WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
FORTY-EIGHTH DAY
____________
Charleston, W. Va., Monday, February 24, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Delton Smith, Christian Life
Center, Parkersburg, West Virginia.
Pending the reading of the Journal of Friday, February 21,
2003,
On motion of Senator White, 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 amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 170,
Requiring informed consent for abortion; other provision.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 2I. WOMEN'S RIGHT TO KNOW ACT.
§16-2I-1. Definitions.
For the purposes of this article, the words or phrases defined
in this section have these meanings ascribed to them.
(a) "Abortion" means the use or prescription of any
instrument, medicine, drug or any other substance or device
intentionally to terminate the pregnancy of a female known to be
pregnant with an intention other than to increase the probability
of a live birth, to preserve the life or health of the child after
live birth or to remove a dead embryo or fetus.
(b) "Attempt to perform an abortion" means an act, or an
omission of a statutorily required act, that, under the
circumstances as the actor believes them to be, constitutes a
substantial step in a course of conduct planned to culminate in the
performance of an abortion in West Virginia in violation of this
article.
(c) "Medical emergency" means any condition which, on the
basis of a physician's good-faith clinical judgment, so complicates
the medical condition of a pregnant female as to necessitate the
immediate termination of her pregnancy to avert her death or for
which a delay will create serious risk of substantial and
irreversible impairment of a major bodily function.
(d) "Physician" means any medical or osteopathic doctor
licensed to practice medicine in this state.
(e) "Probable gestational age of the embryo or fetus" means
what, in the judgment of the physician, will with reasonable
probability be the gestational age of the embryo or fetus at the
time the abortion is planned to be performed.
(f) "Stable internet website" means a website that, to the
extent reasonably practicable, is safeguarded from having its
content altered other than by the department of health and human
resources.
§16-2I-2.
Informed consent.
No abortion may be performed in this state except with the
voluntary and informed consent of the female upon whom the abortion
is to be performed. Except in the case of a medical emergency,
consent to an abortion is voluntary and informed if, and only if:
(a) The female is told the following, by telephone or in
person, by the physician or the licensed health care professional
to whom the responsibility has been delegated by the physician who
is to perform the abortion at least twenty-four hours before the
abortion:
(1) The particular medical risks associated with the
particular abortion procedure to be employed, including, when
medically accurate, the risks of infection, hemorrhage, danger to
subsequent pregnancies and infertility;
(2) The probable gestational age of the embryo or fetus at the
time the abortion is to be performed; and
(3) The medical risks associated with carrying her child to
term.
The information required by this subsection may be provided by
telephone without conducting a physical examination or tests of the
patient, in which case the information required to be provided may
be based on facts supplied by the female to the physician or other
licensed health care professional to whom the responsibility has
been delegated by the physician and whatever other relevant
information is reasonably available to the physician or other
licensed health care professional to whom the responsibility has
been delegated by the physician. It may not be provided by a tape
recording, but must be provided during a consultation in which the
physician or licensed health care professional to whom the
responsibility has been delegated by the physician is able to ask
questions of the female and the female is able to ask questions of
the physician or the licensed health care professional to whom the
responsibility has been delegated by the physician.
If a physical examination, tests or the availability of other information to the physician or other licensed health care
professional to whom the responsibility has been delegated by the
physician subsequently indicate, in the medical judgment of the
physician or the licensed health care professional to whom the
responsibility has been delegated by the physician, a revision of
the information previously supplied to the patient, that revised
information may be communicated to the patient at any time prior to
the performance of the abortion procedure.
Nothing in this section may be construed to preclude provision
of required information in a language understood by the patient
through a translator.
(b) The female is informed, by telephone or in person, by the
physician who is to perform the abortion, or by an agent of the
physician, at least twenty-four hours before the abortion
procedure:
(1) That medical assistance benefits may be available for
prenatal care, childbirth and neonatal care through governmental or
private entities;
(2) That the father, if his identity can be determined, is
liable to assist in the support of her child based upon his ability
to pay even in instances in which the father has offered to pay for
the abortion; and
(3) That she has the right to review the printed materials
described in section three of this article, that these materials are available on a state-sponsored website and the website address.
The physician or an agent of the physician shall orally inform
the female that the materials have been provided by the state of
West Virginia and that they describe the embryo or fetus and list
agencies and entities which offer alternatives to abortion.
If the female chooses to view the materials other than on the
website, then they shall either be provided to her at least twenty-
four hours before the abortion or mailed to her at least seventy-
two hours before the abortion by first class mail in an unmarked
envelope.
The information required by this subsection may be provided by
a tape recording if provision is made to record or otherwise
register specifically whether the female does or does not choose to
have the printed materials given or mailed to her.
(c) The female shall certify in writing, prior to the
abortion, that the information described in subsections (a) and (b)
of this section has been provided to her and that she has been
informed of her opportunity to review the information referred to
in subdivision (3), subsection (b) of this section.
