WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
THIRTEENTH DAY
____________
Charleston, W. Va., Monday, January 20, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Garland Johnson, First
Missionary Baptist Church, London, West Virginia.
Brenda Johnson then proceeded in the singing of "Lift Every
Voice and Sing".
Pending the reading of the Journal of Friday, January 17,
2003,
On motion of Senator Bailey, 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.
At the request of Senator Chafin, and by unanimous consent,
the provisions of rule number fifty-four of the Rules of the
Senate, relating to persons entitled to the privileges of the
floor, were suspended in order to grant United States military
veterans privileges of the floor for the day.
The Clerk presented a communication from the Division of
Banking, submitting its annual consumer affairs report as required
by chapter forty-six-a, article seven, section one hundred two of
the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the fourth order of business.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 123, Relating to workers' compensation
generally.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 123 (originating in the
Committee on Economic Development)--A Bill to repeal section seven-
b, article four, chapter twenty-three of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; to repeal section
fourteen, article five of said chapter; to amend and reenact
section seventeen, article ten, chapter five of said code; to amend
and reenact section thirty-three-d, article three, chapter five-a
of said code; to amend and reenact sections four and five, article
three, chapter five-b of said code; to amend and reenact sections one and five, article two, chapter five-f of said code; to amend
and reenact section two-a, article seven, chapter six of said code;
to amend and reenact section seven, article twelve, chapter eleven
of said code; to amend and reenact section four, article one-a,
chapter twelve of said code; to amend and reenact section six,
article six of said chapter; to amend and reenact section ten,
article two, chapter fifteen of said code; to amend and reenact
section fifteen, article one, chapter sixteen of said code; to
amend and reenact section three, article twenty-nine-d of said
chapter; to amend and reenact section three, article thirty-six of
said chapter; to amend and reenact section twenty-six, article
nine-a, chapter eighteen of said code; to amend and reenact section
twelve-a, article ten-a of said chapter; to amend and reenact
section two, article ten-k of said chapter; to amend and reenact
section three, article three-a, chapter twenty-one of said code; to
amend and reenact section four, article one, chapter twenty-one-a
of said code; to amend and reenact sections six, six-c and
thirteen, article two of said chapter; to amend and reenact
sections one through seven, inclusive, article three of said
chapter; to amend and reenact section eleven, article ten of said
chapter; to amend and reenact section eight, article three, chapter
twenty-two of said code; to amend and reenact sections one, two,
three, four, five, six, seven, eight, nine, ten, eleven, twelve,
thirteen, fourteen, fifteen, seventeen and eighteen, article one, chapter twenty-three of said code; to further amend said article by
adding thereto eight new sections, designated sections one-a, one-
b, one-c, one-d, one-e, one-f, one-g and four-a; to amend and
reenact sections one, one-c, one-d, two, three, four, five, six,
nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen and
seventeen, article two of said chapter; to amend and reenact
section one, article two-a of said chapter; to amend and reenact
sections one, two and three, article two-b of said chapter; to
amend and reenact sections one, one-a, two, three, and five,
article three of said chapter; to further amend said article by
adding thereto a new section, designated section one-b; to amend
and reenact sections one, one-a, one-b, one-c, one-d, one-e, two,
three, three-b, three-c, four, six, six-a, six-b, six-d, seven,
seven-a, eight, eight-a, eight-b, eight-c, nine, nine-b, ten,
eleven, twelve, fourteen, fifteen, fifteen-a, fifteen-b, sixteen,
sixteen-a, seventeen, eighteen, twenty, twenty-two, twenty-three,
twenty-four and twenty-five, article four of said chapter; to
further amend said article by adding thereto a new section,
designated section one-g; to amend and reenact sections one, three,
five, six, seven and eight, article four-a of said chapter; to
amend and reenact sections two, five, six, seven, eight and eight-
a, article four-b of said chapter; to amend and reenact sections
two, three, four and five, article four-c of said chapter; to amend
and reenact sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, fifteen, seventeen and eighteen,
article five of said chapter; to amend and reenact sections one and
two, article five-a of said chapter; to amend and reenact section
two, article eight, chapter twenty-six of said code; to amend and
reenact sections one hundred twenty-five and one hundred thirty-
one, article eighteen, chapter forty-eight of said code; and to
amend and reenact section twenty-four-g, article three, chapter
sixty-one of said code, all relating to workers' compensation
generally; repealing provisions relating to trial return to work;
repealing provisions relating to disqualification of workers'
compensation appeal board members; removing workers' compensation
from the bureau of employment programs; creating workers'
compensation commission as an independent agency assuming all
duties of division; transferring workers' compensation office of
judges and the appeal board to department of administration;
establishing salaries for members and the chief judge of the
workers' compensation appeal board; changing the name of the
compensation programs performance council to the state advisory
council for the bureau of employment programs; transferring certain
