WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2008

SECOND DAY

____________

Charleston, W. Va., Thursday, January 10, 2008

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

Prayer was offered by the Reverend John McDonough, St. Agnes Catholic Church, Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, January 9, 2008,
On motion of Senator White, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Clerk presented a communication from the Board of Barbers and Cosmetologists, submitting its annual report as required by chapter sixteen, article one, section six of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Board of Dental Examiners, submitting its annual report, in accordance with chapter thirty, article twenty-four, section seven of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Department of Health and Human Resources, submitting its annual long-term care report as required by chapter sixteen, article five-c, section three of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Division of Juvenile Services, submitting its annual report, in accordance with chapter forty-nine, article five, section thirteen-e of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Clerk presented a communication from the Office of the Insurance Commissioner, submitting its schedule of maximum fees paid to providers of medical services rendered to workers with compensable injuries as required by chapter twenty-three, article four, section three of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Clerk presented a communication from the Ron Yost Personal Assistance Services Program, submitting its annual report, in accordance with chapter eighteen, article ten-l, section seven of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Clerk presented a communication from the Water Development Authority, submitting its annual report as required by chapter twenty-two-c, article one, section seventeen of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Board of Registration for Professional Engineers, submitting its annual report, in accordance with chapter thirty, article thirteen, section ten of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Bureau of Senior Services, submitting its annual report as required by chapter sixteen, article five-p, section fourteen of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Children's Health Insurance Program, submitting its annual report, in accordance with chapter five, article sixteen-b, section three of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Commission for the Deaf and Hard-of-Hearing, submitting its annual report as required by chapter five, article fourteen, section nine of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Department of Environmental Protection, submitting its biennial groundwater report, in accordance with chapter twenty-two, article twelve, section six of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Pharmaceutical Cost Management Council, submitting its annual report as required by chapter five-a, article three-c, section eight of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Public Employees Grievance Board, submitting its annual report, in accordance with chapter six-c, article three, section two of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Public Energy Authority, submitting its annual report as required by chapter five-d, article one, section eight of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
By Senators Edgell, Yoder, Bowman, Hunter and Kessler:
Senate Bill No. 151--A Bill to amend and reenact §4-2A-2, §4-2A-4, §4-2A-6 and §4-2A-7 of the Code of West Virginia, 1931, as amended, all relating to the compensation and expenses of legislators; increasing the basic compensation and expense reimbursement for members of the Legislature; providing a schedule of payment for compensation; increasing the additional compensation of presiding officers, majority and minority leaders and specified committee chairs, as well as certain other members to be designated by the presiding officers; increasing from four to six the number of other members that may be designated by the presiding officers to receive extra compensation and corresponding reimbursement of expenses; removing certain limits on the number of days for which extra compensation and expenses may be paid; and removing the requirement that to be compensated for additional days that the legislative business for which the member is to be compensated be performed in the Capitol.
Referred to the Committee on Finance.
By Senator Sypolt:
Senate Bill No. 152--A Bill to amend and reenact §7-4-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §15- 2-25 of said code; and to amend said code by adding thereto a new section, designated §30-29-11, all relating to requiring qualifying law-enforcement officers employed by a West Virginia law-enforcement agency to receive certification to carry a concealed firearm nationwide as provided in the federal Law-Enforcement Officers Safety Act of 2004; establishing procedure for a retired or medically discharged member of the State Police to appeal a denial of a letter of authorization to carry concealed handguns; providing that certain methods of authorization for retired or medically discharged members of the State Police to carry concealed handguns are cumulative; providing that a letter of authorization for a retired or medically discharged member of the State Police to carry concealed handguns shall be deemed a West Virginia concealed handgun license for the purpose of participating in reciprocity with other states; providing that law-enforcement agencies are neither prohibited from nor required to permit an officer to carry his or her service weapon off duty; and requiring West Virginia law-enforcement agencies to offer access to training and certification for honorably retired officers to be permitted to carry a concealed firearm nationwide as a qualified retired law-enforcement officer as provided in the federal Law-Enforcement Officers Safety Act of 2004.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 153--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Y-1 and §11-13Y-2; and to amend said code by adding thereto a new section, designated §18B-10-7c, all relating generally to incentives for the general education degree.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Unger, Foster and Hunter:
Senate Bill No. 154--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1B-27, relating to creating a fund to reimburse group life insurance premiums paid by members of the National Guard in exchange for and in recognition of their assumption of extended periods of active duty in combat areas; establishing a Service Members' Life Insurance Reimbursement Fund in the State Treasury; requiring promulgation of emergency rules; and providing for appropriations to the fund.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Unger and Stollings:
Senate Bill No. 155--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8-15B-1, §8-15B-2, §8-15B-3, §8-15B-4 and §8-15B-5, all relating to establishing the West Virginia Volunteer Firefighter Length of Service Act.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Unger and Hunter:
Senate Bill No. 156--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 National Guard and active military duty personnel killed in the line of duty.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 157--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-3A-3a; and to amend said code by adding thereto a new section, designated §60-7-9, all relating to requiring employees of licensed private clubs and retail outlets selling alcoholic beverages to take the techniques for education and alcohol management course or other similar alcohol awareness education course provided or approved by the Alcohol Beverage Control Commissioner.
Referred to the Committee on the Judiciary.