(d) Prior to performing the abortion procedure, the physician
who is to perform the abortion or the physician's agent shall
obtain a copy of the executed certification required by the
provisions of subsection (c) of this section.
§16-2I-3.
Printed information.
(a) Within ninety days of the effective date of this article,
the secretary of the department of health and human resources shall
cause to be published, in English and in each language which is the
primary language of two percent or more of the state's population,
as determined by the most recent decennial census performed by the
U. S. census bureau, and shall cause to be available on the website
provided for in section four of this article the following printed
materials in such a way as to ensure that the information is easily
comprehensible:
(1) Geographically indexed materials designed to inform the
reader of public and private agencies and services available to
assist a female through pregnancy, upon childbirth and while the
child is dependent, including adoption agencies, which shall
include a comprehensive list of the agencies available, a
description of the services they offer and a description of the
manner, including telephone numbers. At the option of the
secretary of health and human resources, a 24-hour-a-day telephone
number may be established with the number being published in such
a way as to maximize public awareness of its existence which may be
called to obtain a list and description of agencies in the locality
of the caller and of the services they offer; and
(2) Materials designed to inform the female of the probable
anatomical and physiological characteristics of the embryo or fetus
at two-week gestational increments from the time when a female can be known to be pregnant to full term, including any relevant
information on the possibility of the embryo or fetus's survival
and pictures or drawings representing the development of an embryo
or fetus at two-week gestational increments: Provided, That any
such pictures or drawings must contain the dimensions of the embryo
or fetus and must be realistic and appropriate for the stage of
pregnancy depicted. The materials shall be objective,
nonjudgmental and designed to convey only accurate scientific
information about the embryo or fetus at the various gestational
ages. The material shall also contain objective information
describing the methods of abortion procedures commonly employed,
the medical risks commonly associated with each procedure, the
possible detrimental psychological effects of abortion and the
medical risks commonly associated with carrying a child to term.
(b) The materials referred to in subsection (a) of this
section shall be printed in a typeface large enough to be clearly
legible. The website provided for in section four of this article
shall be maintained at a minimum resolution of seventy dots per
inch. All pictures appearing on the website shall be a minimum of
200 x 300 pixels. All letters on the website shall be a minimum of
eleven-point font. All information and pictures shall be
accessible with an industry standard browser requiring no
additional plug-ins.
(c) The materials required under this section shall be
available at no cost from the department of health and human
resources upon request and in appropriate numbers to any person,
facility or hospital.
§16-2I-4. Internet website.
Within ninety days of the effective date of this article, the
secretary of the department of health and human resources shall
develop and maintain a stable internet website to provide the
information required to be provided pursuant to the provisions of
section three of this article. No information regarding persons
visiting the website may be collected or maintained. The secretary
of the department of health and human resources shall monitor the
website on a daily basis to prevent and correct tampering.
§16-2I-5. Procedure in case of medical emergency.
When a medical emergency compels the performance of an
abortion, the physician shall inform the female, prior to the
abortion if possible, of the medical indications supporting the
physician's judgment that an abortion is necessary to avert her
death or that a 24-hour delay will create serious risk of
substantial and irreversible impairment of a major bodily function.
§16-2I-6. Protection of privacy in court proceedings.
In every civil or criminal proceeding or action brought under
this article, the court shall rule whether the anonymity of any
female upon whom an abortion has been performed or attempted shall
be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte,
shall make such a ruling and, upon determining that her anonymity
should be preserved, shall issue orders to the parties, witnesses
and counsel and shall direct the sealing of the record and
exclusion of individuals from courtrooms or hearing rooms to the
extent necessary to safeguard her identity from public disclosure.
Each such order shall be accompanied by specific written findings
explaining why the anonymity of the female should be preserved from
public disclosure, why the order is essential to that end, how the
order is narrowly tailored to serve that interest and why no
reasonable, less restrictive alternative exists. In the absence of
written consent of the female upon whom an abortion has been
performed or attempted, anyone, other than a public official, who
brings an action under section nine of this article shall do so
under a pseudonym. This section may not be construed to conceal
the identity of the plaintiff or of witnesses from the defendant.
§16-2I-7. Reporting requirements.
(a) Within ninety days of the effective date of this article,
the secretary of the department of health and human resources shall
prepare a reporting form for physicians containing a reprint of
this article and listing:
(1) The number of females to whom the information described in
subsection (a), section two of this article was provided;
(2) The number of females to whom the physician or an agent of the physician provided the information described in subsection (b),
section two of this article;
(3) The number of females who availed themselves of the
opportunity to obtain a copy of the printed information described
in section three of this article other than on the website;
(4) The number of abortions performed in cases involving
medical emergency; and
(5) The number of abortions performed in cases not involving
a medical emergency.
(b) The secretary of the department of health and human
resources shall ensure that copies of the reporting forms described
in subsection (a) of this section are provided:
(1) Within one hundred twenty days after the effective date of
this article to all physicians licensed to practice in this state;
(2) To each physician who subsequently becomes newly licensed
to practice in this state, at the same time as official
notification to that physician that the physician is so licensed;
and
(3) By the first day of December of each year, other than the
calendar year in which forms are distributed in accordance with
subdivision (1) of this subsection, to all physicians licensed to
practice in this state.
