WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
THIRTY-SIXTH DAY
____________
Charleston, W. Va., Wednesday, February 12, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Homer H. Davis, Retired
United Methodist Clergy, Charleston, West Virginia.
Pending the reading of the Journal of Tuesday, February 11,
2003,
On motion of Senator Ross, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
Senator Sharpe called attention to today being the birthday of
Henry D. Winnell, Administrative Assistant to the Clerk, and on
behalf of the Senate extended felicitations and good wishes to
Henry D. Winnell, with Senator Sharpe leading the members in
singing "Happy Birthday".
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of
conference of five from each house on the disagreeing votes of the
two houses, as to
Eng. Com. Sub. for House Bill No. 2122, Relating to medical
professional liability generally.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Amores, Craig, Mahan, Kominar and Armstead.
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. 2266--A Bill to amend and
reenact section three, article ten, chapter fifteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to cooperation between law-enforcement agencies generally;
and including the state fire marshal and deputy and assistant fire
marshals within the definition of criminal justice enforcement
personnel for the purpose of authorizing the state fire marshal and
deputy and assistant fire marshals to cooperate and assist other
law-enforcement agencies.
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. Com. Sub. for House Bill No. 2281--A Bill to amend and
reenact section one-d, article one, chapter eighteen-b of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to raising the allowable earnings limit of higher
education personnel who retired under the severance plan; and
setting forth an external standard to govern this limit.
Referred to the Committee on Education; then 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, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2383--A Bill to amend and reenact section
two, article three, chapter eighteen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to teacher certification generally; requiring the state
department of education to present a comprehensive teacher
certification plan to the legislative oversight commission on
education accountability prior to the first day of July, two
thousand three; prohibiting requirement of student-teaching for
certain different specialization or subject area; and providing
that county boards of education are responsible for certifying
teachers if the commission does not adopt the state plan by the
first day of January, two thousand five.
Referred to the Committee on Education.
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. 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 original
equipment roof-mounted light bar lighting devices on motor vehicles
when used off road; and requiring that the devices be turned off
and covered when the motor vehicle is operated on a road or
highway.
Referred to the Committee on Transportation.
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. 2888--A Bill to amend article fourteen,
chapter thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section sixteen, relating to continuation of the board
of osteopathy.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2889--A Bill to amend article twenty-one,
chapter thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section sixteen, relating to continuation of the board
of examiners of psychologists.
Referred to the Committee on Government Organization.
Executive Communications
The following communication from His Excellency, the Governor,
was reported by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
February 11, 2003
Senate Executive Message No. 4
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
The following amends and replaces the "Lottery Fund -
Statement of Revenues, Expenditures and Changes in Cash Balance"
which I submitted to you on January 8, 2003, as part of my
Executive Budget Document for the fiscal year ending June 30, 2004:
Lottery Fund
Statement of Revenues, Expenditures and Changes in Cash Balance
(Expressed in Thousands)
Surplus Balance July 1, 2002 $ 76,776
PLUS: Revenue Estimate FY 2003 169,000
Estimated Balance $ 245,776
LESS: Regular Appropriations FY 2003 $ 182,082
Supplemental Appropriation (SB 3006) FY 2003 18,628
Reserve for Cash Flow/Contingencies _______ 43,500__________ (244,210)
Estimated Balance - June 30, 2003 $ 1,566
PLUS: Revenue Estimate FY 2004 __ 170,100
Estimated Balance $ 171,666
LESS: Recommended Appropriations FY 2004
Development Office - Division of Tourism $ 11,720
Division of Natural Resources 3,125
Department of Education 36,368
School Building Authority 18,000
Education and the Arts - Office of the Secretary 3,469
Education and the Arts - Division of Culture and History 4,628
Education and the Arts - Educational Broadcasting Authority 423
Education and the Arts - Library Commission 9,374
Higher Education Policy Commission 37,222we3
Bureau of Senior Services 37,271
Education, Arts, Sciences and Tourism Debt Service Fund ________ 10,000__________ (171,600)
Estimated Balance - June 30, 2004 $__66
Please amend the Budget Bill submitted by me on January 8,
2003, for Fiscal Year 2004 to read as follows:
TITLE II--APPROPRIATIONS.
