sdj-38th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
THIRTY-EIGHTH DAY
____________
Charleston, W. Va., Friday, February 18, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Bill Bartlett, Former
Pastor of the Maranatha Baptist Church,
Charleston,
West Virginia.
Pending the reading of the Journal of Thursday, February 17,
2011,
On motion of Senator McCabe, 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.
On motion of Senator Unger, the Senate recessed for five
minutes to permit Kurt James to address the Senate on behalf of the
Frasure-Singleton Student Legislative Program.
Upon expiration of the recess, the Senate reconvened and
proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2555--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §17C-14-15, relating to establishing the
misdemeanor offense of operating a motor vehicle while sending,
reading or receiving a text message; providing exceptions;
providing definitions; and establishing a traffic offense for
violations which may not be considered a misdemeanor; and providing
for penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect from passage, of
Eng. Com. Sub. for House Bill No. 2696, Authorizing the county
commission of Boone County to transfer its title and interests in
the Boone Memorial Hospital.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2882--A Bill to amend and
reenact §31A-2-8 of the Code of West Virginia, 1931, as amended,
relating to the Commissioner's Assessment and Examination Fund;
allowing the Commissioner of Banking to assess state banking
institutions quarterly rather than on a semiannual basis by
establishing additional assessment dates on April 1 and October 1;
and providing that the Commissioner of Banking shall prepare and
send bank assessments by March 15 and September 15.
At the request of Senator Unger, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2962--A Bill to amend and
reenact §31-17-12 of the Code of West Virginia, 1931, as amended,
relating to imposition of a fine or penalty by the Commissioner of
Banking on residential mortgage brokers and lenders for a violation
of the West Virginia Residential Mortgage Lender, Broker and
Servicer Act; increasing the maximum amount of a fine or penalty
that may be imposed from $1000 to $2000 for each violation;
removing the requirement of prior notification from the
commissioner before a fine or penalty may be imposed upon an
unlicensed person who engages in the business or holds himself or
herself out to the public as a mortgage lender or mortgage broker;
and clarifying that a fine or penalty may be imposed for a
violation of the Act.
At the request of Senator Unger, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 4--Requesting that bridge
number 25-310-5.32 on County Route 310 at mile marker 5.32 in
Walnut Grove, Marion County, West Virginia be named the "PFC Carl
E. Talterson and PFC Joseph W. Sell, Jr. Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 5--Requesting the bridge in
Rachel, Marion County, West Virginia on County Route 44, known as
the Rachel Box Beam Bridge, specifically at mile post 6.49, be
named the "Fletcher Brothers Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 9--Requesting that bridge
number 49-16-9.04 on County Route 16 at mile marker 9.04 in South
Buckhannon, Upshur County, West Virginia be named the "Ronald Lee
Fenstermacher Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 10--Requesting that bridge
number 49-20-8.33 on County Route 20 at mile marker 8.33 in the
community of Arlington, Upshur County, West Virginia be named the
"Everett 'Bud' Currence Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 11--Requesting that bridge
number 49-3-2.46 on County Route 3 at mile marker 2.46 in the
Kesling Mill Community, Upshur County, West Virginia be named the
"Raymon Dale Kesling Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 13--Requesting the Maple Acres
Road in Mercer County, West Virginia, beginning at the intersection
of Route 20 and the Maple Acres Road 19/33 in the community of New
Hope and proceeding on the Maple Acres Road through Glenwood past
the Elks Country Club toward Route 460 and ending at the
intersection with Route 123 West, be named the "Delegate Mike
Porter Memorial Road".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 14--Requesting the Princeton-
Athens Road in Mercer County, West Virginia, beginning at the
intersection of Route 20 and Route 104 in the City of Princeton
(known as "the Athens Crossroads") then proceeding North on Route
20 to the town limits of Athens and continuing with Route 20 and
South State Street and ending at the intersection with Vermillion
Street in Athens, be named the "Senator Don Caruth Memorial Road".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 22--Requesting that bridge
number 49-33-6.09 on Route 33 at mile marker 6.09 in Upshur County,
West Virginia be named the "Delegate Dale F. Riggs Memorial
Bridge".
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Miller, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 17th day of February, 2011, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
Enr. House Bill No. 2557, Extending the time for the Board of
Education of Upshur County to meet as a levying body.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 210, Reimbursing certain fees for course work
completed by teachers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 210 (originating in the
Committee on Education)--A Bill
to amend and reenact §18A-3-3a of
the Code of West Virginia, 1931, as amended, relating to
reimbursement of tuition, registration and other required fees for
course work completed by teachers; limiting reimbursement depending
on grade earned; and placing certain limits on number of courses
per teacher eligible within certain time period and lifetime.