By Senator Sprouse:
Senate Bill No. 158--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-3a, relating to prohibiting a convicted murderer from living within one thousand yards of the victim's family.
Referred to the Committee on the Judiciary.
By Senators Foster, McCabe and Plymale:
Senate Bill No. 159--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-10E-1, §5-10E-2, §5-10E-3, §5-10E-4, §5-10E-5, §5-10E-6 and §5-10E-7, all relating to establishing the West Virginia Voluntary Accounts Program; defining certain terms; requiring private employers to provide employees savings opportunities; permitting certain other savings plans; providing that the principal account is created in the State Treasury; and providing procedures for implementing a voluntary savings account program for employees and employers in the private sector.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Sprouse:
Senate Bill No. 160--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-29, relating to providing for a criminal offense for employers who facilitate employment of any employee to other intrastate employment when such employee is known by the employer to have had sexual relations with an individual under the age of eighteen years.
Referred to the Committee on the Judiciary.
By Senators Prezioso and Edgell:
Senate Bill No. 161--A Bill to amend and reenact §18-5-19c of the Code of West Virginia, 1931, as amended, relating to Division of Technical and Adult Education Services; programs; legislative findings; providing payment of general educational development exam fees for certain individuals; eligibility requirements; and requiring State Board of Education rule.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Hunter and Stollings:
Senate Bill No. 162--A Bill to amend and reenact §61-11-22 of the Code of West Virginia, 1931, as amended, relating to driving under the influence of alcohol; and authorizing the creation of driving under the influence of alcohol (DUI) court programs as an alternative to sentencing and criminal penalties.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 163--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-13-8, relating to the creation of a State Criminal Justice Policy Council.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 164--A Bill to amend and reenact §7-10-4 of the Code of West Virginia, 1931, as amended, relating to the custody and care of abandoned, neglected or cruelly treated animals, including domestic and feral cats, by county humane officers.
Referred to the Committee on the Judiciary.
By Senator Oliverio:
Senate Bill No. 165--A Bill to amend and reenact §18A-4-10f of the Code of West Virginia, 1931, as amended, relating to the return of personal leave days which were donated from one school employee to another.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators White and Hunter:
Senate Bill No. 166--A Bill to amend and reenact §22A-1-22 of the Code of West Virginia, 1931, as amended, relating to the strengthening of protections for whistleblowers of unsafe working conditions in mines.
Referred to the Committee on the Judiciary.
By Senators Oliverio and Foster:
Senate Bill No. 167--A Bill to amend and reenact §5A-3B-1 and §5A-3B-2 of the Code of West Virginia, 1931, as amended, all relating to authorizing municipalities to enter into contracts for energy-savings contracts.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Barnes and Yoder:
Senate Bill No. 168--A Bill to amend and reenact §8-6-4 of the Code of West Virginia, 1931, as amended, relating to the annexation of land by municipality without an election.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Hunter and Foster:
Senate Bill No. 169--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-2-140, relating to the prevention of predatory lending practices.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Bailey and Foster:
Senate Bill No. 170--A Bill to amend and reenact §3-3-3 of the Code of West Virginia, 1931, as amended, relating to early voting in elections as authorized by the county clerk.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 171--A Bill to amend and reenact §33-20-18 of the Code of West Virginia, 1931, as amended, relating to lowering from fifty-five years of age to fifty years of age concerning the requirement that automobile insurers provide for premium reductions.
Referred to the Committee on Banking and Insurance.
By Senators Kessler, Stollings, Edgell, Plymale, Jenkins, Minard, Hunter, Oliverio, Yoder and Barnes:
Senate Bill No. 172--A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended, relating to providing for a pension for volunteer firemen to enhance retention and recruitment of volunteer firemen; and authorizing revenues allocated to volunteer and part volunteer fire companies and departments to fund pensions for volunteer firemen.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 173--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8A-13-1, §8A-13-2, §8A-13-3, §8A-13-4, §8A-13-5 and §8A-13-6, all relating to creating the Food Security Act; providing a tax credit for a qualified donation, including, but not limited to, a fee interest in real property and conservation or preservation easement, located in West Virginia, by a landowner taxpayer to a public or private conservation agency; and addressing its administration, applicability, limitations and renewal.
Referred to the Committee on Agriculture; and then to the Committee on Finance.
By Senators Unger and Love:
Senate Bill No. 174--A Bill to amend and reenact §15-2-33 of the Code of West Virginia, 1931, as amended; and to amend and reenact §15-2A-12 of said code, all relating to removing the cap on scholarship funds for surviving dependent children of certain deceased members of the West Virginia State Police.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 175--A Bill to amend and reenact §15-2-20 of the Code of West Virginia, 1931, as amended, relating to increasing the relocation expense allotment for members of the West Virginia State Police when the transfer necessitates relocation of the member's family.
Referred to the Committee on Finance.
By Senators Unger, Hunter and Love:
Senate Bill No. 176--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-12a, relating to authorizing municipalities to permit certain veterans to park free.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Unger and Hunter:
Senate Bill No. 177--A Bill to amend and reenact §49-6-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8D-4 of said code, all relating to parental manufacture, possession or distribution of a controlled substance while a child is present in the home; disposition of neglected children; and criminal penalty.
