WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
FIRST DAY
____________
Charleston, W. Va., Wednesday, January 8, 2003
Pursuant to section eighteen, article six of the Constitution
of the State of West Virginia, which prescribes that the
Legislature shall convene annually on the second Wednesday in
January, the Senate assembled in its chamber in the state capitol
in the City of Charleston, West Virginia, on this the eighth day of
January, two thousand three, for the first annual session of the
seventy-sixth Legislature, and at 12 o'clock Noon was called to
order by the Clerk of the Senate, the Honorable Darrell E. Holmes.
Pending organization of the Senate by the election of a
President (under the provisions of section twenty-four, article six
of the Constitution), the Honorable William R. Sharpe, Jr., a
senator from the twelfth senatorial district, was called to the
Chair to preside in his capacity as the oldest member present in
point of continuous service.
Prayer was offered by the Reverend Lee McDermott, First
Presbyterian Church, Logan, West Virginia.
The Honorable Joe Manchin III, Secretary of State, appeared at
the bar of the Senate and presented the official returns of the
election held on the fifth day of November, two thousand two, for members of the Senate for the State of West Virginia.
CANDIDATES FOR STATE SENATOR
FOR THE STATE OF WEST VIRGINIA
APPEARING TO HAVE BEEN ELECTED
NOVEMBER 5, 2002
First Senatorial District: Edwin J. Bowman, of the County of
Hancock;
Second Senatorial District: Larry J. Edgell, of the County of
Wetzel;
Third Senatorial District: J. Frank Deem, of the County of
Wood;
Fourth Senatorial District: Lisa D. Smith, of the County of
Putnam;
Fifth Senatorial District: Evan H. Jenkins, of the County of
Cabell;
Sixth Senatorial District: H. Truman Chafin, of the County of
Mingo;
Seventh Senatorial District: Tracy Dempsey, of the County of
Lincoln;
Eighth Senatorial District: Steve Harrison, of the County of
Kanawha;
Ninth Senatorial District: Russ Weeks, of the County of
Raleigh;
Tenth Senatorial District: Jesse O. Guills, Jr., of the County
of Greenbrier;
Eleventh Senatorial District: C. Randy White, of the County of Webster;
Twelfth Senatorial District: Joseph M. Minard, of the County
of Harrison;
Thirteenth Senatorial District: Michael A. Oliverio II, of the
County of Monongalia;
Fourteenth Senatorial District: Sarah M. Minear, of the County
of Tucker;
Fifteenth Senatorial District: Walt Helmick, of the County of
Pocahontas;
Sixteenth Senatorial District: John R. Unger II, of the County
of Berkeley;
Seventeenth Senatorial District: Brooks F. McCabe, Jr., of the
County of Kanawha.
From the foregoing official returns of the election of members
of the Senate, it appears that the persons therein named were
elected to the Senate at the election held on the Tuesday next
after the first Monday in November, two thousand two.
On motion of Senator Chafin, the Senate recessed for five
minutes for the purpose of making introductions.
Upon expiration of the recess, the Senate reconvened.
On the call of the roll of the Senate, the following members
and members-elect answered to their names:
Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey,
Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Tomblin, Unger, Weeks and White.
Thirty-four present and prospective members having answered to
their names, the Chair declared the presence of a quorum.
The following members-elect came forward to the Clerk's desk
and qualified by taking and subscribing to the several oaths of
office prescribed by the Constitution, which oaths were
administered by the Honorable Elliott E. Maynard, Justice of the
Supreme Court of Appeals of West Virginia: Edwin J. Bowman, of the
County of Hancock; Larry J. Edgell, of the County of Wetzel; J.
Frank Deem, of the County of Wood; Lisa D. Smith, of the County of
Putnam; Evan H. Jenkins, of the County of Cabell; H. Truman Chafin,
of the County of Mingo; Tracy Dempsey, of the County of Lincoln;
Steve Harrison, of the County of Kanawha; Russ Weeks, of the County
of Raleigh; Jesse O. Guills, Jr., of the County of Greenbrier; C.
Randy White, of the County of Webster; Joseph M. Minard, of the
County of Harrison; Michael A. Oliverio II, of the County of
Monongalia; Sarah M. Minear, of the County of Tucker; Walt Helmick,
of the County of Pocahontas; John R. Unger II, of the County of
Berkeley; and Brooks F. McCabe, Jr., of the County of Kanawha.
All the members-elect having qualified, the Senate then
proceeded to its biennial organization.
The first order of business in the organization of the Senate
being the election of a President,
For that office, Senator Chafin nominated the Honorable Earl
Ray Tomblin, of the County of Logan; seconded by Senator Kessler.
On motion of Senator Sprouse, Senator Tomblin was reelected President of the Senate by acclamation.
Whereupon, the Chair appointed Senators Chafin, Bailey and
Bowman a committee to escort the President-elect to the Chair.
A standing ovation was then accorded the President-elect, as
he proceeded to the rostrum accompanied by the foregoing select
committee.
Whereupon, Senator Tomblin qualified as President, by taking
the several oaths of office prescribed by law and administered by
the Honorable Elliott E. Maynard, Justice of the Supreme Court of
Appeals of West Virginia.
Senator Tomblin (Mr. President) assumed the Chair and
addressed the Senate as follows:
SENATOR TOMBLIN: Fellow senators, distinguished guests,
ladies and gentlemen, today marks the fifth time I have taken the
oath of office as Senate President.
Each time I have taken the oath, it has come with the same set
of responsibilities and with the same respect and appreciation for
your vote of confidence. I am as eager and optimistic now, as I
was in my first term, because I have been given the opportunity to
lead such a distinguished group of West Virginia public servants.
I thank you for the challenge and for the chance to make a
difference in the lives of the people of the great State of West
Virginia.
Each time I have been honored to convene a new Legislature, a
new set of challenges have come with it. Being both a senator and
a Senate President brings with it new issues--some issues with old themes and some with problems so interconnected one resolution will
set off a chain reaction of solutions or even failure.
As I have stated before, President Franklin Roosevelt took his
oath of office as President of the United States in the throes of
the Great Depression. He proposed drastic measures to deal with
economic threat to our democratic society. He said then, and I say
now, that there are solutions to what we face as a state and we
will find ways to address them. We must have the courage Roosevelt
had to try something, even if we are uncertain of what the outcome
is. To do nothing would be disastrous.
I will not mince words with you here today. We face some
tough economic times and some tough days lie ahead. While I would
rather not have to vote for a tax increase, there's no question
some taxing times are ahead for all of us. Not since the
inauguration of Governor Gaston Caperton has West Virginia faced a
series of fiscal and related human dilemmas as it does today.
But the common thread of those tough days in the late 80s and
early 90s and those of this new century is that we will overcome
these difficult times, just as we overcame them in 1989. We will
be successful by laying aside all differences and working as
unified West Virginians. We must embrace the common goal of
turning these challenges into opportunities and opportunities into
progress and lay the foundation of prosperity for all West
Virginians.
Regrettably many of our problems have been thrust upon us by
dynamics outside of our state. We face a national economy struggling to right itself. But we cannot blame it all on someone
else or something else. And we cannot wait for some magical cure
or instant political savior to ride in and wipe away all our
troubles. Our work will require the sacrifices necessary to put an
end to these diversions so we can continue to work on and develop
the state's economy. We can and we must handle our own problems
here and now. No one else is going to do it for us. Regardless of
where our difficulties have originated, the solutions must come
from the unity and ingenuity of the Senate and the Legislature.
We've also got some tough work to do and some tough decisions
to make in order to put our own house in order. We cannot afford
to focus on anything which does not create more quality jobs in
West Virginia nor which does not place West Virginia on a solid
financial foundation and which does not restore integrity and trust
in our health care delivery system.
Within these challenges, and with the opportunities they
offer, lie the future ability of West Virginia to be attractive to
new business and to strengthening those small businesses and state
industries that we already have. West Virginia must be more
business friendly than it has been in the past. It must recognize
that it is through the activity of commerce that our economy is
made strong enough to pay for the costs of public services and to
protect those citizens unable to care for themselves or even to
provide the necessities of life.
In essence we have to be about the business of business--
creating real wealth through the productions of goods and services.
We must develop a reliable system not beat upon by the shallow
dogma of changing tides of politics, but supported by stable
policies which allow for long-range planning.
We must take steps to discontinue the exportation of our jobs
to other states and other nations.
We must take steps to eliminate the destructive competition
between special interests whose own interests would be best served
by working in partnership rather than as adversaries.
Medicine and the health care industry and those who work
within this vital profession must be allowed to be competitive.
They must be allowed to work within the framework of protection.
Just as we demand excellence in what they do for our own lives,
they have a right to expect not to be unfairly set upon so they can
continue to provide those services all of us so desperately need.
And the broad-based medical care community must be married in any
and all steps we take in economic development. Health care figures
more and more as a vital enticement to new business as part of the
basis of quality of life issues for those looking at coming to work
and live in our great State of West Virginia. A solid and
protected health care industry is also important to economic
development just as schools, roads, water, sewage and recreation
are to job development and future growth.
Labor and management must decide to work together in
cooperation and foster those aspects of public policy which
mutually benefit them. Doctors or lawyers, unions or coal
operators--all must realize it is not through legislative warfare that our problems will be resolved, but by the realization that all
sides must be allowed a level field upon which to achieve the
balance necessary for success.
All of the issues, from workers' compensation and pension fund
liabilities to consumer and professional insurance coverage, from
everything from malpractice to the insurance on your car which you
drive to work to declining state revenues and the desire for
teacher and public employee raises, have a commonality. These
things which they hold in common is not missed by the policymakers
and opinion leaders of this state. They know it takes a strong
economic foundation to provide West Virginia with economic solvency
to meet the demands and take up the slack in the economic chain
when something goes awry in the system.
