WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
FORTY-FOURTH DAY
____________
Charleston, W. Va., Thursday, February 20, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Right Reverend W. Michie Klusmeyer,
Bishop, Episcopal Diocese of West Virginia, Charleston, West
Virginia.
Pending the reading of the Journal of Wednesday, February 19,
2003,
On motion of Senator Bailey, 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 Clerk presented a communication from the Education and
State Employees Grievance Board, submitting its annual report, in
accordance with chapter eighteen, article twenty-nine, section five
of the code of West Virginia.
Which report was 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 concurrence by that body in the passage of
Eng. Senate Bill No. 281, Continuing department of
environmental protection.
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. 2511--A Bill to amend and
reenact sections fourteen and twenty-three, article three, chapter
seventeen-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, all relating to original and renewal of
registration plates; authorizing the issuance of special motor
vehicle license plates for members of the nemesis shrine,
volunteers and employees of the American red cross, individuals who
have received the combat infantry badge or combat medic badge,
members of the knights of Columbus and former members of the
Legislature; prescribing fees; providing that special registration
plates may only be issued to those nonprofit charitable and
educational organizations authorized by prior law; prohibiting the
commissioner of motor vehicles from approving or authorizing
additional nonprofit charitable and educational organizations to
design or market special registration plates; eliminating the
requirement that a certified firefighter produce annual evidence of
certification; requiring the West Virginia university fire service extension to notify the division of motor vehicles when a
firefighter loses his or her certification; making technical
corrections; removing the restriction on the number of plates a
volunteer firefighter may obtain and increasing the cost of those
plates; prohibiting the division of motor vehicles from beginning
the design or production of any license plate based on membership
or affiliation with a private organization until a minimum number
of persons have applied and paid for the plate; procedure where
minimum number not met by private organization; and providing that
the division of protective services may have up to five Class A
license plates.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2668--A Bill to amend and reenact section
two, article one-a, chapter sixteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
uniform application forms for credentialing, recredentialing and
updating information for health care practitioners.
Referred to the Committee on Health and Human Resources.
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. 2729--A Bill to amend and reenact section
eleven, article one, chapter thirty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
compensation paid to members of professional licensing boards; and
clarifying that members may be compensated only for days on which
they attend official meetings and not for travel days.
Referred to the Committee on Government Organization; 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. 3011--A Bill to amend and reenact section
nine, article three, chapter twenty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to authority of the state fire commission to promulgate
legislative and emergency rules.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
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. 21--Naming the bridge that
crosses from Cabell County to Wayne County over Four Pole Creek on Route 60 the "Colonel Justice M. Chambers Memorial Bridge".
Whereas, Justice M. Chambers, a native of Huntington, West
Virginia, where he attended Marshall College in the 1920s, served
with uncommon distinction in the United States Marine Corps from
1929 to 1946, being seriously wounded in combat on three separate
occasions during World War II; and
Whereas, Exhibiting conspicuous gallantry at the risk of his
life, above and beyond the call of duty as commanding officer of
the Third Assault Battalion Landing Team, Twenty-fifth Marines,
Fourth Marine Division, Colonel Chambers, in February 1945, while
seriously wounded, led an eight-hour battle against fierce Japanese
resistance at Iwo Jima after landing on the island in a furious
barrage of enemy machine gunfire; and
Whereas, As a direct result of Colonel Chambers' forceful
leadership, courage and fortitude in the face of staggering odds,
wherein he inspired the men around him to uncommon acts of bravery
as well, a vital foothold on the island was protected, thus leading
to the success of subsequent operations of the Fifth Amphibious
Corps on Iwo Jima; and
Whereas, Colonel Chambers, in accordance with his heroic acts
on the battlefield, was awarded the Congressional Medal of Honor in
1946 by President Harry S. Truman; and
Whereas, In total, Colonel Chambers, in addition to the Medal
of Honor, received the Silver Star and Legion of Merit with Combat "V", Purple Heart with two gold stars, Presidential Unit Citation
with three bronze stars, Marine Corps Reserve Medal with two stars,
American Defense Service Medal with silver star (denoting five
campaigns) and the World War II Victory Medal; and
Whereas, Colonel Chambers was appointed in 1962 by then-
President John F. Kennedy to the post of Deputy Director of the
Office of Emergency Planning, where he served with distinction
until his retirement therefrom; and
Whereas, Colonel Chambers passed away on July 29, 1982, at the
age of seventy-four; and
Whereas, Colonel Chambers, a distinguished native son, has
bequeathed a legacy to the citizens of this state embodying the
finest traditions of United States military and civilian service to
this country; therefore, be it
Resolved by the Legislature of West Virginia:
That Colonel Justice M. Chambers is hereby honored by naming
the bridge that crosses from Cabell County to Wayne County over
Four Pole Creek on Route 60 the "Colonel Justice M. Chambers
Memorial Bridge"; and, be it
Further Resolved, That the Legislature hereby requests the
West Virginia Division of Highways to name the bridge that crosses
from Cabell County to Wayne County on Route 60 the "Colonel Justice
M. Chambers Memorial Bridge" by placing signs at each end of the
bridge bearing that inscription; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of the Division of Highways, the Headquarters of the United States
Marine Corps in Washington, D. C., and to each of Colonel Chambers'
two nephews, Benjamin and Carter Chambers.