(c) By the twenty-eighth day of February of each year
following a calendar year in any part of which this act was in
effect, each physician who provided, or whose agent provided,
information to one or more females in accordance with section two
of this article during the previous calendar year shall submit to
the secretary of the department of health and human resources a
copy of the form described in subsection (a) of this section with
the requested data entered accurately and completely.
(d) Reports that are not submitted by the end of a grace
period of thirty days following the due date are subject to a late
fee of five hundred dollars for each additional thirty-day period
or portion of a thirty-day period they are overdue. Any physician
required to report in accordance with this section who has not
submitted a report, or has submitted only an incomplete report,
more than one year following the due date may, in an action brought
by the secretary of the department of health and human resources,
be directed by a court of competent jurisdiction to submit a
complete report within a period stated by court order or be subject
to sanctions for civil contempt.
(e) By the first day of August of each year, the secretary of
the department of health and human resources shall issue a public
report providing statistics for the previous calendar year compiled
from all of the reports covering that year submitted in accordance
with this section for each of the items listed in subsection (a) of
this section. Each report shall also provide the statistics for
all previous calendar years, adjusted to reflect any additional
information from late or corrected reports. The secretary of the
department of health and human resources shall prevent any of the
information from being included in the public reports that could
reasonably lead to the identification of any physician who
performed or treated an abortion, or any female who has had an
abortion, in accordance with subsection (a), (b) or (c) of this
section. Any information that could reasonably lead to the
identification of any physician who performed or treated an
abortion, or any female who has had an abortion, in accordance with
subsection (a), (b) or (c) of this section, is exempt from
disclosure under the freedom of information act, article one,
chapter twenty-nine-b of this code.
(f) The secretary of the department of health and human
resources may propose rules for legislative approval in accordance
with the provisions of article three, chapter twenty-nine-a of this
code which alter the dates established by subdivision (3),
subsection (b) of this section, or subsection (c) or (e) of this
section or consolidate the forms or reports described in this
section with other forms or reports to achieve administrative
convenience or fiscal savings or to reduce the burden of reporting
requirements, so long as reporting forms are sent to all licensed
physicians in the state at least once every year and the report
described in subsection (e) of this section is issued at least once
every year.
§16-2I-8. Administrative remedies.
(a) Any person or entity may make a complaint to the licensing
board, if any, of a person whose conduct is regulated by the
provisions of this article and may charge such person with a
violation of this article.
(b) Any physician or agent thereof who willfully violates the
provisions of this article is subject to sanctions by the licensing
board governing his or her profession. For the first violation,
the licensing board shall issue a written reprimand to the
violator. For the second violation, the licensing board shall
revoke the violator's license.
(c) No penalty or civil liability may be assessed for failure
to comply with paragraph (3), subsection (b), section two of this
article or that portion of subsection (c) of said section requiring
a written certification that the female has been informed of her
opportunity to review the information referred to in paragraph (3),
subsection (b) of said section unless the department of health and
human resources has made the printed materials available at the
time the physician or the licensed health care professional to whom
the responsibility has been delegated by the physician is required
to inform the female of her right to review them.
§16-2I-9. Civil remedies.
Any person upon whom an abortion has been attempted or
performed without section two of this article having been complied with may maintain an action against the person who attempted to
perform or did perform the abortion with a knowing or consciously,
subjectively and deliberately formed intention to violate this
article for compensatory damages. If the person upon whom an
abortion has been attempted or performed without section two of
this article having been complied with is a minor, the legal
guardian of the minor may maintain an action against the person who
attempted to perform or did perform the abortion with a knowing or
consciously, subjectively and deliberately formed intention to
violate this article for compensatory damages.
§16-2I-10. Severability.
If any one or more provision, section, subsection, sentence,
clause, phrase or word of this article or the application thereof
to any person or circumstance is found to be unconstitutional, the
same is hereby declared to be severable and the balance of this
article shall remain effective notwithstanding such
unconstitutionality. The Legislature hereby declares that it would
have passed this article, and each provision, section, subsection,
sentence, clause, phrase or word thereof, irrespective of the fact
that any one or more provision, section, subsection, sentence,
clause, phrase or word be declared unconstitutional.;
And,
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 170--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 two-i, relating to creating a women's
right to know act; requiring informed consent for an abortion to be
performed; requiring certain information to be supplied to women
considering abortion; establishing minimum waiting period for
abortions after having been supplied information; exception for a
medical emergency; requiring physicians to report abortion
statistics; requiring the secretary of the department of health and
human resources to publish information and develop a website on
alternatives to abortion; protecting privacy in court proceedings;
exempting certain information from disclosure under the freedom of
information act; administrative remedies; civil remedies; and
penalties.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 170, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
The nays were: McCabe and Rowe--2.