Raising taxes and making cuts in personnel and programs are
not the type of considerations I like to undertake and I am certain
I am looking at a body of like-minded believers when I say that.
But if it is required--as a last measure--I, for one, will not
hesitate to do my job and fulfill my responsibility to the oath
that I just took.
The Senate, I am confident, will do what it has to do to meet
these challenges which lie ahead of us. Neither the Senate nor I
will be a part of throwing more money into a bottomless purse
especially when the answer could lie elsewhere. It could be that
we just need to start doing a great many things more differently
than we have in the past.
Whatever action we take, even if more money is the answer, we must make it together. Lay aside political bickering and one-
upmanship and shelve the political rhetoric.
Too much is at stake to play politics for politics' sake.
When we engage in a difference of ideas--in the debate over
how best to address the need for change--let's keep one thing
foremost in our minds: We are here to serve, not to be served.
And we are here to do the business of the people who, in their
own right, hold the franchise and privilege of our presence here
with their votes.
They will hold us accountable. And let's remember, they are
also the ones who pay the bills.
So, my fellow senators, we begin the seventy-sixth Legislature
--59 more days of yeas and nays--its success dependent upon what we
are willing to accomplish through compromise. It's in your hands,
not mine alone, that lies the resolution of whether or not the
fiscal storm clouds on the horizon are moving toward us or away
from us.
While some answers to questions are obviously yet to be
determined this session, one thing is for certain: We are all in
this effort together and the fortunes of our state and her people
will rise or fall on what we will do.
As for me, I am optimistic and I enter these challenging times
with the great expectation not only of success, but for a
resolution with lasting results. I hope you will join me in what
the Scripture says, that it is always right to be zealous in a good
thing.
Thank you very much.
__________
At the request of Senator Chafin, and by unanimous consent,
the foregoing acceptance remarks by Senator Tomblin (Mr. President)
were ordered extended in the Journal.
The next order of business being the election of a Clerk,
For that office, Senator Love nominated the Honorable Darrell
E. Holmes, of the County of Kanawha; seconded by Senator McCabe.
On motions of Senator Sprouse, severally made, nominations
were closed and the President was authorized to cast the unanimous
vote of the Senate for the election of Mr. Holmes.
The President then announced the vote and declared that Mr.
Holmes, having received all the votes cast, had been unanimously
reelected Clerk of the Senate.
Whereupon, Mr. Holmes qualified as Clerk, by taking the
several oaths of office prescribed by law and administered by the
Honorable Elliott E. Maynard, Justice of the Supreme Court of
Appeals of West Virginia.
The next order of business being the election of a Sergeant at
Arms,
For that office, Senator Bailey nominated the Honorable Tony
DeRaimo, of the County of Kanawha; seconded by Senator Ross.
On motions of Senator Sprouse, severally made, nominations
were closed and the President was authorized to cast the unanimous
vote of the Senate for the election of Mr. DeRaimo.
The President then announced the vote and declared that Mr. DeRaimo, having received all the votes cast, had been unanimously
reelected Sergeant at Arms of the Senate.
Whereupon, Mr. DeRaimo qualified as Sergeant at Arms, by
taking the several oaths of office prescribed by law and
administered by the Honorable Elliot E. Maynard, Justice of the
Supreme Court of Appeals of West Virginia.
The last order of business in the biennial organization of the
Senate being the election of a Doorkeeper,
For that office, Senator Prezioso nominated the Honorable
Andrew J. Trail, of the County of Kanawha; seconded by Senator
Helmick.
On motions of Senator Sprouse, severally made, nominations
were closed and the President was authorized to cast the unanimous
vote of the Senate for the election of Mr. Trail.
The President then announced the vote and declared that Mr.
Trail, having received all the votes cast, had been unanimously
reelected Doorkeeper of the Senate.
Whereupon, Mr. Trail qualified as Doorkeeper, by taking the
several oaths of office prescribed by law and administered by the
Honorable Elliott E. Maynard, Justice of the Supreme Court of
Appeals of West Virginia.
At the request of Senator Chafin, unanimous consent being
granted, Senator Chafin addressed the Senate regarding the
administration of the oaths of office by the Honorable Elliot E.
Maynard, Justice of the Supreme Court of Appeals of West Virginia.
With the completion of organization of the Senate, by the election of officers for the seventy-sixth Legislature,
The first organizing resolution was then offered, Senator
Chafin submitting the following:
Senate Resolution No. 1--Raising a committee to notify the
House of Delegates the Senate has assembled and completed its
organization.
Resolved by the Senate:
That a committee of three be appointed by the President to
inform the House of Delegates that the Senate has assembled, with
a quorum present, organized by the reelection of the Honorable Earl
Ray Tomblin as President and Mr. Darrell E. Holmes as Clerk, and is
ready to proceed with the business of this regular session.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee, the following:
Senators White, Dempsey and Smith.
Subsequently, Senator White reported that the committee had
performed the duty assigned to it.
The first message this session from the House of Delegates, by
Delegates Spencer, Ennis and Ashley, announced that the House
of Delegates has assembled, with a quorum present, organized by the
reelection of the Honorable Robert S. Kiss as Speaker, and Mr.
Gregory M. Gray as Clerk, and is ready to proceed with the business
of this first regular session of the seventy-sixth Legislature.
Senator Chafin then offered the following resolution:
Senate Resolution No. 2--Raising a committee to inform the
Governor that the Legislature is organized.
Resolved by the Senate:
That a committee of three on the part of the Senate, to join
with a committee on the part of the House of Delegates, be
appointed by the President to notify His Excellency, the Governor,
that the Legislature has assembled in regular session and organized
by the election of officers as required by the Constitution and is
ready, with a quorum of each house present, to proceed with the
business of this session and to receive any communication or
message he may desire to present.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee, the following:
Senators Sharpe, Love and Boley.
A message from the House of Delegates, by
Delegates Browning, DeLong and Calvert, announced that the
Speaker had appointed them a committee of three to join with the
similar committee on the part of the Senate under the provisions of
Senate Resolution No. 2 to wait upon the Governor. Senate and
House members of this select committee then proceeded to the
executive offices.
Subsequently, Senator Sharpe reported that the joint Senate and House committee had performed the duty assigned to it.
Senator Chafin then offered the following resolution:
Senate Resolution No. 3--Adopting rules of the Senate.
Resolved by the Senate:
That the rules of the Senate be adopted as follows and shall
govern the proceedings of the Senate during the seventy-sixth
Legislature, subject to amendment as provided in the rules:
RULES OF THE SENATE
QUORUM
1. A majority of the members elected to the Senate shall
constitute a quorum and a quorum shall be necessary to proceed to
business, but two members may adjourn, and three members may order
a call of the Senate, send for absentees and make any order for
their censure or discharge. On a call of the Senate, the doors
shall not be closed against any member until his or her name shall
have been twice called.
2. In case a less number than a quorum of the Senate shall
convene, the members present are hereby authorized to send the
Sergeant at Arms, or any other person or persons by them
authorized, for any and all absent members as the majority of such
members shall agree, at the expense of such absent members,
respectively, unless such excuse for nonattendance shall be made as
the Senate, when a quorum is convened, shall judge sufficient; and,
in that case, the expense shall be paid out of the contingent fund
of the Senate. This rule shall apply, as well to the first meeting
of the Senate at the legal time of meeting, as to each day of the session, after the hour has arrived to which the Senate stood
adjourned.
OFFICERS
3. The Senate, at the commencement of each new Legislature,
shall elect as its officers a President, Clerk, Sergeant at Arms
and Doorkeeper. The vote of a majority of all the members elected
to the Senate shall be necessary for the election of these officers
and the vote shall be by voice vote and be entered upon the
Journal.
4. The President of the Senate shall appoint a President pro
Tempore, who, during the absence of the President, shall preside
and perform all the duties of the President.
5. The President may call a member to the chair who shall
perform the duties of the chair until the President returns to the
chair, but no member by virtue of such appointment shall preside
for a longer period than three consecutive legislative days.
6. The Clerk of the Senate shall not allow any records or
papers to be taken from the table or out of his or her custody
except by a chairperson of a committee to which they may have been
referred and then only upon a proper receipt therefor and except as
required by these rules or by the Joint Rules of the Senate and
House of Delegates.
ORDER OF BUSINESS AND PROCEDURE
7. The order of business of the Senate shall be:
1. To read, correct and approve the Journal.
2. Introduction of guests.
3. To dispose of communications from the House of
Delegates and the Executive.
4. To receive reports from standing committees.
5. To receive reports from select committees.
6. To receive bills, resolutions, motions and petitions.
7. To act upon unfinished business of the preceding day
and resolutions lying over from the previous day,
and no resolution shall lose its place on the
calendar by not being acted upon on the day
following that on which it was offered.
8. Senate and House Bills on third reading.
9. Senate and House Bills on second reading.
10. Senate and House Bills on first reading.
11. Introduction of guests.
12. Remarks by Members of the Senate.
13. Miscellaneous business.
8. Every member desiring to speak shall stand in his or her
own place, address the President and, upon being recognized, shall
proceed, confining oneself to the question under debate, avoiding
all indecorous or disrespectful language. The President may
recognize the member by name; but no member in debate or remarks
shall designate another by name.
9. If the question in debate contains several points, any
member may have the same divided. On motion to strike out and
insert, it shall not be in order to move for a division of the
question.
10. The rejection of a motion to strike out and insert one
proposition shall not prevent a motion to strike out and insert a
different proposition and shall not prevent a subsequent motion to
simply strike out. The rejection of a motion simply to strike out
shall not prevent a subsequent motion to strike out and insert.
