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sdj-02nd day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

SECOND DAY

____________

Charleston, W. Va., Thursday, January 12, 2012

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

     Prayer was offered by Monsignor Frederick P. Annie, Vicar General and Moderator of the Curia, Roman Catholic Diocese of Wheeling-Charleston, West Virginia, and President, West Virginia Council of Churches, Charleston, West Virginia.
     Pending the reading of the Journal of Wednesday, January 11, 2012,
     On motion of Senator Beach, 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 Children's Health Insurance Program, submitting its annual report as required by chapter five, article sixteen-b, section three of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Clerk presented a communication from the Board of Chiropractic, submitting it biennial report for fiscal years 2010 and 2011, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Clerk presented a communication from the Department of Environmental Protection, submitting the annual report of the Oil and Gas Operating Permit and Processing Fund as required by chapter twenty-two, article six, section twenty-nine of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Clerk presented a communication from the Department of Environmental Protection, submitting the annual report of the Oil and Gas Reclamation Fund, in accordance with chapter twenty-two, article six, section twenty-nine of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Clerk presented a communication from the Division of Personnel, submitting its annual report as required by chapter twenty-nine, article six, 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 State Board of Registration for Professional Engineers, submitting its biennial report for fiscal years 2010 and 2011, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Clerk presented a communication from the Board of Professional Surveyors, submitting its biennial report for fiscal years 2010 and 2011 as required by chapter thirty, article one, section twelve of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Clerk presented a communication from the Board of Examiners of Psychologists, submitting its biennial report for fiscal years 2010 and 2011, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Clerk presented a communication from the Board of Sanitarians, submitting its biennial report for fiscal years 2010 and 2011 as required by chapter thirty, article one, section twelve of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Kessler (Mr. President) presented a communication from the James "Tiger" Morton Catastrophic Illness Commission, submitting its annual recommendation to the Legislature regarding appropriations from the Catastrophic Illness Fund, in accordance with chapter eighteen-b, article five-q, section two of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Kessler (Mr. President) presented a communication from the Offices of the Insurance Commissioner, submitting its annual Workers' Compensation Maximum Reimbursement Fee Schedule 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.
     Senator Kessler (Mr. President) presented a communication from the Water Development Authority, submitting its annual report, in accordance with chapter twenty-two-c, article one, section seventeen of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
     By Senators Foster, Palumbo, Klempa, Fanning, Unger, Kessler (Mr. President), Jenkins, Browning, Kirkendoll, Wills, Yost, Stollings and McCabe:
     Senate Bill No. 161--A Bill to amend and reenact §49-6A-2 and §49-6A-8 of the Code of West Virginia, 1931, as amended, all relating to increasing the persons mandated to report abuse and neglect of children; and increasing the criminal penalties for failure to report.
     Referred to the Committee on the Judiciary.
     By Senator Foster:
     Senate Bill No. 162--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-19, relating to requiring electric utilities to implement least-cost plans; requiring the Public Service Commission to order development of least-cost plans; including minimum requirements and deadlines for the plans; requiring commission review, public hearing and acceptance, rejection or modification of the plan; and addressing the commission's use of the plan.
     Referred to the Committee on the Judiciary.
     By Senators Foster, Plymale, Jenkins and Klempa:
     Senate Bill No. 163--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22l; and to amend said code by adding thereto a new section, designated §18-7A-26w, all relating to providing one- time supplements to all annuitants of the Public Employees Retirement System and Teachers Retirement System.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senators Tucker, Yost, Barnes, Plymale and Wills:
     Senate Bill No. 164--A Bill to amend and reenact §25-1A-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §25-1A-6a, all relating to sanctions imposed against prisoners for filing certain frivolous, malicious or harassing litigation and unmerited administrative complaints; and sanctions imposed against prisoners for filing certain frivolous, malicious or harassing litigation against licensed professionals providing services to the state and inmate population.
     Referred to the Committee on the Judiciary.
     By Senators Laird, Tucker, Yost, Barnes, Plymale, Unger and Wills:
     Senate Bill No. 165--A Bill to amend and reenact §61-8B-10 of the Code of West Virginia, 1931, as amended, relating to imposition of sexual intercourse or sexual intrusion on incarcerated persons; sexual abuse by employees of the Division of Corrections, Division of Juvenile Services and the Regional Jail and Correctional Facility Authority on incarcerated persons; and penalties.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Laird, Tucker, Yost, Barnes, Plymale, Unger, Miller, Jenkins, Wills and Klempa:
