-3A-17 of the Code of West Virginia, 1931, as amended, relating to the sale of liquor generally; and increasing the percentage a liquor retail licensee may charge the general public and licensed clubs to one hundred twenty percent of cost.
Referred to the Committee on Finance.
By Senators Bailey, Dempsey, Sharpe and Minard:
Senate Bill No. 25--A Bill to amend and reenact §18-5-4 of the Code of West Virginia, 1931, as amended, relating to providing that members of county boards of education are paid eighty-five dollars per day and expenses for time spent in mandatory education.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Bailey, Hunter and Foster:
Senate Bill No. 26--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-16F-1, §33-16F-2, §33-16F-3, §33-16F-4, §33-16F-5 and §33-16F-6, all relating to requiring health insurance plans to cover the cost of smoking cessation services for covered persons.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 27--A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931, as amended, relating to requiring legislative approval by concurrent resolution before a road, highway or bridge may receive a memorial designation.
Referred to the Committee on Transportation and Infrastructure.
By Senators Weeks, Dempsey, Sharpe and Guills:
Senate Bill No. 28--A Bill to amend and reenact §16-2F-3 of the Code of West Virginia, 1931, as amended, relating to requiring a physician to receive written consent from at least one parent or legal guardian before an abortion is performed on an unemancipated minor.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Weeks:
Senate Bill No. 29--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-30, relating to allowing pharmacists and other individuals involved in dispensing medicines to refuse to fill prescriptions or dispense any substance that can be used as an abortifacient or that can be used as part of an abortion-related procedure; providing employee protection; and providing criminal penalty.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Weeks:
Senate Bill No. 30--A Bill to amend and reenact §16-39-4 of the Code of West Virginia, 1931, as amended, relating to prohibiting discrimination or retaliation against a health care worker who refuses to participate in treatment of a patient based upon good faith belief that the treatment is contrary to religious or moral beliefs or conscience of the health care worker.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Weeks:
Senate Bill No. 31--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61- 2-31, relating to creating a new crime of "involuntary manslaughter by a caregiver"; and establishing a penalty and statute of limitations for such crime.
Referred to the Committee on the Judiciary.
By Senators Hunter, White, Dempsey, Sharpe, Minard and Love:
Senate Bill No. 32--A Bill to amend and reenact §18-19-1, §18- 19-2 and §18-19-3 of the Code of West Virginia, 1931, as amended, all relating to amending the use and eligibility requirements for the educational opportunities benefit for certain children of those who have died as a result of certain military service; increasing the limit on allocations to those eligible children; clarifying eligibility for the allocation and the tuition waiver for children attending private, out-of-state and state education or training institutions; and the effect of the allocation and tuition waiver on other scholarships and grants.
Referred to the Committee on Military; and then to the Committee on Education.
By Senator Hunter:
Senate Bill No. 33--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20- 2-46n, relating to establishing a primitive weapons deer season; and providing for the issuance of a primitive weapons deer hunting license.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 34--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16- 3E-1, §16-3E-2, §16-3E-3, §16-3E-4 and §16-3E-5, all relating to voluntary control and prevention of infections in hospitals, ambulatory surgical centers and other health care facilities generally; setting forth legislative findings and purposes; defining certain terms; providing for the appointment of the Infection Control Advisory Panel; and providing for the responsibilities and functions of the advisory panel.
Referred to the Committee on Health and Human Resources.
By Senator Kessler:
Senate Bill No. 35--A Bill to amend and reenact §33-25D-2 of the Code of West Virginia, 1931, as amended, relating to including a clinic-based health care option under the definition of a "limited health service".
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Plymale, Dempsey, Sharpe and Minard:
Senate Bill No. 36--A Bill to repeal §18-9A-8a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-9A-27, relating to changing the method for determining the amount of funding for regional education service agencies.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Weeks:
Senate Bill No. 37--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5-20a, relating to requiring the collection of statistics relative to abortions performed in the state.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Foster and Minard:
Senate Bill No. 38--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-24a; and to amend and reenact §61-7-4 of said code, all relating to requiring the collection of fees by the State Police for performing adult private employment fingerprinting or fingerprinting for federal firearm permits; and increasing fees to be paid to the Superintendent of the State Police prior to issuance of a concealed weapons permit.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Weeks:
Senate Bill No. 39--A Bill to amend and reenact §18A-4-7b of the Code of West Virginia, 1931, as amended, relating to placing a limit of ten years on the amount of time that a teacher who returns to work after terminating employment may retain his or her accrued seniority.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Weeks:
Senate Bill No. 40--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-19-3a, relating to prohibiting the use of the body of an unborn baby for any medical experimentation or scientific investigation except as necessary to diagnose a disease or condition suspected to exist in the mother's or fetus's body; and prescribing criminal penalties for violation.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 41--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16- 5U-1, §16-5U-2, §16-5U-3, §16-5U-4, §16-5U-5, §16-5U-6 and §16-5U- 7, all relating to establishing the Health Care Rights of Conscience Act.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 42--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-8- 5g, relating to maintaining campaign financial records; setting forth timelines for maintaining records; and related penalties.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 43--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11- 28-1, §11-28-2, §11-28-3, §11-28-4, §11-28-5, §11-28-6, §11-28-7, §11-28-8, §11-28-9, §11-28-10, §11-28-11, §11-28-12, §11-28-13 and §11-28-14, all relating to authorizing county commissions to impose a recreation and amusement tax; requiring approval by voters; providing legislative findings; specifying maximum rate of tax; calculation of tax; taxable events, fees, services and sales; accounting and reporting by vendor; exempted fees, services and sales; collection and recordkeeping by county sheriffs; and dedication of funds.
Referred to the Committee on Government Organization; and then to Committee on Finance.
By Senators Hunter, Dempsey, Minard, Love and Unger:
Senate Bill No. 44--A Bill to amend and reenact §17A-10-3a of the Code of West Virginia, 1931, as amended, relating to exempting antique motor vehicles and motorcycles and classic motor vehicles and motorcycles from registration fees.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Hunter and White:
Senate Bill No. 45--A Bill to amend and reenact §30-10-4 of the Code of West Virginia, 1931, as amended, relating to veterinarians generally; setting forth responsibilities of the board to support low-cost animal spay and neuter programs; and providing for waivers of rules for veterinarians providing low-cost animal spay and neuter services in mobile vans.
Referred to the Committee on Agriculture.
By Senators Caruth, Barnes and Guills:
Senate Bill No. 46--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33- 42-9, relating to requiring that every woman seeking an abortion be given the opportunity to see an ultrasound image of the fetus; prescribing a criminal penalty for violations of said section; and providing that nothing in said section can be construed as approving of abortion.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Prezioso, White and Foster:
Senate Bill No. 47--A Bill to amend and reenact §8A-11-1 of the Code of West Virginia, 1931, as amended, relating to prohibiting local ordinances from discriminating against factory-built housing.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Foster and McCabe:
Senate Bill No. 48--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33- 6-37, relating to creating the Physicians Lien Act; effect of lien; records of physician; priority of lien; and exclusion of health insurance benefits.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Hunter, Dempsey and Sharpe:
Senate Bill No. 49--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18- 5-9c, relating to allowing a county board of education to enter into a lease-purchase agreement for land, buildings and equipment; and allowing a county board entering into a lease-purchase agreement to borrow funds from the Department of Education and the School Building Authority to make a one-time payment due at the beginning of the lease term for the purpose of reducing the annual lease payments.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Caruth, Barnes and Guills:
Senate Bill No. 50--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-9- 4, relating to attendance of officers and employees at official meetings of the municipal governing body or committees thereof which require the presence of a quorum for the conduct of business.
Referred to the Committee on Government Organization.
