WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

SIXTH DAY

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Charleston, W. Va., Monday, January 13, 2003

     The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by Arthur Cox, a student at Messenger College, Joplin, Missouri.
     Pending the reading of the Journal of Friday, January 10, 2003,
     On motion of Senator Bowman, 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 Senate then 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. 123
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A Bill to amend and reenact section nine, article two, chapter twenty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section one, article three of said chapter; and to further amend said chapter by adding thereto a new article, designated article four-d, all relating to workers' compensation generally; providing for the elimination of the second injury and second injury reserve fund for all new claims and/or for claims where eligibility for permanent total disability has not yet been determined as of the enactment of this legislation; providing for the administration of claims by employers authorized to self-insure their obligations; promulgation of rules by the commissioner; establishing special account known as workers' compensation deficit reduction account; transferring certain assets of the workers' compensation division to the workers' compensation deficit reduction account; transferring certain workers' compensation claim liabilities to the workers' compensation deficit reduction account; providing funding of payments for claim liabilities; providing for reduction of the fund deficit over an established period of time; transferring of interest earned to the workers' compensation deficit reduction account; authorizing the workers' compensation division to borrow from workers' compensation fund assets to meet immediate claim and operating expenses; requiring the workers' compensation division to provide the commissioner annually an estimate of the expected claim payments from the fund; and establishing an assessment process to ensure collection of sufficient income.
     Referred to the Committee on Economic Development; and then to the Committee on the Judiciary.
     By Senators Edgell, Unger, McCabe, Sprouse, Snyder, Ross and Minear:
     Senate Bill No. 124
--
A Bill to amend article two, chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one hundred forty, relating to the use of checks or account debits for loans or cash advances made for personal, family or household purposes.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary
.
     By Senators Hunter and Prezioso:
     Senate Bill No. 125
--
A Bill to amend article ten, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-two-h, relating to providing a one-time supplement for certain annuitants of the West Virginia public employees retirement act who retired with a disability.
     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. 126
--
A Bill to amend and reenact section two, article eleven-a, chapter four of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend chapter eleven of said code by adding thereto a new article, designated article thirteen-t; to amend and reenact section seven, article twelve-b, chapter twenty-nine of said code; to further amend said article by adding thereto a new section, designated section fifteen; to amend and reenact section four, article ten, chapter thirty-eight of said code; to amend and reenact sections one, two, seven, eight, nine and ten, article seven-b, chapter fifty-five of said code; and to further amend said article by adding thereto two new sections, designated sections twelve and thirteen, all relating to medical professional liability generally; providing a tax credit for certain health care providers based upon payment of medical malpractice liability tail insurance premiums; setting forth legislative findings and purpose; defining terms; creating tax credit and providing eligibility; establishing amount of credit; providing for forfeiture of excess credit; providing for the application of the tax credit; requiring annual schedule; specifying effect of credit on computation of estimated taxes; providing for the computation and application of credit; authorizing tax commissioner to promulgate legislative rules; establishing burden of proof relating to claiming the credit; establishing effective date for credit; providing for termination of tax credit; eliminating certain eligibility requirements for participation in the West Virginia health care provider professional liability insurance program; increasing exemption available to certain physicians' and surgeons' debtors in bankruptcy proceedings; medical professional liability civil actions; providing legislative findings and purpose; providing definitions; modifying the qualifications for experts who testify in medical professional liability actions; limiting liability for certain noneconomic loss; providing for severability; eliminating joint, but not several, liability among multiple defendants in medical professional liability actions; reducing damage awards for certain collateral source payments to plaintiffs; limiting civil liability for trauma care; establishing exceptions to limitation of liability; and establishing effective date.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary
.
     By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
     Senate Bill No. 127
--
A Bill to amend and reenact section three, article four, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections two, six-a and eight, article five, chapter seventeen-c of said code; to amend and reenact sections one, one-a, two and three-a, article five-a of said chapter; to amend and reenact section sections eighteen and eighteen-b, article seven, chapter twenty of said code; and to amend and reenact section one, article six-a, chapter thirty-three of said code, all relating to driving under the influence of alcohol, controlled substances or drugs; and reducing the allowable blood alcohol content for driving under the influence from ten hundredths to eight hundredths of one percent of body weight.
     Referred to the Committee on the Judiciary.