11. No question shall be debated until it has been propounded
by the President. The President, after calling a member to assume
the chair, the mover of the question, the chairperson of the
committee that reported the matter or the sponsor of the bill or
resolution, in that order of preference, shall have the right to
explain his or her views in preference to any other member.
12. No member shall speak more than twice upon the same
question without leave of the Senate or more than once until every
member choosing to speak shall have spoken, except that the mover
of the question shall have the right to close the debate thereon.
13. While the President is putting the question, any member
who has not spoken before to the matter may speak to the question
before the negative is put.
BILLS AND RESOLUTIONS
14. No Senate bill, other than a Senate supplementary
appropriation bill, and no Senate joint resolution shall be
introduced in the Senate after the forty-first day of a regular
session unless permission to introduce the bill or the joint
resolution be given by a Senate resolution, setting out the title
to the bill or the joint resolution and adopted by a two-thirds
vote of the Senate members present. When permission is requested to introduce a bill or joint resolution under the provisions of
this rule, quadruplicate copies of the bill or the joint resolution
shall accompany the resolution when introduced.
A standing committee of the Senate may originate a bill or
resolution and report the same after the forty-first day.
The forty-first day of the regular session held in the year
one thousand nine hundred seventy-seven and every fourth year
thereafter shall be computed from and include the second Wednesday
of February of such years.
15. Each bill or resolution for introduction shall be
presented in quadruplicate, bearing the name of the member or
members by whom it is to be introduced, and shall be filed with the
Clerk not later than twelve o'clock meridian on the legislative day
next preceding its introduction: Provided, That the pre-filing
requirement shall not apply to the first day of any session of the
Legislature. A bill may be introduced by request. All bills
introduced by request shall bear the words "by request", following
the designation of the name or names of the bill sponsor or
sponsors.
The Clerk shall designate one copy of a bill or resolution the
official copy and it shall constitute the official bill or
resolution for use of committees and for the permanent files of the
Senate. One copy shall be used for printing and copying, one for
the use of the news media and one for the Clerk's general office
files.
Each bill or resolution shall be numbered, edited and corrected as to form by the Clerk and reported by the Clerk to the
Senate on the next legislative day, under the sixth order of
business. In case of urgency, on motion for leave agreed to by a
majority of the members present, a member may introduce a bill or
resolution from the floor.
15a. Prior to final consideration, by any committee, in the
Senate, of any bill which either increases or decreases the revenue
or fiscal liability of the State or any county, municipality or
other subdivision of the State or in any manner changes or modifies
any existing tax or rate of taxation, such bill shall have attached
thereto a fiscal note, if available, which "fiscal note" shall
conform to the requirements as to form and content prescribed by
the "Fiscal Note Manual", prepared and adopted by the Committee on
Rules to govern preparation of fiscal notes to bills introduced in
the Senate.
It shall be the responsibility of the legislator introducing
a bill to obtain such note when required. Such note shall be
attached to the bill when filed for introduction, if at all
possible, and shall accompany any bill requiring such note when the
same is reported from committee.
The jackets of all measures with fiscal notes attached or
requiring such notes shall have the words "Fiscal Note" or the
initials "FN" clearly stamped or endorsed thereon.
16. All concurrent and simple resolutions, when introduced,
shall lie on the table at least one day, and then be referred to
the appropriate committee unless the Senate directs otherwise by a vote of a majority of the members present.
It is hereby declared to be the policy of the Senate that
concurrent resolutions be limited to the general purposes of
expressing the sentiments of the Legislature, for authorizing
expenditures incidental to the sessions and business of the
Legislature, for agreeing upon adjournments beyond the
constitutional limitation, for creating special joint committees,
for raising a joint assembly and other inferior and incidental
purposes of legislation, and such other purposes as the Legislature
may deem proper. The adoption of such resolutions must be
concurred in by both houses.
Concurrent resolutions shall be restricted to expressions of
sentiments and actions having a bearing upon matters incident to
legislative business and the functioning of the legislative process
insofar as possible.
Concurrent resolutions shall not embrace congratulatory
expressions to individuals, organizations, associations or other
entities having no relation to the Legislature or public affairs
generally, athletic events, scholastic contests, or any other
matter not related to the scope and areas of legislative business:
Provided, That this rule shall not bar the introduction of
resolutions memorializing deceased members of the Legislature and
public officials or commending or congratulating public officials
on actions in connection with governmental affairs.
Before any concurrent resolution is introduced, it shall be
submitted to the Clerk for determination of compliance with this rule. If the Clerk determines that it is in compliance with this
rule, the concurrent resolution shall be introduced. If the Clerk
determines that it is not in compliance with this rule, or if the
Clerk is in doubt about its compliance, the Clerk shall submit it
to the Committee on Rules for this determination, and then the
concurrent resolution shall be introduced only if the Committee
determines that it is in compliance with this rule.
17. Unless otherwise directed by the Committee on Rules all
bills, resolutions or business originating in the Senate shall be
considered at the appropriate order of business in the order in
which they are introduced, and all bills and resolutions received
from the House of Delegates shall be introduced in the order in
which they are received and shall be considered at the appropriate
order of business in their numerical order.
18. All bills and resolutions passed or adopted by and
reported from the House of Delegates shall be read by their titles
and referred to the appropriate committee unless the Senate directs
otherwise by a vote of a majority of the members present. They
shall then be proceeded with in the same manner as Senate bills or
resolutions. All bills and joint resolutions introduced shall be
read by their titles and referred to the appropriate committee
without printing and shall be treated in committee as resolutions
of inquiry. If the committee reports a bill or resolution
different, either by amendment or substitution, from the one
introduced, it shall be received and treated by the Senate as the
original bill or resolution. All Senate bills and joint resolutions reported by a committee shall be printed, with the
proposed committee amendments printed on the foot thereof, and
shall be then read a first time, unless in any of the aforesaid
cases the Senate directs otherwise by a vote of a majority of the
members present.
18a. Any bill, resolution or business which does not follow
the procedures of Rule Nos. 17 and 18 shall remain in the
possession of the Senate Rules Committee.
19. All bills shall be read on three different days, unless
in case of urgency, by a vote of four fifths of the members
present, taken by yeas and nays on each bill, this rule be
dispensed with.
20. All engrossed bills shall be fully and distinctly read
when put upon their passage.
21. On each reading of the bill the Clerk shall state whether
it is the first, second or third reading of such bill, but no bill
shall be put upon its second reading until the same shall have been
printed and delivered to the members of the Senate at least one day
previous to such reading, unless the Senate directs otherwise by a
vote of a majority of the members present.
21a. Upon motion of any member, on any legislative day or the
day preceding, the Senate may, by a vote of two thirds of those
present, establish a period of time known as "Bill Reading Docket".
Such motion shall state each bill to be read, the time and
order for such bill reading docket to commence and to conclude, and
may provide for the adjournment or recess of the Senate for not more than one legislative day, during which reading of the docket
no motion, except a motion to postpone the reading of the bills, by
two-thirds vote of those elected, shall be heard. A quorum shall
not be required during the reading of the docket. Any and all
members requesting that a bill be read shall be present at all
times in the Chamber during its reading.
All bills read on the bill reading docket shall be considered
as having been read fully and distinctly.
22. On the first reading of a bill, a motion to reject the
bill shall be in order.
23. If a committee shall have reported adversely to a bill,
the President immediately after the report of said committee is
read shall put the question, "Shall the bill be rejected?" which
question shall have precedence over all motions, except a motion to
adjourn.
24. A bill shall be amended only on second reading. When a
bill is being read for amendment, it shall be read section by
section on the demand of any two members. When the amendments
which may be moved shall be disposed of, the question shall be
taken on ordering a Senate bill to be engrossed and ordered to
third reading and on ordering a House bill to third reading. If a
Senate bill should be ordered to its engrossment and third reading
and amendments thereto have been made, the type from which the bill
was originally printed shall be changed to conform to the
amendments. The bill shall then be reprinted and shall be the
engrossed bill. If no amendments are made, the bill as originally printed may be ordered to its third reading and shall become the
engrossed bill. All Senate bills so ordered shall be jacketed,
endorsed with their number, title, by whom introduced, and if the
bill is finally passed, the date of its passage and the signature
of the Clerk. If a Senate bill should be passed by the House and
returned to the Senate without amendments, or if amended, and the
amendments should be agreed to, the bill shall be enrolled by the
Clerk and delivered to the Joint Committee on Enrolled Bills. In
the case of a House bill on second reading if the same be amended,
the amendment or amendments shall be noted in full in typewriting
on slips of paper and attached to the bill at the proper place by
the Clerk before the bill is returned to the House, and all
amendments shall appear in the Senate Journal.
25. When a bill or joint resolution is put upon its passage
or adoption, respectively, the President shall propound the
question, "Shall the bill pass?" or "Shall the resolution be
adopted?" On the passage or adoption, respectively, of every bill
or joint resolution, the vote shall be taken by yeas and nays.
When the bill or joint resolution is on second reading and the
question is upon striking out, the President shall propound the
question, "Shall these words be stricken out?"
26. When a Senate bill or Senate joint resolution passed by
the Senate shall be amended by the House of Delegates, the question
on agreeing to the bill or joint resolution, as amended, shall be
again voted on by yeas and nays in the Senate. In all such cases
the affirmative vote of a majority of all the members elected to the Senate shall be necessary.