Referred to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 178--A Bill to amend and reenact §20-2-6a of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-7-2, §61-7-4, §61-7-5, §61-7-6, §61-7-12, §61-7-14 and §61-7-15 of said code, all relating to concealed handgun licenses generally; establishing a process for issuing licenses to nonresidents; removing the Social Security number of a licensee from concealed handgun licenses; conforming requirements for Social Security numbers on concealed handgun license applications to federal law; limiting access to Social Security numbers of concealed handgun license applicants and licensees; requiring the inclusion of certain information on concealed handgun license applications; requiring the inclusion of the licensee's date of birth, gender, height, weight, color of hair and color of eyes on concealed handgun licenses; requiring the expiration date for a renewal license to be five years from the expiration date of the current license; specifying procedure for notifying sheriff of a change of name or address; specifying form of notice of suspension or revocation of a concealed handgun license; conforming exemptions to requirement of a license to carry a concealed weapon to the federal Law-Enforcement Officers Safety Act of 2004; and conforming certain definitions to federal law.
Referred to the Committee on the Judiciary.
By Senators Kessler and Edgell:
Senate Bill No. 179--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to create and issue a Patriot Guard Riders license plate for passenger vehicles and motorcycles.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators McKenzie and Bowman:
Senate Bill No. 180--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to create and issue a license plate featuring Wheeling Jesuit University with the educational institution's insignia displayed on it.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Prezioso, Stollings, Foster and Hunter:
Senate Bill No. 181--A Bill to amend and reenact §4-11A-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5A-3-37 of said code; to amend and reenact §11-17-3 of said code; to amend said code by adding thereto a new section, designated §11-21-10b; to amend said code by adding thereto a new section, designated §11-24-9d; to amend said code by adding thereto two new sections, designated §16-9A-1a and §16-9A-6; to amend and reenact §16-9A-5 of said code; and to amend said code by adding thereto a new article, designated §33-16G-1, §33-16G-2, §33-16G-3, §33-16G-4, §33-16G-5 and §33-16G-6, all relating to funding programs to discourage use of tobacco at levels recommended by the Centers for Disease Control and Prevention out of the West Virginia Tobacco Settlement Medical Trust Fund; giving preference to employers who offer health insurance benefits to employees in state bidding procedure; allowing a credit against corporate and personal income tax for employers who provide exercise facilities and smoking cessation programs to employees; advertising of tobacco products; defining terms; banning the advertisement of tobacco products at certain events; limiting brand name sponsorship of certain events; creating exceptions; authorizing enforcement through the office of the Attorney General; providing for awards of attorneys fees and costs; and requiring health insurance plans to cover the cost of smoking cessation services for its covered people.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 182--A Bill to amend and reenact §22A-2-55 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-3-12 and §61-3-29 of said code, all relating generally to coal mine health and safety; eliminating requirement that strobe lights be affixed to caches of self-contained self-rescue devices; expanding criminal penalties for theft of certain coal mine equipment; establishing criminal penalties for illegal entry into underground coal mines and surrounding property; and establishing criminal penalties for damage or destruction of coal mine equipment and property.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 183--A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as amended, relating to updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act; and specifying effective dates.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 184--A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as amended, relating to updating meaning of federal taxable income and certain other terms used in West Virginia Corporation Net Income Tax Act; and specifying effective dates.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 185--A Bill to amend and reenact §27-3-1 of the Code of West Virginia, 1931, as amended, relating to authorizing the disclosure of certain mental health records to the National Instant Criminal Background Check System.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 186--A Bill to amend and reenact §12-1A-9 of the Code of West Virginia, 1931, as amended, relating to the renewal of the West Virginia Small Business Linked Deposit Program.
Referred to the Committee on Economic Development; and then to the Committee on Government Organization.
By Senator Prezioso:
Senate Bill No. 187--A Bill to amend and reenact §49-1-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-6-3 and §49-6-5 of said code, all relating to child abuse and neglect generally; defining terms; expanding definition of "imminent danger" to the physical well-being of a child; prohibiting parents, guardians and custodians from allowing known child predators access to their custodial children; and obligation of the Department of Health and Human Resources to attempt to preserve the family in temporary and permanent custody determinations.
Referred to the Committee on the Judiciary.
By Senator Yoder:
Senate Bill No. 188--A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to retired law-enforcement officers; and requiring certification to continue to carry firearms.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 189--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9j, relating to a tax exemption for the purchase of home heating oil and propane gas by senior citizens.
Referred to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 190--A Bill to amend and reenact §17C-5-4, §17C-5-6, §17C-5-6a, §17C-5-7 and §17C-5-8 of the Code of West Virginia, 1931, as amended, all relating to creation of a drug recognition expert program within the West Virginia State Police.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Oliverio:
Senate Bill No. 191--A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931, as amended, relating to hiring of substitute teachers.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Oliverio and Love:
Senate Bill No. 192--A Bill to amend and reenact §18-9A-5b of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-15 of said code, all relating to the hiring of substitute service personnel by county school boards who can be used on a daily basis but do not count against the yearly state aid fund.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Minard:
Senate Bill No. 193--A Bill to amend and reenact §46A-4-110 of the Code of West Virginia, 1931, as amended, relating to the sale of home and automobile membership plans by consumer lenders; defining automobile and home membership plans; specifying conditions for sale of plans by licensees; and requiring enrollment authorizations to be filed with the commissioner.
Referred to the Committee on Banking and Insurance.