Sec. 4. Appropriations from lottery net profits.
Page 130
228--Bureau of Senior Services--
Lottery Senior Citizens Fund
(WV Code Chapter 29)
Fund 5405 FY 2004 Org 0508
1 Local Programs Service Delivery
2 Costs 200 $ 2,475,250
3 In-Home Services for Senior
4 Citizens 224 700,000
5 Nutrition Services for the Elderly 337 700,000
6 Senior Citizens Centers and
7 Programs (R) 462 4,500,000
8 Direct Services 481 2,800,000
9 Transfer to Division of Human
10 Services for Health Care and Title
11 XIX Waiver for Senior Citizens 539 13,000,000
12 Senior Services Medicaid Transfer 871 10,300,000
13 Legislative Initiatives for the
14 Elderly 904 2,700,000
15 Long-Term Care Ombudsman 905 ________ 96,000
16 Total $ 37,271,250
The purpose of this Executive Message is to adjust the
recommendation for the Bureau of Senior Services--Lottery Senior
Citizens Fund--Senior Citizens Centers and Programs by increasing
the recommended appropriation by $1,500,000.
Thank you for your cooperation in this matter.
Sincerely,
Bob Wise,
Governor.
In compliance with Article VI, Section 51 of the Constitution,
the Senate consented to receive the foregoing amendments to the
Budget Bill, which were referred to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 56, Prohibiting certain insurers to require
persons under contract to use mail-order pharmacy.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 56 (originating in the Committee
on Banking and Insurance)--A Bill to amend article sixteen, chapter
thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section three-q; to amend article twenty-four of said
chapter by adding thereto a new section, designated section seven-
h; to amend article twenty-five of said chapter by adding thereto
a new section, designated section eight-f; and to amend article
twenty-five-a of said chapter by adding thereto a new section,
designated section eight-g, all relating generally to group
accident and sickness insurance, hospital service corporations,
medical service corporations, dental service corporations, health
service corporations, health care corporations and health
maintenance organizations; and prohibiting certain contracts of
insurance from requiring subscribers to obtain prescription drugs
from a mail-order pharmacy in order to obtain benefits for drugs.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 226, Authorizing department of administration
to promulgate legislative rule relating to general administration
of records management and preservation.
Senate Bill No. 227, Authorizing department of administration to promulgate legislative rule relating to records retention and
disposal scheduling.
Senate Bill No. 228, Authorizing department of administration
to promulgate legislative rule relating to management of records
maintained by records center.
Senate Bill No. 229, Authorizing department of administration
to promulgate legislative rule relating to technology access for
visually impaired.
And,
Senate Bill No. 230, Authorizing department of administration
to promulgate legislative rule relating to parking.
And reports the same back with the recommendation that they
each do pass; but under the original triple committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references,
were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 233, Authorizing auditor to promulgate
legislative rule relating to standards for requisitions for payment issued by state officers on auditor.
Senate Bill No. 268, Authorizing board of funeral service
examiners to promulgate legislative rule relating to crematory
requirements.
And,
Senate Bill No. 308, Authorizing division of motor vehicles to
promulgate legislative rule relating to examination and issuance of
driver's licenses.
And reports the same back with the recommendation that they
each do pass; but under the original triple committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references,
were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 317, Authorizing nursing home administrators
licensing board to promulgate legislative rule relating to nursing
home administrators.
And,
Senate Bill No. 334, Authorizing board of veterinary medicine to promulgate legislative rule relating to schedule of fees.
And reports the same back with the recommendation that they
each do pass; but under the original triple committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references,
were then referred to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 338, Establishing medicaid buy-in program for
certain individuals with disabilities.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from the Committee on Health and Human Resources pending.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 400, Allowing insurance commissioner to
disclose confidential information in certain cases.
