WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
THIRD DAY
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Charleston, W. Va., Friday, January 10, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by First Lieutenant Ron Blevins, Department
Chaplain, West Virginia State Police, Parkersburg, West Virginia.
Pending the reading of the Journal of Thursday, January 9,
2003,
On motion of Senator Plymale, the Journal was approved and the
further reading thereof dispensed with.
The Clerk presented a communication from the Department of
Health and Human Resources, submitting its annual report of the
James "Tiger" Morton Catastrophic Illness Commission as required by
chapter sixteen, article five-q, section 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 Board of Coal Mine Health and Safety, submitting its annual report, in accordance with chapter twenty-two-a, article six,
section nine 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 Public Employees Insurance Agency, submitting its annual
financial plan as required by chapter five, article sixteen,
section five 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 Ross, Minard, Sprouse, Love, Sharpe, Dempsey,
Unger, Facemyer, Guills, Jenkins, Smith, Weeks, Deem, Hunter and
Rowe:
Senate Bill No. 98--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; and providing a small business tax credit
equal to any guaranty fee paid to the small business administration
to obtain small business administration financing.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Ross, Unger, Sharpe, Dempsey and Minard:
Senate Bill No. 99--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 thirty-four, relating to the dedication of one percent of
the sales tax collected to the counties to be used for any
governmental purpose, including public education; and providing
that this be phased in over a three-year period.
Referred to the Committee on Finance.
By Senators Ross, Love, Sharpe and Unger:
Senate Bill No. 100--A Bill to amend and reenact section four,
article twenty-seven, chapter thirty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
renewal of licenses of barbers; and providing that continuing
education is not a requirement for renewal of a barber license.
Referred to the Committee on Health and Human Resources.
By Senators Ross, Sharpe, Dempsey, Rowe and Sprouse:
Senate Bill No. 101--A Bill to amend and reenact section two,
article one, chapter five-f of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to combining
the offices and duties of the state commissioner of highways and
the secretary of transportation; and designating salary.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Ross, Dempsey, Minard and Sharpe:
Senate Bill No. 102--A Bill to amend and reenact section
seven, article two-a, chapter seventeen-d of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to allowing holders of suspended commercial driver's
licenses to continue operating a commercial motor vehicle under
certain specific, limited circumstances.
Referred to the Committee on Transportation.
By Senators Ross, Sharpe and Rowe:
Senate Bill No. 103--A Bill to amend article five, chapter six
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new section, designated section
thirteen, relating to prohibiting certain county officeholders from
holding another full-time state position.
Referred to the Committee on Government Organization.
By Senators Oliverio, Bowman, Prezioso, Hunter, Unger, Snyder,
Jenkins, Minear, McKenzie, Guills, Plymale, Weeks and Sharpe:
Senate Bill No. 104--A Bill to amend chapter seventeen-c of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article
twenty-four, relating to requiring persons who operate all-terrain
vehicles who are under the age of eighteen years to wear helmets;
prohibiting persons under the age of sixteen from operating all-terrain vehicles with motors of two hundred fifty cubic centimeters
or greater; prohibiting passengers on all-terrain vehicles unless
a vehicle is made to accommodate additional passengers pursuant to
manufacturer's recommendations; and prohibiting all-terrain
vehicles from operating on state roads or highways with some
exceptions.
Referred to the Committee on Transportation; and then to the
Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 105--A Bill to amend and reenact sections
three and four, article seventeen, chapter eleven of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
all relating to the tax on tobacco products; and increasing the
rate of the tax on cigarettes from seventeen cents to fifty-five
cents.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 106--A Bill to amend and reenact sections six,
nine and ten, article two-a, chapter fifteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating to the rights of members of the West Virginia state police
retirement system; and lowering the normal retirement age.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 107--A Bill to amend and reenact section nine-
g, article fifteen, chapter eleven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
consumers sales and service tax; and creating exemption for
purchases of back-to-school clothing and school supplies by
consumers during three-day period in August, two thousand three.
Referred to the Committee on Finance.
By Senators Hunter and Unger:
Senate Bill No. 108--A Bill to amend and reenact section
twelve, article twenty-one, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to granting modification to adjusted gross income to
higher education employees who retire under a retirement plan other
than the public employees retirement system or the state teachers
retirement system.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Hunter, Unger and Dempsey:
Senate Bill No. 109--A Bill to amend article nine, chapter
forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section six hundred five, relating to requiring the clerk of the
circuit court to provide notification to a child's school when a
court's modification of a child custody determination results in a
change of parental custody.
Referred to the Committee on the Judiciary.
By Senators Hunter, Unger, Prezioso and Ross:
Senate Bill No. 110--A Bill to amend and reenact section
twelve, article twenty-one, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to providing a state income tax exemption to retired
federal law-enforcement officers and firefighters comparable to
their counterparts in state, county or municipal service.
Referred to the Committee on Finance.