powers of the compensation programs performance council to the
bureau of employment programs and the state advisory council;
requiring rules to be filed as legislative rules; clarifying terms
of state advisory council members; precluding political candidates,
political party officer or office-holders from sitting on the state advisory council; establishing compensation for advisory council
members and limiting number of days per year for which an advisory
council member may be compensated; reporting requirements for
employers; creating the board of managers; establishing composition
of board; establishing qualifications for membership; establishing
appointment procedures for members; setting forth the powers and
duties of board; providing for payment withholding and interception
of moneys of certain employers to ensure compliance with
unemployment and workers' compensation laws; providing penalties
for failure to withhold or intercept payments; authorizing
interagency agreements between bureau of employment programs and
workers' compensation commission; creating the board of managers
nominating committee and setting forth its composition and
responsibilities; adopting workers' compensation rules by
commission; continuing workers' compensation division until the
first day of July, two thousand three; requiring commission to
report to the commission on economic development; providing for
salaries and expenses; requiring performance bonds under certain
circumstances; providing for associate director to assume authority
in absence of executive director; authorizing the executive
director to hire certain administrative, managerial and supervisory
employees; authorizing certain commission employees to administer
oaths; providing for issuance and enforcement of agency subpoenas;
establishing fees; defining employer; allowing specified groups of employers to self insure their obligations to the commission;
authorizing self-insured employers to administer claims; requiring
self-insured employers to comply with the law and commission rules;
authorizing the commission to determine the full accrued value of
a defaulting self-insured employer based on generally accepted
actuarial and accounting principles; setting forth powers and
duties of the executive director to regulate self-insured
employers; establishing penalties for self-insured employers and
third-party administrators for violations of this chapter;
prohibiting self-insured employers from contracting with third-
party administrators who have not been approved by the commission;
allowing for subrogation and making it effective for claims arising
from a cause of action which arose or accrued after the effective
date of this legislation; eliminating the second injury fund;
creating deficit elimination fund; granting custody of fund to the
state treasurer; requiring investment of deficit reduction fund;
providing funding for deficit elimination through joint employer
and employee payroll tax; requiring the commission to promulgate
rules for operation of the fund; authorizing investment management
board to invest surplus moneys to fund; reporting requirements of
self-insurers; requiring commission to make a decision on
compensability of a claim within fifteen days; prohibiting a
claimant from receiving both temporary total disability benefits
and certain other employer-provided short-term disability benefits; requiring award of permanent partial disability benefits be made as
expeditiously as possible; providing for weighing of evidence and
application of rule of liberality; providing that vendors must
submit bills for services within one year of provision of the
service; authorizing employers to create physician panels;
requiring injured employees to chose a physician from the panel;
creating an exception for emergency treatment; allowing injured
employees to choose physician if employer protest compensability of
claim; reducing maximum weekly benefit for temporary total
disability to sixty-six and two-thirds percent of the average
weekly wage of the employee; increasing to fifty percent the
percentage of whole body impairment which establishes a rebuttable
presumption of permanent total disability; providing that permanent
total disability benefits are subject to old age social security
offsets for claimants injured on or after the first day of July,
two thousand three; reducing permanent partial disability benefits
to seventy percent of the average weekly wage of the claimant not
to exceed sixty-six and two-thirds percent of the average weekly
wage in West Virginia; providing that reductions in benefit rates
affect claimants injured on or after the first day of July, two
thousand three; requiring the executive director to promulgate a
rule to establish requirements for an application for permanent
total disability benefits; providing that upon adoption of the rule
on application requirements no claim for permanent total disability benefits may be sent to the interdisciplinary examining board
without an application; providing for the establishment of an onset
date for permanent total disability benefits as of the date of
application; providing that a claimant must have been awarded fifty
percent permanent partial disability prior to applying for
permanent total disability; creating a definition of permanent
total disability; eliminating the five-percent presumptive award of
occupational pneumoconiosis without measurable impairment;
increasing vocational rehabilitation services; providing that the
commission may suspend benefits to a claimant for refusing, without
good cause, to be examined by a physician; removing certain office-
set provisions; removing mediation provisions; authorizing
appointment of chief administrative law judge by secretary of
department of administration; continuing the incumbent; providing
for removal only for specified misconduct; providing that the
commission must fund the office of judges and the appeals board;