And,
Senate Bill No. 516, Requiring state board establish digital
learning program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 516 (originating in the
Committee on Education)--A Bill
to amend the Code of West Virginia,
1931, as amended, by adding thereto two new sections, designated
§18-2-38 and §18-2-39, all relating to improving public education
results; requiring the state board to promulgate a rule
establishing a high-quality digital learning program; specifying
ten elements the program must encompass which are elements
pertaining to student eligibility, student access, personalized
learning, advancement, content, instruction, digital learning
providers, assessment, accountability, funding and delivery;
recognizing the State Board of Education's Middle School Global 21
initiative including its goals, objectives and process; recognizing
that the State Board of Education is seeking state funding for the
implementation of the initiative; and requiring State Board of
Education to report to the Legislative Oversight Commission on
Education Accountability at certain intervals on the implementation
of the initiative until fully implemented.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 210 and 516) contained
in the preceding report from the Committee on Education were each
taken up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee references,
were then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 238, Redesignating Division of Veterans'
Affairs as Department of Veterans' Assistance.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 238 (originating in the
Committee on Finance)--A Bill
to amend and reenact §4-10-8 of the
Code of West Virginia, 1931, as amended; to amend and reenact
§5F-1-2 of said code; to amend and reenact §5F-2-1 of said code; to
amend and reenact §6-7-2a of said code; to amend and reenact
§9A-1-1, §9A-1-2 and §9A-1-4 of said code; and to amend said code
by adding thereto four new sections, designated §9A-1-1a, §9A-1-1b,
§9A-1-1c and §9A-1-1d, all relating to redesignating the Division
of Veterans' Affairs as the Department of Veterans' Assistance
within the executive branch; establishing the time period for
review of the Department of Veterans' Assistance by the Joint Standing Committee on Government Organization and the Joint
Committee on Government Operations; providing that the Veterans'
Council be part of the Department of Veterans' Assistance;
providing that the department be supervised by a secretary-level
administrator; establishing the salary of the secretary; providing
an effective date for redesignation; making other changes to the
code to comport with the amendment; and providing technical and
clerical cleanup.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 243, Relating to Neighborhood
Investment Program Act.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 15, 2011;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 282, Continuing Highway Design-Build Pilot
Program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 282 (originating in the
Committee on Finance)--A Bill
to amend and reenact §17-2D-2 and
§17-2D-5 of the Code of West Virginia, 1931, as amended, all
relating to continuing the pilot Highway Design-Build Program;
increasing the annual amount allowed to be spent on design-build
projects; authorizing additional projects after the effective date
of this amendment; and providing that individuals involved in the
preliminary planning of a design-build project will not be
authorized to participate in the team selected to construct the
project.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 283, Creating Unintentional Pharmaceutical
Drug Overdose Fatality Review Team.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 283 (originating in the
Committee on Health and Human Resources)--A Bill
to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new
article, designated §61-12A-1, §61-12A-2, §61-12A-3 and §61-12A-4,
all relating to the creation of the Unintentional Pharmaceutical
Drug Overdose Fatality Review Team; setting forth membership of the
team; setting forth responsibilities of the team; requiring the
examination and provision of preventative education in cases that
involve unintentional pharmaceutical drug overdose deaths;
providing for an annual report; setting forth record-keeping
requirements; requiring other state agencies to cooperate with the
team; and granting rule-making authority.
And,
Senate Bill No. 490, Relating to minors obtaining tattoos;
parental consent.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 490 (originating in the
Committee on Health and Human Resources)--A Bill
to amend and
reenact §16-38-3 and §16-38-7
of the Code of West Virginia, 1931,
as amended, all relating to prohibiting minors under the age of
sixteen from obtaining a tattoo; requiring a parent or legal
guardian to be present at the tattoo studio, provide photo
identification and written consent for minors sixteen
years of age
or older; and providing for penalties.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 283 and 490) contained
in the preceding report from the Committee on Health and Human
Resources were each taken up for immediate consideration, read a
first time, ordered to second reading and, under the original
double committee references, were then referred to the Committee on
the Judiciary.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 344, Reducing disincentive for new capital
investment.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 344 (originating in the
Committee on Finance)--A Bill
to amend and reenact §11-6F-2 and
§11-6F-3 of the Code of West Virginia, 1931, as amended, all
relating to reducing the required original cost of manufacturing
facilities and reducing the required cost of the capital addition
when determining eligibility for the special method for appraising such property; and excluding unimproved real property from the
measure of the certified capital addition property.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 362, Increasing excise tax on all tobacco
products.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 362 (originating in the
Committee on Health and Human Resources)--A Bill
to amend
and
reenact §11-17-3 of the Code of West Virginia, 1931, as amended,
relating to increasing the excise tax on cigarettes and all other
tobacco products; establishing a special revenue account; and
designating where the additional revenues are to be transferred.
And,
Senate Bill No. 492, Relating to maximizing federal funding
for state Medicaid program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 492 (originating in the Committee on Health and Human Resources)--A Bill
to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new
section, designated §11-27-38, relating to health care provider
taxes; maximizing federal funding for the state Medicaid program;
increasing the health care provider tax imposed on gross receipts
of providers of certain eligible acute care hospitals contingent
upon federal approval of a Medicaid state plan amendment; providing
for the collection and administration of the increased health care
provider tax on certain eligible acute care hospitals; and
providing effective date and expiration date.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on Finance.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 362 and 492) contained
in the preceding report from the Committee on Health and Human
Resources were each taken up for immediate consideration, read a
first time, ordered to second reading and, under the original
double committee references, were then referred to the Committee on
Finance.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 428, Increasing fees charged by clerk of
circuit court for medical professional liability actions.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (S. B. No. 428) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee reference, was then referred to
the Committee on Finance.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 474, Relating to manufacturer's liability for
prescription drug warning or instruction.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 474 (originating in the
Committee on the Judiciary)--A Bill
to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §55-8-16, relating to choice of law products' liability
claims that are based upon prescription drug manufacturer's alleged failure to warn.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 514, Authorizing legislative rule for Higher
Education Policy Commission regarding authorization of
degree-granting institutions.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 538, Creating Learn and Earn Cooperative
Education Program.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Prezioso, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Education.
