sdj-02nd day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2012
SECOND DAY
____________
Charleston, W. Va., Thursday, January 12, 2012
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by Monsignor Frederick P. Annie, Vicar
General and Moderator of the Curia, Roman Catholic Diocese of
Wheeling-Charleston, West Virginia, and President, West Virginia
Council of Churches, Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, January 11,
2012,
On motion of Senator Beach, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Clerk presented a communication from the Children's Health
Insurance Program, submitting its annual report as required by
chapter five, article sixteen-b, section three of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Board of
Chiropractic, submitting it biennial report for fiscal years 2010
and 2011, in accordance with chapter thirty, article one, section
twelve of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Department of
Environmental Protection, submitting the annual report of the Oil
and Gas Operating Permit and Processing Fund as required by chapter
twenty-two, article six, section twenty-nine of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Department of
Environmental Protection, submitting the annual report of the Oil
and Gas Reclamation Fund, in accordance with chapter twenty-two,
article six, section twenty-nine of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Division of
Personnel, submitting its annual report as required by chapter
twenty-nine, article six, section seven of the code of West
Virginia.
Which communication and report were received and filed with the Clerk.
The Clerk presented a communication from the State Board of
Registration for Professional Engineers, submitting its biennial
report for fiscal years 2010 and 2011, in accordance with chapter
thirty, article one, section twelve of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Board of
Professional Surveyors, submitting its biennial report for fiscal
years 2010 and 2011 as required by chapter thirty, article one,
section twelve of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Board of
Examiners of Psychologists, submitting its biennial report for
fiscal years 2010 and 2011, in accordance with chapter thirty,
article one, section twelve of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Board of
Sanitarians, submitting its biennial report for fiscal years 2010
and 2011 as required by chapter thirty, article one, section twelve
of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Kessler (Mr. President) presented a communication from
the James "Tiger" Morton Catastrophic Illness Commission,
submitting its annual recommendation to the Legislature regarding
appropriations from the Catastrophic Illness Fund, in accordance
with chapter eighteen-b, article five-q, section two of the code of
West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Kessler (Mr. President) presented a communication from
the Offices of the Insurance Commissioner, submitting its annual
Workers' Compensation Maximum Reimbursement Fee Schedule as
required by chapter twenty-three, article four, section three of
the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Kessler (Mr. President) presented a communication from
the Water Development Authority, submitting its annual report, in
accordance with chapter twenty-two-c, article one, section
seventeen of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate committees:
By Senators Foster, Palumbo, Klempa, Fanning, Unger, Kessler
(Mr. President), Jenkins, Browning, Kirkendoll, Wills, Yost,
Stollings and McCabe:
Senate Bill No. 161--A Bill to amend and reenact §49-6A-2 and
§49-6A-8 of the Code of West Virginia, 1931, as amended, all
relating to increasing the persons mandated to report abuse and
neglect of children; and increasing the criminal penalties for
failure to report.
Referred to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 162--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §24-2-19, relating to requiring electric utilities to
implement least-cost plans; requiring the Public Service Commission
to order development of least-cost plans; including minimum
requirements and deadlines for the plans; requiring commission
review, public hearing and acceptance, rejection or modification of
the plan; and addressing the commission's use of the plan.
Referred to the Committee on the Judiciary.
By Senators Foster, Plymale, Jenkins and Klempa:
Senate Bill No. 163--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-10-22l; and to amend said code by adding thereto a new section, designated §18-7A-26w, all relating to providing one-
time supplements to all annuitants of the Public Employees
Retirement System and Teachers Retirement System.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Tucker, Yost, Barnes, Plymale and Wills:
Senate Bill No. 164--A Bill to amend and reenact §25-1A-6 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §25-1A-6a, all relating
to sanctions imposed against prisoners for filing certain
frivolous, malicious or harassing litigation and unmerited
administrative complaints; and sanctions imposed against prisoners
for filing certain frivolous, malicious or harassing litigation
against licensed professionals providing services to the state and
inmate population.
Referred to the Committee on the Judiciary.
By Senators Laird, Tucker, Yost, Barnes, Plymale, Unger and
Wills:
Senate Bill No. 165--A Bill to amend and reenact §61-8B-10 of
the Code of West Virginia, 1931, as amended, relating to imposition
of sexual intercourse or sexual intrusion on incarcerated persons;
sexual abuse by employees of the Division of Corrections, Division
of Juvenile Services and the Regional Jail and Correctional
Facility Authority on incarcerated persons; and penalties.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Laird, Tucker, Yost, Barnes, Plymale, Unger,
Miller, Jenkins, Wills and Klempa:
Senate Bill No. 166--A Bill to amend and reenact §61-5-17 of
the Code of West Virginia, 1931, as amended, relating to making it
a felony to disarm or attempt to disarm correctional officers.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Laird, Snyder, Browning, Nohe, Plymale, Miller and
Wills:
Senate Bill No. 167--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §7-5-2a, relating to authorizing county officers to
accept credit cards as a form of payment.