     Senate Bill No. 166--A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to making it a felony to disarm or attempt to disarm correctional officers.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Laird, Snyder, Browning, Nohe, Plymale, Miller and Wills:
     Senate Bill No. 167--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-5-2a, relating to authorizing county officers to accept credit cards as a form of payment.
     Referred to the Committee on Government Organization.
     By Senators Laird, Kessler (Mr. President), Browning, Edgell, Miller, Hall, Snyder, Plymale, Unger, Jenkins, Wills, Klempa and Yost:
     Senate Bill No. 168--A Bill to amend and reenact §7-7-1 and §7-7-4 of the Code of West Virginia, 1931, as amended, all relating to compensation of elected county officials and county commissioners for each class of county; legislative findings; and authorizing increasing this compensation after July 1, 2012.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     Senators Wells, Yost, Edgell, D. Facemire, Helmick, Sypolt, Jenkins, Browning, Kirkendoll, Wills, Klempa and Stollings offered the following resolution:
     Senate Concurrent Resolution No. 3--Requesting the Joint Committee on Government and Finance to continue studying the needs, challenges and issues facing West Virginia military veterans, West Virginia citizens serving in the Armed Forces of the United States, the West Virginia National Guard and other military affairs of the State of West Virginia.
     Whereas, The State of West Virginia has a proud heritage of military service members, veterans and military family members; and
     Whereas, West Virginia is home to more military service members and veterans per capita than any other state in the nation;
and
     Whereas, The West Virginia National Guard is continuously above service and preparedness strength, has been repeatedly recognized as one of the top forces in the country and its members are nationally renowned for their professionalism, courage and commitment to duty; and
     Whereas, Department of Defense projections indicate that most troops deployed to Iraq will return by the end of 2011 and from Afghanistan by 2012, which will result in an abrupt increase of troops returning to civilian life facing unprecedented readjustment
challenges; and
     Whereas, Additionally, aging veterans of previous conflicts are facing worsening problems as they enter their retirement years; and
     Whereas, The Legislature finds that it should take an active role in studying, formulating and implementing resources and programs that support West Virginia citizens serving in the Armed Forces of the United States, the West Virginia National Guard as well as veterans of military service to better assist them and their family members in getting the care, services and opportunities that they have earned and deserve; and
     Whereas, The Select Committee on Veterans Affairs has a demonstrated history of initiating legislation promoting and facilitating the establishment of programs to assist returning veterans, including, but not limited to, the veteran friendly campus legislation as well as legislation to establish a program for veteran friendly communities and continues to monitor the implementation and development of such programs; and
     Whereas, Because of the state's consistent resident and citizen support of the nation's armed forces and the West Virginia National Guard, the Legislature of West Virginia should continue to receive input on and develop measures on a continuing basis during interim periods in order to provide the best available educational, vocational, social and medical support services for our state's military personnel and veterans that it can; and
     Whereas, The interim Select Committee on Veterans Affairs provides the Legislature a means to continuously monitor and develop various programs and resources to assist our state's military personnel and military veterans; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to continue studying the needs, challenges and issues facing West Virginia military veterans, West Virginia citizens serving in the Armed Forces of the United States, the West Virginia National Guard and other military affairs of the State of West Virginia; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2013, on its findings, conclusions and recommendations together with drafts of any legislation 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 Miller, Foster, Helmick, Plymale, Hall, Laird, Jenkins, Klempa and Stollings offered the following resolution:
     Senate Concurrent Resolution No. 4--Urging legislative support of the recommendations included in the West Virginia Partnership for Elder Living's Make a Plan for Alzheimer's Final Report and Recommendations.
     Whereas, According to the Alzheimer's Association, 44,000 West Virginians over 65 have Alzheimer's and 4,000 individuals under 65 have younger-onset Alzheimer's; and
     Whereas, The number of West Virginians with Alzheimer's is expected to rise dramatically as the state's 500,000 baby boomers enter the age period at the greatest risk for developing the disease; and
     Whereas, The Make a Plan for Alzheimer's initiative was created to develop a long-term plan to address Alzheimer's disease in West Virginia; and
     Whereas, The present and future impact of Alzheimer's disease and related dementias in West Virginia demands the implementation of solutions directed at improving quality of care; the training and awareness of healthcare providers, families and the public; and fostering research into all aspects of the disease; and
     Whereas, These recommendations will provide more information regarding Alzheimer's disease to patients, families, caregivers, the medical community and policymakers; expand care and improve the quality of care available to Alzheimer's patients; and equip families and health care workers with the training, tools and resources they need to better care for individuals living with Alzheimer's; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the West Virginia Legislature supports the recommendations included in the West Virginia Partnership for Elder Living's Make a Plan for Alzheimer's Final Report and Recommendations; and, be it