COMMITTEES
27. At the commencement of each Legislature, standing
committees shall be appointed, each committee to consist of the
number of members indicated in the parentheses following the naming
of the committee. The following committees shall be named:
1. On Agriculture (10).
2. On Banking and Insurance (13).
3. On Confirmations (9).
4. On Economic Development (15).
5. On Education (14).
6. On Energy, Industry and Mining (14).
7. On Finance (17).
8. On Government Organization (15).
9. On Health and Human Resources (14).
10. On Interstate Cooperation (7); (the President of
the Senate is to be ex officio cochairperson).
11. On the Judiciary (16).
12. On Labor (10).
13. On Military (9).
14. On Natural Resources (14).
15. On Pensions (7).
16. On Rules (10); (the President of the Senate is to be
ex officio chairperson).
17. On Transportation (9).
28. All standing committees shall be appointed by the President. The President shall designate the chairperson of each
standing committee and may also designate a vice chairperson of any
standing committee when the President may deem it advisable.
The chairperson of each standing committee of the Senate shall
cause a record to be kept of every meeting of such committee,
wherein shall be entered:
(a) The time and place of each committee meeting and every
hearing had before the committee.
(b) The attendance of members of the committee at each meeting
thereof.
(c) The name of any person appearing before the committee and
the interest represented by him or her.
(d) The vote of each member of the committee when a yea and
nay vote is taken.
Any member of such standing committee may cause a notation to
be made upon the record aforesaid of the reason for his or her
absence at any former meeting of the committee; and, in the absence
of any such explanatory note, the presumption shall be that his or
her absence was without reasonable cause.
The chairperson of each standing committee shall, upon
request, make the record of any yea and nay vote taken, in open or
executive session, available for public inspection no later than
the next legislative day after the close of the standing committee
meeting at which such yea and nay vote was taken.
The several standing committees shall have leave to report by
bill, resolution, or otherwise, any proposed legislation originating therein, as well as to report back a committee
substitute for a Senate bill or resolution, or otherwise. A
committee substitute, with the consent of the original sponsor,
shall carry the name of the original sponsor. Reports of
committees shall be advisory only. All committees shall submit
their reports to the Senate in writing and the same shall be
printed in the Journal.
On the adjournment of each session of the Legislature, the
chairperson of the respective committees shall deliver to the Clerk
of the Senate the record book herein provided for, and it shall be
the duty of such Clerk to preserve the same among the archives of
his or her office.
29. The President shall refer bills and resolutions
introduced and such other matters as the President shall deem
appropriate to a standing committee.
30. Select committees shall consist of not less than three
nor more than five members, unless the Senate directs otherwise by
a vote of a majority of the members present.
31. The Committee on Rules shall examine the oaths taken by
each member and the evidence of their election and report to the
Senate.
The Committee on Rules shall report in all cases of privileges
and contested elections, the principles and reasons on which their
resolutions are founded.
The Committee on Rules shall see that all papers belonging to
the Clerk's Office are properly labeled and filed and that the books belonging to the office are chronologically arranged.
32. All meetings of Senate standing committees, other than
executive sessions, shall be open to the public, and an executive
session may be held only upon a majority vote of the members
present.
33. When the Senate shall resolve itself into the Committee
of the Whole, the President shall leave the chair and appoint a
chairperson to preside in the committee.
The Committee of the Whole shall consider and report on such
subjects as may be committed to it by the Senate. The rules of the
Senate shall be observed in the Committee of the Whole, so far as
they are applicable, except the rules limiting the number of times
speaking, concerning the previous question and taking the yeas and
nays. The proceedings in the Committee of the Whole shall not be
recorded on the Journal of the Senate, except so far as reported to
the Senate by the chairperson of the committee.
34. Any bill, resolution or business may, by a vote of the
majority of the members present, be withdrawn from the committee to
which it had been referred or be taken from the table, and placed
upon the calendar of the Senate in such order of business as the
Senate may direct: Provided, That those bills, resolutions or
business referred to the Senate Rules Committee under authority of
Rule No. 17 may by a vote of two thirds of the members present be
withdrawn from the Senate Rules Committee.
DECORUM AND DEBATE
35. If a member be called to order for words spoken in debate, the person calling the member to order shall repeat the
words excepted to, and they shall be taken down in writing at the
Clerk's table; and no member shall be held to answer, or be subject
to the censure of the Senate, for words spoken in debate if any
other member has spoken or other business has intervened after the
words spoken and before the exception to them was taken.
36. While the President is reporting or putting a question,
no one shall entertain private discourse or walk into, out of or
across the Senate Chamber.
37. No member or other person except the Clerk and the
Clerk's assistants shall visit or remain by the Clerk's table while
the yeas and nays are being taken.
38. During any debate, any Senator, though he or she has
spoken to the matter, may arise and speak to the orders of the
Senate, if they be transgressed, in case the President does not.
MOTIONS
39. When a question is pending, no motion shall be received
except:
1. To adjourn.
2. To lay on the table.
3. For the previous question.
4. To postpone the question to a different day.
5. To commit.
6. To amend.
7. To postpone indefinitely.
These several motions shall have precedence in order in which they are arranged.
40. The following motions shall be decided without debate,
and shall not be amended:
1. To adjourn.
2. To fix the time to which the Senate shall adjourn.
3. To lay on the table.
4. For the previous question.
5. To suspend the constitutional rule requiring bills
to be read on three several days.
6. To recess.
41. There shall be a motion for the previous question, which
being ordered by a majority of the members present, shall have the
effect to cut off all debate and bring the Senate to a direct vote
upon the immediate question or questions on which it has been asked
and ordered. The previous question may be asked and ordered upon
a single motion, a series of motions, or may be made to embrace all
authorized motions or amendments and include the bill to its
engrossment and third reading and then, on renewal and second of
said motion, to its passage or rejection. It shall be in order,
pending a motion for, or after the previous question shall have
been ordered on its passage, for the President to entertain and
submit a motion to commit with or without instructions to a
standing or select committee. A motion to lay upon the table
pending a motion for the previous question shall be in order only
when the previous question has been moved on the second or third
reading of a bill.
A call of the Senate shall not be in order after the previous
question is ordered, unless it shall appear upon an actual count by
the President that a quorum is not present.
All incidental questions of order arising after a motion is
made for the previous question, and pending such motion, shall be
decided, whether on appeal or otherwise, without debate.
RECONSIDERATION OF VOTE
42. After any question has been decided in the affirmative or
in the negative, it shall be in order for any member who voted with
the prevailing side to move for a reconsideration of the vote
thereon at any time on the same day or the next succeeding day of
actual session. When the yeas and nays have not been recorded in
the Journal, any member, irrespective of whether he or she voted
with the prevailing side or not, may make the motion to reconsider.
If the Senate refuse to reconsider, or upon reconsideration shall
affirm its first decision, no further motion to reconsider shall be
in order. No vote shall be reconsidered upon motions to adjourn,
to lay on the table, to take from the table or for the previous
question.
The motion to reconsider may be put and acted upon when made.
If seconded, it shall take precedence of all other questions,
except the consideration of a conference report and the motion to
adjourn, and unless by motion postponed until some future date be
acted upon at once. When a motion to reconsider is made and not
acted upon at the time, it shall be placed upon the calendar, under
unfinished business, and be acted upon the next succeeding day of actual session. A motion to reconsider shall not be withdrawn
without leave of the Senate.
No bill, resolution, message, report, amendment or motion,
upon which a motion is pending to reconsider the vote thereon,
shall be taken out of the possession of the Senate until final
disposition of the motion to reconsider. No motion for
reconsideration of the vote on any question, which has gone out of
the possession of the Senate, shall be in order unless subsequently
recalled by vote of the Senate and in possession of the Clerk.
When a motion to reconsider has been carried, its effect shall
be to place before the Senate the original question in the exact
position it occupied before it was voted upon.
VOTING
43. Every member within the Senate Chamber, when a question
is put, shall vote unless he or she is immediately and particularly
interested therein, meaning an interest that affects the member
directly and not as one of a class, or the Senate excuses him or
her. All motions to excuse a member from voting must be made by
the member requesting to be excused before the Senate divides, or
before the call of the yeas and nays is commenced, and it shall be
decided without debate, except that the member making the motion to
be excused from voting may briefly state the reason why it ought to
be adopted.
44. The yeas and nays shall be taken on motions to dispense
with the constitutional rule requiring a bill to be fully and
distinctly read on three different days and on fixing the effective date of an act of the Legislature; on agreeing to a joint
resolution proposing an amendment to the Constitution of the State;
on the passage of a bill notwithstanding the objections of the
Governor; on the passage of a supplementary appropriation bill; on
the passage of a Senate bill or Senate joint resolution amended by
the House; on all questions where a specific vote is required by
the Constitution, the Joint Rules of the Senate and House of
Delegates, or by these rules; on the passage of a bill; and on
quorum calls: Provided, That the yeas and nays shall be taken on
demand of any member on any question unless another member objects.
Upon any such objection the President shall inquire of the
membership if the demand for the yeas and nays is sustained. If
the demand is so sustained by one tenth of the members present, the
yeas and nays shall be taken, and, if the demand is not sustained
by one tenth of the members present, then the yeas and nays shall
not be taken.
The result of all votes taken by yeas and nays shall be
entered on the Journal. When the yeas and nays are inserted on the
Journal, the result of the vote as to total yeas, nays and
absentees shall be recorded, with the names of the Senators voting
yea or nay, and those absent.
When the yeas and nays are ordered, or a call of the Senate is
directed, the names of the members shall be called in alphabetical
order; excepting, however, the name of the President, which shall
be called last.