By Senators Kessler and Hunter:
Senate Bill No. 51--A Bill to amend and reenact §48-25-101 of the Code of West Virginia, 1931, as amended, relating to eliminating the one-year residency requirement for filing a name change for certain persons who have previously lived in this state longer than anywhere else, but who have moved to another state and have not yet established residency in the other state.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 52--A Bill to amend and reenact §11-1C-2 of the Code of West Virginia, 1931, as amended, relating to natural resources tax; and limiting managed timberland for purposes of preferential tax reduction for total acreage of less than one thousand acres per county owned by either one corporation or one person or if more than one person, then owned indivision.
Referred to the Committee on Finance.
By Senators Hunter, Dempsey and Unger:
Senate Bill No. 53--A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to changing the required ratio of school nurses in each county from one nurse per every one thousand five hundred students in kindergarten through seventh grade to one nurse per every seven hundred fifty students in preschool through twelfth grade.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Prezioso, White, Dempsey, Hunter, Foster and Unger:
Senate Bill No. 54--A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to requiring county boards of education to employ one full-time school nurse for every one thousand five hundred students in kindergarten through the twelfth grade.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Dempsey:
Senate Bill No. 55--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2B-5, relating to prohibiting any person who is not a physician licensed to practice in this state from performing an abortion; and providing a penalty for same.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 56--A Bill to amend and reenact §32A-3-1 and §32A-3-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §32A-4- 1, §32A-4-2, §32A-4-3, §32A-4-4, §32A-4-5, §32A-4-6, §32A-4-7, §32A-4-8, §32A-4-9, §32A-4-10, §32A-4-11, §32A-4-12, §32A-4-13, §32A-4-14, §32A-4-15, §32A-4-16, §32A-4-17, §32A-4-18, §32A-4-19, §32A-4-20, §32A-4-21, §32A-4-22, §32A-4-23, §32A-4-24, §32A-4-25, §32A-4-26, §32A-4-27, §32A-4-28, §32A-4-29 and §32A-4-30, all relating to establishing the Deferred Deposit Loan Act; short title; and definitions.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 57--A Bill to amend and reenact §17C-3-5 of the Code of West Virginia, 1931, as amended, relating to allowing a county commission or municipality to request the Commissioner of Highways to designate and operate, during certain times, a traffic control signal as a flashing signal.
Referred to the Committee on Transportation and Infrastructure.
By Senators Hunter, Dempsey, Sharpe and Minard:
Senate Bill No. 58--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to calculation of West Virginia adjusted gross income for personal income tax purposes; and subtracting social security benefits from federal adjusted gross income to the extent included in federal gross income for federal income tax purposes.
Referred to the Committee on Finance.
By Senators Hunter, Dempsey and Sharpe:
Senate Bill No. 59--A Bill to amend and reenact §19-1B-6 of the Code of West Virginia, 1931, as amended, relating to timbering operations and notification of duration of such operations; and providing verification of notice to adjoining landowners by certified mail.
Referred to the Committee on Natural Resources.
By Senators Dempsey and Hunter:
Senate Bill No. 60--A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as amended, relating to county boards of education generally; and providing that county boards of education shall disburse any surplus funds to supplement the salaries of teachers and service personnel.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 61--A Bill to amend and reenact §3-5-23 of the Code of West Virginia, 1931, as amended, relating to providing that the county clerk assist, upon request, the Secretary of State or circuit clerk in determining the validity of nominating certificates.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 62--A Bill to amend and reenact §11-1C-10 and §11-1C-11 of the Code of West Virginia, 1931, as amended, all relating to providing tax incentives to nonresidential owners of managed timberland to allow the general public to use the land for recreational purposes; and providing legislative findings.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Hunter and Minard:
Senate Bill No. 63--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-4-9, relating to requiring the Department of Health and Human Resources to develop in-state treatment facilities for children with special needs.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Hunter and Foster:
Senate Bill No. 64--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-7-1a, relating to permitting certain appointed and elected officers and employees of the state to waive their salaries; limiting the applicability of the waiver; setting forth methodology of waiver; and other provisions as to waiver of salary.
Referred to the Committee on the Judiciary.
By Senators Hunter, White, Dempsey, Sharpe, Jenkins, Unger and Weeks:
Senate Bill No. 65--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting all monetary benefits derived from military retirement from personal income tax obligations.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Hunter, Dempsey and Sharpe:
Senate Bill No. 66--A Bill to amend and reenact §5A-3-37 and §5A-3-37a of the Code of West Virginia, 1931, as amended, all relating to providing preference on bids for certain state and local government contracts to resident West Virginia vendors who qualify for veterans status.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senators Hunter, Dempsey and Weeks:
Senate Bill No. 67--A Bill to amend and reenact §16-22-3 of the Code of West Virginia, 1931, as amended, relating to expanding newborn testing to include sickle cell anemia.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Dempsey:
Senate Bill No. 68--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-14, relating to prohibiting school employees from counseling, referring, transporting or assisting any student in obtaining an abortion; and providing that nothing in said section may be construed as approving of abortion.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Foster, Dempsey, Sharpe, McCabe, McKenzie, Minear and Sprouse:
Senate Bill No. 69--A Bill to amend and reenact §8-22-22a of the Code of West Virginia, 1931, as amended, relating to restrictions on investments by municipal policemen's and firemen's pension and relief funds by increasing the amount which may be invested in equities.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Prezioso, Barnes, Dempsey, Sharpe, Caruth, Minard, Hunter, Foster, Unger, Bowman, Jenkins and White:
Senate Bill No. 70--A Bill to amend and reenact §5-16B-6 of the Code of West Virginia, 1931, as amended, relating to expanding coverage in the Children's Health Insurance Program up to three hundred percent of the federal poverty level.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators White and Hunter:
Senate Bill No. 71--A Bill to amend and reenact §25-5-1, §25-5-2, §25-5-4, §25-5-5, §25-5-8, §25-5-11, §25-5-12, §25-5-15, §25-5-19 and §25-5-20 of the Code of West Virginia, 1931, as amended, all relating to commercial prisons; setting forth legislative findings; requiring Commissioner of the Division of Corrections to develop certain plans; requiring the commissioner to annually make recommendations on whether to continue prison vendors' contracts; providing that the Secretary of the Department of Military Affairs and Public Safety may renew prison vendor contracts annually; providing for certain restrictions concerning offender characteristics relative to the kinds of offenders that may be incarcerated in commercial facilities; reducing the amount of time that a contractor has to abate a violation; prescribing the number of commissioner's representatives that may be employed at each commercial facility for monitoring purposes; increasing bonding requirements for contractors; requiring background checks for employees at commercial facilities; and requiring contractors to be responsible for certain costs.
Referred to the Committee on Government Organization; then to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Weeks:
Senate Bill No. 72--A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as amended, relating to adding a magistrate to those serving Raleigh County.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Foster, Jenkins and Sprouse:
Senate Bill No. 73--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16- 1-19, relating to a child's right to nurse.
Referred to the Committee on Health and Human Resources.
By Senator Foster:
Senate Bill No. 74--A Bill to amend and reenact §17A-3-4 of the Code of West Virginia, 1931, as amended, relating to registration of motor vehicles generally; exempting certain comparable new motor vehicles from the privilege tax; refunds to certain manufacturers; and retroactive application.
Referred to the Committee on Finance.
By Senators Foster, White and Love:
Senate Bill No. 75--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-9a, relating to prohibiting the sale of candy- or fruit- flavored cigarettes in this state.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Hunter, Minear, Minard and Unger:
Senate Bill No. 76--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §39A- 4-1, §39A-4-2, §39A-4-3, §39A-4-4 and §39A-4-5, all relating to card-not-present credit or debit transactions; defining terms; requiring merchant's access to terms of credit or debit card issuers' rules; limiting liability for fees; limiting merchant's liability for fees where credit or debit card issuer fails to assist merchant in investigating fraudulent transactions; limiting merchant's liability for fraudulent credit or debit transactions where bank fails to notify merchant of credit or debit chargeback within specified time; and limiting merchant's liability for card- not-present credit or debit transactions repudiated by customer.
