WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
FORTY-THIRD DAY
____________
Charleston, W. Va., Wednesday, February 19, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend James R. Smith, Highland
Education Project Volunteer, Keystone, West Virginia.
Bream Memorial Presbyterian Church Preschool, Charleston, West
Virginia, led the Senate in the recitation of the Pledge of
Allegiance and then proceeded in the singing of "God Bless
America".
Pending the reading of the Journal of Tuesday, February 18,
2003,
On motion of Senator Sprouse, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
Senator Tomblin (Mr. President) presented a communication from
the Department of Tax and Revenue, submitting its annual
preliminary statewide aggregate tax revenue projection, in accordance with chapter eleven, article one-c, section five of the
code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2203--A Bill to amend and
reenact section nine, article three, chapter seventeen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended; and to amend and reenact sections forty-three and forty-
nine, article fifteen, chapter seventeen-c of said code, all
relating to the safe operation and use of motor vehicles;
establishing a fee for reinstatement of drivers licenses; reducing
the blood alcohol content threshold for driving under the
influence; increasing fine for second offense driving under the
influence; requiring public notice by the governor's committee on
crime and delinquency on new blood alcohol threshold; assessing an
additional fee for persons convicted for driving under the
influence; requiring notice to state by defendant for certain
defenses; reducing the threshold for children's blood alcohol
content for prima facie showing of driving under the influence;
prohibiting plea bargaining of certain cases; reducing blood alcohol content threshold for drivers licenses administrative
revocation hearings; removing certain requirements relating to
drivers licenses administrative revocation hearings; requiring all
new and used automobiles to be equipped with safety seat belts for
all seating locations; prohibiting children from riding in certain
cargo areas; and making the offense of failure to wear a safety
belt a primary offense and changing the penalty therefor.
Referred to the Committee on Transportation; and then 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 July 1, 2003, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2433--A Bill to amend and
reenact sections three, fifteen, sixteen and nineteen, article
nine-d, chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and reenact
section six, article ten-h of said chapter, all relating to school
facilities and related programs for vocational-technical education;
authorizing school building authority to require flood insurance
for any facility within the one hundred-year floodplain at which
authority funds are expended; authorizing authority to encourage
work-based learning opportunities for students on funded projects;
authorizing authority to accept any gift, grant, contribution,
bequest or endowment of equipment for benefit of authority or its projects; requiring the authority to reserve no more than twenty-
five percent of funds available for priority use for multiuse
vocational-technical educational facilities which may include post-
secondary programs; authorizing use of reserved funds for equipment
and equipment updates; including administrative council or joint
administrative board as a body which may propose projects;
requiring ten-year major improvement plan as prior condition for
distribution of funds; prohibiting distribution of funds to county
not prepared to commence expenditure during fiscal year; requiring
up-to-date enrollment projections in facilities plans and updates;
authorizing inclusion of facilities for community and technical
college education in plans to construct comprehensive vocational
facilities at existing high schools; providing exception from
requirement for comprehensive vocational facilities in counties
served by multicounty center or existing county center;
establishing planning process if such county elects to construct
comprehensive center; limiting effect on existing programs; and
including introductory vocational-technical courses in middle
school grades as part of effective schools for vocational-technical
education.
Referred to the Committee on Education; 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. Com. Sub. for House Bill No. 2443--A Bill to amend and
reenact section eight, article two, chapter thirty-one-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, relating to the assessment of banking institutions.
Referred to the Committee on Banking and Insurance.
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. 2678--A Bill to amend and
reenact sections one, three, eight and eleven, article three,
chapter three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
twenty-one, article four-a of said chapter; to amend and reenact
section ten, article five of said chapter; and to amend and reenact
sections three and six, article six of said chapter, all relating
to election reforms generally; authorizing the changing of ballot
publishing dates before primary and general elections; authorizing
certain counties to count absentee ballots during election period
and placing limitations thereto; altering absentee ballot signature
requirements; changing voting dates for early in-person voting;
providing for emergency early in-person voting the Monday prior to
a Tuesday election; requiring notice to certain voters of law
change; providing for the processing of certain absentee ballots prior to closure of the polls; and authorizing certain changes in
the early in-person voting of absentee ballots.
