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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