Senate Bill No. 485, Authorizing insurance commissioner to
enter into certain agreements and compromises.
And,
Senate Bill No. 488, Establishing minimum surplus for farmers'
mutual fire insurance companies.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee references of the bills contained in the foregoing
report from the Committee on Banking and Insurance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 425, Authorizing higher education policy
commission participate in retirement and separation incentives.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 425 (originating in the
Committee on Education)--A Bill to amend and reenact section one-d,
article one, chapter eighteen-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
authorizing the higher education policy commission to participate
in retirement and separation incentives.
With the recommendation that the committee substitute do pass;
but under the original triple committee reference first be referred
to the Committee on Pensions; and then to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 425), under the original
triple committee reference, was referred to the Committee on
Pensions; and then to the Committee on Finance.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 484, Making title insurance subject to rate
filings.
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,
Joseph M. Minard,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Banking and Insurance.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 486, Requiring certified public accountant
notify insurer's board or audit committee of adverse financial
condition.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2120, Relating to workers'
compensation generally.
And has amended same.
And reports the same back without recommendation as to
passage; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2120) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance, with amendments from
the Committee on the Judiciary pending.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senator Edgell:
Senate Bill No. 493--
A Bill to amend and reenact section four,
article one, chapter nineteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to duties of
the commissioner of agriculture; and eliminating administrative
duties on state rural development council.
Referred to the Committee on Agriculture; and then to the
Committee on Government Organization.
By Senators Hunter, Unger, Oliverio, Caldwell, Minard,
Dempsey, Kessler, Weeks, Rowe, McCabe, Bowman, Prezioso, White,
Love, Jenkins, Boley, Deem, Sharpe, Plymale, Helmick, Edgell,
Chafin, Bailey, Fanning, Ross, Smith, Minear, Facemyer, Guills and
Tomblin (Mr. President):
Senate Bill No. 494--
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 and veterans or their survivors
concerning fees for setting United States department of veterans'
affairs grave markers 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.
Referred to the Committee on Military; and then to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 495--
A Bill to amend and reenact section
eight, article one, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to elections
and nominating procedures.
Referred to the Committee on the Judiciary.
By Senator Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 496--
A Bill to amend and reenact section two,
article nine, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend and reenact
sections three and fourteen, article ten of said chapter; to amend
article fourteen of said chapter by adding thereto a new section,
designated section thirty-one; to amend and reenact sections two,
three, five, nine and eleven, article fourteen-a of said chapter;
to amend and reenact section two, article fourteen-b of said
chapter; to further amend said chapter by adding thereto a new
article, designated article fourteen-c; to amend and reenact
section eighteen, article fifteen of said chapter; to further amend
said article by adding thereto a new section, designated section
eighteen-b; to amend and reenact section thirteen, article fifteen-
a of said chapter; and to further amend said article by adding
thereto a new section, designated section thirteen-a, all relating generally to the levy, collection and administration of West
Virginia motor fuels excise tax; making tax crimes and penalties
act applicable to West Virginia motor fuels excise tax as of
specified date; making West Virginia tax procedure and
administration act applicable to West Virginia motor fuels excise
tax effective as of specified date; applying overpayments, credits
and refunds to West Virginia motor fuels excise tax effective as of
effective date; replacing gasoline and special fuel excise tax with
motor fuels excise tax as of specified date, after which gasoline
and special fuel excise tax is repealed; defining certain motor
carrier road tax terms; requiring motor carrier road tax to be
equal to the motor fuels excise tax; changing frequency for filing
motor carrier road tax reports; providing credit against motor
carrier road tax for payment of motor fuels excise tax; authorizing
refunds of the motor fuels excise tax; defining certain terms in
interstate fuel tax agreement; enacting motor fuels excise tax;
defining terms; authorizing promulgation of rules and forms;
authorizing exchange of information; levying motor fuels excise
tax; establishing rate of motor fuels excise tax; establishing
points at which the tax is imposed; imposing tax on unaccounted-for
motor fuel losses; imposing back-up tax on taxable use of untaxed
