WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
SECOND DAY
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Charleston, W. Va., Thursday, January 15, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Father Timothy Grassi,
Sacred Heart Co-Cathedral, Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, January 14,
2004,
On motion of Senator White, the Journal was approved and the
further reading thereof dispensed with.
The following communication was reported by the Clerk:
THE SENATE OF WEST VIRGINIA
OFFICE OF THE PRESIDENT
CHARLESTON
January 14, 2004
The Honorable Darrell E. Holmes
Clerk, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. Clerk:
I am this date appointing Howard L. Wellman of Route 5, Box 440, Bluefield, West Virginia, as Acting Sergeant at Arms of the
Senate.
This appointment fills the vacancy created by the death of
Tony DeRaimo.
Respectfully submitted,
Earl Ray Tomblin,
Senate President.
Whereupon, Mr. Wellman previously qualified as Sergeant at
Arms, by taking the several oaths of office prescribed by law and
administered by the Honorable Earl Ray Tomblin, Senate President.
The Clerk presented a communication from the Board of Barbers
and Cosmetologists, submitting its annual report as required by
chapter sixteen, article one, section six of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Board of
Examiners in Counseling, submitting its annual report, in
accordance with chapter thirty, article thirty-one, section five of
the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Board of
Examiners for Registered Professional Nurses, submitting its annual
report as required by chapter thirty, article twenty-four, section
seven of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Board of
Medicine, submitting its annual report, in accordance with chapter
thirty, article three, section seven of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Department of
Health and Human Resources, submitting its annual long-term care
report as required by chapter sixteen, article five-c, section
three of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Division of
Banking, submitting its annual consumer affairs report, in
accordance with chapter forty-six-a, article seven, section one
hundred two of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Division of
Juvenile Services, submitting its annual report as required by
chapter forty-nine, article five, section thirteen-e of the code of
West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Division of
Natural Resources, submitting its annual report, in accordance with
chapter twenty, article one, section seven of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Family Protection
Services Board, submitting its annual report as required by chapter
forty-eight, article twenty-six, section four hundred one of the
code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Motorcycle Safety
Awareness Board, submitting its annual report, in accordance with
chapter seventeen-b, article one-d, section eight of the code of
West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Radiologic
Technology Board of Examiners, submitting its annual report as
required by chapter thirty, article one, section twelve of the code
of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Water Development
Authority, submitting its annual report, in accordance with chapter
twenty-two-c, article one, section seventeen of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Board of Dental Examiners, submitting its annual report as required by chapter thirty, article twenty-four, section seven of
the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Board of Examiners for Licensed Practical Nurses, submitting
its annual report, in accordance with chapter thirty, article
twenty-four, section seven of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Bureau of Senior Services, submitting its annual report as
required by chapter sixteen, article five-p, section fourteen of
the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Children's Health Insurance Program, submitting its annual
report, in accordance with chapter five, article sixteen-b, section
three of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Department of Agriculture, submitting its annual Interstate
Pest Control Compact report as required by chapter nineteen,
article twelve-b, section one of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Department of Health and Human Resources, submitting its annual
cancer registry report, in accordance with chapter sixteen, article
thirty-three, section six of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Department of Tax and Revenue, submitting its quarterly report
summarizing closing agreements as required by chapter eleven,
article ten, section five-q of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Development Office, submitting its annual Neighborhood
Investment Program report, in accordance with chapter eleven,
article thirteen-j, section four-a of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Division of Criminal Justice Services, submitting its report on
criminal sentencing practices for adult offenders as required by
chapter fifteen, article nine, section four of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Division of Personnel, submitting its annual report, in
accordance with chapter twenty-nine, article six, section seven of
the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Economic Development Authority, submitting its annual report as
required by chapter thirty-one, article fifteen, section twenty-
nine of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented communications from
the Ron Yost Personal Assistance Services Program, submitting its
annual reports, in accordance with chapter eighteen, article ten-l,
section seven of the code of West Virginia.
