WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
SECOND DAY
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Charleston, W. Va., Thursday, January 9, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Paul J. Wharton, St.
Anthony's Shrine, Boomer, West Virginia, and Immaculate Conception
Catholic Church, Montgomery, West Virginia.
Pending the reading of the Journal of Wednesday, January 8,
2003,
On motion of Senator Kessler, 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 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 for Registered Professional 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.
The Clerk presented a communication from the Division of
Natural Resources, submitting its annual report as required by
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 Division of
Personnel, submitting its annual report, in accordance with chapter
twenty-nine, article six, section seven 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 as required by chapter
twenty-two-c, article one, section seventeen of the code of West
Virginia.
Which report was 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 Employment Programs, submitting its Workers'
Compensation Division schedule of maximum fees paid to medical
service providers as required by chapter twenty-three, article
four, 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 Bureau of Senior Services, submitting its annual report, in
accordance with 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 Department of Health and Human Resources, submitting its annual
report of the Family Support Program as required by chapter forty-
nine, article four-a, section five 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
long-term care report, in accordance with chapter sixteen, article five-c, section three of the code of West Virginia.
Which report was 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 report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Office of the Attorney General, submitting its annual consumer
credit and protection 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.
Senator Tomblin (Mr. President) 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.
Senator Tomblin (Mr. President) presented a communication from
the Women's Commission, submitting its annual report, in accordance
with chapter twenty-nine, article twenty, section six 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 Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 76--A Bill to amend and reenact section nine-
e, article six, chapter twelve of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
increasing the amount available from the consolidated fund as a
revolving loan to the West Virginia economic development authority
for the purpose of promoting certain business or industrial
development projects.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 77--A Bill to amend article nine-a, chapter
eighteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section three-c, relating to the amount of the total basic foundation program for public school support for the fiscal year
commencing in two thousand three.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Hunter, Dempsey and Weeks:
Senate Bill No. 78--A Bill to amend chapter twenty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article five-
f, relating to restricting mandatory overtime in certain health
care facilities; providing for enforcement; providing certain
provisions in agreements contrary to the restrictions are void; and
providing criminal penalties relating to prohibiting health care
workers mandatory overtime.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
Executive):
Senate Bill No. 79--A Bill to repeal article twenty-six,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend article seven, chapter
forty-nine of said code by adding thereto a new section, designated
section thirty-four, relating to the termination of the governor's
cabinet on children and families; incorporating certain of its powers and duties in the department of health and human resources;
transferring of the children's fund to the department of health and
human resources.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Prezioso, Unger and Dempsey:
Senate Bill No. 80--A Bill to amend and reenact section
eighteen-b, article five, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
amend article four, chapter eighteen-a of said code by adding
thereto a new section, designated section two-b, all relating to
public school counselors; making legislative findings with respect
to the importance of counseling for providing a thorough and
efficient education for all students; establishing recommended
number of students per counselor and providing for additional pay
when number exceeded; requiring state board rule conforming to
national standards for counseling programs to the extent
practicable and certain other provisions, including minimum
standards for supervision of counselors and minimum required annual
staff development related to school counseling; clarifying
administrative activities to which counselors may devote a portion
of their time and certain duties which may not be the duties of
counselors; providing for a statewide salary supplement for counselors who hold national certification and counselors who are
licensed in this state or who are both nationally certified and
licensed; and providing for reimbursement of expenses for national
certification subject to legislative appropriation.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Ross, Hunter, Rowe, Minard, Guills and Love:
Senate Bill No. 81--A Bill to amend and reenact sections four,
five and six, article six-b, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating to claims for homestead exemption; extending the time
period for filing a claim for exemption; authorizing the assessor
to grant or continue the exemption under certain circumstances;
extending the time period by which the assessor must determine a
person has waived the exemption; extending the time period by which
the assessor must notify a claimant of a denial of a claim for
exemption; and extending the time period in which the county
commission is required to issue a determination regarding an appeal
to the assessor's denial of an exemption.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Ross, Love, Rowe, Snyder, Dempsey, Fanning and
Facemyer:
Senate Bill No. 82--A Bill to amend and reenact section six,
article two-c, chapter seventeen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to extending
the time period for the study of the state system of orphan roads
and bridges.