fuel; establishing exemptions from tax; designating persons to be
licensed; establishing license application procedure; authorizing
permissive supplier to collect tax; establishing bond requirements; grounds for issuance and for denial of license; requiring notice of
discontinuance of business; permitting license cancellation under
certain circumstances; records of license applicants and licensees;
specifying when tax returns and tax payments are due; requiring
remittance of tax by suppliers and permissive suppliers; notice of
cancellation and reissuance of license; information required on tax
return; specifying deductions and discounts allowed to suppliers
and permissive suppliers; specifying duties of suppliers and
permissive suppliers as trustee; requiring returns and allowing
discounts to importers; requiring information returns by terminal
operators; requiring information returns by motor fuel
transporters; requiring return by exporters; identifying
information required on returns; authorizing refund of taxes
erroneously collected or for gallonage exported or lost through
casualty or evaporation; providing method for claiming and paying
refunds; incorporating provisions of tax crimes and penalties act
and West Virginia tax procedure and administration act into motor
fuels excise tax; specifying information required on shipping
documents; requiring import confirmation number; prohibiting
improper sale or use of untaxed motor fuels; providing remedy for
refusal to allow inspection or taking of fuel sample; prohibiting
engaging in business without a license; prohibiting certain persons
from obtaining license; providing civil remedy for filing false
returns and for failure to file returns; providing criminal penalties for willful commission of prohibited acts; imposing
penalties for unlawful importing, transportation, delivery, storage
or sale of motor fuel; providing for enforcement of assessment;
imposing record-keeping requirements; providing for inspection of
records; providing for authority to inspect; specifying marking
requirements for dyed diesel fuel storage facilities; providing for
disposition of tax collected; specifying that sections pertaining
to sales and use taxes on gasoline and special fuel are, after a
specified date, repealed and replaced by new sections continuing
sales and use taxes on motor fuel and harmonizing these taxes with
new motor fuels excise tax; and directing House clerk to remove
repealed code sections from his or her books after a specified
date.
Referred to the Committee on Finance.
By Senators White and Hunter:
Senate Bill No. 497--
A Bill to amend and reenact sections one,
two, four, five, eight, eleven, twelve, fifteen, nineteen and
twenty, article five, chapter twenty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating to commercial prisons; setting forth legislative findings;
requiring commissioner of corrections to develop certain plans;
requiring the commissioner to annually make recommendations whether
to continue prison vendors' contracts; providing that the secretary
of the department of military affairs and public safety may renew prison vendor contracts annually; providing for certain
restrictions concerning offender characteristics relative to the
kinds of offenders that may be incarcerated in commercial
facilities; reducing the amount of time that a contractor has to
abate a violation; prescribing the number of commissioner's
representatives that may be employed at each commercial facility
for monitoring purposes; increasing bonding requirements for
contractors; requiring background checks for employees at
commercial facilities; and requiring contractors to be responsible
for certain costs.
Referred to the Committee on Government Organization; and then
to the committee on the Judiciary.
By Senators Edgell, Kessler, Prezioso, Rowe, Caldwell and
Bowman:
Senate Bill No. 498--
A Bill to amend article four, chapter
eighteen-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section two-b, relating to creating the equitable compensation act;
and establishing a state minimum salary supplement for professional
personnel holding a nationally recognized professional
certification.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Smith and Weeks:
Senate Bill No. 499--
A Bill to amend article forty-two,
chapter thirty-three of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new
section, designated section nine, relating to prohibiting the
performance of any abortion when the woman seeking it is doing so
solely on account of the gender of the fetus; and prescribing a
criminal penalty for violations of the section.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Smith and Weeks:
Senate Bill No. 500--
A Bill to amend article forty-two,
chapter thirty-three of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new
section, designated section nine, relating to requiring all
abortions performed during the second or third trimester be
performed in a hospital; and providing criminal penalties for
violations.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Snyder, Jenkins, Ross, Deem, Minard, Boley,
Guills, Bailey, Edgell, Unger, Sharpe, Facemyer, Sprouse, Dempsey,
Fanning, Love, Prezioso, Minear, Helmick, Smith, Weeks, McKenzie
and Plymale:
Senate Bill No. 501--
A Bill to amend and reenact section three, article eleven, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to exempting insurers, their agents and employees, in the
absence of contract, from this section.