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 Senator Sypolt (By Request):
Senate Bill No. 543--A Bill to repeal §8-12-5a of the Code of
West Virginia, 1931, as amended; to repeal §20-2-19a of said code;
to repeal §61-7-6 and §61-7-6a of said code; to repeal §61-7A-1 and
§61-7A-5 of said code; to amend and reenact §2-2-1 of said code; to
amend and reenact §5A-4-3 of said code; to amend and reenact §6-3-1
and §6-3-1a of said code; to amend and reenact §7-1-3 of said code;
to amend and reenact §7-4-1 of said code; to amend and reenact
§7-11-5 of said code; to amend and reenact §7-14E-2 of said code;
to amend and reenact §8-12-5 of said code; to amend and reenact
§8-29B-5 of said code; to amend and reenact §15-2-24b and §15-2-25
of said code; to amend and reenact §15-5-6 and §15-5-19a of said
code; to amend and reenact §17C-2-3 of said code; to amend and
reenact §18C-5-2 of said code; to amend and reenact §18C-6-2 of
said code; to amend and reenact §18C-7-3 of said code; to amend and
reenact §20-1-2 of said code; to amend and reenact §20-2-2a,
§20-2-5, §20-2-5c, §20-2-6, §20-2-6a, §20-2-32, §20-2-37, §20-2-42l, §20-2-42p, §20-2-46e and §20-2-58 of said code; to amend
and reenact §20-7-9 and §20-7-11 of said code; to amend and reenact
§24A-7-6 of said code; to amend and reenact §25-1-11c of said code;
to amend and reenact §27-3-1 of said code; to amend and reenact
§32-4-407 of said code; to amend and reenact §33-41-8 of said code;
to amend and reenact §44A-2-6 of said code; to amend and reenact
§48-27-403, §48-27-502, §48-27-601 and §48-27-1002 of said code; to
amend and reenact §49-2B-3 of said code; to amend and reenact
§50-1-14 of said code; to amend and reenact §55-18-1 of said code;
to amend and reenact §61-5-8 of said code; to amend and reenact
§61-6-1a and §61-6-19 of said code; to amend and reenact §61-7-1,
§61-7-2, §61-7-3, §61-7-4, §61-7-5, §61-7-7, §61-7-9, §61-7-10,
§61-7-11a, §61-7-12 and §61-7-14 of said code; to amend and reenact
§61-7A-2, §61-7A-3 and §61-7A-4 of said code; to amend and reenact
§61-11-9 of said code; to amend and reenact §62-12-6 of said code;
to amend said code by adding thereto a new section, designated
§15-2-25a; to amend said code by adding thereto a new section,
designated §18C-1-6; to amend said code by adding thereto a new
section, designated §27-5-6; to amend said code by adding thereto
a new section, designated §30-29-11; to amend said code by adding
thereto a new section, designated §48-22-804; to amend said code by
adding thereto a new section, designated §55-18-3; to amend said
code by adding thereto ten new sections, designated §61-7-11b,
§61-7-11c, §61-7-13, §61-7-14a, §61-7-15a, §61-7-16, §61-7-17,
§61-7-18, §61-7-19 and §61-7-20; to amend said code by adding
thereto a new section, designated §61-11-27; to amend said code by adding thereto two new sections, designated §64-5-1a and §64-5-1b;
to amend said code by adding thereto a new section, designated
§64-7-3a; to amend said code by adding thereto two new sections,
designated §64-10-3a and §64-10-3b; and to amend said code by
adding thereto a new article, designated §64-12-1 and §64-12-2, all
relating to the regulation of firearms and other deadly weapons;
providing uniform statutory definition of "business days" for
purposes of computation of time; providing that the rights of local
conservators of the peace and reserve deputy sheriffs to keep and
bear arms as private citizens are neither enlarged nor diminished
by virtue of their positions; clarifying various grants of
authority to certain state officers and agents to carry firearms
and concealed weapons while on duty; codifying common-law arrest
powers of prosecuting attorneys and assistant prosecuting
attorneys; repealing special fees for fingerprinting services for
applicants for federal firearm licenses; repealing authority of
municipalities to prohibit the carrying of certain weapons;
limiting access to records pertaining to licenses to carry
concealed weapons, qualified retired law-enforcement officers
qualified to carry concealed firearms pursuant to the federal Law
Enforcement Officers Safety Act of 2004 and licensed hunters,
trappers and fishermen; 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 weapons shall be deemed a West Virginia license to carry
concealed weapons 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; 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; establishing program for issuing
special qualified retired law-enforcement officer concealed firearm
license by the State Police; authorizing legislative rules;
providing that special qualified retired law-enforcement officer
concealed firearm license is cumulative and supplemental;
prohibiting state financial assistance to higher education
institutions that infringe upon an individual's right to keep and
bear arms as provided by law; expanding prohibition on interference
with hunters, trappers and fishermen to include the lawful
possession or control of lawfully taken wildlife; prohibiting
certain harassment, intimidation or threats against hunters, trappers or fishermen; providing exemptions to prohibited acts
relating to interference with hunters, trappers and fishermen;
providing exemption from prohibited acts relating to interference
with hunters, trappers and fishermen for constitutionally protected
activities; increasing criminal penalties for interference with
hunters, trappers and fishermen; providing civil remedies for
unlawful interference with hunters, trappers and fishermen;
clarifying that hunting statutes generally do not prohibit the
otherwise lawful carrying of handguns for self-defense purposes;
exempting persons who are licensed or otherwise authorized to
lawfully carry concealed weapons from certain limitations on how
firearms may be carried or transported; providing additional lawful
means for the transportation of rifles and shotguns in or on
vehicles and vessels; clarifying language on Sunday hunting local
option election ballots to accurately state the nature of the
question propounded; modifying restrictions relating to discharging
firearms near residences, parks and certain other public places;
consolidating and clarifying certain penalty provisions; requiring
notice of a guardianship or conservatorship hearing to include a
warning of the potential consequences of the guardianship or
conservatorship action on the alleged protected person's ability to
lawfully possess firearms; requiring domestic violence protective
orders to contain certain warnings about implications of order on
legality of firearms' possession; clarifying effect of protective
orders on legality of firearms' possession; prohibiting an adoption
agency or entity from making suitability determinations based on, requiring disclosure relating to, or restricting the lawful
possession, storage or use of a firearm or ammunition; providing
immunity from civil liability for certain firearms safety
instructors, course providers, sponsoring organizations and
participants; modifying area covered by prohibition on transporting
restricted articles on correctional facility premises; prohibiting
the taking of lawfully possessed arms and ammunition during a
declared state of emergency or riot; repealing prohibition on
bringing weapons upon the State Capitol Complex; declaring
legislative findings and intent; defining terms; limiting
requirement of license to carry concealed weapons to enumerated
locations; providing additional exemptions to requirement of
license to carry concealed weapons; granting full faith and credit
to all qualified out-of-state licenses or permits to carry
concealed weapons held by qualifying out-of-state licensees;
requiring certain persons who lawfully carry a concealed weapon
without a license to inform the law-enforcement officer and submit
to certain requests by the law-enforcement officer when the person
is contacted by a law-enforcement officer; providing procedures for
ascertaining the existence of a license or other lawful