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. 2748--A Bill to amend article nine-a,
chapter sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section ten, relating to prohibiting the distribution or
sale of tobacco products to persons under the age of eighteen years
through mail, telephone, facsimile transmission or the internet;
defining terms; regulating the delivery of private purchase and
delivery of tobacco products; establishing requirements for
verifying the age of tobacco product purchases; and providing for
civil and criminal penalties.
Referred to the Committee on Health and Human Resources; and
then 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. 2870--A Bill to amend and reenact section
one, article two, chapter twenty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated
section eleven-c, all relating to specifying the jurisdiction of
the public service commission over, and the application of said
chapter twenty-four to, owners or operators of, and persons,
corporations or other entities that intend to construct or
construct and operate, certain described electric generating
facilities, the output of which is not sold directly to retail
customers in West Virginia; and requiring persons, corporations and
other entities that intend to construct or construct and operate
such electric generating facilities, or that intend to make or
construct a material modification thereof, to obtain from the
public service commission a siting certificate, in lieu of a
certificate of public convenience and necessity, for each such
facility or material modification thereof pursuant and subject to
certain new provisions and requirements which, among other things,
allow the public service commission, under specified circumstances,
to seek the imposition of civil or criminal penalties, or both such
civil and criminal penalties; and providing that the public service
commission may promulgate rules relating to siting certificates.
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. 2953--A Bill to amend and reenact section six, article thirty, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; and to amend and
reenact section thirteen, article eight, chapter thirty-six of said
code, all relating to the administration of the prepaid tuition
plan of the West Virginia college prepaid tuition and savings
program; clarifying how moneys in the prepaid tuition trust fund
are processed when the plan is terminated; establishing a mechanism
to eliminate any actuarially projected unfunded liability in the
trust fund over a fixed period with funds from the unclaimed
property trust fund in an amount not to exceed two million dollars
annually; creating the prepaid tuition trust escrow account;
providing for the transfer of funds in the unclaimed property trust
fund to the prepaid tuition trust escrow account and to the general
revenue fund; and providing for the investment and use of the money
in the prepaid tuition trust escrow account.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2003, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2970--A Bill to amend and reenact sections
five-a, five-b and six-b, article nine-a, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to increasing the ratios of professional and
service personnel to students in net enrollment; establishing the ratios for school year beginning in two thousand four; commencing
and concluding allocation and appropriation over period of years;
providing legislative intent to examine efficiency of elements of
support program in funding to meet performance standards; and
providing for certain allocation and appropriation from increase in
local share for purpose of increasing ratios in net enrollment.
Referred to the Committee on Education.
The Senate proceeded to the fourth order of business.
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. 200, Requiring restaurants post notices
concerning certain antioxidants in food.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 200 (originating in the
Committee on Health and Human Resources)--A Bill to amend and
reenact section twenty-two-a, article six, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, relating to food service establishments and the
requirements to post notices concerning the presence of sulfites in
salads and salad crispers added to lettuce; providing for
enforcement by local health departments; and establishing penalties for noncompliance.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 200), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 354, Making possession of chemicals with
intent to produce methamphetamine or allow on premises felony.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 354 (originating in the
Committee on the Judiciary)--A Bill to amend article four, chapter
sixty-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section four hundred eleven, relating to creating the offense of
operating or attempting to operate a clandestine drug laboratory;
defining clandestine drug laboratory; offenses; penalties; and requiring payment for costs of remediation.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 357, Relating to standard nonforfeiture law
for individual deferred annuities.
