WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
TWENTY-SEVENTH DAY
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Charleston, W. Va., Monday, February 3, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Rick Perrine, Ripley
Baptist Temple, Ripley, West Virginia.
Pending the reading of the Journal of Friday, January 31,
2003,
On motion of Senator Jenkins, 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 third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2512--A Bill to amend and
reenact section six, article one-a, chapter twenty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, relating to competitive bidding and notice requirements for the
development of natural resources in which the public land
corporation has an interest; and requiring public hearings,
publication of notices and procedure if evidence establishes or
fails to establish the fair market value of the mineral interest.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2693--A Bill to amend and reenact sections
three and six, article two-b, chapter fifteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating to DNA sample required for DNA analysis upon conviction;
definitions; and requiring DNA samples for certain prisoners.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2750--A Bill to amend and reenact article
one, chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new
section, designated section thirteen-a, relating to continuation of
the office of health facility licensure and certification.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2751--A Bill to amend and reenact section
one-a, article two, chapter nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
continuation of the department of health and human resources.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2752--A Bill to amend and reenact section
fifteen, article five-p, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to continuation of the bureau of senior services.
Referred to the Committee on Government Organization.
The Senate proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2121, Establishing the
"All-Terrain Vehicle Safety Act" and the reasons therefor.
With amendments from the Committee on Transportation pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as last amended by the Committee on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolution were introduced, read by their titles, and
referred to the appropriate committees:
By Senators Plymale and Jenkins:
Senate Bill No. 425--A Bill to amend and reenact section one-
d, article one, chapter eighteen-b of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
authorizing the higher education policy commission to participate
in retirement and separation incentives.
Referred to the Committee on Education; then to the Committee
on Pensions; and then to the Committee on Finance.
By Senators Dempsey, Hunter and White:
Senate Bill No. 426--A Bill to amend article five-c, chapter
sixteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto seven new sections,
designated sections twenty through twenty-six, inclusive, all
relating to nursing homes; requiring adequate staffing; specifying certain staff to resident ratios; providing enforcement provisions;
including civil penalties; requiring a study committee; providing
enhanced training requirements for nurse aides; and providing a
grant program for projects aimed at reducing employee turnover in
nursing homes.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Love and Hunter:
Senate Bill No. 427--A Bill to amend chapter seven of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new article, designated article fourteen-f,
relating to creating the "West Virginia Division of Corrections
Retirement System Act".
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Love, Sharpe, Edgell and Minear:
Senate Bill No. 428--A Bill finding and declaring certain
claims against the state and its agencies to be moral obligations
of the state and directing the auditor to issue warrants for the
payment thereof.
Referred to the Committee on Finance.
By Senators Bowman, Prezioso and Unger:
Senate Bill No. 429--A Bill to amend and reenact section
twenty-two, article ten, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
public employees retirement generally; and increasing the
multiplier from two percent to two and one-quarter percent.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Ross, Sharpe and Oliverio:
Senate Bill No. 430--A Bill to amend and reenact section four,
article twenty-two, chapter seventeen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
providing certain restrictions on outdoor advertising in addition
to existing restrictions.
Referred to the Committee on Transportation.
By Senators Harrison and Weeks:
Senate Bill No. 431--A Bill to amend and reenact section
three, article fourteen, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to reducing by five cents the excise tax on all gasoline
and special fuel sold in this state.
Referred to the Committee on Finance.
By Senator Oliverio:
Senate Bill No. 432--A Bill to amend and reenact section two-
a, article three, chapter fifty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to deleting
the provision requiring magistrates to set payment plans when they collect a portion of a fine.
Referred to the Committee on the Judiciary.