Which communications and reports were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Solid Waste Management Board, submitting its annual report as
required by chapter twenty-two-c, article three, section seventeen
of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
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 Facemyer:
Senate Bill No. 170--A Bill to amend and reenact §16-9A-3 of
the code of West Virginia, 1931, as amended, relating to increasing
the penalties for use or possession of tobacco or tobacco products
by a person under eighteen years of age; increasing fines and
community service requirements; and providing, upon a second
offense, for revocation of the person's junior or graduated
driver's license until eighteen years of age or, if the person does
not yet have a driver's license, the person is ineligible to apply
for any type of driver's license until eighteen years of age.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Rowe:
Senate Bill No. 171--A Bill to amend and reenact §44-1-1 of
the code of West Virginia, 1931, as amended, relating to estates
generally; and eliminating the requirement that a representative
appear in person before the clerk of the county commission in order
to be named administrator.
Referred to the Committee on the Judiciary.
By Senators Rowe, Caldwell and Minard:
Senate Bill No. 172--A Bill to amend and reenact §8-12-5 of
the code of West Virginia, 1931, as amended, relating to
authorizing municipalities to establish quiet zones in residential
areas with guarded railroad crossings.
Referred to the Committee on the Judiciary.
By Senators Rowe and Caldwell:
Senate Bill No. 173--A Bill to amend and reenact §17E-1-12 of
the code of West Virginia, 1931, as amended, relating to
authorizing a disabled commercial licensed driver to have a
personal driving permit for up to five years without loss of status
as a commercial licensed driver.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
By Senators Rowe and Weeks:
Senate Bill No. 174--A Bill to amend and reenact §5A-3-15 of
the code of West Virginia, 1931, as amended, relating to providing
that the purchasing division of the department of administration
has regulatory authority over purchases and sales for flood and
other emergency relief.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Oliverio, Unger, Hunter, Caldwell, Rowe, Prezioso,
Kessler, McKenzie, Fanning, Minard and Sprouse:
Senate Bill No. 175--A Bill to amend and reenact §15-2A-9 and
§15-2A-12 of the code of West Virginia, 1931, as amended, all
relating to the state police retirement system; and enhancing
benefits for service-related disability or death of members.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
Senator Snyder offered the following resolution:
Senate Concurrent Resolution No. 4--Requesting the Secretary of the Department of Administration maintain a permanent display of
the history of the construction of the capitol building in the
first floor rotunda as a monument to the capitol building and its
complex.
Whereas, There are numerous documents, design plans,
blueprints, photographs, models and other items in the archives of
the state capitol which are representative of, and a chronology and
living history of, the various stages of construction and growth of
the state capitol building and its expanded complex; and
Whereas, A permanent display of these items and artifacts will
serve as a monument to the capitol building and give recognition to
those people who participated in the planning and construction of
this magnificent edifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Secretary of the
Department of Administration to maintain a permanent display of the
history of the construction of the capitol building in the first
floor rotunda as a monument to the capitol building and its
complex; and, be it
Further Resolved, That the Legislature hereby requests the
Secretary of the Department of Administration to consult with the
Commissioner of the Division of Culture and History on the
permanent display; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Administration and the Commissioner of the Division of Culture and History.
At the request of Senator Snyder, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Petitions
Senators Ross and Helmick presented a communication dated May
20, 2003, from the President of the Hampshire County Commission,
regarding a petition by at least ten percent of the registered
voters of Hampshire County for reformation of county government, in
accordance with section thirteen, article IX of the constitution of
West Virginia.
Referred to the Committee on Government Organization.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 1, Requesting Division of
Highways name Beckley Harper Road Bridge and Interchange in honor
of Lewis N. McManus, former Speaker of the House of Delegates.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation.
Senate Concurrent Resolution No. 2, Requesting Division of
Highways name bridge spanning Cabin Creek and Kanawha County Route
72/3 "Mother Jones Labor Heritage Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation.
Senate Concurrent Resolution No. 3, Requesting Joint Committee
on Government and Finance study creating forensic science task
force.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Snyder.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, January 16, 2004, at 11 a.m.
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