WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
TWENTY-SEVENTH DAY
____________
Charleston, W. Va., Monday, February 9, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Father Patrick McDonough, St. Francis of
Assisi Church, St. Albans, West Virginia.
Pending the reading of the Journal of Friday, February 6,
2004,
On motion of Senator Guills, 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
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 4022, Creating "The
All-Terrain Vehicle Safety Regulation Act".
On motion of Senator Chafin, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of five from each house on the disagreeing votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Kessler, Ross, Oliverio, White and Deem.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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. 4140--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §6B-2-5a, relating to requiring the ethics commission to
establish a code of conduct for state administrative law judges,
including civil penalties and sanctions for violations.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4148--A Bill to amend and
reenact §62-1C-14 of the code of West Virginia, 1931, as amended,
relating to allowing bail bondsperson to deliver offenders to
county and regional jails without bailpiece; setting requirements;
setting forth requirements related to medical treatment of
defendant prior to authorities taking custody pursuant to a
bailpiece; providing for certain immunities from liability; and
providing penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4290--A Bill to amend and reenact §18-2E-
8b of the code of West Virginia, 1931, as amended, relating a
framework to avoid imposition of policies and practices on the
public schools that distract from a thorough and efficient
education; making findings and expressing legislative intent;
requiring fiscal notes on policies, rules and programs affecting
public schools and outlining applicable costs; providing
alternative conditions under which policies, rules and programs may
be adopted and the consequences of such; and providing for audit of
capacity to implement certain past policies, rules and programs and
report of recommendations.
Referred to the Committee on Education.
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. 12--Requesting the West
Virginia Division of Highways to name the newly constructed
concrete bridge on County Road 13 in Saxon, Raleigh County, West
Virginia, the "PFC John Michael Davis Memorial Bridge".
Whereas, John Michael Davis was born on August 21, 1950, and
was raised in Saxon, West Virginia, with his two brothers, Buford
and Edward. He graduated from Trap Hill High School in the summer of 1968; and
Whereas, John Davis chose to serve his country and attempted
to enlist in the United States Army after he graduated from high
school, but he was not heavy enough to meet the weight requirement.
His desire to support and protect his country was so great that on
the way home from the enlistment office, he bought ten pounds of
bananas and ate all of them that evening. The next day, he went
back to attempt to enlist again and this time, he made the weight
requirement; and
Whereas, All three of the Davis brothers served their country
during the Vietnam era, two of the brothers in the Army and one in
the United States Marine Corps; and
Whereas, John Michael Davis became a Private First Class in
the United States Army and was sent into battle in Vietnam in June
of 1969. On August 9, 1969, he received massive injuries during a
combat operation. On August 16, 1969, five days before he would
have turned nineteen, PFC John Michael Davis died from these
wounds; and
Whereas, On November 3, 1969, John Michael Davis received the
Purple Heart. He distinguished himself with "outstanding
meritorious service" and was also awarded the Bronze Star Medal as
"his initiative, zeal, sound judgment and devotion to duty" had
been "in the highest tradition of the United States Army" and
reflected "great credit to himself, his unit and the military
service"; and
Whereas, PFC Davis' courage, fortitude and selflessness should be remembered as he made the ultimate sacrifice while serving his
beloved country; and
Whereas, Naming the bridge on County Road 13 in Saxon, Raleigh
County, after John Michael Davis would be a fitting memorial to him
as he was raised a mile beyond the old wooden bridge that was
replaced with a new concrete one in the fall of 2003. His final
resting place is a mile and a half past this new bridge; and
Whereas, We should never forget all of the valiant men and
women who have risked and still are risking their lives, foregoing
their own freedom and happiness in order to allow us to safely
enjoy our liberty. Their sacrifices 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 bridge on County Road 13 in Saxon,
Raleigh County, West Virginia, the "PFC John Michael Davis Memorial
Bridge"; and, be it
Further Resolved, That the West Virginia Division of Highways
is requested to provide and erect, at either end of the bridge,
signs designating the bridge as the "PFC John Michael Davis
Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this concurrent resolution to
the Secretary of Transportation, the Commissioner of the Division
of Highways and the surviving family members of PFC John Michael
Davis.
Referred to the Committee on Transportation.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Sprouse, Chafin, Ross, Sharpe and McKenzie:
Senate Bill No. 487--A Bill to amend and reenact §15-2-5 of
the code of West Virginia, 1931, as amended, relating to lowering
the number of years in the interval for the state police length of
service adjustments in pay; and increasing the dollar amount of the
length of service adjustment.