Referred to the Committee on the Judiciary.
By Senator Facemyer:
Senate Bill No. 77--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-4C-14a, relating to authorizing emergency medical technicians to administer epinephrine to persons suffering from an allergy attack.
Referred to the Committee on Health and Human Resources.
By Senators Facemyer and Dempsey:
Senate Bill No. 78--A Bill to amend and reenact §16-9A-3 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for use or possession of tobacco or tobacco products by a person under eighteen years of age; increasing fines and community service requirements; and providing, upon a second offense, for revocation of the person's junior or graduated driver's license until eighteen years of age or, if the person does not yet have a driver's license, the person is ineligible to apply for any type of driver's license until eighteen years of age.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Facemyer:
Senate Bill No. 79--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-11d, relating to requiring itemized statements of services rendered to Medicaid recipients; directing the Department of Health and Human Resources to prescribe forms for itemized statements; and providing for verification of the accuracy of same or investigation by the Department of Health and Human Resources into discrepancies.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 80--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-6- 17, relating to public buildings; and encouraging public officials to prominently display the national motto on all public property, public buildings and all buildings designed, constructed and maintained with public funds from the state, a county or a municipality.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 81--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2b, relating to nationally recognized professional certification of professional personnel; creating the Equitable Compensation Act; and establishing a state minimum salary supplement for professional personnel holding a nationally recognized professional certification.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators McKenzie, Barnes, Foster, Jenkins, Yoder, Sprouse and Oliverio:
Senate Bill No. 82--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-25, relating to limiting the liability of physicians who render services without remuneration to indigent individuals in need of medical services.
Referred to the Committee on the Judiciary.
By Senator McKenzie:
Senate Bill No. 83--A Bill to amend and reenact §61-8-28 of the Code of West Virginia, 1931, as amended, relating to criminal invasion of privacy generally; adding the criminal offense of voyeurism where an individual has an expectation of privacy; providing misdemeanor penalties; providing an exception for law-enforcement and security surveillance; and limiting a criminal prosecution pursuant to said section to three years.
Referred to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 84--A Bill to amend and reenact §61-3-20 of the Code of West Virginia, 1931, as amended, relating to making embezzlement from a county, district, school district or municipal corporation a felony punishable by imprisonment for not less than ten years; and requiring that a special prosecutor be appointed when a county officer, agent, clerk or servant is accused of embezzlement.
Referred to the Committee on the Judiciary.
By Senator Caruth:
Senate Bill No. 85--A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-7-6a, all relating to deleting the provision allowing nonresidents licensed to carry handguns in another state to carry their concealed handguns in this state if their state has a reciprocal agreement with this state; providing, however, that such nonresidents may carry their guns if the other state grants the same right to residents of West Virginia; and requiring the Attorney General to verify which states confer the same rights.
Referred to the Committee on the Judiciary.
By Senators Caruth, Barnes, Dempsey, Guills, Minear, Hunter, Foster, Yoder, Unger, Prezioso and Oliverio:
Senate Bill No. 86--A Bill to amend and reenact §11-21-4e of the Code of West Virginia, 1931, as amended, relating to providing a reduction of the state personal income tax of members of volunteer fire departments who meet certain qualified service requirements.
Referred to the Committee on Finance.
By Senator Caruth:
Senate Bill No. 87--A Bill to amend and reenact §21-5-4 of the Code of West Virginia, 1931, as amended, relating to employee wages owed on termination of employment; and providing that liquidated damages for failure to pay a terminated employee wages owed may not exceed the amount of wages the person, firm or corporation failed to pay when due.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Prezioso and Hunter:
Senate Bill No. 88--A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to county boards of education; and requiring reimbursement for the full cost of providing school nurses from funds appropriated to the State Department of Education.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Dempsey:
Senate Bill No. 89--A Bill to amend and reenact §18A-2-9 of the Code of West Virginia, 1931, as amended, relating to hiring of assistant principals; and minimum employment terms for principals, assistant principals and secretaries.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators White, Dempsey and Minard:
Senate Bill No. 90--A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended, relating to granting higher incremental salary increases to Division of Corrections employees based on years of service.
Referred to the Committee on Finance.
By Senators Hunter, White, Chafin, Jenkins, McCabe, Foster, Fanning, Kessler, Barnes, Dempsey, Sharpe, Minard, Yoder, Weeks, Unger, Helmick, Facemyer, Love, Minear and Sprouse:
Senate Bill No. 91--A Bill to amend and reenact §54-1-2 of the Code of West Virginia, 1931, as amended, relating to prohibiting the State of West Virginia and its political subdivisions from exercising a right of eminent domain to take private property when the primary purpose of the taking is economic development that ultimately results in ownership or control of the property transferring to another private entity; and providing an exception which allows an urban renewal authority to exercise a right of eminent domain as to property designated a slum area or blighted area.
Referred to the Committee on Government Organization; then to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators McCabe and Foster:
Senate Bill No. 92--A Bill to amend and reenact §12-6-9c and §12-6-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §12-6- 18, all relating to investment powers of the Investment Management Board; removing certain requirements regarding investments in the securities of, or any interest in, any investment company or investment trust under the Investment Company Act of 1940; increasing the percentage of investments that may be made in equities and international securities; clarifying application of the prudent investor standard to limitations on certain types or amounts of investments; eliminating certain restrictions on the purchase of securities in a particular company, commercial paper and corporate debt and eliminating the requirement that a list of approved securities be maintained by the board; authorizing investments in alternative investments, subject to certain restrictions and limitations; and specifying that the investment powers of the board are to be broadly and liberally construed to permit the board to achieve its corporate purposes, consistent at all times with the prudent investor standard.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Hunter, White, Dempsey, Chafin, Unger and Jenkins:
Senate Bill No. 93--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26t, relating to increasing supplemental benefits to certain teacher retirement annuitants.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 94--A Bill to amend and reenact §24A-1-3 of the Code of West Virginia, 1931, as amended, relating to motor carriers; and providing certain exemptions for wrecker services.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Boley:
Senate Bill No. 95--A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended, relating to changing the time for periodic valuations and assessments of real and personal property; and providing for a three-percent cap on any increase in one year.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Fanning, Oliverio, Sharpe, Hunter and Barnes:
Senate Bill No. 96--A Bill to amend and reenact §20-7-4 of the Code of West Virginia, 1931, as amended, relating to law- enforcement powers and duties of conservation officers; procuring and executing arrest and search warrants on certain lands and waters; empowering conservation officers to stop and board vessels to conduct safety checks to ensure vessels are properly equipped and licensed; and making technical corrections.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senator Facemyer:
Senate Bill No. 97--A Bill to amend and reenact §5A-6-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5A-6-4a, all relating to requiring the Chief Technology Officer to maintain a central cross index repository of forms used by state agencies; definitions; and additional powers and duties of the Chief Technology Officer.
Referred to the Committee on Government Organization.
By Senators Facemyer, Dempsey, Sharpe, Guills, Hunter, Weeks, White, Unger, Minard, Jenkins, Sprouse, Sharpe, Minear, Yoder, Barnes, Prezioso, Fanning, Foster, Plymale and Bowman:
Senate Bill No. 98--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting all military retirement benefits derived from personal income tax.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senators Dempsey, Barnes, White, Helmick, Unger, Hunter, Minard, Sharpe, Chafin, Sprouse, Minear, Yoder, Deem, Jenkins, Fanning, Caruth and Weeks:
Senate Bill No. 99--A Bill to amend and reenact §18A-3-10 of the Code of West Virginia, 1931, as amended, relating to criminal history checks of applicants for licensure by the Department of Education; and providing for criminal history checks for people who are not employed by county boards of education but who work directly with children in grades kindergarten through twelve on school property with exceptions.