By Senator Hunter:
Senate Bill No. 194--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1-12, relating to providing electronic copies of instructional material for blind, visually impaired students and students with dyslexia who are enrolled at public institutions of higher education.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator White:
Senate Bill No. 195--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29B-1-8, relating to civil penalties for failure to comply with freedom of information requests.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 196--A Bill to amend and reenact §33-15-4c of the Code of West Virginia, 1931, as amended, relating to requiring colorectal cancer screening based on A-level guidelines of the American Cancer Society; and requiring third-party reimbursement for said testing.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 197--A Bill to amend and reenact §17B-2-8 of the Code of West Virginia, 1931, as amended, relating to requiring the county of residence to be contained on a driver's license.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senator Yoder:
Senate Bill No. 198--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting the first twenty thousand dollars of state pensions and Social Security benefits from West Virginia personal income tax.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Green, Plymale, Wells, Love, White, Fanning and Hunter:
Senate Bill No. 199--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C-1-6, relating to the recision of higher education loans, scholarships or other financial aid from students who receive two or more citations for an open container violation, DUI, underage consumption, public intoxication or contributing to the delinquency of a minor.
Referred to the Committee on Education; and then to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 200--A Bill to amend and reenact §56-1-1a of the Code of West Virginia, 1931, as amended, relating to civil actions filed in the courts of the state.
Referred to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 201--A Bill to amend and reenact §5-10A-2, §5- 10A-3, §5-10A-4, §5-10A-5, §5-10A-6, §5-10A-7 and §5-10A-8 of the Code of West Virginia, 1931, as amended, all relating to disqualification for public retirement benefits; adding the definition of "former participant"; terminating retirement benefits in all public retirement plans of former and present participants who have rendered less than honorable service; and providing for retention of vested employer contributions for members of the Teachers' Defined Contribution Retirement System whose benefits are terminated for less than honorable service.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Fanning:
Senate Bill No. 202--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 §33-15-4j; to amend said code by adding thereto a new section, designated §33-16-3t; to amend said code by adding thereto a new section, designated §33-24-7j; and to amend said code by adding thereto a new section, designated §33-25-8h; and to amend said code by adding thereto a new section, designated §33-25A-8i, 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 Baking and Insurance; and then to the Committee on Finance.
By Senators Hunter and Bailey:
Senate Bill No. 203--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §38-1-2a; to amend and reenact §38-1-3 and §38-1-4 of said code; and to amend and reenact §44-14-1 of said code, all relating to updating the foreclosure process on trust deeds; including procedures for foreclosure on bank and nonbank loans and right of reinstatement; fiduciary duties of trustees owed to both parties; information required to be on notice of sale; requiring all sales to be under supervision of a resident of the state; substitute trustees; and authorizing the Commissioner of Banking to determine eligibility of trustee.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 204--A Bill to repeal §29-21-10, §29-21-11 and §29-21-12 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §29-21-3b; and to amend and reenact §29-21-6, §29-21-8, §29-21-9, §29-21-13 and §29-21-13a of said code, all relating to Public Defender Services generally; creating the Indigent Defense Commission; specifying members and their terms; specifying certain powers and duties of the Indigent Defense Commission; requiring public defender corporations to submit monthly financial statements and reports; providing requirements for the creation, activation and merger of public defender corporations; providing for the order of appointment of panel attorneys; establishing requirements for funding applications; requiring corporations to submit proposed budgets; authorizing amended funding contracts; providing for payment of fees to panel attorneys; and authorizing executive director to establish guidelines for submission of claims and vouchers.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 205--A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as amended; to amend and reenact §17B-3-6 of said code; and to amend and reenact §18-8-11 of said code, all relating to the denial or suspension of a driver's license of any student between the ages of fifteen and eighteen who withdraws from school or fails to receive passing grades.
Referred to the Committee on Education; and then to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Joint Resolution No. 5--Proposing an amendment to the Constitution of the State of West Virginia, amending section one, article X thereof, relating to authorizing the exemption from ad valorem taxation personal property inventory in the form of raw materials, goods in process and finished goods employed exclusively in or resulting exclusively from manufacturing; 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.
Senators Love and White offered the following resolution:
Senate Concurrent Resolution No. 1--Requesting the Division of Highways name bridge number 51-20-20.27 (4114) on Route 20 in Webster Springs, Webster County, the "Kenny Ray Hamrick Memorial Bridge".
Whereas, Kenny Ray Hamrick, a life-long resident of Webster Springs, operated several successful businesses, including Hamrick's Texaco and Restaurant, and served as a city councilman as well; and
Whereas, Kenny Ray Hamrick served his country faithfully and courageously in World War II, earning two Purple Hearts and two Bronze Stars for uncommon and exceptional acts of valor; and
Whereas, Kenny Ray Hamrick was a generous and charitable citizen of Webster Springs, frequently offering people who were down on their luck free meals at his restaurant while extending them credit for gasoline at his filling station; and
Whereas, It is fitting that this bridge be named for Kenny Ray Hamrick to honor his generosity and compassion; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 51-20-20.27 (4114) on Route 20 in Webster Springs, Webster County, the "Kenny Ray Hamrick 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 "Kenny Ray Hamrick 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 and Kenny Ray Hamrick's son, Kevin R. Hamrick.
Which, under the rules, lies over one day.