After completion of a roll call vote, no member shall speak to explain his or her vote. A member's vote explanation shall not be
printed in the daily Journal. A member may have his or her vote
explanation printed in the bound Journal provided the member
obtains the floor and makes this request immediately following
announcement of the results of the roll call vote and disposition
of the matter and delivers his or her written vote explanation to
the Clerk within three legislative days during the session or, if
there are less than three legislative days remaining in the
session, within seventy-two hours after adjournment sine die. The
Clerk shall note on the daily Journal for the day of the roll call
vote that the member has reserved the privilege of having his or
her vote explanation printed later in the bound Journal.
45. On all roll calls of the yeas and nays when the voting
machine is not used, and before the result is announced, the Clerk
shall at the request of any member read either the names of those
who voted yea or of those who voted nay, whichever is the smaller
number, and the names of those absent and not voting, if any, and
shall announce that all others voted either yea or nay, whichever
is the larger number. In the event of a tie vote, the Clerk shall
upon such request read the names of those who voted yea and the
names of those absent and not voting, if any, and shall announce
that all others voted nay. At that time any member shall have the
right to correct any mistake committed in enrolling his or her
name. The vote then shall be announced and the count entered on
the Journal.
45a. The voting machine may be used in taking the yeas and nays on any question. It may also be used for quorum calls and for
determining the result when a division is demanded. When the
machine is used for calling the attendance roll, a member shall
indicate "present" by use of the green "yea" button.
When a vote is to be taken on the voting machine, the
President shall announce the question to be voted upon and direct
the Clerk to prepare the machine. When the machine is ready for
voting, the President shall state, "The members will now vote."
After reasonable time has been given for all members to vote, the
President shall ask, "Have all members voted?" After a brief pause,
the President shall direct the Clerk to close the machine and
ascertain the result. The Clerk shall hand the record of the vote
to the President who shall promptly announce the result. Voting
shall be continuous and shall be permitted until the result thereof
is announced by the President: Provided, That any vote cast after
the machine has been closed shall be stated by the President as
having been cast and such shall be entered on the Journal:
Provided, however, That no vote may be cast after the vote has been
announced.
While the members are voting and before the machine is closed,
the wall display boards shall continuously display the vote of each
member and the total pending vote.
Under no circumstance shall a member or nonmember vote on
behalf of another member.
All other rules governing voting and the taking of the yeas
and nays, insofar as applicable, shall apply to taking votes by means of the voting machine.
MESSAGES
46. The Clerk of the Senate may interchange messages with the
Clerk of the House of Delegates during sessions of the Senate and
between the hours of adjournment and that of meeting on the
following legislative day.
47. Messages may be received in any stage of business except
when a question is being put by the President, while the yeas and
nays are being called by the Clerk or while the votes are being
counted.
48. When a bill or resolution of the House of Delegates is
passed or rejected by the Senate, the fact of its passage or
rejection, with the bill or resolution shall be communicated to the
House of Delegates.
JOURNAL
49. The Journal of the Senate shall be daily drawn up by the
Clerk and shall be read, corrected and approved the succeeding day.
It shall be printed under the supervision of the Clerk and
delivered to the members without delay. After the printed Journal
has been approved and fully marked for corrections, the type from
which it was printed shall be changed in accordance therewith, and
from the type so corrected shall be printed the number of copies
required by law for the regular bound volumes of the Journal. In
addition thereto ten copies shall be printed on 6 x 9 heavy weight
bond paper with a certificate at the end thereof signed by the
President and Clerk of the Senate certifying that the same is the Official Journal of the Senate. They shall be bound in flexible
binding and bear the imprint on the back, "Official Journal of the
Senate of West Virginia", with designation of regular or
extraordinary session and the year. After being signed by the
proper officers, two of these copies shall be retained in the
office of the Clerk, one copy shall be lodged in the office of the
Governor, one with the Secretary of State, one with the Department
of Archives and History and one with the Clerk of the House of
Delegates.
ABSENCE OF MEMBERS
50. No member shall absent himself or herself from the
service of the Senate during its sittings without leave of the
Senate, except in case of his or her sickness or other unavoidable
cause which may prevent his or her attendance.
POWER OVER MEMBERS
51. No Senator shall be taken into custody by the Sergeant at
Arms on any question of complaint of breach of privilege until the
matter is examined by the Committee on Rules and reported to the
Senate, unless by order of the President of the Senate.
52. The Senate may punish its own members for disorderly
behavior, and with the concurrence of two thirds of the members
elected thereto, expel a member, but not twice for the same
offense.
POWER OVER OTHERS
53. The Senate may punish by imprisonment, any person not a
member, for disrespectful behavior in its presence; for obstructing any of its officers in the discharge of their duties, or for any
assault, threat or abuse of any member for words spoken in debate;
but such imprisonment shall not extend beyond the termination of
the session.
GUESTS AND PRIVILEGE OF THE FLOOR
54. No person except members of the House of Delegates,
former members of the West Virginia Legislature who are not
lobbyists, duly accredited representatives of the press, radio and
television and legislative officers and employees engaged in the
proper discharge of their duties, shall be admitted within the
Senate Chamber while the Senate is in session. The rear or east
balcony of the Senate Chamber shall be reserved for guests of the
members of the Senate, and admission thereto shall be by pass
signed by the President and the member seeking admission of the
guest.
LOBBYING
55. No person, not a member of the Senate, shall, while
within the Chamber when the Senate is in session, seek in any
manner whatsoever to influence the vote or opinion of any Senator
on any subject of legislative consideration, under penalty of
disbarment from the Chamber for the remainder of the legislative
session. No employee of the Senate shall, at any time, engage in
such activity, under penalty of immediate dismissal by the
Committee on Rules.
56. Repealed by S. R. 16, February 1, 1978.
NOMINATIONS AND CONFIRMATIONS
57. Unless the Senate directs otherwise by a vote of a
majority of the members present, when nominations shall be made in
writing by the Governor to the Senate, a future day shall be
assigned for taking them into consideration and the nominations
shall be referred to the Committee on Confirmations.
When considering and acting on the nominations of the
Governor, the Senate shall be in open session. The voting on each
nomination shall be by yeas and nays. The result of Senate action
upon any nomination by the Governor shall be forthwith certified to
the Governor in a formal communication signed by the President and
attested by the Clerk.
DEFINING NEXT MEETING OF THE SENATE
57a. The phrase "next meeting of the Senate" contained in
article seven, section nine of the Constitution of West Virginia
means any time the full Senate is convened and includes, but is not
limited to, any regular session, any extraordinary session called
during any recess or adjournment of the Legislature, during any
impeachment proceeding or any time the Senate is convened pursuant
to section ten-a, article one, chapter four of the code of West
Virginia.
CONSTITUTIONAL AMENDMENT
58. When an amendment to be proposed to the Constitution of
West Virginia is under consideration, the vote of a majority of the
members present shall be sufficient to decide an amendment thereto
or any collateral or incidental questions. A proposed amendment to
the Constitution of West Virginia, to be adopted, must be agreed to by a two-thirds vote of the members elected to the Senate.
ADJOURNMENT
59. When the Senate adjourns each day, it shall stand
adjourned to 2 o'clock P.M. the next day, unless the Senate directs
otherwise by a vote of a majority of the members present, and every
member shall keep his or her seat until the President leaves the
chair.
AMENDING RULES
60. All propositions to amend these standing rules or any
order of the Senate shall be by resolution and be at once referred,
without debate, to the Committee on Rules and shall be reported
therefrom within seven legislative days. Any such resolution may
be adopted by a majority vote.
SUSPENSION OF RULES OR ORDER
61. No standing rule or order of the Senate shall be
suspended except by a vote of two thirds of all the members of the
Senate present.
PARLIAMENTARY PROCEDURE
62. In all cases not provided for by these Rules of the
Senate or the Joint Rules of the Senate and House of Delegates, the
Senate shall be governed by Jefferson's Manual and Rules of the
House of Representatives of the United States Congress and
practices thereunder.
At the request of Senator Chafin, unanimous consent being
granted, the resolution (S. R. No. 3) was taken up for immediate
consideration, reference to a committee dispensed with, and adopted.
Senator Helmick offered the following resolution:
Senate Resolution No. 4--Relating to the mailing of bills and
journals.
Resolved by the Senate:
That during the regular and any extraordinary session of the
seventy-sixth Legislature the Clerk of the Senate is hereby
authorized to have mailed from the Senate document room copies of
bills and daily journals of the Senate to addresses furnished by
members of the Senate, twenty of which such addresses may be
submitted by each; the expenses of such mailing, including postage,
to be paid out of the contingent fund of the Senate by the Auditor
of West Virginia, in advance of the appropriation therefor, under
requisition drawn by the Clerk of the Senate.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senators Tomblin (Mr. President), Chafin and Sprouse offered
the following resolution:
Senate Concurrent Resolution No. 1--Adopting joint rules of
the Senate and House of Delegates.
Resolved by the Legislature of West Virginia:
That the Joint Rules of the Senate and House of Delegates
governing the seventy-fifth Legislature are hereby adopted to
govern the proceedings of the seventy-sixth Legislature, subject to
subsequent amendment.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senators Tomblin (Mr. President), Helmick and Sprouse offered
the following resolution:
Senate Concurrent Resolution No. 2--Relating to the payment of
bills for supplies, services and printing and authorized contingent
and other expenses of the seventy-sixth Legislature.
Resolved by the Legislature of West Virginia:
That for the regular and any extraordinary session of the
seventy-sixth Legislature, the Auditor of West Virginia, in advance
of the appropriation for such purposes, is hereby authorized, upon
proper requisition of the Clerk of the Senate and the Clerk of the
House of Delegates, to pay bills for supplies and for services
furnished to the Legislature preparatory to the beginning of,
during and following the adjournment of sessions, including
contingent expenses of the respective houses; the per diem of
officers, other than the President of the Senate and the Speaker of
the House of Delegates, and employees of the Senate and of the
House of Delegates; travel expenses of members as authorized by
law; bills for legislative printing as the accounts for same become
due; and any other authorized contingent and other expenses of the Legislature or the respective houses.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolutions were introduced, read by their titles, and
referred to the appropriate committees:
By Senators Tomblin (Mr. President) and Boley:
Senate Bill No. 1--A Bill to amend and reenact section one-b,
article two, chapter twenty-seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to removing
the requirement that the joint committee on government and finance
be given reports on the Colin Anderson closure and relocation of
patients.