Referred to the Committee on Finance.
By Senators Snyder, Tomblin (Mr. President), Rowe and
McKenzie:
Senate Bill No. 488--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-4-2a, relating to creating the "Friends of the
Capitol Foundation" for the express purpose of exploring and
finding ways to obtain funding for maintenance of the state capitol
building and its grounds.
Referred to the Committee on Finance.
By Senators Dempsey, Weeks, Love, Minear, Smith and Harrison:
Senate Bill No. 489--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18A-2-14, relating to prohibiting school employees from
counseling, referring, transporting or assisting any student to obtain an abortion; and providing that nothing in the section may
be construed as approving of abortion.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senator McKenzie:
Senate Bill No. 490--A Bill to amend and reenact §20-2-5 of
the code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §20-2-46n, all relating
to authorizing crossbow hunting for disabled persons.
Referred to the Committee on Natural Resources.
By Senator Minard:
Senate Bill No. 491--
A Bill to amend and reenact §46A-6-102 of
the code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §46A-6-111, all
relating to defining "consumer reporting agency"; and requiring
consumer reporting agencies to notify consumers of negative credit
reports in advance of their release.
Referred to the Committee on the Judiciary.
By Senators Harrison and Smith:
Senate Bill No. 492--A Bill to amend and reenact §11-14-3 of
the code of West Virginia, 1931, as amended; and to amend and
reenact §11-15-9 of said code, all relating to reducing by five
cents the excise tax on all gasoline and special fuel sold in this
state over a five-year period; providing for a graduated
elimination of consumers sales tax on food over a six-year period;
and naming this legislation the "Make West Virginia Competitive Tax Relief Act".
Referred to the Committee on Finance.
By Senators Facemyer and Weeks:
Senate Bill No. 493--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-6-17, relating to public buildings; and encouraging
public officials to prominently display the national motto on all
public property, public buildings and all buildings designed,
constructed and maintained with public funds from the state, a
county or a municipality.
Referred to the Committee on Government Organization.
By Senators Chafin, McCabe, Hunter, Kessler, Facemyer, White,
Snyder, Dempsey and Sprouse:
Senate Bill No. 494--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §33-16E-1, §33-16E-2, §33-16E-3, §33-16E-4, §33-16E-5
and §33-16E-6, all relating to requiring health insurance plans to
cover the cost of contraceptives for its covered people.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
Senators McKenzie, Rowe, Bowman, Sharpe, Ross, Oliverio,
Unger, Minard, Jenkins, Dempsey, Love, Harrison, Smith, Sprouse,
Minear, Hunter, Deem, Weeks, Boley, Guills, Kessler, Plymale,
Helmick, Chafin, Edgell, Prezioso, Snyder, McCabe, Caldwell, White,
Fanning and Tomblin (Mr. President) offered the following
resolution:
Senate Concurrent Resolution No. 31--
Requesting the Governor
designate Saturday, April 24, 2004, and the last Saturday of April
of each succeeding year, as "Local Firefighters Day" in honor,
recognition and appreciation of all local firefighters in West
Virginia.
Whereas, Local firefighters are first responders to calls for
help in a wide variety of emergencies ranging from floods, fires,
snowstorms, wrecks and hazardous materials spills to lost children
and beloved pets in need of rescue; and
Whereas, Local firefighters endure long hours of arduous work
and training to provide services which are vital to the health,
welfare and safety of all the state's citizens; and
Whereas, During emergencies in the state, firefighters
frequently risk their lives to protect the lives and property of
their fellow citizens; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Governor designate
Saturday, April 24, 2004, and the last Saturday of April of each
succeeding year, as "Local Firefighters Day" in honor, recognition
and appreciation of all local firefighters in West Virginia; and,
be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Governor, Gary
Bonnett, President of the West Virginia State Fire Chiefs
Association, and members of the press.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President), Plymale, Bailey, Bowman,
Caldwell, Chafin, Dempsey, Edgell, Fanning, Helmick, Hunter,
Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Prezioso, Ross,
Rowe, Sharpe, Snyder, Unger, White and McKenzie offered the
following resolution:
Senate Concurrent Resolution No. 32--
Requesting West
Virginia's congressional delegation support certain amendments to
and funding for the No Child Left Behind Act (NCLB) and the
Individuals with Disabilities Education Act (IDEA).