Referred to the Committee on Banking and Insurance; and then
to the Judiciary.
By Senators Rowe, Hunter, White and Fanning:
Senate Bill No. 502--
A Bill to amend article twenty-b, chapter
thirty-three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section eight-a, relating to establishing the medical
malpractice insurance excess premium rebate act of two thousand
three.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Rowe, Unger, Caldwell and Jenkins:
Senate Bill No. 503--
A Bill to amend article three-c, chapter
sixty-one of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section four-a; and to amend and reenact sections seven, fourteen-a
and sixteen of said article, all relating to computer crime and
abuse; providing penalty for unauthorized access to certain
government computers or computer networks; specifying amount of
monetary damage resulting from alteration, destruction, etc., that constitutes a felony; making technical corrections; clarifying
elements for threatening to commit a crime; and removing element
that injury must be to person or property in order to seek civil
relief for violation of article.
Referred to the Committee on the Judiciary.
By Senators Minard, Rowe, Sharpe and Hunter:
Senate Bill No. 504--A Bill to amend and reenact section four,
article ten, chapter thirty-eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
exemptions of property in bankruptcy proceedings.
Referred to the Committee on the Judiciary.
By Senators Bowman, Jenkins, Bailey and Plymale:
Senate Bill No. 505--A Bill to amend and reenact section
eleven, article fifteen, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to providing that municipal fire chiefs retain their
regular rank which they held at the time of appointment to fire
chief or that they attained during their service as fire chief when
they are removed as fire chief or their tenure as same ends.
Referred to the Committee on Government Organization.
By Senators Harrison, Sprouse, Rowe, McCabe, Weeks, Guills,
Smith, Unger, Hunter, Minear, Ross, Sharpe, Minard, Fanning, White,
Bowman, Chafin, Jenkins and Love:
Senate Bill No. 506--
A Bill to amend and reenact sections two, three, four, ten and twelve, article six-b, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to providing the homestead property tax
exemption for all homeowners, regardless of age or disability;
continuing criminal penalties; and providing an effective date.
Referred to the Committee on Finance.
By Senators Edgell and Helmick:
Senate Bill No. 507--
A Bill to amend and reenact sections two,
three, five, five-a, six, six-a, six-b, six-c, seven, eight, eight-
a and nine, article two-c, chapter nineteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
further amend said article by adding thereto three new sections,
designated sections five-b, six-d and nine-a, all relating to
auctioneers; license requirements; fees and notice of change of
address required; apprentice sponsorship requirements; reciprocity
between states; continuing education requirements; penalties for
violating statutory provisions; license revocation; and contract
requirements.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Snyder:
Senate Bill No. 508--
A Bill to amend and reenact section one,
article eleven, chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to prohibiting any doctor from performing a female sexual
sterilization procedure during a live birth unless twenty-four
hours have elapsed since the woman requested the procedure in
writing.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
Senators Tomblin (Mr. President), Minear, Boley, Caldwell,
Plymale, Kessler, White, Chafin, Fanning, Rowe, Snyder, Unger,
Jenkins, Minard, Sharpe, Ross, Dempsey, Love, McKenzie, Oliverio,
Helmick, Edgell, Bowman, Prezioso, McCabe, Hunter and Guills
offered the following resolution:
Senate Concurrent Resolution No. 25--Requesting the Joint
Committee on Government and Finance study honoring and recognizing
women in West Virginia by adding women to the state seal.