Senator White offered the following resolution:
Senate Concurrent Resolution No. 2--Requesting the Joint Committee on Government and Finance study developing tourism attractions and amenities in less-developed counties of West Virginia.
Whereas, West Virginia is rich with cultural and historical sites, most of which are located in rural areas of the state; and
Whereas, Workforce development is essential to benefit small tourism entities and rural areas of West Virginia; and
Whereas, It is in the best interests of the state to induce the creation, expansion and improvement of tourism attractions and amenities within the counties of West Virginia that are less developed and have high unemployment rates; and
Whereas, The development of tourism attractions and amenities will help relieve unemployment by preserving and creating jobs in counties that are less developed, as well as generate tax revenues for the support of essential public services in those counties; and
Whereas, A thorough study should examine how to attract the development of tourism attractions and amenities in counties of West Virginia that are less developed. This study should include discussions of possible tax incentives to be offered in order to enlarge the interests of businesses and investors; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study developing tourism attractions and amenities in less-developed counties of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, 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 Stollings offered the following resolution:
Senate Concurrent Resolution No. 3--Requesting the Legislative Oversight Commission on Education Accountability work with state agencies to explore options to improve school health.
Whereas, West Virginia schools should identify the needs and gaps of school health by using the School Health Index Assessment and pursue a coordinated approach to school health as described in this report; and
Whereas, The Office of Healthy Schools in the Department of Education should provide technical assistance and support to help schools conduct the assessment and achieve a coordinated school health system; and
Whereas, A point of coordination and accountability should be established for all types of health screenings at both the county and state level which can answer key questions such as the number of children screened, types of screenings performed and children who needed referrals and further services; and
Whereas, Each county school system should seek to establish a school health system which includes coordination between school health nurses, school-based health centers, local medical, dental and mental health services and public health resources; and
Whereas, The principles of prevention, medical home and chronic disease management should be a part of every school system; and
Whereas, The West Virginia Department of Education, Bureau for Public Health, Bureau for Behavioral Health and Healthy Lifestyles Coalition should work together to assess the physical, social and emotional environment of schools; and
Whereas, All county boards of education should promote staff wellness programs that encourage healthy lifestyles among staff in order to improve productivity and model healthy behaviors; and
Whereas, It is the responsibility of government, education, public health, behavioral health, communities and private practitioners to build an environment which addresses the needs of healthy lifestyles, including, but not limited to, education and school health; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislative Oversight Commission on Education Accountability is hereby requested to work with state agencies to explore options to improve school health; and, be it
Further Resolved, That the Legislative Oversight Commission on Education Accountability report to the regular session of the Legislature, 2009, 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; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the West Virginia Department of Education, Bureau for Public Health, Bureau for Behavioral Health, Healthy Lifestyles Coalition, West Virginia School-Based Health Assembly and West Virginia Association of School Nurses.
Which, under the rules, lies over one day.
Senator Bailey offered the following resolution:
Senate Concurrent Resolution No. 4--Urging Congress pass the Employee Free Choice Act.
Whereas, The freedom to form or join a union is internationally recognized as a fundamental human right; and
Whereas, In 1935 the United States established, by law, that workers must be free to form unions; and
Whereas, Union membership provides workers with better wages and benefits and protection from discrimination and unsafe workplaces; and
Whereas, Unions benefit communities by strengthening tax bases, promoting equal treatment and enhancing civil participation; and
Whereas, When the right of workers to form a union is violated, wages fall, race and gender pay gaps widen, workplace discrimination increases and job safety standards disappear; and
Whereas, The Employee Free Choice Act has been introduced in Congress in order to restore a worker's freedom to join a union; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges Congress to pass the Employee Free Choice Act; and, be it
Further Resolved, That the Legislature hereby supports the Employee Free Choice Act which would authorize the National Labor Relations Board to certify a union as the bargaining representative when a majority of employees voluntarily sign authorizations designating that union to represent them, provide for first contact mediation and arbitration and establish meaningful penalties for violations of a worker's freedom to choose a union; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the members of West Virginia's congressional delegation.
Which, under the rules, lies over one day.
Senator Bailey offered the following resolution:
Senate Concurrent Resolution No. 5--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, 2009, 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 Foster offered the following resolution:
Senate Concurrent Resolution No. 6--Requesting the Joint Committee on Government and Finance study the benefits, costs and feasibility of establishing a West Virginia Universal Voluntary Accounts Program to assist private employers in offering employees an optional retirement plan.
Whereas, Approximately 60 percent of West Virginia workers are not covered by retirement plans at work; and
Whereas, A substantial number of West Virginia workers reach retirement age without retirement funds or personal savings in an amount, when added to Social Security income, sufficient to maintain a healthy, comfortable and secure retirement; and
Whereas, Pension benefits to augment Social Security payments are critical for the long-term well-being of West Virginia's senior citizens and to protect the state from the burden of caring for seniors with inadequate incomes; and
Whereas, Administrative and cost hurdles discourage many small businesses from offering pension benefits to employees; and
Whereas, The provision of a low-cost, convenient and portable pension plan offering easy participation by small business owners provides workers a convenient way to invest in their own retirement security; and
Whereas, A system of defined contribution accounts administered by the state, but funded entirely by voluntary employee and employer contributions, will encourage employees to save for their retirement and encourage employers to offer the benefit; and
Whereas, Other states are studying state-administered universal voluntary accounts as a means of providing low-cost plans that offer portability between jobs and immediate and convenient access with no vesting period; therefore, be it
Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the benefits, costs and feasibility of establishing a West Virginia Universal Voluntary Accounts Program to assist private employers in offering employees an optional retirement plan; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, 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 Helmick offered the following resolution:
Senate Concurrent Resolution No. 7--Requesting the Joint Committee on Government and Finance study state agencies' use of meeting facilities at state parks, state forests and other state- owned and -operated facilities.