allowing office of judges to promulgate procedural rules; providing
for appeal of office of judges' decision to the appeals board;
providing for appeals of compensability as matter of right, all
other appeals within discretion of board; establishing time frames
for appeals; establishing standards for appeal; creating full-time
three judge appeal board; providing for appointment by the governor
for staggered six-year terms; authorizing board to develop rules of
procedure; establishing qualifications of judges; requiring monthly reports to the board of managers; providing for remand of cases;
providing for appeals from the board to the West Virginia supreme
court of appeals; continuing the board; and making technical
corrections and removing archaic language throughout.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 123), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Sprouse, Smith, Minear, Guills and Weeks:
Senate Bill No. 176--A Bill to amend and reenact section six,
article twenty-three, chapter eleven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to the
business franchise tax generally; and providing for the rollback of
the business franchise tax until it is eliminated.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senator Sharpe:
Senate Bill No. 177--A Bill to amend and reenact section
three-a, article two-a, chapter twenty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to the authority of the aeronautics commission to expend
funds.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Oliverio, McKenzie and Rowe:
Senate Bill No. 178--A Bill to amend and reenact section two,
article two-a, chapter fifty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to subject
matter jurisdiction in the family courts; and including in that
jurisdiction all actions for payment of attorney fees, property
distribution and spousal support.
Referred to the Committee on the Judiciary.
By Senators Caldwell, Hunter, Prezioso, Unger, Dempsey,
Fanning and Rowe:
Senate Bill No. 179--A Bill to amend and reenact section
eighteen-a, article five, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to limiting the total number of students a teacher is
required to teach.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Tomblin (Mr. President):
Senate Bill No. 180--A Bill to amend and reenact section six,
article nine-d, chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to the
school building authority and fund; and providing for school
building on a cash basis.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Edgell, Dempsey, Plymale, Harrison, Boley, Weeks,
Kessler, Minear, Guills and Unger:
Senate Bill No. 181--A Bill to amend and reenact section one,
article eight, chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to home
school instruction; and removing the requirement that the person
providing instruction have four years' higher formal education than
the most academically advanced child.
Referred to the Committee on Education.
By Senators Rowe, McCabe, Hunter and White:
Senate Bill No. 182--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 seats, booster seats and safety devices; requiring every driver transporting children less than
nine years of age in certain motor vehicles to maintain and secure
the child in a child passenger safety seat or booster seat or other
safety device meeting federal motor vehicle safety standards; and
providing that a seat belt meets this requirement for children at
least four years of age or over forty pounds in weight.
Referred to the Committee on Transportation.
By Senators Ross, Love, White, Kessler, Dempsey, Minear and
Sharpe:
Senate Bill No. 183--A Bill to amend and reenact sections one,
four and seven, article eight, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
amend and reenact sections two and three, article twenty-eight of
said chapter, all relating to extending the compulsory period of
school attendance to age eighteen.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Oliverio (By Request):
Senate Bill No. 184--A Bill to amend article fourteen, chapter
seventeen-c of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section fifteen, relating to creating the criminal offense of the
unlawful use of mobile telephones; and providing penalties.
Referred to the Committee on the Judiciary.
By Senators Bowman, Kessler, McCabe, Jenkins, Dempsey and
Plymale:
Senate Bill No. 185--A Bill to amend article twenty-four,
chapter eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto two new sections,
designated sections eighty-six and eighty-seven, all relating to
proffers.
Referred to the Committee on Government Organization.
By Senators Bowman, Kessler, McCabe and Dempsey:
Senate Bill No. 186--A Bill to amend and reenact section
three, article twenty-four, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to planning and zoning; and defining aggrieved person for
purposes of board of zoning appeals.
Referred to the Committee on the Judiciary.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 7--Requesting the Division of
Highways name the bridge on Route 80 at Verner, Mingo County, the
"William Chapman Browning Bridge".
Whereas, In the early 1860s, William Chapman Browning was one
of the first settlers of Verner; and
Whereas, William Chapman Browning was a 2nd lieutenant during
the Civil War; and
Whereas, William Chapman Browning owned a saw mill and a trading post in Verner. He also operated a ferrying business
across the Guyandotte River; and
Whereas, William Chapman Browning lived a long and productive
life until his death in 1895; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on Route 80 at Verner, Mingo County, the "William
Chapman Browning Bridge"; and, be it
Further Resolved, That the Division of Highways provide and
erect a sign at either end of the bridge displaying the name
"William Chapman Browning Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Which, under the rules, lies over one day.