     Further Resolved, That the West Virginia Legislature will work to adopt legislation to support and appropriate funding to implement the recommendations included in the Make a Plan for Alzheimer's Final Report and Recommendations.
     Which, under the rules, lies over one day.
     Senators Beach, Plymale, Unger, Jenkins, Browning, Klempa, Williams and Kessler (Mr. President) offered the following resolution:
     Senate Resolution No. 3--Recognizing the importance of our highway system and urging Congress to fully fund the construction and maintaining of our highway system by enacting a fully funded six-year federal highway reauthorization bill.
     Whereas, West Virginia's extensive system of roads, highways and bridges provides the state's residents, visitors and businesses with a high level of mobility; and
     Whereas, As West Virginia looks to enhance and build a thriving, growing and dynamic state, it will be critical that it is able to provide a 21st Century network of roads, highways and bridges that can accommodate the mobility demands of a modern society; and
     Whereas, The U. S. and West Virginia look to rebound from the current economic downturn, improving the state's transportation system could play an important role in enhancing West Virginia's economic well being by providing critically needed jobs in the short term and by improving the productivity and competitiveness of the state's businesses in the long term; and
     Whereas, West Virginia is one of only four states (Delaware, North Carolina, and Virginia are the others) that takes care of both state and county roads; and
     Whereas, West Virginia's Department of Transportation has responsibility for roughly 39,000 miles of public highway mileage, which makes it the sixth-largest state maintained highway network in the nation; and
     Whereas, West Virginia leads the nation in percentage (94 percent) of miles that are state maintained; and
     Whereas, Vehicle travel in West Virginia increased by 33 percent from 1990 to 2007 - jumping from 15.4 billion vehicle miles traveled in 1990 to 20.6 billion in 2007; and
     Whereas, By 2025 vehicle travel in West Virginia is projected to increase by another 25 percent; and
     Whereas, $38 billion in goods are shipped from sites in West Virginia and another $37 billion in goods are shipped annually to sites in West Virginia, mostly by truck; and
     Whereas, Commercial trucking in West Virginia is projected to increase 36 percent by 2020; and
     Whereas, West Virginia's highway fatality rate is the third the highest in the nation; and
     Whereas, Since FY 1994 the state's Road Fund has experienced a decline of nearly one-third in the real value of total dedicated tax revenues; and
     Whereas, The WVDOT projects a transportation funding shortfall of approximately $5 billion from 2009 to 2018; and
     Whereas, The federal surface transportation program, which is set to expire March 31, 2012, is an essential source of funding for the construction, maintenance and improvement of West Virginia's highway system but inadequate revenue being collected into the Federal Highway Trust Fund could result in West Virginia's federal highway dollars being cut by 35 percent in 2013; and
     Whereas, Roads in need of repair cost each West Virginia motorist an average of $280 annually in extra vehicle operating costs - $371 million state-wide - from accelerated vehicle depreciation, additional repair costs, and increased fuel consumption and tire wear; and
     Whereas, A 2007 analysis by the Federal Highway Administration found that every $1 billion invested in highway construction would support approximately 27,800 jobs, including approximately 9,500 in the construction sector, approximately 4,300 jobs in industries supporting the construction sector, and approximately 14,000 other jobs induced in non-construction related sectors of the economy; and
     Whereas, Transportation funding challenges and possible shortfalls could result in job losses for many West Virginians whose employment is connected directly to the state's construction or engineering industries?or whose business or jobs are dependent on a safe, modern and reliable transportation infrastructure; and
     Whereas, Twenty-four organizations and groups, representing business, labor, travel and tourism, local governments and transportation authorities, are assembled today here at the Capitol to point out the dire circumstances facing our state's roads, bridges and highways and to showcase the united support for maintaining and growing a modern, efficient and safe transportation system; therefore, be it
     Resolved by the Senate:
     That the Senate recognizes the importance of our highway system and urges Congress to fully fund the construction and maintaining of our highway system by enacting a fully funded six- year federal highway reauthorization bill; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Majority Leader of the United States Senate and the Speaker of the United States House of Representatives.
     At the request of Senator Beach, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     On motion of Senator Unger, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 1, Requesting DOH name bridge in Mingo County "Brittany Nicole Dentro Memorial Bridge".
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
     Senate Concurrent Resolution No. 2, Requesting DOH name bridge in Monongalia County "Colonel Zackquill Morgan Memorial Bridge-Founder of Morgantown".
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
     The Senate proceeded to the eleventh order of business and the introduction of guests.
     The Senate then proceeded to the twelfth order of business.
     Remarks were made by Senator Wells.
     Thereafter, at the request of Senator Palumbo, and by unanimous consent, the remarks by Senator Wells were ordered printed in the Appendix to the Journal.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, January 13, 2012, at 11 a.m.
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