Referred to the Committee on Transportation.
The Senate proceeded to the fourth order of business.
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. 76, Increasing amount from consolidated fund
as loan to economic development authority.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
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. 90, Increasing number of sales by certain
volunteer groups that are exempt from consumers sales tax.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
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. 112, Allowing farm wineries to manufacture,
serve and sell certain wines.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 151, Relating to reorganizing executive branch
of government.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 151 (originating in the Committee on Government Organization)--A Bill to repeal articles
one-b and one-c, chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend and reenact
sections one and two, article one, chapter five-a of said code; to
amend and reenact article seven of said chapter; to amend and
reenact section two, article one, chapter five-f of said code; and
to amend and reenact article three of said chapter, all relating to
reorganizing the executive branch of government; abolishing the
position of chief technology officer in the office of the governor,
the information services and communications division and the
science and technology council and creating a new office of
technology; consolidating the department of administration and the
department of tax and revenue into a new department of finance and
administration; reporting requirements; creating a commission on
reorganization; termination; creating a legislative oversight
commission on reorganization; and continuation.
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,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 151), under the original
double committee reference, was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 153, Consolidating gambling-related functions
into single gaming commission.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 153 (originating in the
Committee on Government Organization)--A Bill to amend chapter
twenty-nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new article, designated
article twenty-nine, relating to legal gaming; creating a division
of gaming; transferring all legal gaming activities, powers, funds
and functions to the division; definitions; transferring the racing
commission and the lottery commission to the division; adding the
regulation of all legal gaming activities, except racing
activities, to the duties of the lottery commission; division's
powers and duties; transition provisions; gaming director;
director's powers and duties; and continuation of the division.
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,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 153), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 177, Relating to authority of aeronautics
commission to expend funds.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 177 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
section three-a, article two-a, chapter twenty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to the aeronautics commission; and authorizing expenditure
of funds for educational purposes.
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,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 177), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 180, Providing for school construction on cash
basis.
With amendments from the Committee on Education pending;
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 180 (originating in the
Committee on Finance)--A Bill to amend and reenact section six,
article nine-d, chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to the
school building authority and fund; and providing for school
building on a cash basis.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
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. 193, Relating to required registration with
commissioner of banking for certain persons.
With an amendment from the Committee on Banking and Insurance
pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as amended by the Committee on Banking and Insurance to which
the bill was first referred; and as last amended by the Committee
on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Jenkins, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 201, Increasing benefits to survivors of state
police killed in line of duty.
And,
Senate Bill No. 551, Increasing employee contribution to
deputy sheriff retirement fund.
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,
Evan H. Jenkins,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on Finance.
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. 252, Authorizing department of environmental
protection to promulgate legislative rules relating to standards
for beneficial use of materials similar to sewage sludge.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was
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. 403, Relating to payment in lieu of property tax agreements generally.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 423, Allowing board of examiners of land
surveyors set certain fees by rule.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 423 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
section six, article thirteen-a, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to allowing the board of examiners of land surveyors to
set certain fees by rule.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Jenkins, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Com. Sub. for Senate Bill No. 425, Authorizing higher
education policy commission to participate in retirement and
separation incentives.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Evan H. Jenkins,
Chair.
The bill, under the original triple committee reference, was
then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 433, Relating to public employees insurance
agency's cost-sharing and coverage plan.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 433 (originating in the Committee on Government Organization)--A Bill to amend and reenact
sections two, five and twenty-five, article sixteen, chapter five
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, all relating to providing coverage to certain employees
who work full time whether regularly employed or not; excluding
costs projected to be paid for retired employees from the
calculation for premium cost sharing; and limiting funds
transferred annually to the reserve fund to eight percent of the
projected total plan costs for each fiscal year.
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,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 433), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 441, Establishing Uniform Prudent Investor
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,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Government Organization pending.
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. 477, Relating to transfer of certain fees to
general revenue fund by fire marshal.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 497, Creating Commercial Prison Enabling and
Contracting Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 497 (originating in the
Committee on Government Organization)--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 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.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 497), under the original
double committee reference, was 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. 637 (originating in the Committee on Finance)-
-A Bill supplementing, amending, reducing and increasing items of
the existing appropriations from the state road fund to the
department of transportation - division of motor vehicles, fund
9007, fiscal year 2003, organization 0802, all supplementing and
amending the appropriation for the fiscal year ending the thirtieth
day of June, two thousand three.