Absent: Guills and Snyder--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 170) passed with its House of
Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2603--A Bill to amend and
reenact article three, chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating generally to the promulgation of administrative rules by
the various executive or administrative agencies and the procedures
relating thereto; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive or
administrative agencies of the state; authorizing certain of the
agencies to promulgate certain legislative rules in the form that
the rules were filed in the state register; authorizing certain of
the agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to
promulgate certain legislative rules as amended by the Legislature;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee and as
amended by the Legislature; authorizing the department of
environmental protection to promulgate a legislative rule relating
to the NOx budget trading program as a means of control and
reduction of nitrogen oxides from nonelectric generating units;
authorizing the department of environmental protection to
promulgate a legislative rule relating to permits for the
construction, modification, relocation and operation of stationary
sources of air pollutants, notification requirements,
administrative updates, temporary permits, general permits and
procedures for evaluation; authorizing the department of
environmental protection to promulgate a legislative rule relating
to standards of performance for new stationary sources pursuant to
40 CFR Part 60; authorizing the department of environmental
protection to promulgate a legislative rule relating to the
prevention and control of air pollution from hazardous waste
treatment, storage or disposal facilities; authorizing the
department of environmental protection to promulgate a legislative
rule relating to the NOx budget trading program as a means of
control and reduction of nitrogen oxides from electric generating units; authorizing the department of environmental protection to
promulgate a legislative rule relating to requirements for
operating permits; authorizing the department of environmental
protection to promulgate a legislative rule relating to emission
standards for hazardous air pollutants for source categories
pursuant to 40 CFR Part 63; authorizing the department of
environmental protection to promulgate a legislative rule relating
to acid rain provisions and permits; authorizing the department of
environmental protection to promulgate a legislative rule relating
to surface mining and reclamation; authorizing the department of
environmental protection to promulgate a legislative rule relating
to coal-related dam safety; authorizing the department of
environmental protection to promulgate a legislative rule relating
to standards for the beneficial use of materials similar to sewage
sludge; authorizing the department of environmental protection to
promulgate a legislative rule relating to hazardous waste
management; authorizing the department of environmental protection
to promulgate a legislative rule relating to the hazardous waste
management fund certification legislative rule concerning fee
assessment; authorizing the department of environmental protection
to promulgate a legislative rule relating to water pollution
control permit fee schedules; authorizing the environmental quality
board to promulgate a legislative rule relating to requirements
governing water quality standards; and authorizing the oil and gas conservation commission to promulgate a legislative rule relating
to rules of the commission.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2984--A Bill to amend and reenact section
fourteen-b, article seven-a, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to state teachers retirement system; increasing the amount
of service credit a teacher off work on workers' compensation may
purchase; setting forth a window for the purchase; and providing
that a teacher receive increment credit for each year purchased.
Referred to the Committee on Pensions; 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. 3050--A Bill to authorize the county
commission of Jefferson County to convey a parcel of county-owned
land to the Jefferson County Fairgrounds; and reserving certain
reversionary rights.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 46--Requesting the West
Virginia Division of Highways to name Mullens overhead bridge
located on State Route 16 in Mullens, Wyoming County, West
Virginia, the "Sergeant Jack W. Staton Memorial Bridge".
Whereas, Jack W. Staton was born on December 25, 1924, in West
Columbia, Mason County, West Virginia, the son of Bertha and
Russell Cunningham Staton. He graduated from Mullens High School
in 1942 and enlisted in the U. S. Air Force. He married Anna June
Robertson on October 19, 1943; and
Whereas, Jack W. Staton attained the rank of Sergeant and was
assigned to a B-24 Bomber crew as nose turret gunner at
Davis-Monthan Air Base, Tucson, Arizona, in May or June 1944. The
crew was later assigned to the 446th Bomb Group, 706th Bomb
Squadron, (APO) at Bungay, northeast of London near the English
Channel. The other crew members were 1st Lt. Ralph V. Shaffer,
Pilot; 2nd Lt. George Lesko, Copilot; 2nd Lt. Herbert Rubin,
Bombardier; Flight Officer Norman H. Phillips, Navigator; Tech Sgt.
Charles E. Wyatt, Engineer; Staff Sgt. Frank W. Loichinger, Radio
Operator; Sgt. Albert H. Lang, Ball T Gunner; Sgt. Ted Zomonek,
Waist Gunner (also from West Virginia); Sgt. Willard R. Fetterhoff,
Tail Gunner; and Private Jack Maxwell, Waist Gunner. This crew
flew nine missions, with their last being on August 26, 1944. Their mission and target on this date was the Farber Chemical
Factory at Mannhien/Ludigshafen, Germany. The crew (except Herb
Rubin who was training with another crew) was flying a plane named
"Ginger" when they encountered flak at their target. The B-24 was
severely damaged with three of the four engines out. The entire
crew parachuted out and the plane crashed at Schoeneck, France,
several kilometers from Saarbrucken, Germany. Jack Staton's body
was recovered from the Saar River in Saarbrucken and, while the
cause of his death was never verified except for German
documentation stating drowning, surviving crew member George Lesko
has indicated that he was sure Jack Staton would have been wearing
his "Mae West" floatation device in the water and doubts the German
records. German treatment of other members plus eyewitness
accounts support the conclusion that he was murdered. Other
members of this crew who died on that ill-fated day were Charles E.