Senators Bowman, Minard, Love, Dempsey, Rowe, Unger, Ross,
Sharpe and White offered the following resolution:
Senate Concurrent Resolution No. 8--Requesting the Joint
Committee on Government and Finance continue study of the current
methods of approving and managing renovation and restoration
projects for areas of the state capitol complex that are of great
value and historical significance to the citizenry of West Virginia
and to further study the need to locate, protect and restore
furnishings and architectural aspects of the state capitol building.
Whereas, The capitol building is a representation of the
history, culture and pride of the State of West Virginia and of its
citizenry; and
Whereas, The furnishings originally prescribed by architect
Cass Gilbert, which once adorned the state capitol building, have
been mistreated, lost or otherwise disposed of; and
Whereas, Historically and culturally related original
architectural aspects of the capitol building have been destroyed
or hidden beneath years of poorly coordinated renovations and
repairs; and
Whereas, The protective regulatory power of the Capitol
Building Commission has been ignored or bypassed in order to secure
short-term solutions for problems; and
Whereas, There is a need to ensure that the protective
mandates of the Capitol Building Commission are followed in order
to guarantee that future generations of West Virginians are allowed
to enjoy the cultural heritage represented in the state capitol
building; and
Whereas, The Legislature has studied this topic during the
2002-2003 interim session and has recommended that this subject
receive further study during the 2003-2004 interim period;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to continue to review, examine and study the current
methods of approving and managing renovation and restoration
projects for areas of the state capitol complex that are of great
value and historical significance to the citizenry of West Virginia
and to further study the need to locate, protect and restore
furnishings and architectural aspects of the state capitol
building; 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.
Senators Bowman, Minard, Love, Dempsey, Unger, Caldwell, Rowe,
Fanning, Sharpe, Prezioso, Jenkins, McCabe, White, Ross, Hunter,
Facemyer, Sprouse, Smith, Plymale, Chafin, Minear, Kessler, Edgell,
Bailey, Weeks and Guills offered the following resolution:
Senate Concurrent Resolution No. 9--Requesting the Joint
Committee on Government and Finance study the feasibility of establishing a special residential community for senior citizens.
Whereas, The establishment of a special residential community
for senior citizens would enhance West Virginia's opportunity to
display its natural beauty and attract senior citizens to our
state; and
Whereas, A residential community of senior citizens could be
located where it would be accessible to activities designed for
senior citizens and to skilled medical care; and
Whereas, The establishment of a senior community in West
Virginia would generate revenue, enhance business and provide jobs;
and
Whereas, The Legislature has studied this topic during the
2002-2003 interim session and has recommended that this subject
receive further study during the 2003-2004 interim session;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance study the feasibility of establishing a
special residential community for senior citizens in West Virginia;
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.
Senators Hunter, Caldwell, Bailey, Dempsey, Minard, Oliverio,
Boley, Deem, Weeks, Prezioso, Unger, Rowe, Love, Ross, Harrison,
Smith, Minear, Facemyer, Kessler, Plymale, Helmick, Chafin, Bowman,
Edgell, Snyder, McCabe, White, Fanning, Jenkins, Sharpe, McKenzie,
Sprouse and Tomblin (Mr. President) offered the following
resolution:
Senate Resolution No. 7--Recognizing the heroic service of
America's veterans and designating Monday, January 20, 2003, as
"Veterans Visibility Day" at the Legislature.
Whereas, From the Revolutionary War, which gave America its
freedom, to recent struggles, America's men and women have always
risen to the call of duty in order to not only preserve our freedom
but to help maintain freedom throughout the world; and
Whereas, Per capita, more citizens from West Virginia have
served in our nation's armed forces than from any other state. We
are proud of our citizens who, in spite of danger, have done what
they must for peace and freedom; and
Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians have paid the ultimate price for
freedom with their lives and thousands more brave West Virginians
have been wounded in battle; and
Whereas, The Senate is proud to honor those currently serving
in harm's way to protect democracy from the threat of terror; and
Whereas, It is always important that we honor the many brave
West Virginians who have faced the enemy, been wounded and even
given their lives for not only our freedom but for freedom around
the world; and
Whereas, The Senate is proud to espouse the goal set for us by
President John F. Kennedy, who said, "Our goal is not the victory
of might, but the vindication of right--not peace at the expense of
freedom, but both peace and freedom, here in this hemisphere, and,
we hope, around the world. God willing, that goal will be
achieved."; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the heroic service of
America's veterans and designates Monday, January 20, 2003, as
"Veterans Visibility Day" at the Legislature; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Division of Veterans' Affairs.