Whereas, Almost every agency of state government conducts training, seminars and meetings for its employees throughout the year; and
Whereas, Many of these meetings are held throughout the state at privately operated venues in close proximity to state-owned and -operated meeting facilities; and
Whereas, There are potential savings to state agencies and the state from the use of state-owned and -operated facilities and these facilities may benefit by having lower vacancy rates and full-year activities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study state agencies' use of meeting facilities at state parks, state forests and other state-owned and -operated facilities; and, be it
Further Resolved, That the Joint Committee on Government and Finance study the cost effectiveness of requiring state agencies to use these state-owned and -operated facilities for meetings and training and whether these facilities are available for use by state agencies; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, 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 Bailey, Edgell and Green offered the following resolution:
Senate Concurrent Resolution No. 8--Requesting the Division of Highways name bridge number 41-64-123.03 (3387)in Beaver, Raleigh County, the "Major Jeff L. Davis Memorial Bridge".
Whereas, Jeff L. Davis was born December 13, 1946, in Fayette County; and
Whereas, Jeff L. Davis served his nation as member of the United States Army from July 2, 1964, through April 10, 1967. He was stationed at Fort Bragg, North Carolina, Fort Jackson, South Carolina, the Dominican Republic and Vietnam and was honorably discharged at the rank of Sergeant; and
Whereas, Jeff L. Davis was a member of the 18th Cadet Class of the West Virginia State Police Academy and graduated in May, 1968; and
Whereas, Jeff L. Davis received a Bachelor of Arts in Criminal Justice from West Virginia State College in 1979; and
Whereas, Jeff L. Davis retired at the rank of Major from the West Virginia State Police in August, 1994, after serving 26 years and three months; and
Whereas, Sadly, while serving in the position of Deputy Director of the Public Service Commission's Transportation Division, the career of Jeff L. Davis was cut short by his death on January 9, 2006; and
Whereas, Jeff L. Davis is survived by his wife Peggy Ann Davis, sons Jeff and Jeffrey and grandson Cass; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 41-64-123.03 (3387) in Beaver, Raleigh County, the "Major Jeff L. Davis 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 "Major Jeff L. Davis 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 and the family of Jeff L. Davis.
Which, under the rules, lies over one day.
Senators Foster, McCabe and Hunter offered the following resolution:
Senate Concurrent Resolution No. 9--Requesting the Joint Committee on Government and Finance study beverage container recycling.
Whereas, In order for the State of West Virginia to meet the requirements of the West Virginia Recycling Act, which mandates recycling goals of 50 percent by January 1, 2010, it is imperative that new opportunities for recycling be developed; and
Whereas, Beverage containers are the most valuable and recyclable commodity in the waste stream and make up a significant portion of the state's litter. The discarding of these containers is an unnecessary addition to the state's litter problem and its solid waste disposal system; and
Whereas, A deposit system for beverage containers, similar to those in place in other states, would place a small refundable deposit on beverages sold in West Virginia which, in turn, could reduce the volume of waste and litter, increase recycling opportunities, contribute to the existing recycling system and create new jobs and wider employment in the recycling industry; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study beverage container recycling; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, 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 Deem offered the following resolution:
Senate Concurrent Resolution No. 10--Requesting the Joint Committee on Government and Finance study predatory mortgage lending practices.
Whereas, Certain financial institutions are aggressively recruiting customers for high-cost mortgage loans, often lending amounts which the customer can clearly never afford to repay; and
Whereas, This practice is commonly referred to as predatory lending or predatory mortgage lending; and
Whereas, Many of these institutions appear to be intent upon making those mortgage loans for the purpose of foreclosure in order to acquire the customers' homes. Many of these mortgage loans contain onerous terms that make them virtually impossible for some customers to repay; and
Whereas, Approximately one half of the states regulate predatory mortgage lending; and
Whereas, The citizens of West Virginia would benefit from a study to determine to what extent and in what manner the State of West Virginia should regulate predatory mortgage lending; and
Whereas, To determine the most effective means of regulating this industry, as well as to determine the impact of such action upon West Virginia citizens, it is necessary to study the practice of predatory mortgage lending; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study predatory mortgage lending practices; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, 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 Chafin, McCabe and Plymale offered the following resolution:
Senate Concurrent Resolution No. 11--Requesting the Joint Committee on Government and Finance study developing statutes and rules to provide for sequestration of greenhouse gases.