     By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
     Senate Bill No. 128
--
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 establishing the "All-Terrain Vehicle Safety Regulation Act"; providing definitions; regulating the operation of all-terrain vehicles on certain public roads, state roads and state recreation areas; prohibiting operation of all- terrain vehicles on another person's property without permission; requiring wearing of helmets on all-terrain vehicles by persons under the age of eighteen on public property and by persons sixteen and under when on another's private property; prohibiting passengers by a person under the age of eighteen on public property; prohibiting the use of all-terrain vehicles on public property without a valid operator's license or completion of an all-terrain vehicle training course; prohibiting operation of all- terrain vehicles while under the influence of drugs or alcohol or in a careless or reckless manner; setting speed limits while on public property; requiring illuminated lamps while on public property; allowing pursuit by police officers on private lands; prohibiting buying of certain sized all-terrain vehicles for use by children; requiring operation in accordance with the act; setting forth requirements for those selling, leasing or renting all- terrain vehicles; requiring accident reports; and providing criminal penalties.
     Referred to the Committee on Transportation; and then to the Committee on the Judiciary
.
     By Senators Facemyer, Bailey, Minear, White, Smith, Harrison, Sprouse and Minard:
     Senate Bill No. 129
--
A Bill to amend and reenact section three, article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, 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 the Judiciary.
     By Senator Bailey:
     Senate Bill No. 130
--
A Bill to amend chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article ten-c, relating to the "West Virginia Wild Game Breeder's and Dealer's Licensing Act"; short title; legislative findings; definitions; license and fees for the breeding, rearing, dealing, taking and killing of gamestock; enclosures and pens for gamestock; removal of gamestock from licensed premises and identification of the removed gamestock; records of transactions; inspection of records and facilities by the commissioner of agriculture; investigation of complaints; orders and hearings; suspensions, revocations and refusals of licenses; importing gamestock into the state; health inspection requirements; requirement for a health certificate; commissioner of agriculture to enforce and propose rules to administer the article; and criminal and civil penalties for violation of this article or commissioner's rules.
     Referred to the Committee on Natural Resources; and then to the Committee on Finance .
     By Senators Boley, Minear, Prezioso, Unger, Smith, Weeks and Facemyer:
     Senate Bill No. 131
--
A Bill to amend article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifty-four; and to amend article one, chapter sixteen of said code by adding thereto a new section, designated section nineteen, all relating to creating an Alzheimer's caregiver assistance program to provide respite services for informal caregivers of individuals with Alzheimer's disease.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance .
     By Senator Boley:
     Senate Bill No. 132
--
A Bill to amend article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-ll; and to amend and reenact section two, article three-a, chapter sixty of said code, all relating to granting counties the option of selling liquor retail within a thirty-mile radius in which no private retail establishments that sell liquor are located.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance .
     By Senator Boley:
     Senate Bill No. 133
--
A Bill to amend and reenact article twenty-two-d, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to establishing the "West Virginia Dollars for Scholars Program"; providing low-cost loans to high school students with a "C" average or better who will be attending a college or university in this state; and forgiveness of loan when continuing West Virginia residency upon graduation.
     Referred to the Committee on Education; and then to the Committee on Finance .
     By Senators McKenzie, Weeks, Minear, Bowman and Sharpe:
     Senate Bill No. 134
--
A Bill to amend and reenact section twenty-eight, article eight, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the protection of an individual's privacy rights.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance .
     By Senators McKenzie, Weeks, Sprouse, Minear, Bowman, Oliverio, Hunter, Kessler, Jenkins, Minard and Fanning:
     Senate Bill No. 135
--
A Bill to amend article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-one, relating to limiting the liability of physicians who render services without remuneration to indigent individuals in need of medical services.
     Referred to the Committee on the Judiciary.
     By Senators McKenzie and Bowman:
     Senate Bill No. 136
--
A Bill to amend and reenact section four, article three, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing an exemption from mandatory immunizations for good cause or due to religious prohibition.
     Referred to the Committee on the Judiciary.
     By Senators Love and Smith:
     Senate Bill No. 137
--
A Bill to amend and reenact section six, article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to imposing a statewide grading scale.
     Referred to the Committee on Education; and then to the Committee on Finance .
     By Senators Ross and Sharpe:
     Senate Bill No. 138
--
A Bill to amend and reenact article ten, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to arbitration cases; definitions; application and effect of arbitration; compelling and staying arbitration; consolidating separate proceedings; appointing arbitrator; process; witnesses; award and its enforcement; and other judicial relief.
     Referred to the Committee on the Judiciary.
     By Senator Bailey:
     Senate Bill No. 139
--
A Bill to repeal articles four and four- a, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section four, article one of said chapter; and to amend and reenact sections two and five, article six of said chapter, all relating to abolishing the use of voting machines and electronic voting systems during primary and general elections in this state; and requiring voting by paper ballots.