authorization to carry a concealed weapon; establishing certain
rebuttable presumptions regarding the existence or absence of
evidence of a license or other lawful authorization to carry a
concealed weapon; establishing multiple classes of licenses to
carry concealed weapons; prescribing eligibility criteria for each
class of license; repealing limitation of licenses to carry concealed weapons to pistols and revolvers only; repealing license
to carry concealed weapons fee surcharge for Courthouse Facilities
Improvement Fund; requiring the inclusion of certain information on
applications for licenses to carry concealed weapons; modifying
eligibility criteria for licenses to carry concealed weapons;
specifying information to be provided in application for license to
carry concealed weapons; requiring applicants for licenses to carry
concealed weapons to provide specified documentation with
application; specifying required components of background
investigations of applicants for licenses to carry concealed
weapons; requiring background check on applicants for licenses to
carry concealed weapons to determine an applicant's eligibility to
possess or transport firearms under state and federal law;
requiring fingerprint-based state and national criminal and mental
health background checks on applicants for Class 1 licenses;
establishing a State Police Concealed Weapons License Background
Check Administration Fund; source of funds; use of funds;
authorizing expenditures from collections; converting county
concealed weapons license administration funds to perpetual
revolving accounts; repealing authority of sheriff to expend
surplus funds in county concealed weapons license administration
fund; establishing additional means of fulfilling requirement of
demonstrating basic competence with a handgun; prescribing
additional requirement for Class 1, 2 and 4 licenses of completing
certain live fire shooting exercises and passing live fire shooting
proficiency test; requiring instructors of live fire shooting proficiency tests to maintain records on students; modifying time
limit for sheriffs to act on applications for licenses to carry
concealed weapons; conforming requirements for Social Security
number solicitations on applications for licenses to carry
concealed weapons to Section 7 of the federal Privacy Act of 1974;
establishing a uniform system of numbering and indexing all
licenses to carry concealed weapons throughout the state;
specifying the form and contents of licenses to carry concealed
weapons; establishing provisions governing the change of a
licensee's name or address; modifying the license expiration and
renewal cycle; prorating license fees; extending licenses of
active-duty members of the armed forces while deployed; requiring
Commissioner of Motor Vehicles to produce license cards upon
request of sheriff; payment of cost of producing license cards;
transferring responsibility for preparing license applications and
other forms from superintendent to Attorney General; requiring
sheriffs to accept certain methods of payment for fees for licenses
to carry concealed weapons; establishing procedure for appealing
the suspension or revocation of a license to carry concealed
weapons; specifying form of notice of denial, suspension or
revocation of a license to carry concealed weapons; specifying
whether a license to carry concealed weapons shall be suspended or
revoked; establishing optional procedure for reconsidering denial,
suspension or revocation of license prior to judicial appeal;
closing proceedings and sealing records in judicial appeals of
denials, suspensions and revocations of licenses to carry concealed weapons; modifying immunity from civil liability for certain acts
relative to concealed weapons licensing; declaring licensing
statute to be comprehensive and preemptive; requiring courts to
determine whether individuals in proceedings resulting in
disqualification from licensure are licensed to carry a concealed
weapon; requiring court to notify issuing agency upon a licensee
becoming disqualified for certain causes from continued licensure
to carry concealed weapons; requiring sheriffs to issue notice of
license expiration and renewal process; contents of notice;
providing criminal penalties for fraudulently obtaining or
unlawfully disclosing confidential information about individuals
who have applied for or been issued licenses to carry concealed
weapons; establishing provisions for the use of an alternate
address by certain classes of protected persons; requiring the
Attorney General to periodically notify the Attorney General and
licensing authority of each state of this state's recognition of
qualified out-of-state license or permit to carry concealed weapons
held by qualifying out-of-state licensees; requiring the Attorney
General to negotiate and execute reciprocity agreements to secure
recognition of West Virginia licenses when required by other states
as a condition of recognizing West Virginia licenses; requiring the
Attorney General and the Superintendent of the State Police to
provide certain annual reports to the Legislature; requiring the
Attorney General to publish and annually revise a compendium of
firearm and use of force laws; providing for the disposition of
applications for licenses to carry concealed weapons filed before and pending on the effective date of this act; providing for
classification of licenses to carry concealed weapons in effect on
the effective date of this act; specifying procedures for upgrading
or modifying class of license to carry concealed weapons;
establishing emergency license to carry concealed weapons;
eligibility criteria; license fee; creating uniform rule concerning
the requirement to carry and exhibit license when carrying a
concealed weapon for both West Virginia licensees and qualified
out-of-state licensees; conforming classes of persons prohibited
from possessing firearms to federal law; clarifying conflicting
statutory language; prohibiting certain persons from carrying a
concealed weapon in a public place; providing additional procedures
for relief from weapons disabilities; designating officials
authorized to certify the transfer and registration of firearms
subject to the National Firearms Act; establishing time limit for
designated officials to act on requests for certification;
establishing uniform standard for approving or denying requested
certifications; providing immunity from civil liability for
lawfully performing required certifications; prohibiting licensed
firearm dealers from refusing to sell or otherwise transfer a
firearm to any person solely on the basis that the person purchased
a firearm that was later the subject of a law-enforcement trace
request; requiring licensed firearm dealers to perform certain acts
incident to firearm sales or transfers; prohibiting the purchase or
attempt to purchase a firearm from a firearm dealer by certain
persons; increasing criminal penalties for any person other than a law-enforcement officer who knowingly solicits, persuades,
encourages or entices any other person to violate firearm sales
laws; civil remedies for unlawful denial or delay of firearm sale
or transfer; specifying areas subject to prohibition on possession
of deadly weapons on school premises; providing exceptions;
creating separate offense for possessing deadly weapon in school
safety zone with the intent to use the deadly weapon unlawfully or
to threaten or endanger another person; providing criminal
penalties; reducing criminal penalties for unlawful possession of
deadly weapon in school safety zones without the intent to use the
deadly weapon unlawfully or to threaten or endanger another person;
modifying requirements and procedures for suspending or revoking
driver's license of person convicted of or adjudicated a juvenile
delinquent for such offenses; prohibiting the possession or
conveyance of deadly weapons into certain areas of courthouses and