Referred to the Committee on Education; and then to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 100--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-21-22, relating to requiring the Supreme Court of Appeals to establish uniform procedures and criteria to be used by circuit judges in determining the circumstances under which the judges order repayment of the costs of representation provided under the Public Defender System.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 101--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-14, relating to the term of contract for a person hired as a coach in a county school system.
Referred to the Committee on Education.
By Senators Boley, Weeks, Minear and Deem:
Senate Bill No. 102--A Bill to amend and reenact §31A-8-12b of the Code of West Virginia, 1931, as amended, relating to prohibiting the installation and operation of customer bank communication terminals at limited licensed video gaming facilities.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Boley and Foster:
Senate Bill No. 103--A Bill to amend and reenact §18-22D-1, §18-22D-2, §18-22D-3, §18-22D-4, §18-22D-5, §18-22D-6, §18-22D-7, §18-22D-8 and §18-22D-9 of the Code of West Virginia, 1931, as amended, all relating to establishing the West Virginia Dollars for Scholars Program; providing low-cost loans to high school students with at least a "C" average who are attending an approved college or university in this state; and providing for forgiveness of loan when continuing West Virginia residency after graduation.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Fanning and Love:
Senate Bill No. 104--A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-15-4i; to amend said code by adding thereto a new section, designated §33-16-3s; to amend said code by adding thereto a new section, designated §33-24-7i; to amend said code by adding thereto a new section, designated §33-25-8g; and to amend said code by adding thereto a new section, designated §33-25A-8h, all relating to insurance coverage for acupuncture treatment generally; and providing insurance coverage under the Public Employees Insurance Act and certain other insurance policies for acupuncture treatment performed by a licensed acupuncturist.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 105--A Bill to amend and reenact §16-9A-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-5-2 of said code, all relating to granting municipal courts jurisdiction over juveniles who violate laws and ordinances relating to tobacco use.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Facemyer:
Senate Bill No. 106--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29A-8-1, §29A-8-2, §29A-8-3, §29A-8-4, §29A-8-5, §29A-8-6 and §29A-8-7, all relating to creation of the West Virginia Regulatory Flexibility Act; legislative purpose; definitions; analysis of cost to state filed with Legislative Auditor; issuing rules in two or more parts; provisions not to apply in case of emergency; and requiring agencies to review rules after enactment of said article.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 107--A Bill to amend and reenact §14-2-2 of the Code of West Virginia, 1931, as amended, relating to providing an exception to the requirement that actions in which the state is a party be brought in Kanawha County for suits involving motor vehicle accidents.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 108--A Bill to amend and reenact §3-4A-28 of the Code of West Virginia, 1931, as amended, relating to providing election materials, in addition to equipment, may be opened for purposes of canvass with the requirement that the materials must be resealed immediately after opening.
Referred to the Committee on the Judiciary.
By Senators Boley, Minear, Hunter, Unger, Helmick and Deem:
Senate Bill No. 109--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-54; and to amend said code by adding thereto a new section, designated §16-1-19, all relating to creating an Alzheimer's Caregiver Assistance Program to provide respite services for informal caregivers of individuals with Alzheimer's disease.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 110--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-65, relating to providing a single resident license for all hunting, fishing and trapping; and providing that one percent of the General Revenue Fund each fiscal year is dedicated for use by the Division of Natural Resources.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Guills and Barnes:
Senate Bill No. 111--A Bill to amend and reenact §6-9A-11 of the Code of West Virginia, 1931, as amended, relating to giving precedential application to advisory opinions issued by the Committee on Open Governmental Meetings.
Referred to the Committee on Government Organization.
By Senators Prezioso, Sharpe, Hunter, Foster, Unger, Jenkins, Plymale, Helmick, Dempsey, White, Fanning, Sprouse, Deem, Yoder, Facemyer, Love, Bowman and Minard:
Senate Bill No. 112--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5R-7, relating to establishing an Alzheimer's Disease Registry within West Virginia University to act as a central information database for policy and planning relative to Alzheimer's disease.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Facemyer, Barnes, Guills, Minard, Sharpe, Helmick, Deem, White, Hunter, Unger and Minear:
Senate Bill No. 113--A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting farming equipment and livestock from personal property taxation.
Referred to the Committee on Agriculture; and then to the Committee on Finance.
By Senators Kessler, Hunter and Foster:
Senate Bill No. 114--A Bill to amend and reenact §49-5-13d of the Code of West Virginia, 1931, as amended, relating to teen court programs; providing magistrate or circuit clerk retain five percent of fees paid as a cost of processing when fees are paid under teen court programs; and setting forth with particularity circumstances in which fees are to be paid under auspices of teen court programs.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Bailey, Weeks and Sharpe:
Senate Bill No. 115--A Bill to amend and reenact §5F-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5F-2-1 of said code; to amend said code by adding thereto a new section, designated §5F-2-7; to amend and reenact §6-7-2a of said code; to amend and reenact §9-1-2 of said code; to amend and reenact §9-2-1a of said code; to amend and reenact §16-1-2 of said code; to amend and reenact §16-5P-7 of said code; to amend and reenact §16-5S-5 of said code; to amend and reenact §16-22A-3 of said code; to amend and reenact §16-29D-3 of said code; to amend and reenact §16-29E-2 and §16-29E-3 of said code; to amend and reenact §18-10K-2 of said code; to amend and reenact §33-25B-2 of said code; to amend and reenact §33-25D-29 of said code; to amend said code by adding thereto a new section, designated §48-1-220a; to amend and reenact §48-1-236 of said code; to amend and reenact §48-26-501, §48-26-502 and §48-26-503 of said code; to amend and reenact §49-1-4 of said code; to amend and reenact §49-4-1, §49-4-4 and §49-4-5 of said code; to amend and reenact §49-4A-2, §49-4A-5 and §49-4A-6 of said code; to amend and reenact §49-5D-5 of said code; and to amend and reenact §49-7-1 and §49-7-30 of said code, all relating to dividing the Department of Health and Human Resources into the Department of Health and the Department of Human Resources.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Boley, Deem and Chafin:
Senate Bill No. 116--A Bill to amend and reenact §17-24A-1 and §17-24A-2 of the Code of West Virginia, 1931, as amended, all relating to abandoned motor vehicles; definitions; exceptions; and penalties.
Referred to the Committee on the Judiciary.