At the request of Senator Hunter, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
At the request of Senator Hunter, and by unanimous consent,
Senator Hunter addressed the Senate regarding Veterans Visibility
Day.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
At the request of Senator Helmick, unanimous consent being
granted, Senator Helmick offered the following resolution from the
floor:
Senate Resolution No. 8-Authorizing the appointment of
employees for the Senate for the two thousand three regular
sixty-day session of the seventy-sixth Legislature and payment of
their compensation.
Resolved by the Senate:
That the Clerk of the Senate, with the approval of the
President of the Senate, be and he is hereby authorized to appoint
employees to receive the per diem compensation, as herein provided,
during this regular sixty-day session of the seventy-sixth
Legislature, and any extension thereof as follows:
Twenty-six Class I secretaries at a rate of fifty-five dollars
to sixty-seven dollars per diem;
Ten Class II secretaries at a rate of fifty-seven dollars to
sixty-seven dollars per diem;
Nine Class III secretaries at a rate of fifty-nine dollars to
seventy dollars per diem;
Six Class IV secretaries at a rate of sixty-one dollars to
sixty-two dollars per diem;
Six legislative analysts at a rate of fifty-five dollars to
one hundred ten dollars per diem;
Fourteen legal counselors at a rate of one hundred seventy
dollars to two hundred twenty-five dollars per diem; assignments
and salary to be determined by the President of the Senate;
One bill and journal clerk to the Senate Clerk at a rate of
sixty dollars per diem;
Six proofreaders at a rate of fifty-three dollars to sixty-
seven dollars per diem;
One journal room supervisor at a rate of eighty-nine dollars
per diem;
One assistant journal room supervisor at a rate of sixty-four
dollars per diem;
Eight journal and bill room clerks at a rate of fifty dollars
to seventy-three dollars per diem;
One Sergeant at Arms at a rate of one hundred forty dollars
per diem;
One chief assistant Sergeant at Arms at a rate of sixty-four
dollars per diem;
Six assistants to the Sergeant at Arms at a rate of fifty dollars to sixty-one dollars per diem;
One Doorkeeper at a rate of one hundred nineteen dollars per
diem;
One chief assistant Doorkeeper at a rate of sixty-eight
dollars per diem;
Eight assistants to the Doorkeeper at a rate of fifty dollars
to sixty-one dollars per diem;
One information clerk at a rate of fifty-one dollars per diem
(twenty-five dollars and fifty cents per day paid by House of
Delegates);
Seven messengers at a rate of fifty dollars to fifty-four
dollars per diem;
One head page at a rate of fifty-six dollars per diem;
One assistant head page at a rate of fifty-three dollars per
diem;
One recording system operator at a rate of sixty-six dollars
per diem;
One duplicating machine operator at a rate of fifty-two
dollars per diem;
One office assistant at a rate of fifty-six dollars per diem;
The Clerk is further authorized to appoint such other
employees at such compensation as the Committee on Rules shall from
time to time authorize; and, be it
Further Resolved, That the appointment of salaried full-time employees of the Senate for the year two thousand three and their
compensation, at the following amounts per month, for such periods
of time as they are employed in the positions designated, is hereby
authorized, as follows:
Clerk $7,083.34
Assistant Clerk 5,791.67
Executive Secretary to the Clerk 3,541.67
Administrative Assistant to the Clerk 3,958.34
Legislative Assistant III 4,250.00
Legislative Assistant III 4,000.00
Legislative Assistant III 2,916.67
Legislative Assistant II 2,666.67
Legislative Assistant II 2,500.00
Legislative Assistant I 2,083.34
Legislative Assistant I 2,083.34
Senate & Joint Committee
Fiscal Officer 4,416.67
Fiscal Officer 3,208.34
Chief Word Processor Operator 1,916.68
Secretary to the Majority Leader 2,083.34
Secretary to the Minority Leader 2,500.00
Legislative Analyst I 3,208.34
Legislative Analyst I 2,833.34
Legislative Analyst 2,875.00
Legislative Analyst 2,166.68
Legislative Analyst 2,041.68
Technical Support 2,166.68
Administrative Assistant to the
President 4,833.34
Executive Secretary to the President 3,916.68
Assistant to the President 2,875.00
Committee Support 1,833.34
Secretary to the Judiciary 1,833.34
Secretary to the Judiciary/Analyst 2,458.34
Secretary to the Finance Chairman 2,541.68
Secretary to the Health and Human
Resources Committee 2,291.68
Attorney 6,916.68
Attorney 6,083.34
Attorney 5,666.68
Attorney 5,666.68
Attorney 5,333.34
Supervisor, Materials/Supplies 3,083.34
Communications Clerk 2,458.34
Mail/Supply Clerk 2,333.34
Chief Custodian 2,666.68
Supervisor/Evening Custodians. 1,875.00
Custodian 1,583.34
The Clerk of the Senate, with the written approval of the
President of the Senate, or the President of the Senate, is hereby
authorized to employ persons to fill the above positions, at the
compensation hereinabove set forth for each, and to make
adjustments in said compensation during the year. The President of
the Senate may employ personnel at such rates of compensation as
may be needed to fill any other positions.