Whereas,
This state has become great in part because of the
hard work and sacrifices by women in West Virginia;
and
Whereas,
Whether as a doctor, lawyer, educator, judge or
mother, a woman is always on the job and her work is never done
;
and
Whereas, Women have played a monumental role in the history of
West Virginia, such as Mildred Mitchell-Bateman, the first
African-American woman to head a state government agency; Anna
Marie Jarvis, the founder of Mother's Day; Harriet B. Jones, the
first woman in West Virginia to be licensed as a doctor and the first woman to be elected to Congress; and Lenna Lowe Yost, one of
the leaders of West Virginia's suffrage movement. These women are
just a small example of women in West Virginia who have contributed
to this great state year after year; and
Whereas, Women account for over half of West Virginia's
population and recognition for their contributions and achievements
is deserved; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance to study honoring and recognizing women in
West Virginia by adding women to the state seal; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2004, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators
Plymale, Edgell, Tomblin (Mr. President) Dempsey,
Chafin, Fanning, Jenkins, Hunter, Minear, Boley, Deem, Snyder,
Unger, Helmick, Ross, Sharpe, Minard
, Prezioso, Caldwell, Rowe, Guills, Bailey, Kessler, Bowman, McKenzie, Sprouse, Oliverio, Love
and Smith offered the following resolution:
Senate Resolution No. 17--
Congratulating the winners of the
Character Education Essay Contest for 2002-2003.
Whereas, The Department of Education's Office of Student
Services and Assessment designed the Character Education Essay
Contest, which is an annual contest open to students in grades
three through 12; and
Whereas, Students are asked to write essays addressing a
specific topic which is developed in alignment with the six
character traits recognized by character education experts and
representatives of diverse secular and religious youth-serving
organizations; and
Whereas, Students are given two weeks to address the topic and
submit final drafts of their essays to their classroom teachers who
then screen the essays and select three from each class to be sent
to the Office of Student Services and Assessment where they are
considered by teachers trained in holistic judging; and
Whereas, A winner is determined for each grade level in each
county. From the county winners, a state winner is selected for
each grade; and
Whereas, The 2002-2003 state winners are: 3rd grade, Kristin
Hatmaker, Riverside Elementary School, Mingo County; 4th grade,
Elizabeth Ferguson, Wayne Elementary School, Wayne County; 5th grade, Nikki Kinder, Hamlin Elementary School, Lincoln County; 6th
grade, Jessica Hinkle, Petersburg Elementary School, Grant County;
7th grade, Michael Fairless, Musselman Middle School, Berkeley
County; 8th grade, Andrew Adkins, Guyan Valley High School, Lincoln
County; 9th grade, Jordan Beckett, Wirt County High School; 10th
grade, Zephainie Custer, Hedgesville High School, Berkeley County;
11th grade, Nichol Rose, Pocahontas County High School; and 12th
grade, Ashley Echard, Gilmer County High School; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the winners of the
Character Education Essay Contest for 2002-2003; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Superintendent of the Department
of Education and to each Education Character Education Essay
Contest winner for 2002-2003.
At the request of Senator Plymale, 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 Edgell, unanimous consent being granted,
returned to the second order of business and the introduction of
guests.
The Senate again proceeded to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 509 (originating in the Committee on
Education)--
A Bill to amend and reenact section one, article five,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact section
five, article nine, chapter eighteen-b of said code, all relating
to classified employees; and removing the twenty-year cap for the
annual experience increment.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
On motion of Senator Plymale, the bill (S. B. No. 509)
contained in the foregoing report from the Committee on Education
was then referred to the Committee on Finance.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 206, Authorizing aides to
supervise students in in-school suspensions; limitation.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: Minear--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 206) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Guills and Snyder.
Thereafter, at the request of Senator Love, and by unanimous
consent, the remarks by Senator Guills were ordered printed in the
Appendix to the Journal.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, February 13, 2003, at 11 a.m.
____________