By Senator White:
Senate Bill No. 117--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13W-1, §11-13W-2, §11-13W-3, §11-13W-4, §11-13W-5, §11-13W-6, §11-13W-7, §11-13W-8, §11-13W-9, §11-13W-10, §11-13W-11, §11-13W-12, §11-13W-13, §11-13W-14, §11-13W-15, §11-13W-16, §11-13W-17, §11-13W-18, §11-13W-19, §11-13W-20 and §11-13W-21, all relating to taxation generally; setting forth short title; setting forth legislative findings; defining terms; specifying method for determining tax attributable to qualified investment; specifying eligibility for tax credit; specifying procedures for application for certification and for certification of project plans; specifying limitations on certification and criteria for certification; specifying applications for certification are public information; specifying procedures and criteria for decertification of projects or withdrawal or suspension of certification of projects or decrease of amounts of credit or qualified investment for which a project is certified; providing for audits and investigations; specifying confidentiality of certain information; providing for a project administration allowance to be deposited in a revolving fund for use by the Division of Tourism; establishing the Small Tourism Business Fund as a revolving fund; providing for a tax administration allowance to be deposited in a revolving fund for use by the Tax Department; establishing the General Tax Administration Fund as a revolving fund; specifying method for determining qualified investment; specifying amount of tax credit allowed; setting forth application of credit; specifying method for assertion of credit and filings; specifying requirements for reporting of credit; setting forth total maximum aggregate tax credit limitation; specifying forfeiture of unused tax credits; specifying redetermination of credit; specifying recapture of credit; specifying treatment for premature disposition of qualified property; specifying treatment for premature cessation of use of qualified property; specifying recapture tax; specifying imposition of recapture tax; specifying application of the West Virginia Tax Procedure and Administration Act to the recapture tax; setting forth rules for transfer of qualified property to successors; specifying treatment of successor businesses where predecessor is entitled to the credit; specifying treatment of a mere change in the form of doing business; requiring and specifying identification of qualified tourism development property; specifying rules for failure to keep adequate records; specifying certain credit information to be published as public information; authorizing audits and joint audits or examinations of taxpayers claiming the credit and certain other persons; requiring program evaluation; setting forth expiration date for the tax credit program; specifying preservation of vested entitlements; specifying general procedure and administration and adoption of the West Virginia Tax Procedure and Administration Act as applying to the tax credit; and authorizing promulgation of regulations.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senator Foster:
Senate Bill No. 118--A Bill to amend and reenact §51-2A-6 of the Code of West Virginia, 1931, as amended, relating to setting the compensation of secretary-clerks to family court judges.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 119--A Bill to amend and reenact §18-7A-25 of the Code of West Virginia, 1931, as amended, relating to the State Teachers Retirement System; and allowing eligibility for retirement, with full pension rights, when a member's age plus years of contributing service equals or exceeds eighty.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Prezioso, Kessler, Dempsey, Sharpe, Minard, Hunter, Unger, Bowman, Jenkins, Plymale, Oliverio, Helmick, Fanning, Barnes, Caruth, Weeks, Harrison, Facemyer and Deem:
Senate Bill No. 120--A Bill to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-5, §16-2F-6, §16-2F-8 and §16-2F-9 of the Code of West Virginia, 1931, as amended, all relating to parental notification requirements for abortions performed on unemancipated minors; waiver; notice to minor of right of petition to circuit court; reporting requirements; creating penalties and remedies; specifying where notice not required; and severability.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Facemyer:
Senate Bill No. 121--A Bill to amend and reenact §4-11A-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §19-1-4 of said code; and to amend said code by adding thereto a new section, designated §19-1-4e, all relating to the Tobacco Settlement Fund; duties of the Commissioner of the Department of Agriculture; duty to assist farmers to make the transition from growing tobacco to growing other crops or pursuing other agricultural-related businesses; creating the Transition Program for Tobacco Farmers' Fund; and creating the Transition Program for Tobacco Farmers.
Referred to the Committee on Agriculture; and then to the Committee on Finance.
By Senator Boley:
Senate Bill No. 122--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2 and §3-12-3, all relating to initiative and referendum; definitions; and limitations.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 123--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to create and sell sport compact license plates.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators White, Foster, Hunter, Kessler, Sprouse, McCabe, Jenkins, Dempsey, Unger and Sharpe:
Senate Bill No. 124--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17, §3-12-18 and §3-12-19, all relating generally to providing an alternative public funding option of election campaigns for candidates for the state Senate and House of Delegates; setting forth short title and certain legislative findings and declarations; defining terms; specifying that the provisions of the act are applicable to candidates for the offices of state Senate and House of Delegates; establishing a public campaign financing fund and sources of revenue for the fund; requiring an additional penalty assessment be imposed against violators of administrative orders, rules and regulations of state governmental agencies, boards and commissions; requiring an applicant for public campaign funding to complete a declaration of intent and setting forth the manner in which an application for funding may be made; setting forth eligibility criteria for qualifying party and independent candidates; allowing participating candidates to raise from private sources and spend seed money contributions; requiring candidates seeking public campaign funds to collect a required number of qualifying contributions; requiring participating candidates to comply with all provisions of the act; requiring the State Election Commission to certify eligible candidates and setting forth the procedure for certification; providing that qualified candidates shall receive funding for election campaigns from the Public Campaign Financing Fund; specifying the amount of funds available for each office and when the funds become available; setting forth restrictions on participating candidates' contributions and spending; prohibiting participating candidates from accepting private contributions other than as specifically set forth in the act; prohibiting the use of personal funds for certain purposes; requiring certain disclosures; requiring candidates to keep records and report to the State Election Commission; providing for matching public campaign funds when an opponent spends in excess of the initial funding available to a certified candidate and for independent expenditures on behalf of a nonparticipating or certified opponent; setting forth certain duties of the State Election Commission; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act; and setting forth an effective date.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Yoder, Barnes and Guills:
Senate Joint Resolution No. 1--Proposing an amendment to the Constitution of the State of West Virginia, amending sections two and five, article VIII thereof, relating to providing for the merit selection of Justices of the Supreme Court of Appeals and Circuit Court Judges; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Yoder:
Senate Joint Resolution No. 2--Proposing an amendment to the Constitution of the State of West Virginia, amending section thirty-six, article VI thereof, relating to gambling; prohibiting expansion of gambling laws; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Caruth, Guills, Harrison, Weeks, Yoder and Barnes:
Senate Joint Resolution No. 3--Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section fifty- seven, relating to clarifying that the Constitution does not require the State to pay for any abortion; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on Health and Human Resources; then to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Facemyer:
Senate Joint Resolution No. 4--Proposing an amendment to the Constitution of the State of West Virginia, amending section thirteen, article VI thereof, relating to eligibility of the citizens of the State to seat in the Legislature; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary.
By Senator Facemyer:
Senate Joint Resolution No. 5--Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section fifty- seven, relating to dedicating one percent of the General Revenue Fund to the Division of Natural Resources to be used to fund activities intended to promote and preserve the state's wildlife resources and to fund law-enforcement activities involving the Division of Natural Resources; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
Senator Bailey offered the following resolution:
Senate Concurrent Resolution No. 1--Requesting the Division of Highways name the bridge crossing the Guyandotte River at Allen Junction, Wyoming County, the "Staff Sergeant Grover Robert Taylor Memorial Bridge".
Whereas, Grover Robert Taylor was born April 30, 1941, in Allen Junction, Wyoming County, the son of Grant and Mary Taylor; and
Whereas, At the age of 17, Grover Robert Taylor joined the United States Army. He attained the rank of Staff Sergeant and served as a drill instructor at Fort Jackson, South Carolina; and
Whereas, In 1965, Staff Sergeant Grover Robert Taylor volunteered to go to Vietnam and served as a gunner on a helicopter. After completing his tour, he was sent to Hawaii where he served as a drill instructor for several months. Later the same year, he went back to Vietnam and served with the U. S. Army Calvary, nicknamed the Wolfhounds; and
Whereas, On April 20, 1966, 25 miles northwest of Saigon, Vietnam, Staff Sergeant Grover Robert Taylor was killed in action. He was posthumously awarded the Silver Star for heroism; and
Whereas, It is fitting that a lasting tribute be made in honor of Staff Sergeant Grover Robert Taylor who was killed in service to this nation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge crossing the Guyandotte River at Allen Junction, Wyoming County, the "Staff Sergeant Grover Robert Taylor Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Staff Sergeant Grover Robert Taylor 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 Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Senators Bailey and Hunter offered the following resolution:
Senate Concurrent Resolution No. 2--Requesting the Joint Committee on Government and Finance study post-construction stormwater runoff.
Whereas, In recent years, West Virginia residents and businesses have endured repeated flooding in all parts of the state; and
Whereas, The nearly constant rebuilding of West Virginia communities after flooding has a significant impact on the West Virginia economy; and
Whereas, Land development projects affect local watersheds and increase stormwater run-off rates which cause flooding, stream channel erosion, sedimentation problems and increased water-borne pollutants; and
Whereas, Stormwater runoff, soil erosion and nonpoint source pollution can be controlled through the regulation of stormwater runoff from development sites; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study post-construction stormwater runoff; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senator Bailey offered the following resolution:
Senate Concurrent Resolution No. 3--Requesting the Division of Highways name the bridge on Route 16 at Corrine, Wyoming County, the "Paul and Roger Harsanyi Memorial Bridge".