other places where judicial proceedings are held; declaring certain
persons exempt; requiring establishment of secure weapon storage
areas and posting of signs; providing for the consolidation of
required signage and secure weapon storage areas when premises
contained within secure restricted access area; providing for the
establishment of secure restricted access areas in certain public
buildings; procedures for establishment; prohibiting the possession
or conveyance of deadly weapons into secure restricted access
areas; providing criminal penalties for possessing or conveying
deadly weapons into restricted premises; signage requirements;
requiring the provision of secure weapon storage areas at secure restricted access areas for individuals to lawfully store firearms
before entering secure restricted access area; providing additional
criminal penalties for the use or possession of firearms or other
weapons during the commission of specified crimes; exempting
certain officers, employees and agents of the United States, this
state or a political subdivision of this state from restrictions or
prohibitions on possessing weapons imposed by private property
owners; requiring all private property owners that have legally
restricted or prohibited the possession or carrying of weapons on
their premises to give notice of such prohibitions or restrictions
by posting specified signs; format of signs; effect of failure to
properly post signs indicating such prohibition or restriction;
providing immunity from civil liability to private property owners
and private employers for certain acts or omissions of individuals
licensed to carry concealed weapons or authorized to carry
concealed weapons without a license if the private property owner
or private employer voluntarily refrains from restricting the
possession or carrying of deadly weapons by individuals licensed to
carry concealed weapons or authorized to carry concealed weapons
without a license; prohibiting a public or private employer from
prohibiting a customer, employee or invitee from possessing any
legally owned firearm or concealable weapon that is lawfully
possessed and locked inside or locked to a private motor vehicle in
a parking lot; prohibiting a public or private employer from
violating the privacy rights of a customer, employee or invitee by
verbal or written inquiry regarding the presence of a firearm or concealable weapon inside or locked to a private motor vehicle in
a parking lot or by the search of a private motor vehicle in a
parking lot to ascertain the presence of a firearm or concealable
weapon within the vehicle; prohibiting actions by a public or
private employer against a customer, employee or invitee based upon
verbal or written statements concerning possession of a firearm or
concealable weapon stored inside a private motor vehicle in a
parking lot for lawful purposes; providing conditions under which
a search of a private motor vehicle in the parking lot of a public
or private employer may be conducted; prohibiting a public or
private employer from conditioning employment upon specified
licensure status or upon a specified agreement; prohibiting a
public or private employer from attempting to prevent or
prohibiting any customer, employee or invitee from entering the
parking lot of the employer's place of business because the private
motor vehicle of a customer, employee or invitee contains a legal
firearm or concealable weapon; prohibiting public or private
employers from terminating the employment of or otherwise
discriminating against an employee, or expelling a customer or
invitee, for exercising his or her right to keep and bear arms or
for exercising the right of self defense; providing a condition to
the prohibition; providing that such prohibitions apply to all
public sector employers; providing that, when subject to the
prohibitions imposed by law, a public or private employer has no
duty of care related to the actions prohibited; providing specified
immunity from liability for public and private employers; providing nonapplicability of such immunity; providing construction;
providing exceptions to certain prohibitions; providing for
enforcement of certain prohibitions; providing for the award of
reasonable personal costs and losses; providing for the award of
court costs and attorney's fees; declaring the provisions of said
code to be the sole means by which the keeping and bearing of arms
may be regulated; preempting any ordinance, rule, policy or
administrative action inconsistent therewith; exceptions; providing
for enforcement of prohibition on additional regulation of firearms
or concealable weapons; providing rules of construction;
prohibiting the registration of firearms or firearm owners;
exceptions; compliance period for purging prohibited registries;
limiting seizures of concealable weapons; providing remedies for
unlawful seizure of concealable weapon; providing civil and
criminal penalties for certain acts in violation of an individual's
right to keep and bear arms; defining certain acts as per se
official misconduct for purposes of removing public official from
office; establishing regulations for gun buy-back programs;
establishing procedures to protect interests of owners of stolen
firearms and preserve evidence of certain crimes; requiring certain
firearms disposed by a public agency to be offered for sale to
licensed firearm dealers by public auction or sealed bids;
procedures for public sale of certain firearms; requiring award of
court costs and attorney's fees in certain cases; clarifying
conflicting statutory language; updating references to licenses to
carry concealed weapons in the central state mental health registry law; clarifying the permissible use of records in the central state
mental health registry; establishing statute of limitations for
prosecuting certain crimes; authorizing the setting aside and
expungement of certain criminal convictions involving misdemeanor
crimes of domestic violence; defining eligible offenses; form and
contents of petition; filing fee; service and notice requirements;
prosecutor, victim and state agency opposition to petition; court
procedure for hearing and ruling upon the petition; presumptions
and burdens of proof; establishing procedures for expunging
records; effects of set aside and expungement; and repealing or
revising various archaic language.
Referred to the Committee on Government Organization; then to
the Committee on the Judiciary; and then to the Committee on
Finance.
By Senators Foster, Wells, McCabe, Wills, Edgell, Snyder,
Palumbo, Yost, Klempa and Kessler (Acting President):
Senate Bill No. 544--A Bill to amend and reenact §8-22-16 and
§8-22-20 of the Code of West Virginia, 1931, as amended; to amend
and reenact §8-22A-28 of said code; and to amend and reenact §33-3-
14d of said code, all relating to municipal policemen's and
firemen's pension and relief funds and Municipal Police Officers
and Fire Fighters Retirement System; providing additional method
for municipalities to finance policemen's and firemen's pension and
relief funds; authorizing Municipal Pensions Oversight Board to
contract for actuarial services; clarifying disclosures required in
actuarial reports; extending time to elect Social Security benefits; and reallocating certain premium tax funds for three
years.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Palumbo, Beach, Snyder, Yost, Klempa, Kessler
(Acting President), Browning, Foster, Williams, Unger, Jenkins,
McCabe and Plymale:
Senate Bill No. 545--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §37-6A-1, §37-6A-2, §37-6A-3, §37-6A-4, §37-6A-5 and
§37-6A-6, all relating to residential rental security deposits;
relevant definitions; security deposits; maintenance of records;
prohibited provisions in rental agreements; remedies upon
landlord's noncompliance; application of article; and security
deposits prior to effective date of article.
Referred to the Committee on the Judiciary.