Wyatt, Ted Zemonek, Willard R. Fetterhoff and Jack Maxwell, who
were all captured by the German SS and after they surrendered were
marched into a forest and shot in the back of their heads. These
executioners were found guilty at the war crimes trial and were
executed by hanging. Vince Shaffer was also lost on that date, but
it is still unknown what happened to him. The only crew members to
survive were George Lesko, Albert H. Lang and Norman H. Phillips;
and
Whereas, Jack W. Staton and the brave men who flew with his crew gave their lives in the service of their country, making the
supreme sacrifice in a time of great worldwide conflict to protect
our freedoms and to assist others from the threats of tyranny
against that freedom; and
Whereas, Jack W. Staton received two Silver Stars, Purple
Heart, Air Medal, European Theater Medal, Good Conduct and
Distinguished Flying Cross; and
Whereas, The life and sacrifice of Jack W. Staton and his
fellow crew members should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature request the West Virginia
Division of Highways to name the Mullens overhead bridge located on
State Route 16 in Mullens, Wyoming County, West Virginia, the
"Sergeant Jack W. Staton Memorial Bridge"; and, be it
Further Resolved, That the West Virginia Division of Highways
provide and erect a sign at either end of the bridge displaying the
name of the bridge; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of the Division of Highways and to the surviving family of Jack W.
Staton, along with the surviving crew of the B-24 "Ginger" together
with the heartfelt thanks and gratitude from this Legislature to
the other young crewmen who also lost their lives on August 26,
1944, and to the survivors of that mission who have served their country so well, all heroes to their country, and whose deeds
should also not go unnoticed.
Referred to the Committee on Transportation.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 53--Extending the Committee of
Conference relating to consideration of Com. Sub. for H. B. 2122,
relating to medical professional liability generally.
Resolved by the Legislature of West Virginia:
That pursuant to Rule No. 3 of the Joint Rules of the Senate
and House of Delegates, the Committee of Conference is hereby
extended for a period of three days for the express purpose of
consideration of matters of disagreement between the two houses as
to Com. Sub. for H. B. 2122.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
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. 380, Relating to licensing of private
investigators and security guards.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on the Judiciary pending.
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. 494, Regulating fees between cemeteries and
veterans for setting grave markers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 494 (originating in the
Committee on the Judiciary)--A Bill to amend the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new chapter, designated chapter twenty-four-f,
relating to authorizing the public service commission to regulate
transactions between cemeteries, companies that set and install
memorial headmarkers and veterans or their survivors concerning
fees for setting United States department of veterans' affairs
gravemarkers at the graves of deceased veterans; legislative
findings; exemptions; enforcement of orders; judicial review; and
designation of the affected cemeteries as outside the purview of
utility regulation.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report
had been filed at 11:30 a.m. today:
Eng. Com. Sub. for House Bill No. 2121, Establishing the
"All-Terrain Vehicle Safety Act" and the reasons therefor.
The Senate proceeded to the sixth order of business.
Senator Rowe offered the following resolution:
Senate Concurrent Resolution No. 34--Requesting the Joint
Committee on Government and Finance study the administration and
management of estates of decedents and minors and the powers, duties and qualifications of fiduciaries charged with administering
and managing those estates.
Whereas, The methods of governing the administration and
management of estates of decedents and minors are outdated and
should be reviewed and revised; and
Whereas, The procedures required for the administration and
management of estates of decedents and minors are complex and
cumbersome for people appointed as fiduciaries; and
Whereas, The powers, duties and qualifications of fiduciaries
conflict at times; and
Whereas, An efficient, easily understood method of
administering and managing estates of decedents and minors serves
the best interests of the citizens of West Virginia; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the administration and management of estates of
decedents and minors and the powers, duties and qualifications of
fiduciaries charged with administering and managing those estates;
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.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 28, Requesting Division of
Highways name bridge on Interstate 64/77 spanning Cabin Creek
"Mother Jones Labor Heritage 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.
House Concurrent Resolution No. 3, Naming the bridge that
crosses the Capon River on Route 259 at Yellow Spring, Hampshire
County, the "Kenneth Seldon 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.
House Concurrent Resolution No. 11, Naming the bridge located
on Route 85, Kopperston Road, Wyoming County, West Virginia, the
"Wavel Wayne Powell 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.
House Concurrent Resolution No. 15, Naming the bridge located
between Lillyhaven and Lillydale in Wyoming County, West Virginia,
the "Roger Gene Craig 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.
House Concurrent Resolution No. 16, Renaming the entire
portion of the West Virginia King Coal Highway, the intersection of
I-73/74 and the Coalfield Expressway and the intersection of
I-73/74 and Route 123.