Referred to the Committee on Government Organization.
By Senators Laird, Kessler (Mr. President), Browning, Edgell,
Miller, Hall, Snyder, Plymale, Unger, Jenkins, Wills, Klempa and
Yost:
Senate Bill No. 168--A Bill to amend and reenact §7-7-1 and
§7-7-4 of the Code of West Virginia, 1931, as amended, all relating
to compensation of elected county officials and county
commissioners for each class of county; legislative findings; and
authorizing increasing this compensation after July 1, 2012.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
Senators Wells, Yost, Edgell, D. Facemire, Helmick, Sypolt,
Jenkins, Browning, Kirkendoll, Wills, Klempa and Stollings offered
the following resolution:
Senate Concurrent Resolution No. 3--Requesting the Joint
Committee on Government and Finance to continue studying the needs,
challenges and issues facing West Virginia military veterans, West
Virginia citizens serving in the Armed Forces of the United States,
the West Virginia National Guard and other military affairs of the
State of West Virginia.
Whereas, The State of West Virginia has a proud heritage of
military service members, veterans and military family members; and
Whereas, West Virginia is home to more military service
members and veterans per capita than any other state in the nation;
and
Whereas, The West Virginia National Guard is continuously
above service and preparedness strength, has been repeatedly
recognized as one of the top forces in the country and its members
are nationally renowned for their professionalism, courage and
commitment to duty; and
Whereas, Department of Defense projections indicate that most
troops deployed to Iraq will return by the end of 2011 and from
Afghanistan by 2012, which will result in an abrupt increase of troops returning to civilian life facing unprecedented readjustment
challenges; and
Whereas, Additionally, aging veterans of previous conflicts
are facing worsening problems as they enter their retirement years;
and
Whereas, The Legislature finds that it should take an active
role in studying, formulating and implementing resources and
programs that support West Virginia citizens serving in the Armed
Forces of the United States, the West Virginia National Guard as
well as veterans of military service to better assist them and
their family members in getting the care, services and
opportunities that they have earned and deserve; and
Whereas, The Select Committee on Veterans Affairs has a
demonstrated history of initiating legislation promoting and
facilitating the establishment of programs to assist returning
veterans, including, but not limited to, the veteran friendly
campus legislation as well as legislation to establish a program
for veteran friendly communities and continues to monitor the
implementation and development of such programs; and
Whereas, Because of the state's consistent resident and
citizen support of the nation's armed forces and the West Virginia
National Guard, the Legislature of West Virginia should continue to
receive input on and develop measures on a continuing basis during
interim periods in order to provide the best available educational, vocational, social and medical support services for our state's
military personnel and veterans that it can; and
Whereas, The interim Select Committee on Veterans Affairs
provides the Legislature a means to continuously monitor and
develop various programs and resources to assist our state's
military personnel and military veterans; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to continue studying the needs, challenges and issues
facing West Virginia military veterans, West Virginia citizens
serving in the Armed Forces of the United States, the West Virginia
National Guard and other military affairs of the State of West
Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the Legislature, on the first day of the regular
session, 2013, on its findings, conclusions and recommendations
together with drafts of any legislation to effectuate its
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Miller, Foster, Helmick, Plymale, Hall, Laird, Jenkins, Klempa and Stollings offered the following resolution:
Senate Concurrent Resolution No. 4--Urging legislative support
of the recommendations included in the West Virginia Partnership
for Elder Living's Make a Plan for Alzheimer's Final Report and
Recommendations.
Whereas, According to the Alzheimer's Association, 44,000 West
Virginians over 65 have Alzheimer's and 4,000 individuals under 65
have younger-onset Alzheimer's; and
Whereas, The number of West Virginians with Alzheimer's is
expected to rise dramatically as the state's 500,000 baby boomers
enter the age period at the greatest risk for developing the
disease; and
Whereas, The Make a Plan for Alzheimer's initiative was
created to develop a long-term plan to address Alzheimer's disease
in West Virginia; and
Whereas, The present and future impact of Alzheimer's disease
and related dementias in West Virginia demands the implementation
of solutions directed at improving quality of care; the training
and awareness of healthcare providers, families and the public; and
fostering research into all aspects of the disease; and
Whereas, These recommendations will provide more information
regarding Alzheimer's disease to patients, families, caregivers,
the medical community and policymakers; expand care and improve the
quality of care available to Alzheimer's patients; and equip families and health care workers with the training, tools and
resources they need to better care for individuals living with
Alzheimer's; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature supports the
recommendations included in the West Virginia Partnership for Elder
Living's Make a Plan for Alzheimer's Final Report and
Recommendations; and, be it
Further Resolved, That the West Virginia Legislature will work
to adopt legislation to support and appropriate funding to
implement the recommendations included in the Make a Plan for
Alzheimer's Final Report and Recommendations.