By Senators Foster, Wells, McCabe, Wills, Edgell, Palumbo,
Klempa and Kessler (Acting President):
Senate Bill No. 546--A Bill to amend and reenact §8-22-18a of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §8-22A-28 of said code, all relating to municipal police
and firefighter pensions; authorizing the West Virginia Municipal
Pensions Oversight Board to purchase actuarial services; and
extending the time for certain municipalities to request referendum
on Social Security coverage.
Referred to the Committee on Pensions; and then to the Committee on Government Organization.
By Senator Hall:
Senate Bill No. 547--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §22-11-31, relating to the West Virginia Water Research
Institute's development of a method for assessing the state's
narrative water quality standards; and determining whether streams
meet the federal Clean Water Act's designated use requirements.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Browning and Kessler (Acting President):
Senate Bill No. 548--A Bill to amend and reenact §27-4-1 and
§27-4-3 of the Code of West Virginia, 1931, as amended, all
relating to increasing the age of consent that a minor may refuse
mental health treatment from twelve to eighteen; and clarifying
that the state not be obligated to pay for voluntary
hospitalization.
Referred to the Committee on the Judiciary.
By Senators Wills and Kessler (Acting President):
Senate Bill No. 549--A Bill to amend and reenact §59-1-4,
§59-1-11 and §59-1-13 of the Code of West Virginia, 1931, as
amended, all relating to fees collected for docketing of civil
appeals to be used to enhance funding for civil legal services for
the poor.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Klempa, Kessler (Acting President), Wills, Snyder,
Yost, Miller, Edgell and D. Facemire:
Senate Bill No. 550--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §19-23-12d; to amend and reenact §29-22A-6, §29-22A-10
and §29-22A-10c of said code; and to amend and reenact §29-25-19
and §29-25-22 of said code, all relating to allowing simulcast
pari-mutuel racing within the confines of gaming facilities located
at historic resort hotels; defining terms; permitting the issuing
of licenses; providing for payments; setting forth conditions for
out-of-state tracks and interstate pools; registering of persons
conducting wagering activities; setting forth the licensee's
retainage; setting forth the amounts of payments made by a licensee
and to whom they are to be paid; requiring compliance with federal
law; authorizing rulemaking; exempting pari-mutuel wagering and
equipment from state sales taxes; permitting licensees at
racetracks and historic resort hotels to establish minimum and
maximum wager limits at video lottery terminals; authorizing the
use of video lottery terminal bill acceptors for all United States
currency; reducing the required life for capital investments by
licensees at racetracks to be reimbursed from the Capital
Investment Fund; extending the time for recoupment of expenditures
for capital improvements; requiring historic resort hotels to pay
a portion of certain proceeds into the Human Resources Fund;
creating a Licensed Racetrack and Historic Resort Hotel Facility
Modernization Fund; requiring a certain portion of a licensed racetrack's gross terminal income to be deposited into that new
fund; and defining terms.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Hall:
Senate Bill No. 551--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5 and
§11-6L-6, all relating to the method of valuation of certain mine
safety equipment; providing definitions; providing methodology for
valuation of certain mine safety equipment; stating that the
initial determination of valuation is to be made by the county
assessor; authorizing the protest and appeal of the assessor's
decision; and providing effective date.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Laird, Williams, Wells, Jenkins, Miller, Minard,
Sypolt and Kessler (Acting President):
Senate Bill No. 552--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-2-29c, relating to crimes against the person;
financial exploitation of elderly persons, protected persons and
incapacitated adults for misappropriating or misusing assets;
permitting the prosecutor to proceed in the same indictment for
distinct acts of misappropriation or misuse; permitting banking
institutions and others to report suspected financial exploitation to law-enforcement authorities and other entities; permitting
financial institutions to disclose suspicious activity reports or
currency transaction reports to the prosecuting attorney; providing
civil immunity for reporting; ordering restitution; and
establishing the criminal penalty of larceny.
Referred to the Committee on the Judiciary.
By Senators Unger, Palumbo, Prezioso, Stollings, Laird,
Jenkins, McCabe, Minard, Yost and Kessler (Acting President):
Senate Bill No. 553--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §12-4-14a, relating to creating a workers' compensation
insurance subsidy program for volunteer fire departments;
establishing a special program within the Auditor's Office;
granting authority to the Auditor to administer the program;
designating a funding formula for distribution of moneys allocated;
defining terms; granting rule-making authority to administer this
section; and requiring report to the Legislature.
Referred to the Committee on Finance.
By Senators Browning and Green:
Senate Bill No. 554--A Bill to amend and reenact §50-1-9a of
the Code of West Virginia, 1931, as amended, relating to increasing
the number of allowable magistrate court deputy clerks; and
designating an additional deputy clerk for Raleigh County.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator K. Facemyer:
Senate Bill No. 555--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §9-5-15a, relating to requiring the Secretary of the
Department of Health and Human Resources to establish a competitive
bid process for generic drug manufacturers to assure that generic
drugs are furnished to Medicaid recipients at a competitively bid
low cost.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators McCabe, Green, Edgell, Helmick, Yost, Browning,
Tucker, Miller, Fanning and Plymale:
Senate Bill No. 556--A Bill to amend and reenact §22C-1-6 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the appointment of certain individuals to carry out the
business of the Water Development Authority; authorizing the Water
Development Authority to fix the compensation of those certain
employees; and requiring the Water Development Authority to employ
all other employees pursuant to the State Civil Service System.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Williams, Miller, Minard and D. Facemire:
Senate Bill No. 557--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17-29-1, §17-29-2, §17-29-3, §17-29-4, §17-29-5, §17-
29-6, §17-29-7, §17-29-8, §17-29-9, §17-29-10, §17-29-11, §17-29-
12, §17-29-13 and §17-29-14, all relating to creating the Tourist-Oriented Directional Signs Program; stating legislative purpose;
setting forth application and eligibility requirements;
establishing design and content guidelines; establishing sign
location and placement criteria; establishing fee schedule; setting
forth maintenance responsibility; permitting revocation of
participation in the program; authorizing rulemaking to be exempt
from the State Administrative Procedures Act; and defining terms.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senator Plymale:
Senate Bill No. 558--A Bill to amend and reenact §18A-4-5 of
the Code of West Virginia, 1931, as amended, relating to changing
the method for determining whether salary equity among the counties
for professional educators and service personnel exists; and making
the change effective July 1, 2013.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Plymale, Kessler (Acting President), Unger,
Browning, McCabe and Jenkins:
Senate Bill No. 559--A Bill to amend and reenact §11-24-43a of
the Code of West Virginia, 1931, as amended, relating to
eliminating the expiration provision for the provisions relating to
requiring the deposit of moneys in the Special Railroad and
Intermodal Enhancement Fund.