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.
House Concurrent Resolution No. 18, Naming the new bridge on
Winchester Street which crosses the CSX Railroad in Paw Paw, Morgan
County, West Virginia, the "PFC Ray W. Stotler Memorial 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.
House Concurrent Resolution No. 19, Naming the new bridge on
Route 9 which crosses the CSX Railroad in Paw Paw, Morgan County,
West Virginia, the "The American Legion 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.
House Concurrent Resolution No. 20, Erecting a road sign on state route 61 near Beardsfork Hollow, Fayette County, West
Virginia, honoring Walter "Mike" South former President of the
Black Lung Association.
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.
House Concurrent Resolution No. 23, Naming the new bridge on
Moran Avenue approaching downtown Mullens, Wyoming County, the "Ray
Toler Memorial 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.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 95, Increasing length and width for
certain 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,
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)--32.
The nays were: None.
Absent: Guills and Snyder--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 95) 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. 354, Relating to operating
or attempting to operate clandestine drug laboratory; penalty.
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,
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)--32.
The nays were: None.
Absent: Guills and Snyder--2.
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. 354) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2003.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
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)--32.
The nays were: None.
Absent: Guills and Snyder--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 354) takes effect July 1, 2003.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 357, Relating to standard nonforfeiture
law for individual deferred annuities.
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,
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)--32.
The nays were: None.
Absent: Guills and Snyder--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 357) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2003.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
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)--32.
The nays were: None.
Absent: Guills and Snyder--2.
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. 357) takes effect July 1, 2003.
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. 370, Allowing certain
vehicle auxiliary lighting devices when vehicle used off road.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's third reading calendar.
Eng. Senate Bill No. 635, Clarifying foster care services in
relation to behavioral health.
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,
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)--32.
The nays were: None.
Absent: Guills and Snyder--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 635) 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,
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)--32.
The nays were: None.
Absent: Guills and Snyder--2.
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. 635) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 636, Exempting competitive bidding
requirement for commodities and services by nonprofit workshops.
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,
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)--32.
The nays were: None.
Absent: Guills and Snyder--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 636) 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,
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)--32.
The nays were: None.
Absent: Guills and Snyder--2.
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. 636) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 2763, Allowing original equipment mounted
auxiliary lighting devices for use only when the vehicle is used
off road.
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,
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)--32.
The nays were: None.
Absent: Guills and Snyder--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2763) passed.
On motion of Senator Ross, the following amendment to the
title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. House Bill No. 2763--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 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.
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,
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)--32.
The nays were: None.
Absent: Guills and Snyder--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2763) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The end of today's third reading calendar having been reached,
the Senate returned to the consideration of
Eng. Com. Sub. for Senate Bill No. 370, Allowing certain
vehicle auxiliary lighting devices when vehicle used off road.
On third reading, coming up in deferred order, was again
reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Transportation.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
The Senate proceeded to the ninth order of business.
Senate Bill No. 76, Increasing amount from consolidated fund
as loan to economic development authority.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section nine-e, line fourteen, by striking out
the word "hereinafter";
On page two, section nine-e, line fourteen, after the word
"provided" by inserting the words "in this section";
On page five, section nine-e, line seventy-seven, by striking
out the word "shall";
On page seven, section nine-e, line one hundred four, by
striking out the word "thereunder" and inserting in lieu thereof
the words "under the loan";
On page seven, section nine-e, line one hundred five, by
striking out the words "as may be";
On page seven, section nine-e, line one hundred twenty-four,
after the word "year" by changing the comma to a period;
On page eight, section nine-e, line one hundred twenty-five,
by striking out the word "which" and inserting in lieu thereof the
word "The";
On page eight, section nine-e, line one hundred twenty-seven,
by striking out the words "as may be";
On page eight, section nine-e, line one hundred twenty-nine,
after the word "authority" by changing the comma to a period,
striking out the words "and which" and inserting in lieu thereof the word "The";
On page eight, section nine-e, line one hundred forty-five, by
striking out the word "thereof" and inserting in lieu thereof the
words "of the loan";
And,
On page ten, section nine-e, line one hundred seventy, by
striking out the word "such".
The bill (S. B. No. 76), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 90, Increasing number of sales by certain
volunteer groups that are exempt from consumers sales tax.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 112, Allowing farm wineries to manufacture,
serve and sell certain wines.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page four, section two, line thirteen, after the word "and"
by inserting a comma and the words "except as provided in section
five-a, article one of this chapter,".
The bill (S. B. No. 112), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 180, Providing for school
construction on cash basis.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 193, Relating to required registration with
commissioner of banking for certain persons.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Banking and Insurance, was reported by the Clerk and adopted:
On page two, section one hundred fifteen, line twenty-four, by
striking out the words "four hundred" and inserting in lieu thereof
the words "one hundred fifty".