Whereas, IDEA is a federal law that was first enacted in 1975
and NCLB is federal legislation signed into law on January 8, 2002;
and
Whereas, Neither federal act has been funded by the federal
government; and
Whereas, Under IDEA, goals and objectives for IDEA-eligible
students with disabilities are set in their individualized
education plan (IEP); and
Whereas, Under NCLB, IDEA-eligible students with disabilities
are tested against the same academic standards as other students.
If any subgroup of students in a school does not meet adequate
yearly progress (AYP) for two consecutive years, the school must
offer school choice to all students at the school. Sanctions would
apply to a school that has any subgroup fail to meet AYP in any
indicator in year one and has any subgroup fail to meet AYP in any
indicator in year two. This means that the failure to meet AYP in
consecutive years does not have to be by the same subgroup in a school or in the same indicator in order for the sanction to apply.
A school can fail to make adequate yearly progress solely because
a subgroup does not meet the 95 percent test participation
requirement; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests West Virginia's
congressional delegation support certain amendments to and funding
for the No Child Left Behind Act (NCLB) and the Individuals with
Disabilities Education Act (IDEA); and, be it
Further Resolved, That the Legislature also requests that West
Virginia's congressional delegation support:
(1) Full federal funding for both NCLB and IDEA;
(2) A grade-level equivalent form of assessment for IDEA-
eligible students with disabilities in order to resolve the
inconsistency between the two acts;
(3) Limiting school choice to the subgroup or subgroups that
do not meet adequate yearly progress;
(4) Requiring sanctions to apply to schools, or to subgroups
within schools, only when the same subgroup fails to meet AYP in
the same indicator in consecutive years; and
(5) Elimination of the penalties on schools who have not met
AYP solely because a subgroup does not meet the 95 percent test
participation requirement; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to West Virginia's
congressional delegation.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put.
Following discussion,
The question being on the adoption of the resolution (S. C. R.
No. 32), 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.
Thereafter, at the request of Senator Bowman, and by unanimous
consent, the remarks by Senator Plymale as to the adoption of
Senate Concurrent Resolution No. 32 were ordered printed in the
Appendix to the Journal.
At the request of Senator Sharpe, unanimous consent being
granted, the Senate returned to the second order of business and
the introduction of guests.
The Senate again proceeded to the sixth order of business,
which agenda includes the making of main motions.
On motion of Senator Chafin, the Senate requested the return
from the House of Delegates of
Senate Concurrent Resolution No. 32, Requesting West
Virginia's congressional delegation to support amendments to and
funding for No Child Left Behind Act and Individuals with
Disabilities Education Act.
Adopted by the Senate in prior proceedings today.
The resolution still being in the possession of the Senate,
On motion of Senator Chafin, the Senate reconsidered the vote
as to the adoption of the resolution.
The question again being on the adoption of the resolution,
and on this question, Senator Chafin demanded the yeas and nays.
To which demand, Senator Sprouse objected.
Thereafter, Senator Chafin's demand was sustained.
The question being on the adoption of the resolution.
Senator Facemyer requested unanimous consent that further
consideration of the resolution be placed under unfinished business
for tomorrow, Tuesday, February 10, 2004.
Which consent was not granted, Senator Plymale objecting.
Senator Facemyer then moved that further consideration of the
resolution be placed under unfinished business for tomorrow,
Tuesday, February 10, 2004, and on this question, Senator Sprouse
demanded the yeas and nays.
The roll being taken, the yeas were: Boley, Deem, Facemyer,
Guills, Harrison, McKenzie, Minear, Rowe, Smith, Sprouse and
Weeks--11.
The nays were: Bowman, Caldwell, Chafin, Dempsey, Edgell,
Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard,
Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Unger, White and
Tomblin (Mr. President)--22.
Absent: Bailey--1.
So, a majority of those present and voting not having voted in
the affirmative, the President declared Senator Facemyer's aforementioned motion rejected.
The question now being on the adoption of the resolution.
Following discussion,
Senator Minard then moved the previous question, which motion
prevailed.
The previous question having been ordered, that being on the
adoption of Senate Concurrent Resolution No. 32.
The roll being taken, the yeas were: Bowman, Caldwell,
Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio,
Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger,
White and Tomblin (Mr. President)--27.
The nays were: Boley, Deem, Harrison, Minear, Smith and
Weeks--6.
Absent: Bailey--1.
So, a majority of those present and voting having voted in the
affirmative, the President declared the resolution (S. C. R. No.