Referred to the Committee on Finance.
By Senator Stollings (By Request):
Senate Bill No. 560--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-29B-20a, relating to confidentiality of the rate-
setting model.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Sypolt (By Request):
Senate Bill No. 561--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §31-15D-1, §31-15D-2, §31-15D-3, §31-15D-4, §31-15D-5,
§31-15D-6, §31-15D-7, §31-15D-8 and §31-15D-9, all relating to
alternative mechanisms to supplement current strategies to
expeditiously expand broadband throughout the State of West
Virginia.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
Senators Plymale, Unger, Browning, Jenkins, Stollings, Minard,
Williams, Kessler (Acting President) and D. Facemire offered the
following resolution:
Senate Concurrent Resolution No. 36--Requesting the Joint
Committee on Government and Finance to study the educational and
communication barriers facing children in West Virginia who are
deaf or hard of hearing and their families, and the adequacy and
enforcement of current laws that address these barriers.
Whereas, Hearing loss impacts the most basic of humans needs,
which is the ability to communicate with other human beings; and
Whereas, Children who are deaf or hard of hearing communicate
using various communication modes including sign language, speech
and other means; and
Whereas, There are currently more than three hundred seventy-
five children who are deaf or hard of hearing in this state between
the ages of birth and twenty-one years; and
Whereas, Young children who are deaf or hard of hearing
typically lack significant English language skills; and
Whereas, Many individuals who are deaf or hard of hearing
require specialized instruction, services, equipment and materials;
and
Whereas, Receiving such provisions is critical to the
education, development and success of children who are deaf or hard
of hearing, yet the provisions may not be administered adequately
to sufficiently meet the needs of children in this state who are
deaf or hard of hearing; and
Whereas, Significant barriers exist for individuals who are
deaf or hard of hearing in our current education system and must be
addressed; and
Whereas, The West Virginia Commission for the Deaf and Hard of
Hearing aids individuals who are deaf or hard of hearing in their
efforts to live independent and productive lives; and
Whereas, The West Virginia Commission for the Deaf and Hard of
Hearing would be a valuable resource in exploring the needs of and
obstacles faced by children who are deaf or hard of hearing;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the educational and communication barriers
facing children in West Virginia who are deaf or hard of hearing
and their families, and the adequacy and enforcement of current
laws that address these barriers; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is requested to report to the regular session of the
Legislature, 2012, 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 draft necessary legislation are
requested to be paid from legislative appropriations to the Joint
Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Kessler (Acting President), Unger, Browning, Green,
Foster, Jenkins, McCabe, Laird, Prezioso, Minard and Williams
offered the following resolution:
Senate Concurrent Resolution No. 37--Urging members of the
West Virginia Delegation to the United States Congress to oppose
any action by Congress or the President to reduce funding for
Community Service Block Grants.
Whereas, Community Service Block Grants (CSBG) are a critical
source of funding for Community Action Agencies across the country;
and
Whereas, Community Action Agencies provide housing, nutrition,
health care, education and weatherization programs to low-income
families, equipping them with the tools they need to become
successful members of society; and
Whereas, West Virginia has sixteen Community Action Agencies
that employ 2,180 individuals; and
Whereas, Our sixteen Community Action Agencies serve all of
West Virginia's fifty-five counties; and
Whereas, In 2009 close to 112,000 West Virginians, over 55,000
families, received services through Community Action Agencies; and
Whereas, Community Action Agencies are an essential component
of economic recovery, as their main objective is the elimination of
poverty; and
Whereas, in 2009, West Virginia Community Action Agencies
leveraged $18,194,807 in Community Service Block Grants into more
than $90 million in additional resources for anti-poverty efforts
in West Virginia; and
Whereas, President Obama has proposed a fifty percent
reduction of Community Service Block Grants funding and made the
remaining funds competitive instead of continuing the current
allocation formula; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the members of the West
Virginia Delegation to the United States Congress to oppose any
action by Congress or the President to reduce funding for Community
Service Block Grants; and, be it
Further Resolved, That the Clerk of Senate is hereby directed
to forward a certified copy of this resolution to the President and
Secretary of the United States Senate, the Speaker and Clerk of the
United States House of Representatives, members of the West
Virginia Congressional Delegation and the President of the United
States.
Which, under the rules, lies over one day.
Senators Stollings, Wells, Foster, Unger, Jenkins, McCabe,
Miller, Laird, Prezioso, Williams, Klempa, Kessler (Acting
President) and D. Facemire offered the following resolution:
Senate Concurrent Resolution No. 38--Requesting the Joint
Committee on Government and Finance to study the needs, challenges
and issues facing West Virginians with Alzheimer's disease and
their families for the purpose of making recommendations on how the
State of West Virginia can better assist them in getting the care,
research, support and treatment they deserve.