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.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 5, Requesting Division of
Highways name bridge near Jackson's Mill "Homer Bennett Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
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 eighth order of business.
Eng. Senate Bill No. 52, Eliminating certain bond on
out-of-state defendants in automobile accident cases.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: 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, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 52) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 52) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 163, Continuing driver's licensing advisory
board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 164, Continuing office of coalfield community
development.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 165, Continuing commission for national and
community service.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 166, Continuing oil and gas inspectors'
examining board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 4, Requiring notice of judgments
in magistrate court be mailed.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 82, Extending time for study of orphan roads and bridges.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 93, Relating to violence against
public employees.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Minard.
Thereafter, at the request of Senator Sharpe, and by unanimous
consent, the foregoing remarks by Senator Minard were ordered
extended in the Journal as follows:
SENATOR MINARD: Thank you, Mr. President. Mr. President, on
behalf of the Senator from Lewis and myself, we wish to state our
great concern over the emergence of legislation aimed at yet
another restructuring of higher education that we feel is a
precursor to closing Glenville State College. Let me be clear that
we will oppose the Governor, the Chancellor or the Higher Education
Policy Commission in any attempt to close Glenville State.
Mr. President, Glenville State College campus employs over 250
people. We are located in rural, central West Virginia serving ten
counties that comprise the heart of West Virginia. Within these
counties, over 54 percent of the school children receive free or
reduced-cost lunches. This same ten-county area averages 3,000 Medicaid recipients per county, or approximately 30,000 recipients.
Glenville State College is vital to the development of central
West Virginia. Its continuance as a four-year degree-granting
institution is paramount to the economic viability of its ten-
county service area. Glenville State College services 2,218
undergraduate students--93 percent of which come from West Virginia
counties. Approximately 75 percent of the students receive
financial aid through grants, loans and work studies. The College
has 66 full-time faculty members. The student-to-faculty ratio is
19-to-1 and there are 266 full-time employees. It is the largest
service area of any of the state's four-year colleges and operates
centers in Summersville and Weston in addition to the main campus
of Glenville.
If Glenville State College were to close, I ask, "Where would
these 266 employees go? Where would these families turn in our
depressed economy? What would be the impact on the local
retailers? What will be the economic impact felt by central West
Virginia if we close the only four-year college between Charleston
and Fairmont and between the Ohio River and the Virginia border?"
We are literally stranding higher education opportunities for
thousands of West Virginia youth who live in our state's most
depressed areas.
Mr. President, Glenville State College has been the lifeblood
for our area of the state. Every school has teachers who were prepared at Glenville. Nearly every community from Elizabeth to
Webster Springs has elected officials and community leaders who
were educated at Glenville.
At a time when business and industry looks first to an
educated work force, it makes absolutely no sense from an economic
development prospective to limit access to higher education. I
thought that when we passed the higher education reorganization
bill three years ago that we were stressing the need to expand
access and to improve the state's college-going rate. That's what
we are committed to and closing colleges does not achieve that
goal. Closing Glenville is like admitting defeat and telling the
world that West Virginia can't compete in the information age.
Mr. President, any talk or thought of closing Glenville State
College must cease this very day. The rumors of the past week may
have done serious harm in our ability to recruit a new president,
our ability to attract athletes and additional students and our
ability to maintain our professional staff. These rumors could
possibly undermine the noble objective of our institution and the
confidence of our professional staff.
Mr. President, the Senator from Lewis and I stand absolutely
firm in our opposition to any effort to close Glenville State
College.
Thank you.
__________
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, January 21, 2003, at 11 a.m.
____________