Senate Bill No. 638 (originating in the Committee on Finance)-
-A Bill making a supplementary appropriation from the balance of
moneys remaining unappropriated for the fiscal year ending the
thirtieth day of June, two thousand three, to the department of military affairs and public safety - West Virginia division of
corrections - parolee supervision fees, fund 6362, fiscal year
2003, organization 0608, all supplementing and amending the
appropriation for the fiscal year ending the thirtieth day of June,
two thousand three.
Senate Bill No. 639 (originating in the Committee on Finance)-
-A Bill making a supplementary appropriation from the balance of
moneys remaining unappropriated for the fiscal year ending the
thirtieth day of June, two thousand three, to the department of
transportation - division of motor vehicles - driver's license
reinstatement fund, fund 8213, fiscal year 2003, organization 0802,
all supplementing and amending the appropriation for the fiscal
year ending the thirtieth day of June, two thousand three.
Senate Bill No. 640 (originating in the Committee on Finance)-
-A Bill making a supplementary appropriation of federal funds out
of the treasury from the balance of moneys remaining unappropriated
for the fiscal year ending the thirtieth day of June, two thousand
three, to the department of military affairs and public safety -
division of veterans' affairs - veterans' home, fund 8728, fiscal
year 2003, organization 0618, all supplementing and amending the
appropriation for the fiscal year ending the thirtieth day of June,
two thousand three.
Senate Bill No. 641 (originating in the Committee on Finance)-
-A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated
for the fiscal year ending the thirtieth day of June, two thousand
three, to the department of administration - children's health
insurance agency, fund 8838, fiscal year 2003, organization 0230,
all supplementing and amending the appropriation for the fiscal
year ending the thirtieth day of June, two thousand three.
Senate Bill No. 642 (originating in the Committee on Finance)-
-A Bill making a supplementary appropriation from the balance of
moneys remaining unappropriated for the fiscal year ending the
thirtieth day of June, two thousand three, to the department of
health and human resources - division of human services - child
support enforcement, fund 5094, fiscal year 2003, organization
0511, all supplementing and amending the appropriation for the
fiscal year ending the thirtieth day of June, two thousand three.
Senate Bill No. 643 (originating in the Committee on Finance)-
-A Bill making a supplementary appropriation from the balance of
moneys remaining unappropriated for the fiscal year ending the
thirtieth day of June, two thousand three, to the bureau of
commerce - division of natural resources, fund 3200, fiscal year
2003, organization 0310, all supplementing and amending the
appropriation for the fiscal year ending the thirtieth day of June,
two thousand three.
Senate Bill No. 644 (originating in the Committee on Finance)-
-A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated
for the fiscal year ending the thirtieth day of June, two thousand
three, to the department of military affairs and public safety -
division of corrections, fund 8836, fiscal year 2003, organization
0608, all supplementing and amending the appropriation for the
fiscal year ending the thirtieth day of June, two thousand three.
And,
Senate Bill No. 645 (originating in the Committee on Finance)-
-A Bill making a supplementary appropriation of federal funds out
of the treasury from the balance of moneys remaining unappropriated
for the fiscal year ending the thirtieth day of June, two thousand
three, to the public service commission - motor carrier division,
fund 8743, fiscal year 2003, organization 0926, all supplementing
and amending the appropriation for the fiscal year ending the
thirtieth day of June, two thousand three.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Concurrent Resolution No. 33, Requesting United States government expedite funding to improve security of farm produce.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Larry J. Edgell,
Chair.
The Senate proceeded to the sixth order of business.
Petitions
Senator Rowe presented a petition from Diedre Jackson and
forty-three West Virginia residents, requesting the Legislature to
restore public transit funds and determine a dedicated funding
source to support public transit.
Referred to the Committee on Finance.
Senator Hunter presented a petition from Debbie Spadafore and
forty-one Anna Jarvis 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 Hunter presented a petition from Deborah S. Capriotti
and ten Pruntytown Elementary School teachers, requesting the
Legislature to increase the tobacco tax by one dollar per pack of
cigarettes.
Referred to the Committee on Finance.
The Senate proceeded to the eighth order of business.
Senate Bill No. 107, Creating sales tax holiday for
back-to-school purchases.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Wednesday, February 19, 2003, for
further amendments to be received on third reading, was reported by
the Clerk.
There being no further amendments offered,
The bill, as amended on yesterday, Wednesday, February 19,
2003, was ordered to engrossment.
Engrossed Senate Bill No. 107 was then 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. 107) 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 Com. Sub. for Senate Bill No. 155,
Establishing western highway authority to include representatives
from certain counties.