Referred to the Committee on Government Organization.
By Senators Edgell, Caldwell, Minard, Prezioso, Hunter and
Unger:
Senate Bill No. 2--A Bill to amend and reenact section
thirteen-a, article seven-a, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to employment of members of the teachers' defined benefit retirement system by institutions of higher education following the
retirement of the member.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Hunter and Minard:
Senate Bill No. 3--A Bill to amend and reenact section
thirteen, article eight, chapter five-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to confidentiality of certain public records and
information contained therein; and creating misdemeanor criminal
offense and penalty.
Referred to the Committee on the Judiciary.
By Senators Hunter and Minard:
Senate Bill No. 4--A Bill to amend and reenact section one,
article six, chapter fifty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
enforcement of judgments in magistrate court; requiring notice of
liens by certified mail; and affording defendant opportunity of
challenging validity of judgment or lien in magistrate court.
Referred to the Committee on the Judiciary.
By Senators Hunter and Love:
Senate Bill No. 5--A Bill to amend article one, chapter fifty
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new section, designated section
nine-b, relating to temporary appointment of retired magistrate
clerks in single-clerk counties.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Hunter, Minard and Love:
Senate Bill No. 6--A Bill to amend and reenact section
twenty-five, article ten, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to the West Virginia public employees retirement act; and
preventing the reduction of retirement annuities for certain
persons who retired on disability retirement.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Hunter and Love:
Senate Bill No. 7--A Bill to amend and reenact section two,
article two, chapter eighteen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to the term
of contract for a person hired as a coach in the county school
system.
Referred to the Committee on Education.
By Senators Hunter, Minard and Rowe:
Senate Bill No. 8--A Bill to amend and reenact section six,
article sixteen-b, chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to the
children's health insurance program; and expanding availability of
coverage to children whose family income is less than two hundred
fifty percent of the federal poverty guideline.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Hunter and Snyder:
Senate Bill No. 9--
A Bill to amend chapter seventeen-c of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article
twenty-four, relating to regulating the operation of all-terrain
vehicles; prohibiting certain acts by the operator, seller and
rental agent; requiring certain equipment, registration decals and
insurance; and requiring notification of accidents.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Rowe:
Senate Bill No. 10--
A Bill to amend and reenact section ten,
article twenty-five, chapter eight of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
cooperation and collaboration between regional councils and
agencies of government in planning and development; enhancing
planning and development along highway corridors within the state;
and allowing regional councils to share staff with other regional
councils or agencies of government pursuant to mutual agreement in
order to collaborate with one another and to coordinate activities
to enhance and coordinate planning and development in regions of
the state and along highway corridors of the state.
Referred to the Committee on Government Organization.
By Senator Rowe:
Senate Bill No. 11--A Bill to amend and reenact section thirty, article three, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to
making multiple acts of vandalism a felony when the
total damage exceeds five thousand dollars; and specifying criminal
penalties.
Referred to the Committee on the Judiciary.
By Senator Rowe:
Senate Bill No. 12--A Bill to amend and reenact section
fourteen, article eight, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to increasing criminal penalties for intentional cemetery
damage; providing that each
mausoleum, burial site within a
mausoleum, grave, gravestone or other gravemarker or other
designated human burial site desecrated constitutes a separate
offense;
and providing for a felony offense for persons
who
intentionally desecrate four or more mausoleums, graves,
gravestones or gravemarkers or designated burial sites, including
any combination thereof, during any continuous sequence of acts of
desecration.
Referred to the Committee on the Judiciary.
By Senator Rowe:
Senate Bill No. 13--A Bill to amend and reenact section
thirty-one-e, article six, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to settlements under underinsured motorist coverage;
reducing the time an underinsured motor vehicle insurance carrier has to approve or disapprove a liability settlement; and allowing
an assigned claim number to be used in notice of settlement in lieu
of a policy number.
Referred to the Committee on Banking and Insurance.
By Senator Rowe:
Senate Bill No. 14--A Bill to amend and reenact section ten-a,
article three, chapter five-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to state,
county and municipal contracts generally; and prohibiting counties
and municipalities from contracting with vendors owing a debt to
the state or any county or municipality.
Referred to the Committee on Government Organization.
By Senators Unger and Oliverio:
Senate Bill No. 15--A Bill to amend and reenact section
nineteen, article sixteen, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
amend and reenact section nine, article six, chapter sixty of said
code, all relating to prohibiting open nonintoxicating beer and
alcoholic beverage containers in passenger areas of motor vehicles;
providing a penalty for violation; and making the state's laws
applying to the use and possession of beer and alcoholic beverages
in motor vehicles conform to federal law.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 16--A Bill to amend article one, chapter seven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
three-ll, relating to permitting county commissions to contract for
deputy sheriffs to provide extraordinary police or security
services to public or private entities.
Referred to the Committee on the Judiciary.
By Senators Jenkins, Oliverio, Unger, McKenzie, Facemyer,
Sprouse and Smith:
Senate Bill No. 17--
A Bill to amend chapter five-b of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new article, designated article two-e, relating
to requiring a jobs impact statement for certain proposed
legislation.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Jenkins, Rowe, Facemyer and Smith:
Senate Bill No. 18--
A Bill to amend and reenact sections one,
two and three, chapter two hundred thirty-two, acts of the
Legislature, regular session, one thousand nine hundred ninety-
seven, all relating to expanding the counties covered by West
Virginia route 2 and interstate 68 authority to include Cabell,
Mason and Jackson; and increasing the number of members.
Referred to the Committee on Transportation.
By Senator Chafin:
Senate Bill No. 19--A Bill to amend article five, chapter nine
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new section, designated section twenty, relating to providing for a pilot project intended to
divert low-income residents from early institutionalization in
nursing homes by providing personal home care in their communities.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Edgell and Minard:
Senate Bill No. 20--A Bill to amend and reenact section
eighteen-b, article five, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to school guidance counselors; clarifying duties; and
defining "counselor-related administrative activities".
Referred to the Committee on Education.
By Senators Fanning and Prezioso:
Senate Bill No. 21--
A Bill to amend and reenact section
twenty-two-f, article ten, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
amend and reenact section twenty-six-r, article seven-a, chapter
eighteen of said code, all relating to the public employees
retirement act and the state teachers retirement system; and
including disability retirants among those eligible for a minimum
benefit.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Hunter:
Senate Bill No. 22--A Bill to amend chapter eleven of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-eight,
relating to authorizing county commissions to impose a recreation
and amusement tax; requiring approval by voters; providing
legislative findings; specifying maximum rate of tax; calculation
of tax; taxable events, fees, services and sales; accounting and
reporting by vendor; exempted fees, services and sales; collection
and recordkeeping by county sheriffs; and dedication of funds.
Referred to the Committee on Finance.
By Senators Hunter, Minard, Rowe, Caldwell, Unger and Smith:
Senate Bill No. 23--A Bill to amend article twenty-one,
chapter eleven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section ten-b; and to amend article twenty-four of said
chapter by adding thereto a new section, designated section nine-d,
all relating to allowing a credit against corporate and personal
income tax for employers who provide child day care services for
their employees.
Referred to the Committee on Finance.
By Senators Rowe, McCabe, Sprouse and Harrison:
Senate Bill No. 24--A Bill to amend and reenact section one,
article thirteen, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
changing the name of West Virginia state college to West Virginia
state university.
Referred to the Committee on Education.
By Senators Edgell, Unger, Minard, Prezioso, Hunter, Ross, Facemyer and Jenkins:
Senate Bill No. 25--A Bill to amend and reenact section three,
article four, chapter eighteen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to increased
salary increments paid to principals and assistant principals.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Rowe:
Senate Bill No. 26--A Bill to amend and reenact sections one,
two, three, four, five, six and ten, article twenty-five, chapter
eight of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, all relating to providing that the governor
reorganize regional councils for planning development; updating
certain terms in accordance with current circumstances and
vernacular; providing for developing policies for heritage
preservation and tourism business development; providing for
assisting watershed associations, soil conservation districts,
scenic highway promotion groups and nonprofit organizations;
requiring that due consideration be given for planning along
highway corridors in the state; providing that delineated regions
may overlap; including "towns" and "communities" in the required
statement of the governor prior to certification of areas in a
region; providing the governor may enlarge areas or may reduce
areas on certain conditions; providing that members of the public
may participate in determining the formation of regions; and
providing that regional councils may share staff with other regional councils and agencies of government pursuant to mutual
agreement.
Referred to the Committee on Government Organization.
By Senators Edgell, Minard and Unger:
Senate Bill No. 27--A Bill to amend and reenact section
twelve, article eight, chapter thirty-six of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to exempting certain abandoned property consisting of
military awards and decorations from sale at public auction by the
state treasurer.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senator Unger:
Senate Bill No. 28--A Bill to amend article twenty, chapter
seven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section eleven, relating to authorizing the county commissions of
growth counties to establish a program for the transfer of
development rights.
Referred to the Committee on Government Organization.