Referred to the Committee on Transportation.
By Senators Rowe, Love, Unger, Smith and Harrison:
Senate Bill No. 83--A Bill to amend article fifteen, chapter
eleven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section nine-h, relating to reducing the sales tax on packaged food
and fresh-grown food sold for human consumption off the premises
from six percent to five percent; providing a definition; and
procedure for eventual elimination of the tax.
Referred to the Committee on Finance.
By Senators Rowe, Hunter, Smith and Harrison:
Senate Bill No. 84--A Bill to amend article two, chapter five-
b of the code of West Virginia, one thousand nine hundred thirty-
one, as amended, by adding thereto a new section, designated
section twelve-b, relating to creating the heritage preservation
and tourism development fund; and providing that the fund is used
by the division of tourism to promote various industrial and
tourism projects in the state.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senator Rowe:
Senate Bill No. 85--A Bill to amend and reenact section four,
article one-c, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
authorizing county commissions to disallow a valuation of real
property to increase by more than ten percent in a year unless good
cause is shown of a compelling nature to allow such an increase.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Rowe and McCabe:
Senate Bill No. 86--
A Bill to amend article twenty-nine,
chapter thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section eleven, relating to requiring any law-
enforcement agency which hires a person within three years of his
or her training at the West Virginia law-enforcement training
academy to pay a percentage of the cost of such training to the
law-enforcement agency which had sponsored and funded the
graduate's training based upon time remaining until three years
have passed.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Rowe, Fanning and Caldwell:
Senate Bill No. 87--A Bill to amend and reenact section three-
v, article one, chapter seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to county
commissions making flood insurance available to property owners.
Referred to the Committee on Government Organization.
By Senator Rowe:
Senate Bill No. 88--A Bill to amend and reenact section four,
article nine-a, chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to creating
the "Tobacco Free School Act"; prohibiting possession and use of
tobacco products in all school buildings and grounds; eliminating
exemption from tobacco restrictions for areas not used for
instructional purposes; increasing penalties for violations;
authorizing state board of education to further restrict tobacco
use; and permitting law-enforcement officers to issue warnings in
lieu of citations for violations.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Rowe:
Senate Bill No. 89--A Bill to amend article fifteen, chapter
eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nine-h; to amend and reenact section thirteen, article
sixteen of said chapter; to amend and reenact section three,
article seventeen of said chapter; to amend and reenact section
seventeen, article three-a, chapter sixty of said code; and to
amend and reenact section four, article eight of said chapter, all
relating to enacting the two-percent family food tax reduction act;
reducing the sales tax on packaged food and fresh-grown food sold
for human consumption off the premises where sold from six percent
to four percent; increasing the excise tax on cigarettes to thirty-
six cents a pack; imposing a thirty-percent tax on other tobacco
products; increasing the keg tax on beer to ten dollars and thirty-
eight cents; providing for an increase in the wholesale prices on
liquor; and increasing the liter tax on wine.
Referred to the Committee on Finance.
By Senators Rowe, Dempsey, Hunter, Unger and Caldwell:
Senate Bill No. 90--A Bill to amend and reenact section nine,
article fifteen, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
increasing from six to eighteen a year the number of casual and
occasional sales by volunteer fire departments and volunteer school
support groups that are exempt from consumers sales tax.
Referred to the Committee on Finance.
