WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

NINTH DAY

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Charleston, W. Va., Thursday, January 16, 2003

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

     Prayer was offered by the Reverend Charles Steele, Calvary Baptist Church, Charleston, West Virginia.
     Pending the reading of the Journal of Wednesday, January 15, 2003,
     On motion of Senator Boley, 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 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 Real Estate Appraiser Licensing and Certification Board, submitting its annual report as required by chapter thirty, article thirty-eight, 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 Department of Tax and Revenue, submitting its annual report of gasoline and special fuel excise tax revenue, in accordance with chapter eleven, article fourteen, section three of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Senate proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2003, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2051--A Bill to amend and reenact section seven, article five, chapter eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to reducing the semester or term hours required for eligibility; removing the requirements that students be independent and not been enrolled in secondary program for at least two years; requiring rule provisions to provide for set aside and distribution of funds for certain noncredit and customized training programs; and requiring rule provisions on grant availability for approved distance education.
     Referred to the Committee on Education; and then to the Committee on Finance.
     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. 2077--A Bill to amend and reenact section one-b, article two, chapter twenty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to removing the requirement that the joint committee on government and finance be given reports on the Colin Anderson closure and relocation of patients.
     Referred to the Committee on Government Organization.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2003, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2082--A Bill to amend and reenact sections two and five, article one-b, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to education; higher education; higher education policy commission; commission membership; chancellor for higher education; commission staff; and compensation.
     Referred to the Committee on Education; and then to the Committee on Finance.
     The Senate proceeded to the fourth order of business.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     Senate Bill No. 71, Exempting certain groups from vehicle registration fees.
     And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
     The bill, 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 were introduced, read by their titles, and referred to the appropriate committees:
     By Senators Oliverio, Tomblin (Mr. President), Helmick, Guills, Minear, Weeks, Jenkins, Sprouse, Ross, McKenzie, Bowman, Fanning, Facemyer, Love, Unger and Sharpe:
     Senate Bill No. 161--A Bill to repeal section fifteen, article five, chapter twenty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to appeals from the workers' compensation appeal board to the supreme court of appeals.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Rowe:
     Senate Bill No. 162--A Bill to amend and reenact section fourteen, article two, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to motor vehicles; and expunging motor vehicle license information for nineteen-year-olds when denials, suspensions or revocations of their licenses are due to school attendance.
     Referred to the Committee on the Judiciary.
     Senators Minear, Hunter, Ross and White offered the following resolution:
     Senate Resolution No. 5--Acknowledging the Alliance of West Virginia Champion Communities and its efforts for revitalization.
     Whereas, The Alliance of West Virginia Champion Communities is a collaboration of citizen-led, community-based partnerships that is implementing strategic visions for change; and
     Whereas, The Alliance of West Virginia Champion Communities is an informal network of seven federally designed champion communities. These seven communities represent a portion or all of Summers, Greenbrier, Fayette, Webster, Nicolas, Lincoln, McDowell, Clay, Braxton, Roane, Barbour and Wyoming counties; and
     Whereas, Each champion community is established to improve economic and community development of rural regions and to mitigate the negative effects due to lack of employment opportunities and job losses, affordable housing, educational resources and social services to rural communities. Each champion community also creates an environment for communities to find strategies to solve their own problems and gain sustainable development; and
     Whereas, The champion community program is designed to afford communities real opportunities for growth and revitalization by embodying four key principals: Economic opportunity, sustainable community development, community-based partnerships and strategic visions for change; therefore, be it
     Resolved by the Senate:
     That the Senate hereby acknowledges the Alliance of West Virginia Champion Communities and its efforts for revitalization; and, be it
     Further Resolved, That the Senate hereby commends those citizens who are involved in the Alliance of West Virginia Champion Communities for offering their insight, knowledge and strategies which can build community improvement; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the Alliance of West Virginia Champion Communities.
     At the request of Senator Minear, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 163 (originating in the Committee on Government Organization)--A Bill to amend and reenact section seven-a, article two, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the driver's licensing advisory board.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 164 (originating in the Committee on Government Organization)--A Bill to amend and reenact section thirteen, article two-a, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the continuation of the office of coalfield community development.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 165 (originating in the Committee on Government Organization)--A Bill to amend and reenact section six, article twenty-six-a, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the West Virginia commission for national and community service.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 166 (originating in the Committee on Government Organization)--A Bill to amend and reenact section four, article seven, chapter twenty-two-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the oil and gas inspectors' examining board.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 6, Requesting Joint Committee on Government and Finance study traffic control on turnpike and certain highways.
     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 ninth order of business.
     Senate Bill No. 52, Eliminating certain bond on out-of-state defendants in automobile accident cases.
     On second reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator McKenzie, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, January 17, 2003, at 11 a.m.
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