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 Com. Sub. for S. B. No. 155) 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. 338, Establishing medicaid
buy-in program for certain individuals with disabilities.
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, 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: Deem--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. 338) 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. 391, Reducing training
requirements for certain state police cadets.
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, Dempsey, Edgell, Facemyer, Fanning,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--31.
The nays were: Deem, Guills and McKenzie--3.
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. 391) 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. 404, Establishing blue and
gray intermodal highway authority.
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. 404) 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. 422, Allowing public
service commission change certain rates for municipalities or
cooperative utilities.
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. 422) 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. 432, Deleting provision
requiring magistrates to set payment plans in certain cases.
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. 432) 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. 449, Authorizing transfer of surplus net
profits between lottery fund and excess lottery fund.
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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: Smith--1.
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. 449) 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. 510, Permitting holocaust
commission to accept gifts, donations and appropriations from
Legislature; reimbursement.
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. 510) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 547, Relating to judges and justices and
judicial retirement.
On third reading, coming up in regular order, with Senator
Oliverio's amendment pending, and with the right having been
granted on yesterday, Wednesday, February 19, 2003, for other amendments to be received on third reading, was reported by the
Clerk.
On motion of Senator Oliverio, the following pending amendment
to the bill was again reported by the Clerk:
On page five, section one, line fifty-three, by striking out
the words "two judges" and inserting in lieu thereof the words "one
judge".
The question being on the adoption of Senator Oliverio's
amendment to the bill, the same was put and did not prevail.
There being no further amendments offered,
The bill was ordered to engrossment.
Engrossed Senate Bill No. 547 was then read a third time and
put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 546 pass?"
On the passage of the bill, the yeas were: Bailey, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter,
Love, McCabe, Minard, Ross, Snyder, Unger, White and Tomblin (Mr.
President)--18.
The nays were: Boley, Bowman, Guills, Harrison, Jenkins,
McKenzie, Minear, Oliverio, Prezioso, Rowe, Sharpe, Smith, Sprouse
and Weeks--14.
Absent: Kessler and Plymale--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S.
B. No. 547) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Caldwell, Chafin,
Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Kessler,
Love, McCabe, Minard, Plymale, Ross, Snyder, Unger, White and
Tomblin (Mr. President)--20.
The nays were: Boley, Bowman, Guills, Harrison, Jenkins,
McKenzie, Minear, Oliverio, Prezioso, Rowe, Sharpe, Smith, Sprouse
and Weeks--14.
Absent: None.
So, two thirds of all the members elected to the Senate not
having voted in the affirmative, the President declared Senator
Chafin's motion had not prevailed.
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. 95, Increasing length and width for certain
vehicles.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Transportation, were reported by the Clerk, considered
simultaneously, and adopted:
On page three, section three, lines seven through ten, by
striking out the words "subsection (a) of this section by not more
than six inches to the extent the additional width is attributable
to an appurtenance extending" and inserting in lieu thereof the
words "section two of this article, if the excess width is
attributable to an appurtenance that does not exceed more than six
inches";
On page five, section four, after line forty, by inserting a
new subsection, designated subsection (e), to read as follows:
(e) Notwithstanding the provisions of subsections (a), (b),
(c) and (d) of this section, the commissioner may designate, upon
his own motion or upon the petition of an interested party, a
combination vehicle length not to exceed seventy feet.;
And relettering the remaining subsection;
And,
On page six, section four, after line sixty-seven, by adding
a new subsection, designated subsection (g), to read as follows:
(g) The commissioner shall publish annually an official map
designating the highways of the state and the various maximum
vehicle lengths relating thereto.
The bill (S. B. No. 95), as amended, was then 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 read a
second time and ordered to engrossment and third reading.
Eng. House Bill No. 2763, Allowing original equipment mounted
auxiliary lighting devices for use only when the vehicle is used
off road.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Ross, the following amendment to the bill
was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the provisions of Engrossed
Committee Substitute for Senate Bill No. 370.
The bill (Eng. H. B. No. 2763), as amended, was then ordered
to third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 354, Relating to operating or
attempting to operate clandestine drug laboratory; penalty.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 357, Relating to standard nonforfeiture law
for individual deferred annuities.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 635, Clarifying foster care services in relation to behavioral health.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 636, Exempting competitive bidding requirement
for commodities and services by nonprofit workshops.
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.
On motion of Senator Chafin, the Senate recessed for five
minutes to permit Shelby Garrett to address the Senate on behalf of
the Governor's Honors Academy and the Governor's School for the
Arts.
Upon expiration of the recess, the Senate reconvened and
proceeded to the twelfth order of business.
Remarks were made by Senators Minear, Plymale and Rowe.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, February 21, 2003, at 11 a.m.
____________