By Senators White, Caldwell and Rowe:
Senate Bill No. 91--
A Bill to amend chapter eleven of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new article, designated article thirteen-t,
relating to taxation generally; setting forth short title; setting
forth legislative findings; defining terms; specifying method for
determining tax attributable to qualified investment; specifying
eligibility for tax credit; specifying procedures for application
for certification and for certification of project plans;
specifying limitations on certification and criteria for
certification; specifying applications for certification are public
information; specifying procedures and criteria for decertification
of projects or withdrawal or suspension of certification of
projects or decrease of amounts of credit or qualified investment
for which a project is certified; providing for audits and
investigations; specifying confidentiality of certain information;
providing for a project administration allowance to be deposited in
a revolving fund for use by the division of tourism; establishing
the small tourism business fund as a revolving fund; providing for
a tax administration allowance to be deposited in a revolving fund
for use by the tax department; establishing the general tax
administration fund as a revolving fund; specifying method for
determining qualified investment; specifying amount of tax credit allowed; setting forth application of credit; specifying method for
assertion of credit and filings; specifying requirements for
reporting of credit; setting forth total maximum aggregate tax
credit limitation; specifying forfeiture of unused tax credits;
specifying redetermination of credit; specifying recapture of
credit; specifying treatment for premature disposition of qualified
property; specifying treatment for premature cessation of use of
qualified property; specifying recapture tax; specifying imposition
of recapture tax; specifying application of the West Virginia tax
procedure and administration act to the recapture tax; setting
forth rules for transfer of qualified property to successors;
specifying treatment of successor businesses where predecessor is
entitled to the credit; specifying treatment of a mere change in
the form of doing business; requiring and specifying identification
of qualified tourism development property; specifying rules for
failure to keep adequate records; specifying certain credit
information to be published as public information; authorizing
audits and joint audits or examinations of taxpayers claiming the
credit and certain other persons; requiring program evaluation;
setting forth expiration date for the tax credit program;
specifying preservation of vested entitlements; specifying general
procedure and administration and adoption of the West Virginia tax
procedure and administration act as applying to the tax credit; and authorizing promulgation of regulations.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senator Minard:
Senate Bill No. 92--
A Bill to repeal sections ten, eleven,
fourteen and seventeen, article four, chapter thirty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact sections one, three, six, twelve, nineteen,
twenty, twenty-one, twenty-two, twenty-three, twenty-four and
twenty-five of said article; and to further amend said chapter by
adding thereto a new article, designated article forty-one, all
relating to the creation of the West Virginia board of dental
hygienists, transferring the licensing and oversight of dental
hygienists from the board of dental examiners and regulating the
practice of dental hygienists in this state; providing short title;
requiring license; providing definitions; appointment of board of
dental hygienists and term of office; powers and duties of the
board and funds; rule-making authority; creating special revenue
account; license requirements and fees; licensing dental hygienist
from another state; scope and limitations of practice of dental
hygienists; complaints, investigations, hearing and judicial
review; unlawful acts, injunctions; criminal penalties; and sunset
provision.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Minard and Rowe:
Senate Bill No. 93--A Bill to amend article two, chapter
sixty-one of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section fifteen-b, relating to violence against public employees.
Referred to the Committee on the Judiciary.
By Senators Ross, Love, Weeks and Sharpe:
Senate Bill No. 94--A Bill to amend and reenact section nine-
a, article one, chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to allowing
authorized representatives of the bureau for public health to
conduct surveys and/or evaluations of a public water system; and
providing forty-five days for a public water system to make a
written response to any corrective actions taken as a result of the
survey and/or evaluation.
Referred to the Committee on Health and Human Resources.
By Senators Ross, Love and Sharpe:
Senate Bill No. 95--A Bill to amend and reenact sections two,
three and four, article seventeen, chapter seventeen-c of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
all relating to the size, weight and load of vehicles; increasing the maximum length and width of certain vehicles; and increasing
the maximum length of the combination of certain vehicles coupled
together.
Referred to the Committee on Transportation.
