WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
SIXTH DAY
____________
Charleston, W. Va., Monday, January 13, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Arthur Cox, a student at Messenger
College, Joplin, Missouri.
Pending the reading of the Journal of Friday, January 10,
2003,
On motion of Senator Bowman, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 123--
A Bill to amend and reenact section nine,
article two, chapter twenty-three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend and reenact section one, article three of said chapter; and to further amend
said chapter by adding thereto a new article, designated article
four-d, all relating to workers' compensation generally; providing
for the elimination of the second injury and second injury reserve
fund for all new claims and/or for claims where eligibility for
permanent total disability has not yet been determined as of the
enactment of this legislation; providing for the administration of
claims by employers authorized to self-insure their obligations;
promulgation of rules by the commissioner; establishing special
account known as workers' compensation deficit reduction account;
transferring certain assets of the workers' compensation division
to the workers' compensation deficit reduction account;
transferring certain workers' compensation claim liabilities to the
workers' compensation deficit reduction account; providing funding
of payments for claim liabilities; providing for reduction of the
fund deficit over an established period of time; transferring of
interest earned to the workers' compensation deficit reduction
account; authorizing the workers' compensation division to borrow
from workers' compensation fund assets to meet immediate claim and
operating expenses; requiring the workers' compensation division to
provide the commissioner annually an estimate of the expected claim
payments from the fund; and establishing an assessment process to
ensure collection of sufficient income.
Referred to the Committee on Economic Development; and then to
the Committee on the Judiciary.
By Senators Edgell, Unger, McCabe, Sprouse, Snyder, Ross and Minear:
Senate Bill No. 124--
A Bill to amend article two, chapter
forty-six-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section one hundred forty, relating to the use of checks or account
debits for loans or cash advances made for personal, family or
household purposes.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary
.
By Senators Hunter and Prezioso:
Senate Bill No. 125--
A Bill to amend article ten, chapter five
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new section, designated section
twenty-two-h, relating to providing a one-time supplement for
certain annuitants of the West Virginia public employees retirement
act who retired with a disability.
Referred to the Committee on Pensions; and then to the
Committee on Finance
.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 126--
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; to amend chapter
eleven of said code by adding thereto a new article, designated
article thirteen-t; to amend and reenact section seven, article
twelve-b, chapter twenty-nine of said code; to further amend said article by adding thereto a new section, designated section
fifteen; to amend and reenact section four, article ten, chapter
thirty-eight of said code; to amend and reenact sections one, two,
seven, eight, nine and ten, article seven-b, chapter fifty-five of
said code; and to further amend said article by adding thereto two
new sections, designated sections twelve and thirteen, all relating
to medical professional liability generally; providing a tax credit
for certain health care providers based upon payment of medical
malpractice liability tail insurance premiums; setting forth
legislative findings and purpose; defining terms; creating tax
credit and providing eligibility; establishing amount of credit;
providing for forfeiture of excess credit; providing for the
application of the tax credit; requiring annual schedule;
specifying effect of credit on computation of estimated taxes;
providing for the computation and application of credit;
authorizing tax commissioner to promulgate legislative rules;
establishing burden of proof relating to claiming the credit;
establishing effective date for credit; providing for termination
of tax credit; eliminating certain eligibility requirements for
participation in the West Virginia health care provider
professional liability insurance program; increasing exemption
available to certain physicians' and surgeons' debtors in
bankruptcy proceedings; medical professional liability civil
actions; providing legislative findings and purpose; providing
definitions; modifying the qualifications for experts who testify
in medical professional liability actions; limiting liability for certain noneconomic loss; providing for severability; eliminating
joint, but not several, liability among multiple defendants in
medical professional liability actions; reducing damage awards for
certain collateral source payments to plaintiffs; limiting civil
liability for trauma care; establishing exceptions to limitation of
liability; and establishing effective date.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary
.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 127--
A Bill to amend and reenact section
three, article four, chapter seventeen-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact sections two, six-a and eight, article five,
chapter seventeen-c of said code; to amend and reenact sections
one, one-a, two and three-a, article five-a of said chapter; to
amend and reenact section sections eighteen and eighteen-b, article
seven, chapter twenty of said code; and to amend and reenact
section one, article six-a, chapter thirty-three of said code, all
relating to driving under the influence of alcohol, controlled
substances or drugs; and reducing the allowable blood alcohol
content for driving under the influence from ten hundredths to
eight hundredths of one percent of body weight.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 128--
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 establishing the "All-Terrain Vehicle
Safety Regulation Act"; providing definitions; regulating the
operation of all-terrain vehicles on certain public roads, state
roads and state recreation areas; prohibiting operation of all-
terrain vehicles on another person's property without permission;
requiring wearing of helmets on all-terrain vehicles by persons
under the age of eighteen on public property and by persons sixteen
and under when on another's private property; prohibiting
passengers by a person under the age of eighteen on public
property; prohibiting the use of all-terrain vehicles on public
property without a valid operator's license or completion of an
all-terrain vehicle training course; prohibiting operation of all-
terrain vehicles while under the influence of drugs or alcohol or
in a careless or reckless manner; setting speed limits while on
public property; requiring illuminated lamps while on public
property; allowing pursuit by police officers on private lands;
prohibiting buying of certain sized all-terrain vehicles for use by
children; requiring operation in accordance with the act; setting
forth requirements for those selling, leasing or renting all-
terrain vehicles; requiring accident reports; and providing
criminal penalties.