32) adopted.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senators Kessler, Edgell, Sharpe, Tomblin (Mr. President),
Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Smith, Snyder, Sprouse, Unger, Weeks and White offered the
following resolution:
Senate Resolution No. 10--
Memorializing the life of the
Honorable C. Richard Montgomery, former member of the West Virginia
Senate, dedicated public servant and distinguished West Virginian.
Whereas, C. Richard Montgomery was born May 23, 1926, at
Clarksburg, Harrison County, the son of Carl F. and Mildred
(Leonard) Montgomery. He received his education in public schools,
Salem College and West Virginia University; and
Whereas, C. Richard Montgomery served his nation with pride
and distinction in the United States Navy during World War II; and
Whereas, A technical assistant for Union Carbide Corporation,
C. Richard Montgomery was a former president of the Wetzel County
Young Democrats Club and a former member of the State Young
Democrats Executive Committee; and
Whereas, In 1964, the Honorable C. Richard Montgomery began
his public service to the citizens of West Virginia with his
election to the West Virginia Senate from the 2nd Senatorial
District; and
Whereas, During his tenure as a member of the Senate, the
Honorable C. Richard Montgomery served as Chair of the Senate
Committee on the Penitentiary, Vice Chair of the Committee on
Aeronautics and as a member of the Senate Committees on Federal
Relations, Finance, Labor, Medicine and Sanitation, Public
Buildings and Humane Institutions, and Roads and Navigation; and
Whereas, After leaving the Senate, the Honorable C. Richard
Montgomery moved to Fort Lauderdale, Florida, to help care for his
aging parents. Again, he became active in public service, serving as Director of Planning and Community Development for the City of
Fort Lauderdale; and
Whereas, In 1985, the Honorable C. Richard Montgomery retired
from his employment in Florida and later moved to Louisville, Ohio;
and
Whereas, Sadly, on December 29, 2003, the life of the
Honorable C. Richard Montgomery came to an end, leaving behind his
loving wife, Patsy (Watson) Montgomery; three daughters, Ricki,
Konnie and Denise; five sons, Rick Butler, Ron Alley, Randy Alley,
Rodger Alley and Bob Alley; and sister, Midge Blair; therefore, be
it
Resolved by the Senate:
That the Senate hereby memorializes the life of the Honorable
C. Richard Montgomery, former member of the West Virginia Senate,
dedicated public servant and distinguished West Virginian; and, be
it
Further Resolved, That the Senate hereby extends its sincere
sympathy to the family and friends of the Honorable C. Richard
Montgomery; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the family of the late Honorable C.
Richard Montgomery.
At the request of Senator Kessler, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Unger, Snyder, Helmick, Ross and Sharpe offered the
following resolution:
Senate Resolution No. 11--
Recognizing Leadership Berkeley for
its service, dedication and commitment to Berkeley County.
Whereas, The objective of Leadership Berkeley is to promote
knowledge and awareness of the problems, opportunities and issues
facing Berkeley County; and
Whereas, Leadership Berkeley is designed to provide a series
of educational and participatory experiences, as well as an
opportunity for dialogue and the development of a correlation among
participants in order to encourage local participation in the
growth of Berkeley County; and
Whereas, The membership of Leadership Berkeley includes
individuals from nearly every facet of Berkeley County's business,
professional, religious, governmental, educational, civic, the
arts, organized labor and minority organizations who demonstrate a
commitment to the community; and
Whereas, The 2003-2004 membership of Leadership Berkeley
consists of Mark Andrews, Essroc Cement; Penelope Blake, Veterans
Medical Center; Jeffrey Boehm, Shockey Management Company;
Constance Brewer, CoxHollida; Mary Creel, Veterans Medical Center;
Nancy Hamilton, Veterans Medical Center; Pastor Carl Hickerson,
Destiny Baptist Church; Kimberly Hough, Berkeley County Schools; Douglas Hovatter, West Virginia University Extension Service;
Christopher Luttrell, Bowles Rice McDavid Graff and Love, PLLC;
Heidi Silver-Myers, Martin and Siebert; Cynthia Oates,
Communications Initiatives; Craig Potter, Panhandle Home Health;
Charlotte Sherman, Re/Max Enterprises; Ann Shipway, Community and
Technical College of Shepherd; Melba Thorne, Citizens National
Bank; and Margaret Ways, Community and Technical College of
Shepherd; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Leadership Berkeley for its
service, dedication and commitment to Berkeley County; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of
Leadership Berkeley.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, returned
to the fourth order of business.