By Senator Fanning:
Senate Bill No. 96--A Bill to amend and reenact section seven,
article sixteen, chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend article
fifteen, chapter thirty-three of said code by adding thereto a new
section, designated section four-h; to amend article sixteen of
said chapter by adding thereto a new section, designated section
three-q; to amend article twenty-four of said chapter by adding
thereto a new section, designated section seven-h; to amend article
twenty-five of said chapter by adding thereto a new section,
designated section eight-f; and to amend article twenty-five-a of
said chapter by adding thereto a new section, designated section
eight-g, all relating to requiring health insurance policies to
cover acupuncture treatment.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Ross, Rowe, Chafin and Sharpe:
Senate Bill No. 97--A Bill to repeal section eleven, article
one, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal section four,
article six of said chapter; to repeal sections six, seven and
eight, article eight of said chapter; to repeal sections four and
five, article nine of said chapter; to repeal section five, article
fourteen of said chapter; to amend and reenact sections two, three,
five, five-a, eight, thirteen, thirty, thirty-three, thirty-seven,
forty, forty-two, forty-three, forty-four, forty-seven, forty-
eight, fifty, fifty-one, fifty-three and fifty-four, article one of
said chapter; to further amend said article by adding thereto
fifteen new sections, designated sections fifty-three-a, sixty-
five, sixty-six, sixty-seven, sixty-eight, sixty-nine, seventy,
seventy-one, seventy-two, seventy-three, seventy-four, seventy-
five, seventy-six, seventy-seven and seventy-eight; to amend and
reenact sections three, five and eight, article two of said
chapter; to amend and reenact sections one, two, four, four-b,
five, six, seven, eight and nine, article three of said chapter; to
amend and reenact section fourteen, article four of said chapter;
to amend and reenact sections one, two, three, three-a, five, six,
seven, eight and nine, article six of said chapter; to further
amend said article by adding thereto a new section, designated
section five-a; to amend and reenact sections one, three, four,
five, six, seven, eight, nine, ten, eleven and thirteen, article
seven of said chapter; to amend and reenact sections one, two, three, four and five, article eight of said chapter; to amend and
reenact sections one, two and three, article nine of said chapter;
to amend and reenact sections two, three, four, six and eight,
article ten of said chapter; to further amend said article by
adding thereto two new sections, designated sections two-a and
nine; to amend and reenact sections one, two, three, four, five and
six, article eleven of said chapter; to further amend said article
by adding thereto eight new sections, designated sections eight,
nine, ten, eleven, twelve, thirteen, fourteen and fifteen; to amend
and reenact sections one, two, four, five, six and eight, article
twelve of said chapter; to amend and reenact sections one, two,
three and four, article thirteen of said chapter; to amend and
reenact sections one, two, four, seven, eight, nine and ten,
article fourteen of said chapter; and to further amend said article
by adding thereto eight new sections, designated sections fourteen-
a, fifteen, sixteen, seventeen, eighteen, nineteen, twenty and
twenty-one, all relating to updating code language to conform with
current usage and with the uniform vehicle code; defining terms;
specifying who may assume command at an accident scene; adopting a
specific manual for uniform system; requiring adoption of manual
for uniform system of traffic control; defining certain signal
indications for both drivers and pedestrians; prohibiting
commercial advertising on any traffic-control device; repealing speed limits on vehicles not designed for carrying passengers;
adding speed limits in certain instances; adding additional terms
as to devices that may be used as evidence; prohibiting specific
types of races; eliminating the audible signal requirement when
passing; redefining when passing is permissible; permitting special
officers of the division of highways on official weighing crews to
carry firearms; providing training requirements; prohibiting
following too closely in certain instances; redefining who is
prohibited on controlled-access highways; clarifying turning,
starting and signaling in stopping and turning instances;
redefining various types of rights-of-way and the duties to yield
thereunder; clarifying pedestrians' rights and duties; prohibiting
pedestrians who are under the influence of drugs or alcohol from
being on a portion of a highway if their actions create a hazard
for drivers; prohibiting standing on a highway for soliciting
employment, business or contributions; redefining certain
provisions relating to bicycle riders; limiting backing upon a
controlled-access highway shoulder or roadway; prohibiting driving
on a sidewalk; prohibiting opening door unless safe to do so;
prohibiting riding in house trailers; limiting snowmobile operation
on controlled-access highways and certain other conditions;
requiring eye protection in certain instances if no windshield;
enumerating rights and duties of wheelchair operators; and making technical revisions.
Referred to the Committee on Transportation; and then to the
Committee on the Judiciary.
Petitions
Senator Hunter presented a petition from Woody Williams and
the Huntington Detachment #340, West Virginia Marine Corps League,
requesting legislative funding to construct a covered walkway and
handicapped access ramp for access on the second floor of the
Capitol.
Referred to the Committee on Military.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 3, Requesting Joint Committee
on Government and Finance study need for 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 twelfth order of business.
Remarks were made by Senator Snyder.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, January 10, 2003, at 11 a.m.
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