By Senators Plymale, Edgell, Minard, Kessler, Bowman,
Caldwell, Hunter, White, Rowe, Fanning, Sharpe, Ross, Dempsey, Love
and Snyder:
Senate Bill No. 433--A Bill to amend and reenact sections two,
five and twenty-five, article sixteen, chapter five of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
all relating to providing coverage to employees who work full-time
whether regularly employed or not; excluding costs projected to be
paid for retired employees from the calculation for premium cost
sharing; and limiting funds transferred annually to the reserve
fund to ten percent of the projected medical and prescription drug
claim cost for each fiscal year.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Plymale, Edgell, Love and Sharpe:
Senate Bill No. 434--A Bill to amend and reenact sections two,
three, five, fifteen, sixteen and nineteen, article nine-d, chapter
eighteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, all relating to the school building
authority generally; clarifying rule-making powers of school
building authority; adding definition of "rule"; requiring that
rules be filed with the secretary of state and legislative oversight commission on education accountability; and changing the
term "guidelines" to "rule" throughout.
Referred to the Committee on Education.
By Senators Oliverio, Jenkins and Hunter:
Senate Joint Resolution No. 8--Proposing an amendment to the
Constitution of the State of West Virginia, amending section ten,
article VIII thereof, relating to increasing the term of office of
magistrates from four to six years; 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.
At the request of Senator Unger, and by unanimous consent,
Senators Unger and Snyder offered the following resolution from the
floor:
Senate Resolution No. 12--Recognizing Leadership Berkeley for
its service, dedication and commitment to Berkeley County.
Whereas, The objective of Leadership Berkeley is to promote
knowledge and awareness of the problems, opportunities and issues
facing Berkeley County; and
Whereas, Leadership Berkeley is designed to provide a series
of educational and participatory experiences, as well as an
opportunity for dialogue and the development of a correlation among
participants in order to encourage local participation in the
growth of Berkeley County; and
Whereas, The membership of Leadership Berkeley includes
individuals from nearly every facet of Berkeley County's business,
professional, religious, governmental, educational, civic, the
arts, organized labor and minority organizations who demonstrate a
commitment to the community; and
Whereas, The 2002-2003 membership of Leadership Berkeley
consists of James Bombino, Arbour Family Chiropractic; Diane
Creason, BB&T; Eugene DeLawder, DCPSSD; Michael Hicks, Frederick
Seibert & Associates; Kenneth Marstiller, Berkeley County Schools;
Scott Slick, BB&T; Nanette Stevens, West Virginia Housing
Development Fund; Stacy Campbell, Huntington National Bank; Ross
Curtis, Curtis Engineering; Cherise Garrido, Veterans
Administration Medical Center; Laura Kees, Wells Fargo Home
Mortgage; T. J. Roccogrande, Huntington National Bank; Sandy
Sponaugle, Platinum PR; Timothy Taylor, Merrill Lynch; Barbara
Corbin, Veterans Administration Medical Center; Michele Davis,
Shenandoah Valley Medical System; James Gassler, Cox Nichols
Hollida, Certified Public Accountants; Larry Kershner, Huntington
National Bank; Christopher Ross, Pill & Pill; Amanda Steiner, Pill
& Pill; and William Zinner, Alpha Associates, Inc.; therefore, be
it
Resolved by the Senate:
That the Senate hereby recognizes Leadership Berkeley for its
service, dedication and commitment to Berkeley County; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of
Leadership Berkeley.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recess for one minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 162, Expunging certain
motor vehicle license information for nineteen-year-olds.
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.
Com. Sub. for S. B. No. 162) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 181, Relating to compulsory
school attendance and home school instruction.
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.
Com. Sub. for S. B. No. 181) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 182, Meeting federal standards for
certain child passenger seats and safety devices.
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. 182) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 210, Permitting retired
state police to carry concealed weapon for life.
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, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: Chafin and Minear--2.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 210) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 337, Simplifying process for adoption of
children from foreign countries.
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. 337) passed with its title.
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. 100, Exempting barbers from continuing education classes.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Minard, the following amendment to the
bill was reported by the Clerk and adopted:
On page three, section four, line thirty-four, after the word
"barber" by inserting a comma and the words "beautician or
manicurist".
The bill (S. B. No. 100), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 415, Continuing environmental quality board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 416, Continuing massage therapy licensure
board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 417, Continuing commission for deaf and
hard-of-hearing.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 418, Continuing investment management board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 419, Continuing governor's office of fiscal
risk analysis and management.
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 eleventh order of business and the
introduction of guests.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, February 4, 2003, at 11 a.m.
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