Whereas, Legislative action regarding the regulation of greenhouse gas emissions from fossil fuels are a source of debate at the federal level; and
Whereas, Regulation concerning sequestration of any greenhouse gases will be the responsibility of the states; and
Whereas, West Virginia statutes and rules do not comprehensively address sequestration of greenhouse gases; and
Whereas, The viability of new energy projects within the state require assurances to investors on the impact of such statutes and rules; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study developing statutes and rules to provide for sequestration of greenhouse gases; and, be it
Further Resolved, That the study identify legislative options for the state to create an environment which produces a competitive advantage for West Virginia in attracting new fossil fuel projects through comprehensive greenhouse gas sequestration statutes and rules; and, be it
Further Resolved, That the study include physical and regulatory analogies for regulatory oversight and management of liability created by sequestration of greenhouse gases; and, be it
Further Resolved, That the study clarify equitable mechanisms for the compensation of mineral owners for greenhouse gas sequestration and those sequestering for incremental mineral production; and, be it
Further Resolved, That the study identify the legislative parameters that should be imposed on predictive models and monitoring of sequestered greenhouse gases; and, be it
Further Resolved, That the study identify means by which regulatory compliance can limit liability; and, be it
Further Resolved, That the study describe options for statute of limitations for greenhouse gases that might be sequestered through multiple generations; and, be it
Further Resolved, That the study clarify the ownership of the pore spaces in mineral deposits once natural gas and/or petroleum have been recovered, as well as the ownership of sequestered greenhouse gases; and, be it
Further Resolved, That the study clarify the role of the Underground Injection Control Program in greenhouse gas sequestration; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, 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 Jenkins and Plymale offered the following resolution:
Senate Concurrent Resolution No. 12--Requesting the Division of Highways name bridge number 2890, unofficially called the Russell Creek Bridge, in Huntington, Cabell County, the "Michael Dale Thomas Memorial Bridge".
Whereas, Michael Dale Thomas, a naval corpsman, served his country and state during the Vietnam War; and
Whereas, Sadly, Michael Dale Thomas was killed in action on January 11, 1969, in the Quang Nam province of South Vietnam; and
Whereas, The Russell Creek Bridge spans the Guyandotte River and connects U. S. Route 60 East with Riverside Drive and 5th Street in Altizer Addition; and
Whereas, Michael Dale Thomas lived on 4th Street in Altizer, less than two blocks from the bridge; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 2890, unofficially called the Russell Creek Bridge, in Huntington, Cabell County, the "Michael Dale Thomas 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 "Michael Dale Thomas 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 and the family of the late Michael Dale Thomas.
Which, under the rules, lies over one day.
Senator Jenkins offered the following resolution:
Senate Concurrent Resolution No. 13--Requesting the Joint Committee on Government and Finance direct the Legislative Oversight Commission on Health and Human Resources Accountability to study the potential benefits of sexual assault nurse examiner (SANE) programs.
Whereas, Sexual assault is a prevalent crime that has a devastating long-term impact on all victims. In the United States, one in three women and one in seven men have been victims of sexual assault and one in four girls and one in six boys will be sexually victimized before reaching age 18; and
Whereas, Of the approximately 750,000 adult women living in West Virginia, approximately 85,000 have been sexually assaulted at least once during their lives; and
Whereas, Formal training of registered nurses to become sexual assault nurse examiners (SANE) is essential for conducting the forensic examination of the victim of a sexual assault; and
Whereas, Currently there are approximately 159 registered nurses trained as SANEs in 38 of the 69 licensed medical facilities in the State of West Virginia; and
Whereas, A SANE program may be tailored to the needs of any locality or region to provide a victim-sensitive solution to systemic gaps in response to sexual assault victims; and
Whereas, The Regional Mobile SANE Project proved extremely successful its first year of operation in the northern part of the state. The project allowed four hospitals to share trained nurses and resulted in 24-hour-a-day, seven-day-a-week coverage for all four hospitals; and
Whereas, The West Virginia Foundation for Rape Information and Services, the Marshall University Forensic Science Center and the West Virginia State Police Crime Laboratory together have provided classroom-based SANE training to registered nurses in the State of West Virginia since 2001 and are interested in developing and utilizing distance education modalities in the future; 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 to study the potential benefits of sexual assault nurse examiner (SANE) programs; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability determine the benefits to each licensed medical facility in West Virginia of participating in a regional alliance of facilities sharing a pool of fully trained SANE nurses; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability assess prosecution of cases involving forensic evidence collected by SANEs to determine whether more licensed health care facilities should participate; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability explore the possibility of using distance education modalities associated with institutions of higher education to promote future SANE training in the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, 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 White and Hunter offered the following resolution:
Senate Concurrent Resolution No. 14--Requesting the Joint Committee on Government and Finance study the feasibility of a national park in the High Allegheny Region of West Virginia.