By Senators Unger and Weeks:
Senate Bill No. 29--A Bill to amend article three-a, chapter
sixty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section three-a; and to amend article seven of said chapter by
adding thereto a new section, designated section nine, all relating to requiring employees of licensed private clubs and retail outlets
selling alcoholic beverages to take the techniques for education
and alcohol management (TEAM) course or other similar alcohol
awareness education course provided or approved by the alcohol
beverage control commissioner.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Unger, Hunter, Weeks and Harrison:
Senate Bill No. 30--A Bill to amend article seven, chapter
sixty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section four-b; and to amend and reenact section five of said
article, all relating to requiring a public hearing prior to the
issuance of an initial license for a private club or upon the
transfer of a license to a private club at a new location.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Unger:
Senate Bill No. 31--A Bill to amend article two, chapter
twenty-one-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section twenty-four, relating to the bureau of
employment programs; conducting comparative cost-of-living studies
within the fifty-five counties of the state; and reporting the
results of the study to the joint committee on government and
finance by the first day of December every year.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Boley:
Senate Bill No. 32--A Bill to amend and reenact section one-b,
article two, chapter twenty-seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
eliminating certain reporting requirements of the secretary of the
department of health and human resources with regard to the
deinstitutionalization of the Colin Anderson center.
Referred to the Committee on Government Organization.
By Senators Rowe, Unger and Caldwell:
Senate Bill No. 33--A Bill to amend and reenact section
twenty-six-r, article seven-a, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to reducing the retired teachers service time to qualify
for a pension increase from twenty years to fifteen years.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Rowe:
Senate Bill No. 34--A Bill to amend and reenact section one,
article eight, chapter thirty-eight of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
increasing the values of certain personal property which is exempt
from levy, forced sale, attachment or execution.
Referred to the Committee on the Judiciary.
By Senators Rowe, Hunter and Jenkins:
Senate Bill No. 35--A Bill to amend and reenact section two, article eleven-a, chapter four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to funding
programs to discourage use of tobacco at levels recommended by the
centers for disease control and prevention out of the West Virginia
tobacco settlement medical trust fund.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Rowe:
Senate Bill No. 36--A Bill to amend article four, chapter
fifty-six of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section seventy-two, relating to creating a notice legal action for
injury and contract claims to toll limitation periods for one
hundred eighty days without the necessity of naming defendants
responsible for alleged damages.
Referred to the Committee on the Judiciary.
By Senators Rowe, Hunter and Oliverio:
Senate Bill No. 37--A Bill to amend and reenact section forty-
six, article fifteen, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to child passenger safety devices in automobiles;
providing age and weight prescriptions under the section; and
providing that children twelve years or younger shall be secured in
the back seat.
Referred to the Committee on Transportation.
By Senator Rowe:
Senate Bill No. 38--A Bill to amend and reenact section one-a,
article five-a, chapter seventeen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
making a nolo contendere plea a conviction for the offense of
driving under the influence of alcohol, controlled substances or
drugs equal to a plea of guilty or conviction for purposes of
administrative license revocation proceedings.
Referred to the Committee on the Judiciary.
By Senators Rowe, Helmick, Fanning and Ross:
Senate Bill No. 39--A Bill to amend and reenact section
twenty-seven, article three, chapter twenty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to increasing the criminal offense for a false fire alarm
to a felony.
Referred to the Committee on the Judiciary.
By Senator Rowe:
Senate Bill No. 40--A Bill to amend and reenact section nine,
article two, chapter five-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to the
powers and duties of the tourism commission; and adding heritage
preservation tourism programs.
Referred to the Committee on Government Organization.
By Senators McKenzie, Bowman, Sprouse, Jenkins and Smith:
Senate Bill No. 41--A Bill to amend and reenact section seven,
article seven-b, chapter fifty-five of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to changing the standard of care in medical professional liability
cases to conform with practice guidelines established for that
medical specialty and/or clinical situation; and authorizing the
board of medicine to establish practice guidelines for applicable
standards of care within particular medical specialties and/or in
particular clinical situations in medical professional liability
claims.
Referred to the Committee on the Judiciary.
By Senators Sharpe, Ross and Facemyer:
Senate Bill No. 42--A Bill to amend article three, chapter
five-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section seven-a, relating to prohibiting the acquisition and use of
menus on telephone messaging services by state agencies.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Rowe and Hunter:
Senate Bill No. 43--A Bill to amend and reenact section eight,
article nine, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to creating
the "Secret Ballot Protection Act of 2003"; setting forth certain
requirements to ensure the integrity of the voting process; and
misdemeanor criminal offenses and penalties.
Referred to the Committee on the Judiciary.
By Senator Boley:
Senate Bill No. 44--A Bill to amend chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new article, designated article twelve,
relating to initiative and referendum; definitions; and
limitations.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Edgell:
Senate Bill No. 45--A Bill to amend article four, chapter
eighteen-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section two-b, relating to creating the equitable compensation act;
and establishing a state minimum salary supplement for professional
personnel holding a nationally recognized professional
certification in speech-language pathology or audiology.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Facemyer, Bailey, Smith and Weeks:
Senate Bill No. 46--A Bill to amend chapter twenty-nine-a of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article eight,
relating to the creation of the "West Virginia Regulatory
Flexibility Act"; legislative purpose; definitions; analysis of
cost to state filed with legislative auditor; issuing rules in two
or more parts; provisions not to apply in case of emergency; and
requiring agencies to review rules after enactment of this article.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Facemyer, Bailey and Smith:
Senate Bill No. 47--A Bill to amend article one-b, chapter
five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section four-a, relating to requiring the chief technology officer
to maintain a central cross index of forms used by state agencies;
definitions; and additional powers and duties of the chief
technology officer.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Facemyer, Smith and Weeks:
Senate Bill No. 48--A Bill to amend article two, chapter
twenty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section sixty-four, relating to providing a single resident license
for all hunting, fishing and trapping; and providing that one
percent of the general revenue fund each fiscal year is dedicated
for use by the division of natural resources.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Facemyer, Bailey, Edgell, Smith, Guills, Weeks,
Unger, Minear and Rowe:
Senate Bill No. 49--A Bill to amend and reenact section nine,
article three, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to exempting farming equipment and livestock from personal property taxation.
Referred to the Committee on Agriculture; and then to the
Committee on Finance.
By Senators Facemyer and Smith:
Senate Bill No. 50--A Bill to amend and reenact section
seventeen, article one, chapter three of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; to amend and
reenact section four, article five of said chapter; and to amend
and reenact section one, article one, chapter fifty of said code,
all relating to election of magistrates; providing for numbered
divisions within counties having more than one magistrate for
election purposes only beginning with the primary and general
elections to be held in the year two thousand four; and providing
for the nomination or election of a candidate for magistrate
receiving the highest number of votes within a division.
Referred to the Committee on the Judiciary.
By Senator Fanning:
Senate Bill No. 51--A Bill to repeal section fifteen, article
twenty, chapter forty-seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to repeal section
fifteen, article twenty-one of said chapter; to amend article
twenty of said chapter by adding thereto two new sections,
designated sections fifteen-a and thirty-two; to amend and reenact
sections sixteen and twenty-nine of said article; to amend article
twenty-one of said chapter by adding thereto three new sections,
designated sections fifteen-a, thirty-one and thirty-two; and to amend and reenact section sixteen of said article, all relating to
charitable bingo and charitable raffles; setting forth required and
permitted uses of proceeds from charitable bingo and charitable
raffles; allowing licensees to offset losses from one with gains
from the other; providing an alternative penalty for eligible
applicants; and establishing effective dates.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Rowe:
Senate Bill No. 52--A Bill to amend and reenact section
thirty-one, article three, chapter fifty-six of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to eliminating the requirement of a one hundred-dollar
bond on out-of-state defendants in automobile accident cases.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 53--A Bill to amend and reenact section
fifteen, article four, chapter twenty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to the time within which an employee may file an
application for workers' compensation benefits following an injury.
Referred to the Committee on the Judiciary.
By Senators McKenzie and Weeks:
Senate Bill No. 54--A Bill to amend and reenact section nine,
article eight, chapter sixty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to increasing penalties for indecent exposure.
Referred to the Committee on the Judiciary.
By Senators Harrison, Unger, Guills, Smith, Sprouse and
Minear:
Senate Bill No. 55--A Bill to amend and reenact section nine,
article fifteen, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to graduated
elimination of consumers sales tax on food.
Referred to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 56--A Bill to amend article fifteen, chapter
thirty-three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section twenty-two, relating to accident and sickness
insurance generally; and prohibiting certain insurers from
requiring any person covered under a contract to obtain
prescription drugs from a mail-order pharmacy in order to obtain
benefits for drugs or to pay a fee for using another pharmacy.
Referred to the Committee on Banking and Insurance.
By Senators Bailey and Minard:
Senate Bill No. 57--A Bill to amend article six, chapter
thirty-seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section thirty-one, relating to making the destruction
of a landlord's property which has been rented for residential
purposes a criminal offense; providing that damage greater than three hundred dollars but less than one thousand dollars
constitutes a misdemeanor; providing that damage greater than one
thousand dollars constitutes a felony; providing that tenants who
leave trash when vacating a premises may be guilty of a misdemeanor
if it costs more than one hundred dollars to remove it; providing
that damage deposits be used to offset ascertainment of value of
damage; providing for the determination of prima facie evidence
under certain circumstances; providing that tenants or others in
privity of contract with landlords or lessors have a duty to report
damage not caused by themselves; and providing a criminal penalty
for failure to report the damage under certain circumstances.
