WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

THIRTEENTH DAY

____________

Charleston, W. Va., Monday, January 20, 2003

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

     Prayer was offered by the Reverend Garland Johnson, First Missionary Baptist Church, London, West Virginia.
     Brenda Johnson then proceeded in the singing of "Lift Every Voice and Sing".
     Pending the reading of the Journal of Friday, January 17, 2003,
     On motion of Senator Bailey, 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.
     At the request of Senator Chafin, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant United States military veterans privileges of the floor for the day.
     The Clerk presented a communication from the Division of Banking, submitting its annual consumer affairs report as required by 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.
     The Senate proceeded to the fourth order of business.
     Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
     Your Committee on Economic Development has had under consideration
     Senate Bill No. 123, Relating to workers' compensation generally.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 123 (originating in the Committee on Economic Development)--A Bill to repeal section seven- b, article four, chapter twenty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal section fourteen, article five of said chapter; to amend and reenact section seventeen, article ten, chapter five of said code; to amend and reenact section thirty-three-d, article three, chapter five-a of said code; to amend and reenact sections four and five, article three, chapter five-b of said code; to amend and reenact sections one and five, article two, chapter five-f of said code; to amend and reenact section two-a, article seven, chapter six of said code; to amend and reenact section seven, article twelve, chapter eleven of said code; to amend and reenact section four, article one-a, chapter twelve of said code; to amend and reenact section six, article six of said chapter; to amend and reenact section ten, article two, chapter fifteen of said code; to amend and reenact section fifteen, article one, chapter sixteen of said code; to amend and reenact section three, article twenty-nine-d of said chapter; to amend and reenact section three, article thirty-six of said chapter; to amend and reenact section twenty-six, article nine-a, chapter eighteen of said code; to amend and reenact section twelve-a, article ten-a of said chapter; to amend and reenact section two, article ten-k of said chapter; to amend and reenact section three, article three-a, chapter twenty-one of said code; to amend and reenact section four, article one, chapter twenty-one-a of said code; to amend and reenact sections six, six-c and thirteen, article two of said chapter; to amend and reenact sections one through seven, inclusive, article three of said chapter; to amend and reenact section eleven, article ten of said chapter; to amend and reenact section eight, article three, chapter twenty-two of said code; to amend and reenact sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, seventeen and eighteen, article one, chapter twenty-three of said code; to further amend said article by adding thereto eight new sections, designated sections one-a, one- b, one-c, one-d, one-e, one-f, one-g and four-a; to amend and reenact sections one, one-c, one-d, two, three, four, five, six, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen and seventeen, article two of said chapter; to amend and reenact section one, article two-a of said chapter; to amend and reenact sections one, two and three, article two-b of said chapter; to amend and reenact sections one, one-a, two, three, and five, article three of said chapter; to further amend said article by adding thereto a new section, designated section one-b; to amend and reenact sections one, one-a, one-b, one-c, one-d, one-e, two, three, three-b, three-c, four, six, six-a, six-b, six-d, seven, seven-a, eight, eight-a, eight-b, eight-c, nine, nine-b, ten, eleven, twelve, fourteen, fifteen, fifteen-a, fifteen-b, sixteen, sixteen-a, seventeen, eighteen, twenty, twenty-two, twenty-three, twenty-four and twenty-five, article four of said chapter; to further amend said article by adding thereto a new section, designated section one-g; to amend and reenact sections one, three, five, six, seven and eight, article four-a of said chapter; to amend and reenact sections two, five, six, seven, eight and eight- a, article four-b of said chapter; to amend and reenact sections two, three, four and five, article four-c of said chapter; to amend and reenact sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, fifteen, seventeen and eighteen, article five of said chapter; to amend and reenact sections one and two, article five-a of said chapter; to amend and reenact section two, article eight, chapter twenty-six of said code; to amend and reenact sections one hundred twenty-five and one hundred thirty- one, article eighteen, chapter forty-eight of said code; and to amend and reenact section twenty-four-g, article three, chapter sixty-one of said code, all relating to workers' compensation generally; repealing provisions relating to trial return to work; repealing provisions relating to disqualification of workers' compensation appeal board members; removing workers' compensation from the bureau of employment programs; creating workers' compensation commission as an independent agency assuming all duties of division; transferring workers' compensation office of judges and the appeal board to department of administration; establishing salaries for members and the chief judge of the workers' compensation appeal board; changing the name of the compensation programs performance council to the state advisory council for the bureau of employment programs; transferring certain powers of the compensation programs performance council to the bureau of employment programs and the state advisory council; requiring rules to be filed as legislative rules; clarifying terms of state advisory council members; precluding political candidates, political party officer or office-holders from sitting on the state advisory council; establishing compensation for advisory council members and limiting number of days per year for which an advisory council member may be compensated; reporting requirements for employers; creating the board of managers; establishing composition of board; establishing qualifications for membership; establishing appointment procedures for members; setting forth the powers and duties of board; providing for payment withholding and interception of moneys of certain employers to ensure compliance with unemployment and workers' compensation laws; providing penalties for failure to withhold or intercept payments; authorizing interagency agreements between bureau of employment programs and workers' compensation commission; creating the board of managers nominating committee and setting forth its composition and responsibilities; adopting workers' compensation rules by commission; continuing workers' compensation division until the first day of July, two thousand three; requiring commission to report to the commission on economic development; providing for salaries and expenses; requiring performance bonds under certain circumstances; providing for associate director to assume authority in absence of executive director; authorizing the executive director to hire certain administrative, managerial and supervisory employees; authorizing certain commission employees to administer oaths; providing for issuance and enforcement of agency subpoenas; establishing fees; defining employer; allowing specified groups of employers to self insure their obligations to the commission; authorizing self-insured employers to administer claims; requiring self-insured employers to comply with the law and commission rules; authorizing the commission to determine the full accrued value of a defaulting self-insured employer based on generally accepted actuarial and accounting principles; setting forth powers and duties of the executive director to regulate self-insured employers; establishing penalties for self-insured employers and third-party administrators for violations of this chapter; prohibiting self-insured employers from contracting with third- party administrators who have not been approved by the commission; allowing for subrogation and making it effective for claims arising from a cause of action which arose or accrued after the effective date of this legislation; eliminating the second injury fund; creating deficit elimination fund; granting custody of fund to the state treasurer; requiring investment of deficit reduction fund; providing funding for deficit elimination through joint employer and employee payroll tax; requiring the commission to promulgate rules for operation of the fund; authorizing investment management board to invest surplus moneys to fund; reporting requirements of self-insurers; requiring commission to make a decision on compensability of a claim within fifteen days; prohibiting a claimant from receiving both temporary total disability benefits and certain other employer-provided short-term disability benefits; requiring award of permanent partial disability benefits be made as expeditiously as possible; providing for weighing of evidence and application of rule of liberality; providing that vendors must submit bills for services within one year of provision of the service; authorizing employers to create physician panels; requiring injured employees to chose a physician from the panel; creating an exception for emergency treatment; allowing injured employees to choose physician if employer protest compensability of claim; reducing maximum weekly benefit for temporary total disability to sixty-six and two-thirds percent of the average weekly wage of the employee; increasing to fifty percent the percentage of whole body impairment which establishes a rebuttable presumption of permanent total disability; providing that permanent total disability benefits are subject to old age social security offsets for claimants injured on or after the first day of July, two thousand three; reducing permanent partial disability benefits to seventy percent of the average weekly wage of the claimant not to exceed sixty-six and two-thirds percent of the average weekly wage in West Virginia; providing that reductions in benefit rates affect claimants injured on or after the first day of July, two thousand three; requiring the executive director to promulgate a rule to establish requirements for an application for permanent total disability benefits; providing that upon adoption of the rule on application requirements no claim for permanent total disability benefits may be sent to the interdisciplinary examining board without an application; providing for the establishment of an onset date for permanent total disability benefits as of the date of application; providing that a claimant must have been awarded fifty percent permanent partial disability prior to applying for permanent total disability; creating a definition of permanent total disability; eliminating the five-percent presumptive award of occupational pneumoconiosis without measurable impairment; increasing vocational rehabilitation services; providing that the commission may suspend benefits to a claimant for refusing, without good cause, to be examined by a physician; removing certain office- set provisions; removing mediation provisions; authorizing appointment of chief administrative law judge by secretary of department of administration; continuing the incumbent; providing for removal only for specified misconduct; providing that the commission must fund the office of judges and the appeals board; allowing office of judges to promulgate procedural rules; providing for appeal of office of judges' decision to the appeals board; providing for appeals of compensability as matter of right, all other appeals within discretion of board; establishing time frames for appeals; establishing standards for appeal; creating full-time three judge appeal board; providing for appointment by the governor for staggered six-year terms; authorizing board to develop rules of procedure; establishing qualifications of judges; requiring monthly reports to the board of managers; providing for remand of cases; providing for appeals from the board to the West Virginia supreme court of appeals; continuing the board; and making technical corrections and removing archaic language throughout.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Brooks F. McCabe, Jr.,
                               Chair.
     The bill (Com. Sub. for S. B. No. 123), under the original double committee reference, was then referred to the Committee on the Judiciary.
     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 Sprouse, Smith, Minear, Guills and Weeks:
     