Whereas, The High Allegheny Region of West Virginia, which comprises portions of the Monongahela National Forest, Blackwater Falls State Park, Seneca Rocks, portions of Canaan Valley and the Blackwater Canyon area, is an important natural, cultural, economic and recreational resource in the state; and
Whereas, The High Allegheny Region of West Virginia has substantial natural areas and habitats which are assets to the people of West Virginia and the nation and provide important amenities for residents and visitors that encourage retirement home development, tourism and other business development that is crucial to the future of the region and the state; and
Whereas, There is a need for consistent, professional and well-funded management of the key natural areas and public lands in the High Allegheny Region of West Virginia in order to conserve and enhance these important assets and to provide for optimal and sustainable economic development of the area; and
Whereas, Economic studies have consistently shown important long-term economic benefits from the creation of national parks to manage important natural areas and protected public lands; and
Whereas, West Virginia, although home to some of the most beautiful areas in the eastern United States, has only four units of the National Park System, by far the lowest in the region; and
Whereas, There is reason to believe that establishment of a High Allegheny National Park in West Virginia will have a positive economic impact on the state in the following ways: (1) Increased revenue for county governments in the form of payments from the National Park Service; (2) increased employment from the National Park Service and from the related growth of the tourism, retirement and recreational industries; (3) increased net migration to the area; (4) increased private property values; (5) increased tax revenue for county governments from retirement home ownership; (6) decreased local and state burden on public land infrastructure and management; (7) increased tourism-related spending in local communities; and (8) improved management of key natural areas and protected public lands; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of a national park in the High Allegheny Region of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to determine the benefits and costs of the development of a High Allegheny National Park as well as study the economic development potential, job creation potential and tourism value; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to determine the use of lands that could be incorporated in a High Allegheny National Park; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2009, 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 and Hunter offered the following resolution:
Senate Concurrent Resolution No. 15--Requesting the Joint Committee on Government and Finance study taxation and valuation of managed timberland.
Whereas, The West Virginia Legislature has found and declared in section eleven, article one-c, chapter eleven of the Code of West Virginia that public welfare is enhanced by encouraging and sustaining the abundance of high quality forest land within the State; that economic pressures may force industrial, residential or other land development inconsistent with sustaining the forests; and that tax policy should provide an incentive for private owners of forest land to preserve the character and use of land as forest land and to make management decisions which enhance the quality of the future forest; and
Whereas, In exercising the authority granted by the provisions of section fifty-three, article VI of the Constitution of West Virginia, the Legislature declared and provided that managed timberland shall be valued as managed timberland when it is managed under a cooperative contract with the Division of Forestry; and
Whereas, It is believed that managed timberland valuation may be depriving certain counties of needed revenue and impeding economic development in one or more counties; and
Whereas, The majority of West Virginia's forests are owned by nonindustrial private landowners; and
Whereas, Less than one fourth of eligible forest land has been enrolled as managed timberland; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study taxation and valuation of managed timberland; and, be it
Further Resolved, That the Joint Committee on Government and Finance should consider whether the findings, purposes and declarations of the Legislature as set forth in section eleven, article one-c, chapter eleven of the Code of West Virginia continue to meet appropriate standards of equity, efficiency and fairness; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, 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 Love and Hunter offered the following resolution:
Senate Concurrent Resolution No. 16--Requesting the Joint Committee on Government and Finance study the elimination of "dead spots" in wireless coverage in West Virginia.
Whereas, Telecommunications infrastructure is essential for all economies to compete in a global marketplace; and
Whereas, As a rural state, West Virginia is particularly dependent on wireless communication services to connect West Virginia businesses and communities to the global community; and
Whereas, A strong telecommunications infrastructure can be a catalyst for encouraging entrepreneurial activity, expanding cultural and tourism opportunities, creating new technology and financial sector jobs, rebuilding our downtown areas and enhancing the overall economic health of our communities; and
Whereas, A strong telecommunications infrastructure is not possible when West Virginia's wireless communications network is plagued by poor service quality and it is common that even when a carrier generally offers coverage in a geographic area, service for individual calls are not available due to the existence of numerous areas within the coverage area where service is not available because the signal between the handset and the cell tower is blocked, commonly referred to as "dead spots"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the elimination of "dead spots" in wireless coverage in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance consider ways it can encourage wireless carriers to work collectively in eliminating the "dead spots" to provide seamless wireless coverage throughout West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2009, 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 Stollings and Plymale offered the following resolution:
Senate Concurrent Resolution No. 17--Requesting that the Legislative Oversight Commission on Health and Human Resources Accountability study the availability of medical rehabilitation centers for state residents.
Whereas, West Virginia Medicaid currently does not pay for inpatient medical rehabilitation for persons older than 21 years of age; and
Whereas, Until recently, the West Virginia Rehabilitation Center, located in Institute, Kanawha County, had an inpatient unit that was able to provide care for patients who lacked other funding; and
Whereas, The West Virginia Rehabilitation Center is no longer providing inpatient medical rehabilitation services; and
Whereas, West Virginians on Medicaid receive inpatient medical rehabilitation only if the hospital or free-standing rehabilitation center provides charity care; and
Whereas, Inpatient medical rehabilitation is a medically necessary treatment for many conditions, including stroke, traumatic brain injury, spinal cord injury and other conditions resulting from disease and trauma; and
Whereas, For these patients, equivalent outcomes cannot always be achieved in acute care hospital settings, nursing homes, home health or outpatient facilities; and
Whereas, Inpatient medical rehabilitation has been shown to improve function, decrease subsequent medical morbidity and, in some cases, allow patients to become economically self-sufficient; and
Whereas, That to provide Medicaid funding for adult rehabilitation services, it is essential that the West Virginia Medicaid program receive adequate funding to allow all West Virginians to maximize their recovery from severe disabling conditions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislative Oversight Commission on Health and Human Resources Accountability is hereby requested to study the availability of medical rehabilitation centers for state residents; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability study the feasibility of Medicaid reimbursement for adults receiving treatment from such facilities and the funding necessary to provide such services; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability report to the regular session of the Legislature, 2009, 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 Legislative Oversight Commission on Health and Human Resources Accountability.
Which, under the rules, lies over one day.
Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, January 11, 2008, at 11 a.m.
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