     Referred to the Committee on the Judiciary.
     By Senators Love, McKenzie, Prezioso, Dempsey, Unger, Hunter, Oliverio, Ross, Sharpe and Rowe:
     Senate Bill No. 140
--A Bill to amend article one, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twelve; to amend article six, chapter twenty-nine of said code by adding thereto a new section, designated section ten-b; to amend and reenact section twenty-seven, article twenty, chapter thirty-one of said code; and to amend article five-e, chapter forty-nine of said code by adding thereto a new section, designated section five-b, all relating to the salaries and classifications of certain employees of the division of corrections, the division of juvenile services and the regional jail and correctional facility authority.
     Referred to the Committee on Finance .
     By Senators Rowe and Hunter:
     Senate Bill No. 141
--
A Bill to amend article nine, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-five, relating to elections; requiring that campaign advertising and communications disclose the party affiliation of the candidate or committee authorizing same; and providing criminal penalties.
     Referred to the Committee on the Judiciary.
     By Senators Boley, Sprouse and Minear:
     Senate Bill No. 142
--
A Bill to amend and reenact section nine, article one-c, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to changing the time for periodic valuations and assessments of real and personal property; and providing for a three-percent cap on any increase in one year.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance .
     By Senators Prezioso, Bowman, Sprouse, Minear, McKenzie, Unger, Caldwell, Fanning, Smith, Weeks, Hunter, McCabe, White, Rowe, Jenkins, Minard, Snyder, Sharpe, Ross, Dempsey, Love, Deem, Facemyer, Oliverio, Edgell and Kessler:
     Senate Bill No. 143
--
A Bill to amend and reenact section thirty-four, article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing high school diplomas to veterans who left school prior to high school graduation due to service in the military.
     Referred to the Committee on Military; and then to the Committee on Education .
     By Senators Ross, White, Weeks, Minear, Sharpe, Caldwell, Sprouse, Fanning, Facemyer and Hunter:
     Senate Bill No. 144
--
A Bill to amend and reenact section fifteen, article thirteen, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing landowners to enter small streams and ditches for the purpose of removing debris to prevent flooding without criminal or civil liability.
     Referred to the Committee on the Judiciary.
     By Senator Ross:
     Senate Bill No. 145
--A Bill to amend and reenact sections three, fifteen and sixteen, article nine-d, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the distribution of moneys by the school building authority; providing that county school boards may spend authority moneys on any school that has been included in an approved comprehensive educational facilities plan; providing that no one criterion, especially the economies of scale, may dominate other statutory criteria when decisions are made to award grant moneys; and requiring the school building authority to undergo legislative rule-making review and have its guidelines approved as legislative rules.
     Referred to the Committee on Education; and then to the Committee on Finance .
     By Senators Hunter, Prezioso, Unger and Dempsey:
     Senate Bill No. 146
--
A Bill to amend article seven-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 twenty-six-t, relating to increasing supplemental benefits to certain teacher retirement annuitants.
     Referred to the Committee on Pensions; and then to the Committee on Finance .
     By Senator Chafin:
     Senate Bill No. 147
--
A Bill to amend and reenact section three, article three-c, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to permitting that confidential proceedings, testimony and records are subject to subpoena.
     Referred to the Committee on the Judiciary.
     By Senator Love:
     Senate Bill No. 148
--
A Bill to amend and reenact section six- b, article six, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to using wireless enhanced 911 fees to provide wireless enhanced 911 service in those counties without total wireless coverage.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance .
     By Senators Hunter, White, Rowe, Unger, Dempsey and Love:
     Senate Bill No. 149
--
A Bill to amend chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-nine-c, relating to the "prescription drug assistance project"; setting forth definitions; providing that the department of health and human resources request a waiver of federal law; providing for eligibility criteria; providing for fees and a copayment schedule; creating the "prescription drug price reduction fund"; setting forth purposes of the fund; setting forth sources for the fund to be funded; providing the secretary of health and human resources may transfer moneys from the fund to elderly low- cost drug programs established or maintained in this state; providing for a rebate agreement with drug manufacturers; providing for a rebate amount; providing for discounted prices for qualified residents; providing for the operation of the program; providing that the department administer the program and other medical and pharmaceutical assistance programs; authorizing the department to coordinate with other programs; requiring the department to propose legislative rules to implement the program; and providing for the drug rebate program.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance .
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 4, Amending Joint Rule No. 5 relating to bill processing.
     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.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, January 14, 2003, at 11 a.m.
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