By Senators Hunter, Unger, Dempsey, Love and White:
Senate Bill No. 111--A Bill to amend and reenact section
twenty-seven, article twenty, chapter thirty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to the regional jail and correctional facility authority;
and providing that correctional officers employed by the authority
at regional jails and the northern regional jail and correctional
facility are covered by civil service.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Sharpe, Edgell, Prezioso, Ross, Minard and White:
Senate Bill No. 112--A Bill to amend and reenact section five-
a, article one, chapter sixty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend and
reenact section two, article eight of said chapter, all relating to
manufacturing, serving and selling of port, sherry and Madeira
wines by farm wineries.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 113--A Bill to amend and reenact section
thirteen, article twelve, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to authorizing a municipality that adopts the state
building code to adopt local ordinances that impose a more
stringent or higher standard.
Referred to the Committee on Government Organization.
By Senator Bailey:
Senate Bill No. 114--A Bill to amend and reenact section
three, article one, chapter twenty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
renaming the division of natural resources the division of
wildlife, recreation and parks.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Hunter, Bowman, Unger, Prezioso, Rowe and
Facemyer:
Senate Bill No. 115--A Bill to amend and reenact section six
hundred one, article six-f, chapter forty-six-a 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 six hundred two, all relating to telemarketing;
providing for a do-not-call list; and including calling a number on
the do-not-call list as an abusive telemarketing act or practice.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Bailey, Love, Weeks and Ross:
Senate Bill No. 116--A Bill to amend and reenact section two,
article five, chapter eighteen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to closing
schools for the observance of Good Friday.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Bailey, Weeks, Ross, Love, Unger, Sharpe, Hunter
and Facemyer:
Senate Bill No. 117--A Bill to amend and reenact section
eight-a, article two, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, relating to mandating an orientation program in firearms and
firearms safety in public schools; and specifying course
requirements.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Bailey, Prezioso, Unger, Weeks, Ross, Rowe,
Minard, Fanning, Jenkins, Bowman, Hunter, Facemyer, Love, Dempsey
and White:
Senate Bill No. 118--A Bill to amend and reenact section
eleven, article fifteen, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to exempting veterans' organizations from the state sales
tax.
Referred to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 119--A Bill to amend article six, chapter
twenty-nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section twenty-eight, relating to dissolving the division of
personnel and the civil service system; and providing that the
various agencies, divisions and departments of government are
responsible for their own personnel matters.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 120--A Bill to amend and reenact section two,
article one-a, chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to changing
appointment qualification rank for adjutant general from major
general to lieutenant general.
Referred to the Committee on Military.
By Senator Bailey:
Senate Bill No. 121--A Bill to amend and reenact section five,
article four, chapter five-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
authorizing the secretary of administration to request the
assistance of the division of protective services with respect to
enforcement of parking on and around the state capitol property.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Boley and Harrison:
Senate Bill No. 122--A Bill to amend chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article
thirty-one, relating to public education; requiring public schools
to comply with certain provisions of federal law governing release
and elicitation of certain information concerning students and
their families; creating protections and safeguards for students and their families in connection with mental or comprehensive
health care services or programs, including, but not limited to,
genital examinations, birth control or abortion referral, or both,
or counseling, psychiatric or psychological treatment and
experimental procedures; specifying rights of students and parents;
and specifying compliance procedures, remedies and criminal
penalties.
Referred to the Committee on Education; and then to the
Committee on Finance.
Senators Oliverio, Sharpe, Unger, Prezioso, Sprouse, Harrison,
McKenzie, Ross, Hunter, Minear, Kessler and Bowman offered the
following resolution:
Senate Concurrent Resolution No. 4--Amending Joint Rule No. 5
of the Joint Rules of the Senate and House of Delegates relating to
bill processing dates.
Resolved by the Legislature of West Virginia:
That Joint Rule No. 5 of the Joint Rules of the Senate and
House of Delegates be amended to read as follows:
Bill Processing
5. (a) In every regular session beginning after the effective
date of this rule, legislation recommended by the Governor or by
executive departments or agencies is requested to be filed in the
respective Clerks' offices and a copy sent to Legislative Services
no later than the tenth day of each regular session of a Legislature.
(b) No bill or joint resolution shall be considered on third
reading in its house of origin after the fifty-third forty-fifth
day and no bill or joint resolution shall be considered on third
reading in either house after the fifty-fifth day unless
authorization shall be granted by a concurrent resolution adopted
by a two-thirds vote of the members present of both houses:
Provided, That the budget bill or any salary or supplementary
appropriation bills may be considered at any time.
(c) This rule may be suspended by adopting a concurrent
resolution approved by a two-thirds majority of those present and
voting in each house. A house desiring to suspend this rule may
adopt a concurrent resolution and proceed as if the concurrent
resolution had been adopted in both houses and the rule suspended.
Any bill or joint resolution passed pursuant to such concurrent
resolution may be communicated to the other house with the
concurrent resolution or at any time after the concurrent
resolution has been communicated to the other house. The other
house may proceed to consider such bill or joint resolution only
after adopting the concurrent resolution. The provisions of this
rule shall not apply to any extended regular session or to any
extraordinary session.
Which, under the rules, lies over one day.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Oliverio and Minear.
On motion of Senator Chafin, the Senate adjourned until
Monday, January 13, 2003, at 11 a.m.
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