WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
TWENTY-FIRST DAY
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Charleston, W. Va., Tuesday, January 28, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Karen Brown, Lakeview
United Methodist Church, St. Albans, West Virginia.
Pending the reading of the Journal of Monday, January 27,
2003,
On motion of Senator Facemyer, 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.
Senator Tomblin (Mr. President) presented a communication from
the Department of Tax and Revenue, submitting its quarterly report
summarizing closing agreements as required by chapter eleven,
article ten, section five-q of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Division of Forestry, submitting its annual report, in
accordance with chapter nineteen, article one-a, section 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 Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 162, Expunging certain motor vehicle license
information for nineteen-year-olds.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 162 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact section
fourteen, article two, chapter seventeen-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to motor vehicles; and expunging motor vehicle license
information for nineteen-year-olds when denials, suspensions or
revocations of their licenses are due to school attendance.
And,
Senate Bill No. 210, Permitting retired state police to carry
concealed weapon for life.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 210 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact section
twenty-five, article two, chapter fifteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to permitting a retired member of the state police to
carry a concealed weapon for the life of the member.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Bill No. 182, Meeting federal standards for certain
child passenger seats and safety devices.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Mike Ross,
Chair.
Senator Jenkins, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 235, Authorizing consolidated public
retirement board to promulgate legislative rule relating to benefit
determination and appeal.
Senate Bill No. 236, Authorizing consolidated public
retirement board to promulgate legislative rule relating to
teachers defined benefit plan.
Senate Bill No. 237, Authorizing consolidated public
retirement board to promulgate legislative rule relating to public
employees retirement system.
And,
Senate Bill No. 238, Authorizing consolidated public
retirement board to promulgate legislative rule relating to state
police disability determination and appeal process.
And reports the same back with the recommendation that they
each do pass; but under the original triple committee references
first be referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Respectfully submitted,
Evan H. Jenkins,
Chair.
The bills, under the original triple committee references,
were referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Bill No. 277, Authorizing division of highways to
promulgate legislative rule relating to traffic and safety.
And,
Senate Bill No. 278, Authorizing division of highways to
promulgate legislative rule relating to transportation of hazardous
wastes upon roads and highways.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Mike Ross,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 324, Authorizing real estate appraiser
licensing and certification board to promulgate legislative rule
relating to requirements for licensure and certification.
Senate Bill No. 327, Authorizing real estate commission to promulgate legislative rule relating to schedule of fees.
Senate Bill No. 331, Authorizing tax commissioner to
promulgate legislative rule relating to payment of taxes by
electronic funds transfer.
And,
Senate Bill No. 332, Authorizing tax commissioner to
promulgate legislative rule relating to tax credit for medical
malpractice insurance premiums.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 337, Simplifying process for adoption of
children from foreign countries.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Concurrent Resolution No. 7, Requesting Division of
Highways name bridge on Route 80 at Verner "William Chapman
Browning Bridge".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Mike Ross,
Chair.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Concurrent Resolution No. 11, Requesting Division of
Highways name bridge on Route 5 near Elizabeth "World War II
Veterans Memorial Bridge".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Mike Ross,
Chair.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Concurrent Resolution No. 14, Requesting Division of
Highways authorize sign by Little Kanawha River Parkway Commission
at Intersection of Interstate 79 and Exit 79 at Burnsville.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Mike Ross,
Chair.
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 Senator Ross:
Senate Bill No. 370--A Bill to amend and reenact section
seventeen, article fifteen, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to auxiliary lighting on motor vehicles; allowing original
equipment roof-mounted light bar lighting devices on motor vehicles
when used off road; and requiring that the devices be turned off
and covered when the motor vehicle is operated on a road or
highway.
Referred to the Committee on Transportation.
By Senator Caldwell:
Senate Bill No. 371--A Bill to amend and reenact section
twenty-four, article three, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to enhanced criminal penalties for obtaining money,
property and services by false pretenses from persons sixty-five
years of age and older.
Referred to the Committee on the Judiciary.
By Senators Unger, Prezioso, Jenkins, Smith and Plymale:
Senate Bill No. 372--A Bill to amend and reenact section
thirteen, article two, chapter fifteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to allowing members of the state police to engage in
political activities while out of uniform and off duty.
Referred to the Committee on the Judiciary.