Whereas, Brothers Paul and Roger Harsanyi were born in Wyoming County and lived in Corrine, Wyoming County, for a part of their childhood; and
Whereas, Paul Harsanyi served his nation with pride and distinction in the United States Air Force. Sadly, while home on leave from his military service, Paul Harsanyi was killed in an automobile accident on the bridge at Corrine, Wyoming County, in February, 1963; and
Whereas, Roger Harsanyi served his nation with pride and distinction in the United States Army. Sadly, while serving in Vietnam, Roger Harsanyi was killed in action on April 20, 1966; and
Whereas, It is fitting that a lasting tribute be made in honor of these outstanding young men; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge on Route 16 at Corrine, Wyoming County, the "Paul and Roger Harsanyi Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Paul and Roger Harsanyi 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 Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Senator Edgell offered the following resolution:
Senate Concurrent Resolution No. 4--Requesting the State Board of Education establish a position within the Department of Education to coordinate, oversee and advocate school libraries.
Whereas, Well-stocked, professionally staffed libraries contribute to improved student achievement on standardized tests; and
Whereas, Although public libraries are available to school-age children during the evening and on weekends, public librarians cannot collaborate with all area teachers to develop collections that support curriculum needs; and
Whereas, The number of librarian positions is lacking in elementary schools and 46 percent of the state's schools do not employ a library media specialist; and
Whereas, Currently, there is no position within the Department of Education to support school libraries; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the State Board of Education establish a position within the Department of Education to coordinate, oversee and advocate school libraries; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the State Board of Education.
Which, under the rules, lies over one day.
Senators Yoder, Dempsey, Sharpe, Unger, Barnes and Weeks offered the following resolution:
Senate Concurrent Resolution No. 5--Requesting the Joint Committee on Government and Finance study providing safe and affordable housing for State Police officers and their families.
Whereas, State Police officers are often required to transfer as job assignments, promotions and the public safety needs of this state require; and
Whereas, State Police officers and their families deserve to live in safe and affordable housing in the communities in which they serve; and
Whereas, The compensation of State Police officers does not account for the differential in housing costs throughout the state nor the ability of State Police officers to find safe and affordable housing for their families in high-cost housing areas of the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study providing safe and affordable housing for State Police officers and their families; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Edgell, Guills, Minard and Yoder offered the following resolution:
Senate Concurrent Resolution No. 6--Requesting the Joint Committee on Government and Finance study public school dress codes and the use of school uniforms.
Whereas, Students wearing inappropriate or offensive clothing to school is a problem in many of our school districts; and
Whereas, There may be social stigma attached to students who cannot afford or may not be allowed to wear certain stylish clothing to school; and
Whereas, Many families find the annual purchase of school clothing to be a financial burden; and
Whereas, Many schools in other states are experimenting with requiring a uniform dress code or school uniform because it may affect discipline within the school; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study public school dress codes and the use of school uniforms; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Yoder, Unger and Barnes offered the following resolution:
Senate Concurrent Resolution No. 7--Requesting the State of West Virginia and the United States federal government fully recognize the counties of Berkeley and Jefferson in the State of West Virginia as part of the beautiful and historic Shenandoah Valley.
Whereas, The State of West Virginia was originally part of the Commonwealth of Virginia until June 20, 1863, and the counties of Berkeley and Jefferson were not officially annexed by West Virginia until 1872 upon the ruling of the United States Supreme Court; and
Whereas, The Shenandoah Valley begins at the Potomac River which forms the northern boundary along Berkeley and Jefferson counties and continues southwestward to the southern boundary near the city of Roanoke, Virginia. The Valley is flanked to the east by the Blue Ridge Mountains (in eastern Jefferson County) and to the west by the Allegheny Mountains (in western Berkeley County). The Shenandoah River flows northward and empties into the Potomac River at Harpers Ferry, Jefferson County; and
Whereas, The entire Valley was known as the "Breadbasket of the Confederacy" because of its richness in fertile soils that sustains life for farms and orchards; and
Whereas, In 1996, the United States Congress established the Shenandoah Valley Battlefields National Historic District and Commission. At that time, Berkeley and Jefferson counties were not included as a part of the program; and
Whereas, Berkeley and Jefferson counties should be eligible to become part of the Shenandoah Valley Battlefields National Historic District and Commission and be eligible for any other federal programs that are available for the Shenandoah Valley; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the State of West Virginia and the United States federal government fully recognize the counties of Berkeley and Jefferson in the State of West Virginia as part of the beautiful and historic Shenandoah Valley; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President of the United States, West Virginia's congressional delegation, the Governor, the county commissions of Berkeley and Jefferson counties and the mayors and city councils of Bolivar, Charles Town, Harpers Ferry, Hedgesville, Martinsburg, Ranson and Shepherdstown.
Which, under the rules, lies over one day.
Senator Yoder offered the following resolution:
Senate Concurrent Resolution No. 8--Requesting the Joint Committee on Government and Finance study repealing the Local Powers Act and replacing it with legislation giving counties more flexibility in meeting county-level demands.
Whereas, It is the purpose of the Local Powers Act to provide for the fair distribution of costs for county development by authorizing the assessment and collection of fees to offset the cost of commercial and residential development within affected counties; and
Whereas, The Act is outdated and too restrictive for the needs of counties in different geographical areas of this state; and
Whereas, Instead of improving the ability of counties to meet the needs of its citizens, the Act has restricted their ability to meet modern demands for planning and providing services; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study repealing the Local Powers Act and replacing it with legislation giving counties more flexibility in meeting county-level demands; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Prezioso, Dempsey, Caruth, Foster, Love, Jenkins, Oliverio and Sharpe offered the following resolution:
Senate Concurrent Resolution No. 9--Requesting the Joint Committee on Government and Finance direct the Legislative Oversight Commission on Health and Human Resources Accountability study the obesity epidemic in West Virginia by monitoring ongoing state activities to curtail obesity.
Whereas, The United States experienced unprecedented increases in obesity in the last decade. In 1991, no state had an obesity rate of 20 percent or higher but by 2000, 22 states reported obesity rates of 20 percent or higher. These increases include all ages, racial and ethnic groups and both genders; and
Whereas, West Virginia ranks first among all states in obesity. About one third of all adults in West Virginia are overweight and one in four is obese; and
Whereas, Forty percent of children in West Virginia are either overweight or obese and this prevalence has nearly tripled in the past two decades; and
Whereas, Obesity is associated with increased mortality and risk for a number of disorders, including cardiovascular disease, hypertension, stroke, Type II diabetes, osteoarthritis and certain cancers; and
Whereas, Obesity has a significantly greater effect on the number of chronic conditions than the effects of current or past smoking or problem drinking; and
Whereas, A study by Obesity Research shows the estimated adult obesity-attributable medical expenditures in West Virginia are $588 million for the total population, $140 million for the Medicare population and $187 million for the Medicaid population; and
Whereas, According to the United States Centers for Disease Control and Prevention, if this trend is not reversed, obesity-related health problems and associated costs will soon surpass those associated with tobacco; and
Whereas, Research indicates that strong, healthy bodies promote learning and enhance mental and emotional health, social development, self-esteem and overall fitness and that combining physical activity with an academic curriculum results in an overall increase in academic performance among school-age children; and
Whereas, Childhood detection and treatment of obesity, as well as an emphasis on physical and nutritional education, provide an opportunity for the development of lifelong health and fitness skills and proper eating habits; and
Whereas, Obesity is a preventable and treatable disease that has reached epidemic proportions. Education, prevention and proper treatment can reduce health care costs and improve the quality of life for a significant number of adults and children in West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to direct the Legislative Oversight Commission on Health and Human Resources Accountability study the obesity epidemic in West Virginia by monitoring ongoing state activities to curtail obesity; and, be it
Further Resolved, That the Joint Committee on Government and Finance urges the Governor, the Legislature, the Department of Health and Human Resources, the Public Employees Insurance Agency, the Department of Education and other state agencies and institutions to make prevention and treatment of obesity a priority and to work in conjunction with the Legislative Oversight Commission on Health and Human Resources Accountability to reduce obesity and improve the health and wellness of the residents of West Virginia through the following measures:
(1) Working collaboratively with federal agencies, such as the United States Centers for Disease Control and Prevention, and other states to promote guidelines and best practices in the prevention and treatment of obesity;
(2) Educating the medical community, teachers and school administrators, employers and the general public about the scope of the problem and ways to prevent and treat obesity in adults and children;
(3) Providing incentives and promoting the availability of obesity-related treatment in the state Medicaid program, Public Employees Insurance Agency and other state-funded insurance programs;
(4) Identifying and implementing strategies to increase the amount of daily quality physical activity and nutrition education in the curriculum of public schools; and
(5) Providing incentives for workplace initiatives to combat obesity and encourage physical activity; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study potential policies and legislation to encourage people to change their lifestyles which would result in dramatic changes in outcome measures on obesity within five years; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Foster, Minear, Minard and Jenkins offered the following resolution:
Senate Concurrent Resolution No. 10--Requesting the Joint Committee on Government and Finance study the risks, benefits and costs of defined benefit pension plans and defined contribution pension plans provided to state and local government employees.