Whereas, According to the national Alzheimer's Association,
there are currently 5.3 million Americans and forty-eight thousand
West Virginians with Alzheimer's disease; and
Whereas, The greatest risk factor for developing Alzheimer's
is age and according to the US Census Bureau in 2008 West Virginia
had the third highest median age in the nation; and
Whereas, Alzheimer's is the sixth leading cause of death in
this country, yet according to the West Virginia Bureau for Public
Health Statistics it is the fifth leading cause of death in West
Virginia; and
Whereas, West Virginia's rate for mortality from dementia is
eleven percent higher than the national average; and
Whereas, Alzheimer's is increasingly viewed as having a
vascular basis and subject to the same risk factors as stroke and
cardiovascular illness such as smoking, high cholesterol, obesity
and diabetes. According to the Behavioral Risk Factor Surveillance
System, in 2008 West Virginia ranked first in the nation in the
prevalence of smoking and diabetes; and
Whereas, Between 1998 and 2007 the rate of hospital discharges
in West Virginia with dementia as a principle diagnosis increased
twenty-nine percent; and
Whereas, The Alzheimer's Association estimates there are more
than one hundred thousand family members caring for a loved one
with Alzheimer's in West Virginia; and
Whereas, Biomedical research is an investment in the future
economic diversity of our state; and
Whereas, West Virginia is home to a world-class Research
Institute dedicated to finding a cure for Alzheimer's disease; and
Whereas, One proven way to collect information about the
number of people in West Virginia with Alzheimer's disease and
related dementia is through a population-based disease registry,
West Virginia Alzheimer's Disease Registry; and
Whereas, West Virginia physicians should receive the best
evidence-based continuing medical education related to screening,
diagnosing and treating patients with Alzheimer's disease and
related dementia; and
Whereas, The Alzheimer's Association is currently working with
stakeholders throughout West Virginia to develop a long-term plan
to address Alzheimer's disease in West Virginia; and
Whereas, The State of West Virginia is committed to developing
a long-term plan to address Alzheimer's disease and in enhancing
services and support to provide assistance to individuals with
Alzheimer's disease and their families in getting the care,
research, support and treatment they need; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the needs, challenges and issues facing West
Virginians with Alzheimer's disease and their families for the
purpose of making recommendations on how the State of West Virginia
can better assist them in getting the care, research, support and
treatment they deserve; 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, 2012, 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 Stollings, Unger, Hall, Foster, Green, Jenkins, Wells, Browning, Plymale, Boley, Minard, Williams, Yost, Klempa,
Sypolt, McCabe and Kessler (Acting President) offered the following
resolution:
Senate Resolution No. 30--Memorializing the life of Catherine
L. Larck, devoted mother, sister and friend, former employee of the
West Virginia Senate, and dedicated West Virginian.
Whereas, Catherine L. Larck was the oldest of five children
born to Hubert and Albina Alexander Bonner of Sattes, West
Virginia; and
Whereas, Catherine L. Larck graduated from Nitro High School
in 1957, the youngest in her class, and attended Morris Harvey
College in Charleston, West Virginia; and
Whereas, Catherine L. Larck was an employee of the Union
Carbide Corporation, and then Dow Chemical Company, where she
retired on January 1, 2003, after 40 years of loyal service in the
Human Resources Department; and
Whereas, Catherine L. Larck began work for the West Virginia
Senate on January 6, 2003, where she worked for Senator Tracy
Dempsey of Lincoln County for four years. During the 2007
Legislative Session, she worked for Senator Ron Stollings of Boone
County who succeeded Senator Dempsey in representing the 7th
Senatorial District; and
Whereas, Catherine L. Larck was a member of the West Virginia
Federal Credit Union Board of Directors, where she held the
positions of Treasurer and Vice President of the Board of
Directors. Additionally, she was a member of the Friends in Need (FIN) Committee for Union Carbide retirees; and
Whereas, Catherine L. Larck was an elected member of the
Putnam County Democratic Executive Committee, where she was
selected as Democrat of the Year in 2008, and also participated in
the Putnam County Democrat Women's Club, where she served as the
Vice President and President; and
Whereas, Catherine L. Larck was a member of the Scott Depot
Church of Christ where she taught both ladies and children's
classes; and
Whereas, Catherine L. Larck was married to her beloved husband
William A. "Bill" Larck, with whom she shared the joy of having two
children, Melanie Tesh and William A. "Kelly" Larck, II, and three
grandchildren, Nate, Tyler, and Elizabeth; and
Whereas, Catherine L. Larck, with all of her positive
attributes and kindness, earned the respect of her colleagues,
members of the West Virginia Senate, and all people who crossed her
path; and
Whereas, Sadly, Catherine L. Larck passed away on February 10,
2011, bringing an end to a spirited, productive life of dedication
and commitment to her family, community and state; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of Catherine L.
Larck, devoted mother, sister and friend, former employee of the
West Virginia Senate, and dedicated West Virginian; and, be it
Further Resolved, That the Senate extends its sincere sympathy
to the family of Catherine L. Larck on her passing; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the family of Catherine L. Larck.
At the request of Senator Stollings, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Browning, and by
unanimous consent, the remarks by Senators Stollings, Unger, Hall
and Foster regarding the adoption of Senate Resolution No. 30 were
ordered printed in the Appendix to the Journal.
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. 34, Requesting DOH name
bridge on I-79 in Weston "Colonel James E. Hiteshew Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk Transportation and Infrastructure.
Senate Concurrent Resolution No. 35, Requesting DOH name
bridge near Walkersville in Lewis County "SP4 Loyd Eugene Robinson
Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk Transportation and Infrastructure.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 253, Amending insurance code
with respect to holding companies.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 267, Increasing fine or penalty Commissioner
of Banking may impose on residential mortgage brokers and lenders.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Unger, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Senate Bill No. 274, Allowing Commissioner of Banking assess
state banks on quarterly basis.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Unger, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Com. Sub. for Senate Bill No. 334, Creating criminal offense
for animal fighting ventures involvement.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 335, Authorizing
certain municipalities regulate taxis and taxi stands by ordinance.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 390, Adding web-enabled mobile
devices to crime of invasion of privacy on computer.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 407, Incorporating federal
health insurance reforms into insurance code.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 507, Continuing Broadband Deployment Council.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 193, Relating to law-enforcement
certification generally.
Com. Sub. for Senate Bill No. 241, Relating to Division of
Tourism and Tourism Commission.
Com. Sub. for Senate Bill No. 247, Exempting certain
construction contractor purchases from consumers sales, service and
use tax.
Com. Sub. for Senate Bill No. 263, Relating to special plates
for testing of vehicles operated by certain nonprofit corporations.
Com. Sub. for Senate Bill No. 388, Allowing fire chief appoint
member to serve as designee on property safety enforcement agency.
Com. Sub. for Senate Bill No. 460, Authorizing Division of
Forestry establish practices and procedures to address
law-enforcement requirements of division.
And,
Eng. House Bill No. 2556, Resetting the expiration date of
provisions that allow the employment of retired teachers as
substitutes beyond the post-retirement employment limit.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until Monday,
February 21, 2011, at 11 a.m.
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