Referred to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 58--A Bill to amend chapter twenty-seven of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article one-b,
relating to creation of a registry containing names of employees
who have committed acts of abuse, neglect or misappropriation of
property from persons suffering from mental retardation or a
developmental disability; names to be included upon clear and
convincing evidence of wrongful acts; providing extenuating
circumstances may excuse inclusion of a name on the registry;
requiring that secretary of health and human resources review
recommended decision of hearing examiner to determine if a person's
name is included on the registry; providing definitions; setting
forth the duties of the secretary of health and human resources; prohibiting the employment of persons whose names appear on the
registry by certain entities; providing for the standard of proof
in reaching a determination that a person has committed acts that
justify inclusion on the registry; providing that records pending
an investigation are not public record but that information on the
registry is public record upon a final determination that a
person's name shall be included; providing for a mechanism in which
a person's name may be removed from the registry; directing the
secretary to propose legislative rules for rehabilitation or
behavior modification programs; and requiring mandatory reporting
by employees, administrators and supervisors who witness wrongful
acts.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 59--A Bill to amend and reenact section
thirty-one, article six, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to motor vehicle insurance policies; and providing option
of filing cause of action against a person's own insurer under
certain circumstances.
Referred to the Committee on the Judiciary.
By Senator Chafin:
Senate Bill No. 60--A Bill to amend and reenact sections
eleven, fifteen and twenty-three, article twenty, chapter forty-
seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections four,
fifteen and twenty-one, article twenty-one of said chapter, all
relating to charitable bingo and charitable raffles; permitting
licensees to pay mortgage payments and to pay for certain capital
improvements from gross proceeds; allowing that game proceeds may
be transferred, by check, between raffle and bingo accounts; and
permitting that members of licensee who live in a county of another
state, under certain circumstances, may be eligible to conduct
bingo and raffle games.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Chafin:
Senate Bill No. 61--A Bill to amend and reenact section forty-
four, article fifteen, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to motorcycle operators and passengers; requiring that
motorcycle operators and passengers under twenty-one years of age
wear helmets while riding; and requiring that any operator licensed
less than two years wear a helmet while riding.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
By Senators Bailey, Unger, Love and Dempsey:
Senate Bill No. 62--A Bill to amend article seven, chapter
twenty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section four-c, relating to allowing conservation officers to work overtime in the national forests and parks as patrol officers
pursuant to a contract with the appropriate federal authority.
Referred to the Committee on Natural Resources.
By Senators Bailey, Love, Minard, Caldwell, Unger, Bowman,
Deem, Chafin, Boley, Fanning, McKenzie, Dempsey, Facemyer, Jenkins,
Ross and Plymale:
Senate Bill No. 63--A Bill to repeal section fourteen, article
twenty-seven, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to provider
taxes on optometrists.
Referred to the Committee on Finance.
By Senators Love and White:
Senate Bill No. 64--A Bill to amend and reenact section five,
article fourteen, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to exempting
propane gas for home heating or cooking use from the excise tax on
gasoline or special fuel.
Referred to the Committee on Finance.
By Senators Bailey and Weeks:
Senate Bill No. 65--A Bill to amend article two, chapter
sixteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section sixteen, relating to prohibiting local boards of health
from requiring smoke-free areas; allowing requirement of signs
designating smoking and nonsmoking areas under certain
circumstances; and giving the governor the authority to allow or prohibit smoking in governmental buildings.
Referred to the Committee on the Judiciary.
By Senators Bailey and Love:
Senate Bill No. 66--A Bill to amend and reenact section
eleven-d, article one, chapter twenty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to correctional employees; and allowing correctional
officers to be paid for any unused annual leave that exceeds the
amount that may be carried over from one year to the next.
Referred to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 67--A Bill to amend article four, chapter
thirty-one-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section forty-six, relating to limiting the liability of
a West Virginia merchant for credit card fraud over the internet;
limiting rates charged; and requiring credit card companies to
report annually to the attorney general on prosecutions of credit
card fraud cases against businesses in this state.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Bailey, Caldwell and Minard:
Senate Bill No. 68--A Bill to amend and reenact section
twenty-three, article three, chapter seventeen-a of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to providing for motor vehicle registration plates for the division of protective services and the state fire marshal.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
By Senator Bailey:
Senate Bill No. 69--A Bill to amend and reenact section one,
article two, chapter fifty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to giving
magistrates the authority to perform marriages; and allowing
magistrates to charge up to fifty dollars for performing a
marriage.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Bailey, Minard and Caldwell:
Senate Bill No. 70--A Bill to amend and reenact section one,
article six, chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to traffic
regulations; designating a minimum speed limit for the passing lane
on interstate highways; and providing a misdemeanor penalty for
violations.
Referred to the Committee on Transportation.
By Senators Bailey and Caldwell:
Senate Bill No. 71--A Bill to amend and reenact section eight,
article ten, chapter seventeen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to vehicles
exempt from payment of registration fees; and extending the
exemption to apply to certain other vehicles owned or operated by senior centers, councils on aging, sheltered workshops, community
action groups and head start programs.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
By Senators Jenkins, Oliverio, McCabe, Ross, Guills, Facemyer,
McKenzie, Harrison, Sprouse, Rowe, Boley, Minear, Weeks, Smith and
Deem:
Senate Bill No. 72--A Bill to amend and reenact sections one,
two, three, six, seven, eight and nine, article seven-b, chapter
fifty-five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to further amend said article by adding
thereto seven new sections, designated sections two-a, ten, eleven,
twelve, thirteen, fourteen and fifteen, all relating to medical
professional liability; modifying certain statutory and common law
procedures and causes of action relating to medical professional
liability actions; defining terms; creating exclusive remedies for
action against health care providers; establishing new elements of
proof; modifying notice requirements; modifying the qualifications
for experts who testify in medical professional liability actions;
limiting liability for noneconomic loss; eliminating joint, but not
several, liability among multiple defendants in medical
professional liability actions; reduction in damage awards for
certain collateral source payments to claimants; providing for the
periodic payment of certain damage awards; limiting liability for
trauma care; providing consumer safeguards for attorney contingent
fee arrangements; establishing effective dates; and providing for severability.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Hunter, Prezioso, Minard, Love, McKenzie,
Caldwell, Ross, White and Dempsey:
Senate Bill No. 73--A Bill to amend and reenact section
twenty-five, article seven-a, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to state teachers retirement system; and allowing
eligibility for retirement, with full pension rights, when a
member's age plus years of contributing service equals or exceeds
eighty.
Referred to the Committee on Education; then to the Committee
on Pensions; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 74--A Bill to amend article twenty-one,
chapter eleven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section ten-b, relating to providing a nonrefundable
earned income tax credit from the state personal income tax.
Referred to the Committee on Finance.
By Senators Facemyer and Smith:
Senate Joint Resolution No. 1--
Proposing an amendment to the
Constitution of the State of West Virginia, amending section
thirteen, article VI thereof, relating to eligibility of the
citizens of the state to seat in the Legislature; numbering and designating such proposed amendment; and providing a summarized
statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary.
By Senators Facemyer and Smith:
Senate Joint Resolution No. 2--
Proposing an amendment to the
Constitution of the State of West Virginia, amending article VI by
adding thereto a new section, designated section fifty-seven,
relating to dedicating one percent of general revenue to the
division of natural resources to be used to fund activities
intended to promote and preserve the state's wildlife resources and
to fund law-enforcement activities involving the division of
natural resources; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of
such proposed amendment.
Referred to the Committee on Finance.
Senators Fanning, Plymale, Unger, Sharpe and Jenkins offered
the following resolution:
Senate Concurrent Resolution No. 3--Requesting the Joint
Committee on Government and Finance study the need for creating a
forensic science task force.
Whereas, The state has a shortage of specialists in certain
forensic science fields; and
Whereas, The lack of forensic science specialists affects the
state's ability to address emergency situations; and
Whereas, An improvement in the state's forensic science
capabilities would enhance the ability of law enforcement to solve crimes and prosecute criminals; and
Whereas, There is a need to coordinate efforts to enhance
laboratory accreditation, training of specialists and sharing of
equipment among forensic organizations in the state; and
Whereas, Future federal funding for crime laboratories may
require the establishment of a statewide plan for organizing
forensic science capabilities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the need for creating a forensic science task
force; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2004, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 1, Adopting joint rules of Senate and House of Delegates.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 2, Relating to payment of
bills for supplies, services and printing and authorized contingent
and other expenses of seventy-sixth Legislature.
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. 1--Inviting His Excellency,
the Governor, to address the Legislature and raising a Joint
Assembly therefor.
Whereas, His Excellency, the Governor, has advised that he
will be pleased to address a Joint Assembly of the Senate and House
of Delegates at the convenience of the two houses; therefore, be it
Resolved by the Legislature of West Virginia:
That His Excellency, the Governor, be hereby invited to
address a Joint Assembly of the Legislature at 7:00 o'clock
postmeridian this day; and, be it
Further Resolved, That the President of the Senate and the
Speaker of the House of Delegates appoint three members of each of
the respective houses of the Legislature as a committee to wait
upon His Excellency, the Governor, and escort him into the Hall of
the House of Delegates at the time herein appointed for hearing the
address.
The message further announced the appointment of the following committee on the part of the House of Delegates:
Delegates Campbell, Frederick and Leggett.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Whereupon, the President appointed as Senate members of such
committee, authorized by the foregoing resolution, the following:
Senators Chafin, Sharpe and Sprouse.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 6:50
p.m. today.
Upon expiration of the recess, the Senate reconvened.
The hour of 7 p.m. having arrived, that being the time set for
the joint assembly to hear the address of His Excellency, the
Governor, the Senate recessed until fifteen minutes after
adjournment of the joint assembly. Members of the Senate then
repaired in a body to the hall of the House of Delegates.
***
(NOTE: For formal procedure in the joint assembly and the
address of His Excellency, the Governor, the Honorable Bob Wise,
see the Journal of the House of Delegates for this day.)