Whereas, The State of West Virginia and its political subdivisions currently have employees participating in defined benefit pension plans and defined contribution pension plans, with a majority of state and local employees participating in a defined benefit plan; and
Whereas, The private sector has moved increasingly toward providing defined contribution pension plans to employees to reduce costs associated with defined benefit plans; and
Whereas, The defined contribution pension plans, while potentially offering employer savings, place the risk of investment performance on the employee and, thus, offer less retirement income stability to employees; and
Whereas, The financial costs associated with public employee pension plans have increasingly become a burden on the state and its political subdivisions. A comprehensive study of recent trends in the private sector, the federal government and other states is needed to determine an appropriate course of action to ensure that meaningful pension benefits are provided to public employees in the future, while ensuring that those pension plans are also financially sustainable by state and local governments; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the risks, benefits and costs of defined benefit pension plans and defined contribution pension plans provided to state and local government employees; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Prezioso, Dempsey, Sharpe, Minard and Love offered the following resolution:
Senate Concurrent Resolution No. 11--Requesting the Joint Committee on Government and Finance direct the Legislative Oversight Commission on Health and Human Resources Accountability study the effectiveness of medical intervention at the end of life and at other times.
Whereas, The application of medical science and technology has the ability to prolong the dying process almost indefinitely and, in some cases, with attendant pain and suffering; and
Whereas, Most West Virginians would prefer to live a shorter period of time rather than undergo pain and suffering involved with being kept alive artificially; and
Whereas, Certain medical procedures administered in hospitals and nursing homes, such as cardiopulmonary resuscitation, have been shown to rarely result in prolonged survival in persons with chronic illness in whom death is expected, but yet can significantly increase pain and suffering; and
Whereas, The per capita age of the citizens of the State of West Virginia is currently the highest in the nation and those individuals are most deserving to be recipients of effective medical care; and
Whereas, The issues related to medical decisionmaking, allocation of resources and attendant consequences are matters of important public policy in this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to direct the Legislative Oversight Commission on Health and Human Resources Accountability study the effectiveness of medical intervention at the end of life and at other times; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Fanning, Minard and Jenkins offered the following resolution:
Senate Concurrent Resolution No. 12--Requesting the Joint Committee on Government and Finance study how the Board of Risk and Insurance Management sets rates for municipalities, counties, colleges and universities.
Whereas, Rates set by the Board of Risk and Insurance Management have tripled recently; and
Whereas, These increased rates are a problem for those who must pay them; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study how the Board of Risk and Insurance Management sets rates for municipalities, counties, colleges and universities; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senator Facemyer offered the following resolution:
Senate Concurrent Resolution No. 13--Requesting the United States Department of Agriculture's Forest Service, in developing proposed alternatives for the Monongahela National Forest Plan Revision, fully consider the many values of well-managed forests to the State of West Virginia.
Whereas, The health, economic well-being and cultural traditions of West Virginia's citizens have historically been, and continue to be, dependent upon the wealth of natural resources provided by the working forests within the state; and
Whereas, The natural resources of the State of West Virginia, particularly its timber resources, are immovable, permanent, renewable assets belonging to the people of West Virginia; and
Whereas, Local municipalities and other public jurisdictions in West Virginia have had their educational, public safety and transportation infrastructure deprived of timber revenue totaling hundreds of millions of dollars due to the actions of political activists dedicated to forest abandonment; and
Whereas, Federal wilderness designation by the United States Congress is a permanent, irrevocable condition that will forever deprive West Virginians and visiting nonresidents of nearly all economically productive uses and reasonable access to recreational opportunities in the Monongahela National Forest; and
Whereas, Professionally prescribed active timber management provides an important source of sustainable raw materials for West Virginia's forest-based industries and rural manufacturing economies; and
Whereas, Imposing additional wilderness acreage would diminish the biological diversity of the Monongahela National Forest's wildlife habitat due to the prohibition of all wildlife habitat and timber management and would eliminate the opportunity to perpetuate the best quality and combination of wildlife habitats; and
Whereas, The Division of Natural Resources is charged with protecting and conserving fish and wildlife, including those existing within the proclamation boundaries of the Monongahela National Forest as well as the acreage either currently designated or proposed as federal wilderness, using sound scientific principles inherent in active wildlife management practices; and
Whereas, Compelling peer-reviewed and widely accepted scientific evidence documents that:
(1) Some of the most interesting and diverse natural communities in eastern North America will be lost without active forest management;
(2) Providing habitat for the greatest diversity of wildlife species over the long term involves managing a mosaic of forest conditions; and
(3) Providing both young and mature forest habitat through forest management contributes to the biological diversity of the forested landscape; and
Whereas, The governing bodies and economic development authorities of the counties of Grant, Pendleton, Pocahontas, Randolph and Tucker, each of which encompasses some portion of Monongahela National Forest lands, have formally and publicly opposed the designation of additional federal wilderness acreage in the Monongahela National Forest; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the United States Department of Agriculture's Forest Service, in developing proposed alternatives for the Monongahela National Forest Plan Revision, fully consider the many values of well-managed forests to the State of West Virginia; and, be it
Further Resolved, That the Legislature hereby recognizes that any expansion of federal wilderness and/or the imposition of any other unreasonably restrictive land management measures would result in losses in recreational opportunity and severe economic harm to more West Virginians than would be benefitted; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to West Virginia's congressional delegation, the Governor of the State of West Virginia, Clyde Thompson, Supervisor of the Monongahela National Forest, and the county commissions of each county with land in the Monongahela National Forest.
Which, under the rules, lies over one day.
Senators Facemyer, Hunter, Unger, Helmick and Jenkins offered the following resolution:
Senate Concurrent Resolution No. 14--Requesting the Joint Committee on Government and Finance study training and education needs in regard to Alzheimer's disease and related dementia in medical adult day care centers, nursing homes, assisted living residences and residential care communities.
