WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

EIGHTH DAY

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Charleston, W. Va., Wednesday, January 15, 2003

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

     Prayer was offered by Father Eric Hall, Sacred Heart Co- Cathedral, Charleston, West Virginia.
     Pending the reading of the Journal of Tuesday, January 14, 2003,
     On motion of Senator Helmick, 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 third order of business.
     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. 2001--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, relating to restricting public access to military discharge forms recorded in the county clerks office.
     Referred to the Committee on the Judiciary.
     The Senate proceeded to the fourth order of business.
     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. 81, Relating to claims for homestead exemption.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 81 (originating in the Committee on the Judiciary)--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.
     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,
                               Jeffrey V. Kessler,
                               Chair.
     The bill (Com. Sub. for S. B. No. 81), under the original double committee reference, was then referred to the Committee on Finance.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
     By Senators Plymale, Jenkins, Facemyer, Smith and Rowe:
     Senate Bill No. 155--A Bill to establish the western West Virginia highway authority to include representatives from Cabell, Mason, Jackson, Putnam and Wayne counties; appointment of officers; and powers of authority.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Snyder:
     Senate Bill No. 156--A Bill to amend article thirteen-b, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-three; to amend article one, chapter seventeen-e of said code by adding thereto a new section, designated section twenty-six; to amend and reenact section twelve- b, article three, chapter twenty-nine of said code; and to amend chapter thirty of said code by adding thereto a new article, designated article forty-one, all relating to renewal and notification requirements and procedures for various professions, occupations and others who hold licenses or permits to engage in certain business-related activities.
     Referred to the Committee on Government Organization.
     By Senators Bailey and Ross:
     Senate Bill No. 157--A Bill to amend and reenact section eight, article two-a, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring legislative approval before a road, highway or bridge may receive a scenic or memorial designation.
     Referred to the Committee on Transportation.
     By Senators Hunter, Rowe, McCabe, White, Sprouse, Unger, Dempsey, Kessler, Oliverio, Jenkins and Caldwell:
     Senate Bill No. 158--A Bill to amend chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twelve, relating to elections generally; establishing the West Virginia clean elections act; providing that the provisions of the act are applicable to candidates for the office of governor and candidates for seats in the Legislature; setting forth certain legislative findings and declarations; defining certain terms; setting forth eligibility criteria for qualifying party-independent candidates; requiring qualifying candidates to comply with all provisions of the act; prohibiting participating candidates from accepting private contributions other than specifically set forth in the act; requiring candidates to keep records and report to the state election commission; prohibiting the use of personal funds for certain purposes; providing for seed money contributions; requiring the state election commission to certify eligible candidates; providing that qualified candidates shall receive funding for election campaigns from the clean elections fund; specifying amounts of such funds for each office; requiring certain disclosures; setting forth certain duties of the state election commission; establishing a clean elections fund; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act; and setting forth an effective date.
     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. 159--A Bill to amend article nine, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-two, relating to providing that persons who are otherwise eligible and whose income is at or below two hundred percent of the federal poverty level are eligible for child care assistance.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senators Hunter, White, Unger, Prezioso, Caldwell, Oliverio, Dempsey, Ross, Love, Minear, Bowman and McKenzie:
     Senate Bill No. 160--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; and providing the supplemental benefit may not be increased after the first two years in which it is received.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senators Sharpe, Fanning, Edgell, Dempsey, Boley, Weeks, Smith, Bailey, Oliverio, Ross, Minard, Prezioso, Chafin, Hunter, Facemyer, Guills, Unger, Bowman, McKenzie, Minear, Harrison, McCabe, Love, Jenkins, Caldwell, Sprouse, White, Helmick, Tomblin (Mr. President) and Plymale:
     Senate Joint Resolution No. 3--Proposing an amendment to the Constitution of the State of West Virginia, amending section fifty- one, article VI thereof, relating to the judiciary; budget and supplementary appropriation bills; authority of the Legislature to increase or diminish the judiciary budget; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
     Referred to the Committee on Finance.
     Senators Caldwell, Rowe, Ross, Sharpe and Bailey offered the following resolution:
     Senate Concurrent Resolution No. 6-- Requesting the Joint Committee on Government and Finance study traffic control procedures on the West Virginia Turnpike and other controlled- access highways in the state to better provide for traveler safety, comfort and convenience during periods of traffic interruption.
     Whereas, The West Virginia Turnpike and other controlled- access highways are vital highways through the state; and
     Whereas, These controlled-access highways are crucial to tourism and travel in the state; and
     Whereas, As a result of traffic interruptions, travelers are now frequently confined to their cars for long periods of time on highways without the ability to safely exit the highway, without information as to the expected length of the traffic interruption, without means of communication and without means to meet immediate health or other personal needs; and
     Whereas, The increased potential for acts of domestic or foreign terrorism adds to the existing threat of traffic interruptions now resulting from wrecks, chemical spills, bridge or road repairs, environmental disasters or other causes; and
     Whereas, It is imperative that travelers on these controlled-access highways be assured that the state will take all reasonable measures to provide for their safety, comfort and convenience during periods of traffic interruption; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is requested to study traffic control procedures on the West Virginia Turnpike and other controlled-access highways in the state to better provide for traveler safety, comfort and convenience during periods of traffic interruption ; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
      Which, under the rules, lies over one day.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 5, Requesting Division of Highways name bridge near Jackson's Mill "Homer Bennett Bridge".
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation.
     The Senate then proceeded to the tenth order of business.
     Senate Bill No. 52, Eliminating certain bond on out-of-state defendants in automobile accident cases.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senators Prezioso and Hunter.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, January 16, 2003, at 11 a.m.
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