Referred to the Committee on Transportation; and then to the
Committee on the Judiciary
.
By Senators Facemyer, Bailey, Minear, White, Smith, Harrison,
Sprouse and Minard:
Senate Bill No. 129--
A Bill to amend and reenact section
three, article nine-a, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to increasing the penalties for use or possession of
tobacco or tobacco products by a person under eighteen years of
age; increasing fines and community service requirements; and
providing, upon a second offense, for revocation of the person's
junior or graduated driver's license until eighteen years of age
or, if the person does not yet have a driver's license, the person
is ineligible to apply for any type of driver's license until
eighteen years of age.
Referred to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 130--
A Bill to amend chapter nineteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article ten-c,
relating to the "West Virginia Wild Game Breeder's and Dealer's
Licensing Act"; short title; legislative findings; definitions;
license and fees for the breeding, rearing, dealing, taking and
killing of gamestock; enclosures and pens for gamestock; removal of
gamestock from licensed premises and identification of the removed
gamestock; records of transactions; inspection of records and
facilities by the commissioner of agriculture; investigation of
complaints; orders and hearings; suspensions, revocations and refusals of licenses; importing gamestock into the state; health
inspection requirements; requirement for a health certificate;
commissioner of agriculture to enforce and propose rules to
administer the article; and criminal and civil penalties for
violation of this article or commissioner's rules.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance
.
By Senators Boley, Minear, Prezioso, Unger, Smith, Weeks and
Facemyer:
Senate Bill No. 131--
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 fifty-four; and to amend article one, chapter
sixteen of said code by adding thereto a new section, designated
section nineteen, all relating to creating an Alzheimer's caregiver
assistance program to provide respite services for informal
caregivers of individuals with Alzheimer's disease.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance
.
By Senator Boley:
Senate Bill No. 132--
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; and to amend and reenact section two, article
three-a, chapter sixty of said code, all relating to granting
counties the option of selling liquor retail within a thirty-mile radius in which no private retail establishments that sell liquor
are located.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance
.
By Senator Boley:
Senate Bill No. 133--
A Bill to amend and reenact article
twenty-two-d, chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
establishing the "West Virginia Dollars for Scholars Program";
providing low-cost loans to high school students with a "C" average
or better who will be attending a college or university in this
state; and forgiveness of loan when continuing West Virginia
residency upon graduation.
Referred to the Committee on Education; and then to the
Committee on Finance
.
By Senators McKenzie, Weeks, Minear, Bowman and Sharpe:
Senate Bill No. 134--
A Bill to amend and reenact section
twenty-eight, article eight, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to the protection of an individual's privacy rights.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance
.
By Senators McKenzie, Weeks, Sprouse, Minear, Bowman,
Oliverio, Hunter, Kessler, Jenkins, Minard and Fanning:
Senate Bill No. 135--
A Bill to amend article seven, chapter
fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section twenty-one, relating to limiting the liability of
physicians who render services without remuneration to indigent
individuals in need of medical services.
Referred to the Committee on the Judiciary.
By Senators McKenzie and Bowman:
Senate Bill No. 136--
A Bill to amend and reenact section four,
article three, chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to providing
an exemption from mandatory immunizations for good cause or due to
religious prohibition.
Referred to the Committee on the Judiciary.
By Senators Love and Smith:
Senate Bill No. 137--
A Bill to amend and reenact section six,
article two, chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to imposing
a statewide grading scale.
Referred to the Committee on Education; and then to the
Committee on Finance
.
By Senators Ross and Sharpe:
Senate Bill No. 138--
A Bill to amend and reenact article ten,
chapter fifty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to arbitration cases;
definitions; application and effect of arbitration; compelling and
staying arbitration; consolidating separate proceedings; appointing
arbitrator; process; witnesses; award and its enforcement; and other judicial relief.
Referred to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 139--
A Bill to repeal articles four and four-
a, chapter three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section four,
article one of said chapter; and to amend and reenact sections two
and five, article six of said chapter, all relating to abolishing
the use of voting machines and electronic voting systems during
primary and general elections in this state; and requiring voting
by paper ballots.