The following amendments to the bill, from the Committee on
Finance, were next reported by the Clerk, considered
simultaneously, and adopted:
On page two, section one hundred fifteen, line eleven, by
striking out the word "such" and inserting in lieu thereof the word
"the";
On page two, section one hundred fifteen, line twenty-seven,
by striking out the word "Name" and inserting in lieu thereof the
words "The name";
On page three, section one hundred fifteen, line twenty-eight,
by striking out the word "Name" and inserting in lieu thereof the words "The name";
On page three, section one hundred fifteen, line thirty, by
striking out the words "Address of" and inserting in lieu thereof
the words "The address of the";
On page three, section one hundred fifteen, line thirty-two,
by striking out the word "Address" and inserting in lieu thereof
the words "The address";
On page three, section one hundred fifteen, line forty-three,
by striking out the words "Address of" and inserting in lieu
thereof the words "The address of the";
On page three, section one hundred fifteen, line forty-seven,
by striking out the word "must" and inserting in lieu thereof the
word "shall";
And,
On page three, section one hundred fifteen, line fifty-one, by
striking out the word "so" and inserting in lieu thereof the word
"as".
The bill (S. B. No. 193), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 403, Relating to payment in lieu of property
tax agreements generally.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page four, section nine-a, line thirty-eight, by striking
out the words "such form as may be" and inserting in lieu thereof
the words "the form";
On page five, section nine-a, line fifty, by striking out the
word "such" and inserting in lieu thereof the word "the";
On page five, section nine-a, line fifty-five, by striking out
the word "such" and inserting in lieu thereof the word "the";
On page seven, section nine-a, line one hundred two, by
striking out the word "such";
On page seven, section nine-a, line one hundred eleven, by
striking out the words "shall be" and inserting in lieu thereof the
word "is";
On page eight, section nine-a, line one hundred fifteen, by
striking out the word "so";
On page eight, section nine-a, line one hundred sixteen, by
striking out the words "shall apply" and inserting in lieu thereof
the word "applies";
On page eight, section nine-a, line one hundred eighteen,
after the word "thousand" by striking out the word "two" and
inserting in lieu thereof the word "three";
On page eight, section nine-a, line one hundred nineteen, by
striking out the words "shall also apply" and inserting in lieu thereof the words "also applies";
On page eight, section nine-a, line one hundred twenty, by
striking out the word "such" and inserting in lieu thereof the word
"the";
On page eight, section nine-a, line one hundred twenty-one,
after the word "thousand" by striking out the word "two" and
inserting in lieu thereof the word "three";
On page eight, section nine-a, line one hundred twenty-nine,
by striking out the word "two" and inserting in lieu thereof the
word "three";
On page nine, section nine-a, line one hundred forty, by
striking out the words "shall be valued at their" and inserting in
lieu thereof the words "is valued at its";
On page nine, section nine-a, line one hundred forty-eight, by
striking out the words "shall be" and inserting in lieu thereof the
word "is";
On page ten, section nine-a, line one hundred fifty-five, by
striking out the word "shall";
On page eleven, section nine-a, line one hundred eighty-five,
by striking out the word "such" and inserting in lieu thereof the
word "the";
On page eleven, section nine-a, line one hundred eighty-six,
by striking out the word "such" and inserting in lieu thereof the
word "the";
On page eleven, section nine-a, line one hundred eighty-seven,
after the word "all" by striking out the word "of";
On page eleven, section nine-a, line one hundred eighty-eight,
by striking out the word "such" and inserting in lieu thereof the
word "the";
On page eleven, section nine-a, line one hundred eighty-nine,
by striking out the word "such" and inserting in lieu thereof the
word "the";
On page eleven, section nine-a, line one hundred ninety-three,
by striking out the word "such" and inserting in lieu thereof the
word "the";
On page twelve, section nine-a, line two hundred three, by
striking out the word "such" and inserting in lieu thereof the word
"the";
On page twelve, section nine-a, line two hundred six, by
striking out the word "such" and inserting in lieu thereof the word
"the";
On page twelve, section nine-a, line two hundred thirteen, by
striking out the word "such" and inserting in lieu thereof the word
"the";
On page thirteen, section nine-a, line two hundred twenty-
five, by striking out the words "herein defined" and inserting in
lieu thereof the words "defined in this section";
On page thirteen, section nine-a, line two hundred twenty-eight, by striking out the word "such";
On page thirteen, section nine-a, line two hundred thirty, by
striking out the word "such";
On page thirteen, section nine-a, line two hundred thirty-two,
by striking out the word "such" and inserting in lieu thereof the
word "the";
On page thirteen, section nine-a, line two hundred thirty-
seven, by striking out the words "shall be" and inserting in lieu
thereof the word "is";
On page fourteen, section nine-a, line two hundred forty-
three, by striking out the word "such";
On page fourteen, section nine-a, line two hundred forty-four,
by striking out the word "such";
On page fourteen, section nine-a, line two hundred forty-six,
by striking out the words "shall be" and inserting in lieu thereof
the word "is";
On page fourteen, section nine-a, lines two hundred fifty and
two hundred fifty-one, by striking out the words "the making of a"
and inserting in lieu thereof the word "making";
On page fourteen, section nine-a, lines two hundred fifty-
eight and two hundred fifty-nine, after the word "fiduciary" by
inserting a comma, striking out the words "or conservator or" and
inserting in lieu thereof the word "conservator,";
On page sixteen, section nine-a, line two hundred eighty-six, by striking out the words "or to,";
On page eighteen, section nine-a, line three hundred twenty-
five, by striking out the words "shall take" and inserting in lieu
thereof the word "takes";
And,
On page eighteen, section nine-a, line three hundred twenty-
six, by striking out the words "shall apply" and inserting in lieu
thereof the word "applies".
