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SENATE (2011)(RS):| Bills Introduced | Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal



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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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