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
Senate Bill No. 364, Strengthening multidisciplinary treatment
team process for children involved in court system.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 364 (originating in the Committee on the Judiciary)--A Bill to amend and reenact sections
seven and twenty-one, article five, chapter forty-nine of the code
of West Virginia, one thousand nine hundred thirty-one, as amended;
to further amend said article by adding thereto a new section,
designated section sixteen-b; to amend and reenact section three,
article five-d of said chapter; and to further amend said article
by adding thereto two new sections, designated sections three-a and
eight, all relating to child welfare and juvenile justice
generally; requiring notice of certain proceedings to the
department of health and human resources and the division of
juvenile services for purposes of multidisciplinary hearings;
providing for greater involvement of multidisciplinary teams in
juvenile and abuse and neglect proceedings; providing that
quarterly judicial reviews be continued while child remains in
custody; exceptions to meeting requirement; providing for when
offenses are committed while in custody; providing for recommended
court orders; requiring that recommended service plans be
considered; requiring written findings when order deviates from
treatment team's recommended plan; and affording multidisciplinary
treatment team notice and opportunity to present evidence.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 364), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 369, Allowing public service districts to
enter into certain agreements without approval of public service
commission.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 369 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact section
twenty-five, article thirteen-a, chapter sixteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to contracts for the provision of engineering, design or
feasibility studies by public service districts.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 369), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 386, Increasing parole supervision fee.
And,
Senate Bill No. 436, Directing public service commission
implement 211 information and referral system.
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,
Jeffrey V. Kessler,
Chair.
The bills, under the original double committee references,
were then referred 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. 467, Allowing insurance agencies to operate as managing general agents; license.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 467 (originating in the
Committee on Banking and Insurance)--A Bill to amend and reenact
sections one, two, three, four, six and seven, article thirty-
seven, chapter thirty-three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to further amend
said article by adding thereto two new sections, designated
sections eight and nine, all relating to licensing and authority of
managing general agents; increasing the authority of the
commissioner, including the authority to order penalties in an
amount not exceeding ten thousand dollars for a violation of the
article; refining definitions; and providing short title.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill (Com. Sub. for S. B. No. 467), under the original
double committee reference, was then referred 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. 534, Creating Third-Party Administrator Act.
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.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Banking and Insurance 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. 635 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact sections twenty-nine and
thirty, article seven, chapter forty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating to clarifying that foster care services do not constitute
a behavioral health care service; and directing the West Virginia
supreme court and department of health and human resources to promulgate court orders for out-of-home placements.
And,
Senate Bill No. 636 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact section ten, article three,
chapter five-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact section
six, article three-a of said chapter, all relating to exemption of
commodities and services offered or produced by nonprofit workshops
from competitive bidding requirement.
And reports the same back with the recommendation that they do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the sixth order of business.
Senators Hunter, McCabe, Oliverio, Ross, Love, Dempsey, Unger,
Minard, Bailey, Plymale, Facemyer, Weeks, Sharpe, Kessler, Bowman,
Edgell, Snyder, Prezioso, Caldwell, White, Fanning, Rowe, Jenkins,
Deem, McKenzie, Smith, Harrison, Sprouse, Minear, Guills, Boley and
Tomblin (Mr. President) offered the following resolution:
Senate Resolution No. 19--Designating February 19, 2003, as
"Children's Day".
Whereas, It is our responsibility to provide for the next
generation of West Virginians; and
Whereas, The success of our state and our citizens is
dependent on the well-being of our children; and
Whereas, Each of us has the responsibility to involve
ourselves in seeking opportunities to serve the needs of our
children to help them achieve their highest potential; therefore,
be it
Resolved by the Senate:
That the Senate hereby designates February 19, 2003, as
"Children's Day"; and, be it
Further Resolved, That the Senate recognizes its
responsibility to the children of West Virginia and its commitment
to their preparation for a full and productive life; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of the
Coalition for West Virginia's Children.
At the request of Senator Hunter, 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 Bailey, McCabe, Chafin, Helmick, Unger, Caldwell,
Oliverio, Hunter, Love, Snyder, Plymale, Jenkins, Edgell, Minard, Bowman, Fanning, Kessler, Prezioso, White, Rowe, Facemyer, Ross,
Weeks, Sharpe, Dempsey, McKenzie, Sprouse, Minear, Harrison,
Guills, Smith, Boley and Tomblin (Mr. President) offered the
following resolution:
Senate Resolution No. 20--Designating February 19, 2003, as
"Law-enforcement Appreciation Day".