By Senators Love, Rowe, Ross, Sharpe and Hunter:
Senate Bill No. 373--A Bill to amend and reenact section five,
article twelve, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend and reenact
section eleven, article two, chapter eleven-a of said code; and to
further amend said article by adding thereto a new section,
designated section twenty, all relating to payment of personal
property taxes as a condition precedent to receiving or maintaining a business registration certificate; requiring sheriffs to notify
delinquent personal property owners; and requiring the tax
commissioner to suspend or refuse to issue a business registration
certificate where business has not paid delinquent personal
property taxes.
Referred to the Committee on Finance.
By Senators Love, Rowe and Caldwell:
Senate Bill No. 374--A Bill to amend and reenact section
fourteen, article three, chapter seventeen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to authorizing a special registration license plate to
honorably discharged female military veterans.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
By Senator Bowman:
Senate Bill No. 375--A Bill to amend and reenact sections
seven and nine, article eleven, chapter twenty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
all relating to contractor licensing generally; and allowing the
transfer of a license to a new business entity in which the license
holder is the principal owner, partner or officer.
Referred to the Committee on Government Organization.
By Senator Love:
Senate Bill No. 376--A Bill to amend and reenact section three, article six-b, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
amend and reenact section six, article seventeen-a of said chapter,
all relating to declination of automobile liability insurance and
homeowner's insurance solely based on adverse credit reports
generally; and requiring certain carriers to provide counseling and
information to consumers if policies are rerated using credit
scoring.
Referred to the Committee on Banking and Insurance.
By Senators Minard and Jenkins:
Senate Bill No. 377--A Bill to repeal section twenty-six,
article twelve, chapter thirty-three of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; to amend and
reenact section thirteen, article three of said chapter; to amend
and reenact section eighteen, article four of said chapter; to
amend and reenact sections three, eight, ten, eighteen, twenty-
eight and thirty-two, article twelve of said chapter; to amend and
reenact section two, article twenty-one of said chapter; to amend
and reenact section two, article twenty-two of said chapter; to
amend and reenact sections two and thirty-three, article twenty-
three of said chapter; to amend and reenact section four, article
twenty-four of said chapter; to amend and reenact section twenty-
four, article twenty-five-a of said chapter; to amend and reenact
section twenty-six, article twenty-five-d of said chapter; and to amend and reenact section twenty-one, article thirty-two of said
chapter, all relating to insurance vending machines; license
requirement for insurance producers; continuing education required;
fees charged; agent appointments and service representatives; and
renumbering chapter relating to the references to article twelve
and excess line brokers.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Minard, Jenkins, Bowman, Rowe and Hunter:
Senate Bill No. 378--A Bill to amend and reenact section four,
article two, chapter thirty-three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to the
subpoena power of the office of the insurance commissioner.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Oliverio, Caldwell, Fanning, Kessler, Deem,
Facemyer, Smith, Ross, Sharpe, Hunter, Rowe, Jenkins, McKenzie,
Minard, Minear and Plymale:
Senate Bill No. 379--A Bill to amend chapter forty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article six-f,
relating to the establishment of the citizen review panel to review
the procedures of child protective services; providing for the
composition and duties of membership; providing for confidentiality requirements; providing for expense reimbursement; providing for
civil penalties; and providing for immunity from liability.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Oliverio, Caldwell, Fanning, Kessler, Deem,
Facemyer, Unger and Sharpe:
Senate Bill No. 380--A Bill to amend and reenact sections one,
three, four, five, six, seven, eight, nine, eleven and thirteen,
article eighteen, chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to further amend
said article by adding thereto three new sections, designated
section four-a, seven-a and fourteen, all relating to the licensing
of private investigators and security guards; registration of
private investigative and security guard employees; prohibited
acts; penalties for late registration; and fees and charges for
services of the secretary of state.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Minard:
Senate Bill No. 381--A Bill to amend and reenact section one
thousand three hundred one, article thirteen, chapter thirty-one-b
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, relating to adding professional surveyors to the list
of professionals who may organize professional limited liability companies.
Referred to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 382--A Bill to amend and reenact section four,
article seven, chapter sixty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating generally to
applications for private club license; and giving the commissioner
authority to investigate character and criminal records, if any, of
applicant's chief executive officer, chief operating officer and
in-state manager of local operation seeking a private club license.
Referred to the Committee on the Judiciary.
By Senators Bailey and Bowman:
Senate Bill No. 383--A Bill to amend and reenact section
eleven, article two, chapter sixty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating
generally to powers of alcohol beverage control commissioner; and
allowing commissioner, with permission of governor, to sell current
warehouse located in Nitro, Putnam County, and purchase another
warehouse in location to be determined within discretion of
commissioner and permission of governor.