Which, under the rules, lies over one day.
Senators Beach, Plymale, Unger, Jenkins, Browning, Klempa,
Williams and Kessler (Mr. President) offered the following
resolution:
Senate Resolution No. 3--Recognizing the importance of our
highway system and urging Congress to fully fund the construction
and maintaining of our highway system by enacting a fully funded
six-year federal highway reauthorization bill.
Whereas, West Virginia's extensive system of roads, highways
and bridges provides the state's residents, visitors and businesses
with a high level of mobility; and
Whereas, As West Virginia looks to enhance and build a thriving, growing and dynamic state, it will be critical that it is
able to provide a 21st Century network of roads, highways and
bridges that can accommodate the mobility demands of a modern
society; and
Whereas, The U. S. and West Virginia look to rebound from the
current economic downturn, improving the state's transportation
system could play an important role in enhancing West Virginia's
economic well being by providing critically needed jobs in the
short term and by improving the productivity and competitiveness of
the state's businesses in the long term; and
Whereas, West Virginia is one of only four states (Delaware,
North Carolina, and Virginia are the others) that takes care of
both state and county roads; and
Whereas, West Virginia's Department of Transportation has
responsibility for roughly 39,000 miles of public highway mileage,
which makes it the sixth-largest state maintained highway network
in the nation; and
Whereas, West Virginia leads the nation in percentage (94
percent) of miles that are state maintained; and
Whereas, Vehicle travel in West Virginia increased by 33
percent from 1990 to 2007 - jumping from 15.4 billion vehicle miles
traveled in 1990 to 20.6 billion in 2007; and
Whereas, By 2025 vehicle travel in West Virginia is projected
to increase by another 25 percent; and
Whereas, $38 billion in goods are shipped from sites in West
Virginia and another $37 billion in goods are shipped annually to
sites in West Virginia, mostly by truck; and
Whereas, Commercial trucking in West Virginia is projected to
increase 36 percent by 2020; and
Whereas, West Virginia's highway fatality rate is the third
the highest in the nation; and
Whereas, Since FY 1994 the state's Road Fund has experienced
a decline of nearly one-third in the real value of total dedicated
tax revenues; and
Whereas, The WVDOT projects a transportation funding shortfall
of approximately $5 billion from 2009 to 2018; and
Whereas, The federal surface transportation program, which is
set to expire March 31, 2012, is an essential source of funding for
the construction, maintenance and improvement of West Virginia's
highway system but inadequate revenue being collected into the
Federal Highway Trust Fund could result in West Virginia's federal
highway dollars being cut by 35 percent in 2013; and
Whereas, Roads in need of repair cost each West Virginia
motorist an average of $280 annually in extra vehicle operating
costs - $371 million state-wide - from accelerated vehicle
depreciation, additional repair costs, and increased fuel
consumption and tire wear; and
Whereas, A 2007 analysis by the Federal Highway Administration found that every $1 billion invested in highway construction would
support approximately 27,800 jobs, including approximately 9,500 in
the construction sector, approximately 4,300 jobs in industries
supporting the construction sector, and approximately 14,000 other
jobs induced in non-construction related sectors of the economy;
and
Whereas, Transportation funding challenges and possible
shortfalls could result in job losses for many West Virginians
whose employment is connected directly to the state's construction
or engineering industries?or whose business or jobs are dependent
on a safe, modern and reliable transportation infrastructure; and
Whereas, Twenty-four organizations and groups, representing
business, labor, travel and tourism, local governments and
transportation authorities, are assembled today here at the Capitol
to point out the dire circumstances facing our state's roads,
bridges and highways and to showcase the united support for
maintaining and growing a modern, efficient and safe transportation
system; therefore, be it
Resolved by the Senate:
That the Senate recognizes the importance of our highway
system and urges Congress to fully fund the construction and
maintaining of our highway system by enacting a fully funded six-
year federal highway reauthorization bill; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Majority Leader of the United
States Senate and the Speaker of the United States House of
Representatives.
At the request of Senator Beach, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 1, Requesting DOH name bridge
in Mingo County "Brittany Nicole Dentro Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 2, Requesting DOH name bridge
in Monongalia County "Colonel Zackquill Morgan Memorial
Bridge-Founder of Morgantown".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Wells.
Thereafter, at the request of Senator Palumbo, and by
unanimous consent, the remarks by Senator Wells were ordered
printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Friday, January 13, 2012, at 11 a.m.
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