Whereas, Citizens of West Virginia should consider the men and
women of law enforcement who daily place their lives in danger for
our safety; and
Whereas, The men and women of law enforcement have trained
efficiently to perform their duties and are dedicated to the
communities they serve; and
Whereas, Sadly, there are many law-enforcement officers who
are killed in the line of duty; and
Whereas, It is fitting that we pay tribute to the men and
women of law enforcement whose dedication and commitment to protect
and serve our citizens go unnoticed in our daily lives; therefore,
be it
Resolved by the Senate:
That the Senate hereby designates February 19, 2003, as "Law-
enforcement Appreciation Day" as an expression of gratitude for
law-enforcement officers who risk their lives on a daily basis for
our safety and protection; and, be it
Further Resolved, That the Senate is proud of the men and women who live up to the creed "To protect and serve"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to appropriate representatives of law
enforcement.
At the request of Senator Bailey, 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 Kessler, Edgell, Bowman, McKenzie, Bailey, Rowe,
Ross, Unger, Weeks, Sharpe, Minard, Fanning, Prezioso, White,
Helmick, Plymale, Jenkins, Oliverio, Dempsey, Facemyer, Hunter,
Love, Smith, Harrison, Boley, Guills, Minear, Sprouse, McCabe and
Tomblin (Mr. President) offered the following resolution:
Senate Resolution No. 21--Recognizing the heroic actions of
Marshall County Deputy Sheriffs Brent Wharry and Steve Cook who
assisted in emergency rescue efforts following a mine explosion in
Marshall County.
Whereas, On Wednesday, January 22, 2003, Marshall County
Deputy Sheriffs Brent Wharry and Steve Cook were the first on the
scene of a mine explosion at Consol Energy, Inc.'s McElroy Mine in
rural Marshall County; and
Whereas, It was determined that the explosion had occurred at
the bottom of an air shaft that was under construction; and
Whereas, Disregarding danger, Deputies Wharry and Cook, along
with a paramedic and a drilling company employee, were lowered by
crane into the shaft; and
Whereas, Two critically injured survivors were located at the
bottom of the 940-foot air shaft and were brought to safety.
Sadly, three others were killed in the explosion; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the heroic actions of
Marshall County Deputy Sheriffs Brent Wharry and Steve Cook who
assisted in emergency rescue efforts following a mine explosion in
Marshall County; and, be it
Further Resolved, That it is fitting on "Law-enforcement Day"
to recognize Deputies Wharry and Cook who risked their lives in
order to save others; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Marshall County Deputy Sheriffs Brent
Wharry and Steve Cook.
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, at
the request of Senator Bowman, unanimous consent being granted,
returned to the second order of business and the introduction of
guests.
The Senate again proceeded to the sixth order of business.
Petitions
Senator Deem presented a petition from Janice Davis and forty-
two Franklin Elementary School teachers, requesting the Legislature
to increase the tobacco tax by one dollar per pack of cigarettes.
Referred to the Committee on Finance.
Senator Deem presented a petition from Judith M. Watkins and
seven Shoals Elementary School teachers, requesting the Legislature
to increase the tobacco tax by one dollar per pack of cigarettes.
Referred to the Committee on Finance.
Senators Rowe, McCabe, Sprouse and Harrison presented a
petition from Shirley Eagan and numerous West Virginia residents,
requesting the Legislature to increase the tobacco tax.
Referred to the Committee on Finance.
Senator Plymale presented a petition from Charlotte Smith and
twenty-four Highlawn Elementary School teachers, requesting the
Legislature to increase the tobacco tax by one dollar per pack of
cigarettes.
Referred to the Committee on Finance.