Referred to the Committee on Government Organization.
By Senators Bailey and Bowman:
Senate Bill No. 384--A Bill to amend and reenact section ten,
article two, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
current location of offices of the alcohol beverage control
administration.
Referred to the Committee on Government Organization.
Senators Hunter, Helmick, Ross and Minear offered the
following resolution:
Senate Concurrent Resolution No. 20--Requesting the Joint
Committee on Government and Finance study the impact of the
diminishing tax base and loss of revenue that occurs when federal
and state parks and forests located within the state geographically
expand and also explore alternative sources of revenue that local
governments may look toward when private lands are converted to
public lands within the boundaries of parks and forests.
Whereas, When federal and state parks and forests expand their
boundaries to include former private lands within their boundaries,
counties and local governments lose tax revenue associated with
property taxes and other taxes previously imposed while the
property was held privately; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the impact of the diminishing tax base and loss
of revenue that occurs when federal and state parks and forests
located within the state geographically expand and to also explore
alternative sources of revenue that local governments may look toward when private lands are converted to public lands within the
boundaries of parks and forests; 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.
Petitions
Senator Rowe presented a petition from Lisa Jennings and
numerous West Virginia residents, requesting the Legislature to
reform the medical liability system.
Referred to the Committee on the Judiciary.
Senator Ross presented a petition from Don Johnson and fifteen
Randolph County teachers, requesting the Legislature to increase
the tobacco tax by one dollar per pack of cigarettes.
Referred to the Committee on Finance.
Senator Minard presented a petition from Marjorie E. Carr and
numerous West Virginia residents, requesting the Legislature to
reform the medical liability system.
Referred to the Committee on the Judiciary.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 281, Continuing department of
environmental protection.
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, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Snyder--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 281) 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. 282, Continuing division of motor
vehicles.
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, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Snyder--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 282) 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. 283, Continuing public service
commission.
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, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Snyder--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 283) 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. 284, Continuing division of purchasing
within department of administration.
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, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Snyder--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 284) 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.
Com. Sub. for Senate Bill No. 39, Making false alarm felony in certain cases.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator McKenzie, the following amendments to the
bill were reported by the Clerk and considered simultaneously:
On page two, section twenty-seven, line seventeen, by striking
out the words "confined in the county jail" and inserting in lieu
thereof the words "sentenced to home confinement";
On page two, section twenty-seven, line eighteen, by striking
out the word "confined" and inserting in lieu thereof the words
"sentenced to home confinement";
On page three, section twenty-seven, line twenty-one, by
striking out the words "confined in the county or regional jail"
and inserting in lieu thereof the words "sentenced to home
confinement";
On page three, section twenty-seven, line twenty-nine, by
striking out the word "felony" and inserting in lieu thereof the
word "misdemeanor";
And,
On page three, section twenty-seven, lines thirty through
thirty-two, by striking out the words "shall be confined in a state
correctional facility for not less than one nor more than three
years, or fined not more than five thousand dollars, or both" and
inserting in lieu thereof the words "shall be sentenced to home confinement for one year and fined one thousand dollars. In
addition, any person found guilty under this subsection shall
attend counseling for a period of one year during home
confinement".
Following discussion,
The question being on the adoption of Senator McKenzie's
amendments to the bill, the same was put and did not prevail.
On motion of Senator Kessler, the following amendment to the
bill was next reported by the Clerk and adopted:
On page two, section twenty-seven, line seventeen, after the
word "county" by inserting the words "or regional".
The bill (Com. Sub. for S. B. No. 39), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 109, Notifying third party of
entry of order affecting child's care and education.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 120, Changing qualification rank for adjutant
general to lieutenant.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 205, Modifying criminal intent for animal
cruelty crimes; fines.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned 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. 256, Authorizing development office to
promulgate legislative rule relating to community development
assessment and real property valuation procedures for office of
coalfield development.
And reports the same back with the recommendation that it 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, under the original double committee reference, was
then referred to the Committee on the Judiciary.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Chafin, Sprouse, Bowman, Deem,
Minear and Boley.
Senator Oliverio then moved that the Senate adjourn until
tomorrow, Wednesday, January 29, 2003, at 11 a.m.
Thereafter, at the request of Senator Oliverio, and by
unanimous consent, his foregoing motion was withdrawn.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Snyder.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, January 29, 2003, at 11 a.m.
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