Whereas, Today more than 50 percent of all residents in long- term care facilities suffer from Alzheimer's disease or related dementia; and
Whereas, Current certified nursing assistants' training requirements, which were adopted by the Legislature in the late 1980s, were appropriate at that time for the physically frail population in long-term care facilities. Today, the long-term care population is more cognitively impaired than physically impaired; and
Whereas, Education and training should address the change in the current population of long-term care facilities and the needs of staff who care for people with Alzheimer's disease or related dementia; and
Whereas, Studies find annual rates of turnover among long-term care staff range from 45 percent to more than 100 percent; and
Whereas, The quality of care for residents suffers when they lose the continuity of care from familiar workers who know them and have come to understand their needs. This loss is particularly acute for persons with Alzheimer's disease or related dementia; and
Whereas, Other states have dementia-specific training components that include a basic understanding of Alzheimer's disease and related dementia, communication approaches and techniques, and preventing or managing challenging behaviors in persons with Alzheimer's disease and related dementia; and
Whereas, Rarely does an illness take such a pervasive toll on families and impact so many lives in so many ways; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study training and education needs in regard to Alzheimer's disease and related dementia in medical adult day care centers, nursing homes, assisted living residences and residential care communities; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senator Fanning offered the following resolution:
Senate Concurrent Resolution No. 15--Requesting the Department of Transportation name the Division of Motor Vehicles' facility in Williamson, Mingo County, the "Tom C. Chafin Division of Motor Vehicles Memorial Facility".
Whereas, Tom C. Chafin, a lifelong resident of Mingo County, was born April 30, 1911, on Mate Creek, Mingo County; and
Whereas, Mr. Chafin distinguished himself as a leader in southern West Virginia politics and his perennial influence extended from the smallest of Appalachian communities to the State Capitol in Charleston and the nation's Capitol in Washington, D. C.; and
Whereas, From his relatively humble beginnings as a coal miner and merchant, Mr. Chafin learned the common touch which served him exceedingly well later in his political and private life; and
Whereas, Mr. Chafin was a highly successful and popular public servant, spending approximately 36 years in public life where he variously served as Constable, County Clerk and Sheriff of Mingo County and was often the top vote-getter on the Democratic ballot; and
Whereas, Mr. Chafin was proud of his distinguished lineage which included the Chafins and Hatfields, two prominent pioneer Mingo families. Mr. Chafin's father was Allen Chafin and his mother was Lydia Hatfield Chafin, daughter of Ellison Hatfield (a brother to "Devil Anse" Hatfield); and
Whereas, Mr. Chafin passed away in April, 1997, leaving behind his beloved wife, sons and countless friends and acquaintances; and
Whereas, It is fitting that a lasting tribute be made in honor of this uniquely homegrown political leader; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Department of Transportation name the Division of Motor Vehicles' facility in Williamson, Mingo County, the "Tom C. Chafin Division of Motor Vehicles Memorial Facility"; and, be it
Further Resolved, That the Department of Transportation is hereby requested to commission the fabrication of a nameplate of appropriate size, prominence and design containing the words "Tom C. Chafin Division of Motor Vehicles Memorial Facility"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the surviving members of Mr. Chafin's immediate family.
Which, under the rules, lies over one day.
Senators Fanning, Hunter, Unger, White, Helmick, Minear and Barnes offered the following resolution:
Senate Concurrent Resolution No. 16--Requesting the Director of the Division of Homeland Security and Emergency Management immediately repair inoperative Integrated Flood Warning System rain and stream gauges to a minimum operational efficiency rating of 90 percent and provide ongoing maintenance.
Whereas, The Division of Homeland Security and Emergency Management operates the Integrated Flood Warning System, known as IFLOWS, which is made up of a computer-operated communications network and rain and stream gauges; and
Whereas, Flood warnings and flood watches in West Virginia are issued by the National Weather Service based upon information obtained from IFLOWS rain and stream gauges located throughout the state; and
Whereas, Advanced flood warning is critical to saving lives, reducing property damage and reducing disruption of commerce and human activities; and
Whereas, In July, 2003, the National Weather Service recognized West Virginia as having the largest and most reliable IFLOWS network of the 13 states in the eastern district with an operational efficiency rating over 90 percent; and
Whereas, In July, 2004, the operational efficiency rating was at 60 percent and remained at the same level four months later; and
Whereas, The National Weather Service provides an annual grant to the IFLOWS program which provides nearly 25 percent of program funding; and
Whereas, IFLOWS grants to states are competitively awarded on merit, and the ability of a state to maintain its IFLOWS network is a key criteria by which a state is judged; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Director of the Division of Homeland Security and Emergency Management immediately repair inoperative Integrated Flood Warning System rain and stream gauges to a minimum operational efficiency rating of 90 percent and provide ongoing maintenance; and, be it
Further Resolved, That the Director of the Division of Homeland Security and Emergency Management report to the Joint Committee on Government and Finance on or before the first day of June, 2006, and thereafter as may be required, as to the operational efficiency of the IFLOWS network.
Which, under the rules, lies over one day.
Senators Chafin, Barnes and Minard offered the following resolution:
Senate Concurrent Resolution No. 17--Requesting the Joint Committee on Government and Finance study the impact on state revenues from various tax-sheltering devices used by national corporations doing business in this state.
Whereas, On July 15, 2003, the Multistate Tax Commission released a report entitled Corporate Tax Sheltering and the Impact on State Corporate Income Tax Revenue Collections that showed state corporate income taxes as a proportion of corporate profits declined by 34 percent from approximately 9 percent during the period from 1980 to 1989 to 5.9 percent in 2001; and
Whereas, Corporate tax sheltering reduced state corporate income tax revenues by more than a third of actual collections in 2001 and, according to the report, West Virginia is listed as one of the states with the highest percentage loss of revenue; and
Whereas, The lost revenue attributable to domestic and international income tax sheltering is adding to the state's budget deficits while undermining the equity and integrity of the state's tax system; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the impact on state revenues from various tax-sheltering devices used by national corporations doing business in this state; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Without objection, the Senate returned to the third order of business.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 1--Raising a Joint Assembly to hear an address by His Excellency, the Governor.
Whereas, His Excellency, the Governor, has advised that he will be pleased to address a Joint Assembly of the Senate and House of Delegates at the convenience of the two houses; therefore, be it
Resolved by the Legislature of West Virginia:
That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the Legislature at 7:00 o'clock postmeridian this day; and, be it
Further Resolved, That the President of the Senate and the Speaker of the House of Delegates appoint three members of each of the respective houses of the Legislature as a committee to wait upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the time herein appointed for hearing the address.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same was put and prevailed.
Whereupon, the President appointed as Senate members of such committee, authorized by the foregoing resolution, the following:
Senators Chafin, Sharpe and Sprouse.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
At the request of Senator Chafin, unanimous consent being granted, the Senate proceeded to the twelfth order of business.
Remarks were made by Senators Caruth and Hunter.
At the request of Senator Jenkins, and by unanimous consent, the Senate returned to the eleventh order of business and the introduction of guests.
Pending announcement of a meeting of a standing committee of the Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate recessed until 6:45 p.m. today.
Upon expiration of the recess, the Senate reconvened.
The hour of 7 p.m. having arrived, that being the time set for the joint assembly to hear the address of His Excellency, the Governor, the Senate recessed until five minutes after adjournment of the joint assembly. Members of the Senate then repaired in a body to the hall of the House of Delegates.
***
(NOTE: For formal procedure in the joint assembly and the address of His Excellency, the Governor, the Honorable Joe Manchin III, see the Journal of the House of Delegates for this day.)
__________
Night Session
The joint assembly having been dissolved, the Senate returned to its chamber and resumed its regular session.
Executive Communications
Senator Tomblin (Mr. President) presented the following communication from His Excellency, the Governor, submitting the executive budget and annual budget bill, which was received and read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON

January 11, 2006

Senate Executive Message No. 1
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
I herewith submit, pursuant to the Constitution of the State of West Virginia, a budget and budget bill for the fiscal year beginning July 1, 2006.
With warmest regards,
Joe Manchin III,
Governor.
Subsequently, Senator Tomblin (Mr. President) laid before the Senate the aforementioned annual budget bill,
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 125--A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.
Which was read by its title and referred to the Committee on Finance.
On motion of Senator Lanham, the Senate adjourned until tomorrow, Thursday, January 12, 2006, at 11 a.m.
____________