Senator Plymale presented a petition from Debbie Snavely and thirteen Spring Hill Elementary School teachers, requesting the
Legislature to increase the tobacco tax by one dollar per pack of
cigarettes.
Referred to the Committee on Finance.
Senator Plymale presented a petition from Lois Myers and
eighteen Milton Elementary School teachers, requesting the
Legislature to increase the tobacco tax by one dollar per pack of
cigarettes.
Referred to the Committee on Finance.
Senator Plymale presented a petition from Alan Hamrick and
eighteen Kenova Elementary School teachers, requesting the
Legislature to increase the tobacco tax by one dollar per pack of
cigarettes.
Referred to the Committee on Finance.
Senator Plymale presented a petition from Tammy Brumfield and
thirteen Buffalo Elementary School teachers, requesting the
Legislature to increase the tobacco tax by one dollar per pack of
cigarettes.
Referred to the Committee on Finance.
Senator Ross presented a petition from Cathy Willingham and
numerous West Virginia residents, requesting the Legislature to
increase the tobacco tax by one dollar per pack of cigarettes.
Referred to the Committee on Finance.
Senator McCabe presented a petition from Karen Fletcher and numerous West Virginia residents, requesting the Legislature to
increase the tobacco tax.
Referred to the Committee on Finance.
Senator Caldwell presented a petition from Patricia Coleman
and numerous West Virginia teachers and school employees,
requesting the Legislature to increase the tobacco tax by one
dollar per pack of cigarettes.
Referred to the Committee on Finance.
Senator Prezioso presented a petition from Lisa Devericks and
numerous West Virginia residents, requesting the Legislature to
increase the tobacco tax.
Referred to the Committee on Finance.
Senator Dempsey presented a petition from Keith Litton and
numerous West Virginia residents, requesting the Legislature to
increase the tobacco tax by at least fifty-five cents per pack of
cigarettes.
Referred to the Committee on Finance.
Senator Minear presented a petition from Bonnie Strawser and
numerous West Virginia residents, requesting the Legislature to
increase the tobacco tax.
Referred to the Committee on Finance.
Senator Edgell presented a petition from Valerie Laxton and
numerous West Virginia residents, requesting the Legislature to
increase the tobacco tax.
Referred to the Committee on Finance.
Senator Love presented a petition from Tara Lynn Evans and
numerous West Virginia residents, requesting the Legislature to
increase the tobacco tax by one dollar per pack of cigarettes.
Referred to the Committee on Finance.
Senator Guills presented a petition from Carmen M. Buster and
numerous Greenbrier Manor Nursing Home employees, requesting the
Legislature to increase the tobacco tax in order to secure funding
for nursing homes.
Referred to the Committee on Finance.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Sharpe, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 440, Establishing Contractors Notice and
Opportunity to Cure Act.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 26, Requesting Division of
Highways name bridge from Pomeroy, Ohio, to Mason "Bridge of
Honor".
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.
Senate Concurrent Resolution No. 33, Requesting United States
government expedite funding to improve security of farm produce.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Agriculture.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 213, Restricting actions
brought by nonresidents in state courts.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 213) 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. 399, Providing for criminal
history checks for certain people working with children on school
property.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 399) 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. 430, Providing additional restrictions on
outdoor advertising.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 430) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 107, Creating sales tax holiday for
back-to-school purchases.
On second reading, coming up in regular order, was read a
second time.
On motions of Senators Sprouse and Bailey, the following
amendment to the bill was reported by the Clerk:
On page two, section nine-g, line ten, after the words "a
computer" by inserting the words "is less than seven hundred fifty
dollars after credit for any manufacturer's rebate".
The question being on the adoption of the amendment offered by
Senators Sprouse and Bailey to the bill.
Following discussion,
Senator Snyder moved that the bill (S. B. No. 107) be
rereferred to the Committee on Finance, with the amendment offered
by Senators Sprouse and Bailey pending.
The question being on the adoption of Senator Snyder's
aforestated motion, the same was put and did not prevail.