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. 33 (originating in the Committee on Transportation)--Urging, within three years from the
date of this resolution, manufacturers and dealers of all-terrain
vehicles design, test and offer roll bars as optional equipment on
every all-terrain vehicle sold in West Virginia.
Whereas, This legislative body is concerned first and foremost
with the health and safety of every all-terrain vehicle rider in
the state; and
Whereas, All-terrain vehicles equipped with roll bars are a
significant safety improvement over all-terrain vehicles which do
not have such equipment; and
Whereas, It is important that every all-terrain vehicle rider,
but especially the parents of children who will be riding all-
terrain vehicles, have access to the latest and most up-to-date
safety equipment available so that this popular pastime may be
enjoyed safely and with fewer injuries; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges, within three years from the
date of this resolution, manufacturers and dealers of all-terrain
vehicles design, test and offer roll bars as optional equipment on
every all-terrain vehicle sold in West Virginia; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation for distribution to all-terrain
vehicle manufacturers and dealers.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Mike Ross,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 27, Requesting Division of
Highways name bridge on Route 49 at Matewan "Michael S. Justice
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation.
Senate Concurrent Resolution No. 28, Requesting Division of
Highways rename connection of Route 73 between Fountain Place Mall
and Mt. Gay "West Virginia POW-MIA Highway".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation.
Senate Concurrent Resolution No. 29, Requesting Division of
Highways name bridge on Route 60 crossing Four Pole Creek "Colonel
Justice M. Chambers Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation.
Senate Concurrent Resolution No. 30, Designating September 12
"Monarch Butterfly Day".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Government Organization.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 318, Relating to good time for inmates of
correctional institutions.
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: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 318) 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. 319, Relating to centers for housing
young adult offenders.
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: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 319) 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. 406, Relating to victim notification of
defendant's release.
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: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 406) 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. 448, Relating to higher education
advisory boards generally.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Sharpe, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Senate Bill No. 449, Relating to elections generally.
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: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 449) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Bailey--1.
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. 449) 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. 4020, Protecting personal information
maintained by the state from inappropriate disclosure.
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: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4020) passed.
At the request of Senator Kessler, as chair of the Committee on the Judiciary, and by unanimous consent, the unreported
Judiciary committee amendment to the title of the bill was
withdrawn.
On motion of Senator Kessler, 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. 4020--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §5A-8-21 and §5A-8-22, all relating to limiting
disclosure of personal information maintained by the legislative,
judicial or executive agencies of the state of West Virginia
relating to state employees due to their state employment; and
creating lesser restrictions on information maintained by executive
branch agencies on citizens generally.
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. 52, Allowing motorcycle
registration plates to be fastened in vertical position.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 181, Permitting retired state
police to carry concealed weapon for life.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 208, Allowing state police to
engage in certain political activities while off duty and out of
uniform.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Chafin, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Com. Sub. for Senate Bill No. 404, Clarifying term "behavioral
health services"; removing "community care services".
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 469, Continuing interstate commission on
uniform state laws.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 470, Continuing real estate appraiser
licensing and certification board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 471, Continuing state board of risk and
insurance management.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Senate Bill No. 428, Defining "transacting insurance".
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. House Bill No. 4131, Requiring certain reporting to the
legislative oversight commission on workforce investment for
economic development.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Harrison, Bowman, Rowe, Deem,
Weeks, Boley, Hunter, McKenzie, Prezioso, Plymale, Sprouse, Unger,
Ross and Smith.
Thereafter, at the request of Senator Deem, and by unanimous
consent, the remarks by Senator Harrison were ordered printed in
the Appendix to the Journal.
At the request of Senator Sprouse, unanimous consent being
granted, the remarks by Senator Boley were ordered printed in the
Appendix to the Journal.
At the request of Senator Weeks, and by unanimous consent, the
remarks by Senator Sprouse were ordered printed in the Appendix to
the Journal.
Senator Prezioso requested unanimous consent that the remarks
by Senator Bowman be ordered printed in the Appendix to the
Journal.
Which consent was not granted, Senator Deem objecting.
On motion of Senator Prezioso, the remarks by Senator Bowman
were ordered printed in the Appendix to the Journal.
At the request of Senator Sharpe, and by unanimous consent,
the remarks by Senators Ross and Smith were ordered printed in the
Appendix to the Journal.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Bailey.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, February 10, 2004, at 11 a.m.
____________