The bill (S. B. No. 403), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 423, Allowing board of examiners
of land surveyors set certain fees by legislative rule.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 477, Relating to transfer of certain fees to
general revenue fund by fire marshal.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section twelve-b, line five, by striking out the
words "shall be" and inserting in lieu thereof the word "is";
On page two, section twelve-b, line ten, by striking out the word "such";
On page two, section twelve-b, line thirteen, by striking out
the word "any" and inserting in lieu thereof the word "no";
On page two, section twelve-b, line thirteen, by striking out
the word "not";
On page two, section twelve-b, line eighteen, by striking out
the word "any" and inserting in lieu thereof the word "no";
On page two, section twelve-b, line nineteen, by striking out
the word "not";
On page three, section twelve-b, line twenty-five, by striking
out the word "any" and inserting in lieu thereof the word "no";
On page three, section twelve-b, line twenty-six, by striking
out the word "not";
On page four, section twelve-b, line fifty-eight, by striking
out the word "shall";
On page four, section twelve-b, line sixty-two, by striking
out the words "the keeping of" and inserting in lieu thereof the
word "keeping";
On page five, section twelve-b, line seventy-six, by striking
out the words "such purposes" and inserting in lieu thereof the
words "purposes such";
On page seven, section twelve-b, line one hundred thirteen, by
striking out the word "marshal" and inserting in lieu thereof the
word "commission";
On page eight, section twelve-b, line one hundred forty-four,
by striking out the word "above" and inserting in lieu thereof the
words "in this section";
On page eight, section twelve-b, line one hundred forty-five,
by striking out the word "shall";
And,
On page nine, section twenty-two, line thirteen, by striking
out the word "so".
The bill (S. B. No. 477), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 558, Establishing County Economic Opportunity
Development District Act.
On second reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Helmick, the bill was referred to the
Committee on Finance.
Senate Bill No. 637, Supplementing, amending, reducing and
increasing items from state road fund to department of
transportation, division of motor vehicles.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 638, Making supplementary appropriation to
department of military affairs and public safety, division of
corrections, parolee supervision fees.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 639, Making supplementary appropriation to
department of transportation, division of motor vehicles, driver's
license reinstatement fund.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 640, Making supplementary appropriation of
federal funds to department of military affairs and public safety,
division of veterans' affairs.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 641, Making supplementary appropriation of
federal funds to department of administration, children's health
insurance agency.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 642, Making supplementary appropriation to
department of health and human resources, division of human
services.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 643, Making supplementary appropriation to
bureau of commerce, division of natural resources.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 644, Making supplementary appropriation of
federal funds to department of military affairs and public safety,
division of corrections.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 645, Making supplementary appropriation of
federal funds to public service commission, motor carrier division.
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.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 51, Setting required and
permitted uses of proceeds from charitable bingo and raffles.
Com. Sub. for Senate Bill No. 136, Exempting mandatory
immunizations for good cause or religious prohibition.
Com. Sub. for Senate Bill No. 387, Increasing time to perfect
liens for certain debts.
Com. Sub. for Senate Bill No. 405, Changing personal care
homes to assisted living residences; extending board.
Senate Bill No. 608, Allowing continuance of summary
certificate of need reviews for proposed behavioral health services.
And,
Senate Bill No. 646, Authorizing centers for economic
development and technology advancement.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Sprouse and Kessler.
The Senate then proceeded to the thirteenth order of business.
At the respective requests of Senators Sprouse and Minear,
unanimous consent being granted, it was ordered that the Journal
show had Senators Sprouse and Minear been present in the chamber on
Friday, February 21, 2003, they would have voted "yea" on the
passage of Engrossed Committee Substitute for House Bill No. 2120.
At the request of Senator Sprouse, and by unanimous consent,
the Senate returned to the sixth order of business.
Petitions
Senator Sprouse presented a petition from Amy Martin and nine
hundred thirty-one West Virginia residents, opposing Senate Bill
No. 79 (Relating to termination of governor's cabinet on children
and families) and House Bill No. 2116 (Terminating the governor's
cabinet on children and families and incorporating certain of its
powers and the children's fund to the department of health and
human resources) and encouraging the Legislature to adopt a study
resolution on the best available options for children and families.
Referred to the Committee on Government Organization.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5:30
p.m. today.