Referred to the Committee on the Judiciary.
By Senators Love, McKenzie, Prezioso, Dempsey, Unger, Hunter,
Oliverio, Ross, Sharpe and Rowe:
Senate Bill No. 140--A Bill to amend article one, chapter
twenty-five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section twelve; to amend article six, chapter twenty-nine of said
code by adding thereto a new section, designated section ten-b; to
amend and reenact section twenty-seven, article twenty, chapter
thirty-one of said code; and to amend article five-e, chapter
forty-nine of said code by adding thereto a new section, designated
section five-b, all relating to the salaries and classifications of
certain employees of the division of corrections, the division of
juvenile services and the regional jail and correctional facility
authority.
Referred to the Committee on Finance
.
By Senators Rowe and Hunter:
Senate Bill No. 141--
A Bill to amend article nine, chapter
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section twenty-five, relating to elections; requiring that campaign
advertising and communications disclose the party affiliation of
the candidate or committee authorizing same; and providing criminal
penalties.
Referred to the Committee on the Judiciary.
By Senators Boley, Sprouse and Minear:
Senate Bill No. 142--
A Bill to amend and reenact section nine,
article one-c, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to changing
the time for periodic valuations and assessments of real and
personal property; and providing for a three-percent cap on any
increase in one year.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance
.
By Senators Prezioso, Bowman, Sprouse, Minear, McKenzie,
Unger, Caldwell, Fanning, Smith, Weeks, Hunter, McCabe, White,
Rowe, Jenkins, Minard, Snyder, Sharpe, Ross, Dempsey, Love, Deem,
Facemyer, Oliverio, Edgell and Kessler:
Senate Bill No. 143--
A Bill to amend and reenact section
thirty-four, article two, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, relating to providing high school diplomas to veterans who left
school prior to high school graduation due to service in the
military.
Referred to the Committee on Military; and then to the
Committee on Education
.
By Senators Ross, White, Weeks, Minear, Sharpe, Caldwell,
Sprouse, Fanning, Facemyer and Hunter:
Senate Bill No. 144--
A Bill to amend and reenact section
fifteen, article thirteen, chapter twenty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to allowing landowners to enter small streams and ditches
for the purpose of removing debris to prevent flooding without
criminal or civil liability.
Referred to the Committee on the Judiciary.
By Senator Ross:
Senate Bill No. 145--A Bill to amend and reenact sections
three, fifteen and sixteen, article nine-d, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to the distribution of moneys by the school
building authority; providing that county school boards may spend
authority moneys on any school that has been included in an
approved comprehensive educational facilities plan; providing that
no one criterion, especially the economies of scale, may dominate
other statutory criteria when decisions are made to award grant
moneys; and requiring the school building authority to undergo
legislative rule-making review and have its guidelines approved as legislative rules.
Referred to the Committee on Education; and then to the
Committee on Finance
.
By Senators Hunter, Prezioso, Unger and Dempsey:
Senate Bill No. 146--
A Bill to amend article seven-a, chapter
eighteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section twenty-six-t, relating to increasing supplemental benefits
to certain teacher retirement annuitants.
Referred to the Committee on Pensions; and then to the
Committee on Finance
.
By Senator Chafin:
Senate Bill No. 147--
A Bill to amend and reenact section
three, article three-c, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to permitting that confidential proceedings, testimony and
records are subject to subpoena.
Referred to the Committee on the Judiciary.
By Senator Love:
Senate Bill No. 148--
A Bill to amend and reenact section six-
b, article six, chapter twenty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to using
wireless enhanced 911 fees to provide wireless enhanced 911 service
in those counties without total wireless coverage.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance
.
By Senators Hunter, White, Rowe, Unger, Dempsey and Love:
Senate Bill No. 149--
A Bill to amend chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article
twenty-nine-c, relating to the "prescription drug assistance
project"; setting forth definitions; providing that the department
of health and human resources request a waiver of federal law;
providing for eligibility criteria; providing for fees and a
copayment schedule; creating the "prescription drug price reduction
fund"; setting forth purposes of the fund; setting forth sources
for the fund to be funded; providing the secretary of health and
human resources may transfer moneys from the fund to elderly low-
cost drug programs established or maintained in this state;
providing for a rebate agreement with drug manufacturers; providing
for a rebate amount; providing for discounted prices for qualified
residents; providing for the operation of the program; providing
that the department administer the program and other medical and
pharmaceutical assistance programs; authorizing the department to
coordinate with other programs; requiring the department to propose
legislative rules to implement the program; and providing for the
drug rebate program.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance
.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 4, Amending Joint Rule No. 5
relating to bill processing.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, January 14, 2003, at 11 a.m.
____________