The question now being on the adoption of the amendment
offered by Senators Sprouse and Bailey to the bill, the same was
put.
The result of the voice vote being inconclusive, Senator Ross
demanded a division of the vote.
A standing vote being taken, there were twenty-two "yeas" and
nine "nays".
Whereupon, Senator Tomblin (Mr. President) declared the
amendment offered by Senators Sprouse and Bailey to the bill adopted.
On motion of Senator Rowe, the following amendments to the
bill (S. B. No. 107) were next reported by the Clerk and considered
simultaneously:
On page two, section nine-g, line two, after the word "body"
by striking out the word "and" and inserting in lieu thereof a
comma;
And,
On page two, section nine-g, line five, after the word
"calculators," by inserting the words "and the sale of packaged
food and fresh-grown food sold for human consumption off the
premises where sold but not to include any food prepared in a
kitchen or restaurant or on premises of the retail facility for
carry out and immediate consumption by the purchaser or any product
for consumption which is subject to taxes set forth in section
thirteen, article sixteen of this chapter; section three, article
seventeen of this chapter; section two, article nineteen of this
chapter; section seventeen, article three-a, chapter sixty of this
code; or section four, article eight of said chapter".
The question being on the adoption of Senator Rowe's
amendments to the bill, the same was put.
The result of the voice vote being inconclusive, Senator Rowe
demanded a division of the vote.
A standing vote being taken, there were eleven "yeas" and twenty "nays".
Whereupon, Senator Tomblin (Mr. President) declared Senator
Rowe's amendments to the bill rejected.
Thereafter, on motion of Senator Plymale, the bill (S. B. No.
107) was advanced to third reading with the right for further
amendments to be considered on that reading.
Com. Sub. for Com. Sub. for Senate Bill No. 155, Establishing
western highway authority to include representatives from certain
counties.
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. 338, Establishing medicaid
buy-in program for certain individuals with disabilities.
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. 370, Allowing certain vehicle
auxiliary lighting devices when vehicle used off road.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Com. Sub. for Senate Bill No. 391, Reducing training
requirements for certain state police cadets.
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. 404, Establishing blue and gray
intermodal highway authority.
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. 422, Allowing public service
commission change certain rates for municipalities or cooperative
utilities.
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. 432, Deleting provision
requiring magistrates to set payment plans in certain cases.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 449, Authorizing transfer of surplus net
profits between lottery fund and excess lottery fund.
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 eighteen-c, line five, by striking out
the words "so much" and inserting in lieu thereof the words "an amount";
On page two, section eighteen-c, line fourteen, by striking
out the words "so much" and inserting in lieu thereof the words "an
amount";
On page three, section eighteen-c, line twenty, by striking
out the words "the last clause of";
On page three, section eighteen-c, line twenty-two, by
striking out the words "there is" and inserting in lieu thereof the
word "of";
On page three, section eighteen-c, line twenty-three, by
striking out the word "that" and inserting in lieu thereof the word
"language";
And,
On page three, section eighteen-c, lines twenty-four and
twenty-five, by striking out the words "shall control" and
inserting in lieu thereof the words "is controlling".
The bill (S. B. No. 449), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 510, Permitting holocaust
commission to accept gifts, donations and appropriations from
Legislature; reimbursement.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 547, Relating to judges and justices and judicial retirement.
Having been read a second time on yesterday, Tuesday, February
18, 2003, and now coming up in regular order with Senator
Oliverio's amendment (shown in the Senate Journal of yesterday,
Tuesday, February 18, 2003, page 17) pending, was reported by the
Clerk.
On motion of Senator Kessler, the bill (S. B. No. 547) was
advanced to third reading with Senator Oliverio's amendment pending
and the right reserved to consider other amendments on that
reading.
The Senate proceeded to the tenth order of business.
Senate Bill No. 95, Increasing length and width for certain
vehicles.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. House Bill No. 2763, Allowing original equipment mounted
auxiliary lighting devices for use only when the vehicle is used
off road.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, February 20, 2003, at 11 a.m.
____________