Senate Bill No. 176--A Bill to amend and reenact section six, article twenty-three, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the business franchise tax generally; and providing for the rollback of the business franchise tax until it is eliminated.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senator Sharpe:
     
Senate Bill No. 177--A Bill to amend and reenact section three-a, article two-a, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the authority of the aeronautics commission to expend funds.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Oliverio, McKenzie and Rowe:
     
Senate Bill No. 178--A Bill to amend and reenact section two, article two-a, chapter fifty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to subject matter jurisdiction in the family courts; and including in that jurisdiction all actions for payment of attorney fees, property distribution and spousal support.
     Referred to the Committee on the Judiciary.
     By Senators Caldwell, Hunter, Prezioso, Unger, Dempsey, Fanning and Rowe:
     
Senate Bill No. 179--A Bill to amend and reenact section eighteen-a, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to limiting the total number of students a teacher is required to teach.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senator Tomblin (Mr. President):
     
Senate Bill No. 180--A Bill to amend and reenact section six, article nine-d, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the school building authority and fund; and providing for school building on a cash basis.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Edgell, Dempsey, Plymale, Harrison, Boley, Weeks, Kessler, Minear, Guills and Unger:
     
Senate Bill No. 181--A Bill to amend and reenact section one, article eight, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to home school instruction; and removing the requirement that the person providing instruction have four years' higher formal education than the most academically advanced child.
     Referred to the Committee on Education.
     By Senators Rowe, McCabe, Hunter and White:
     
Senate Bill No. 182--A Bill to amend and reenact section forty-six, article fifteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to child passenger safety seats, booster seats and safety devices; requiring every driver transporting children less than nine years of age in certain motor vehicles to maintain and secure the child in a child passenger safety seat or booster seat or other safety device meeting federal motor vehicle safety standards; and providing that a seat belt meets this requirement for children at least four years of age or over forty pounds in weight.
     Referred to the Committee on Transportation.
     By Senators Ross, Love, White, Kessler, Dempsey, Minear and Sharpe:
     
Senate Bill No. 183--A Bill to amend and reenact sections one, four and seven, article eight, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections two and three, article twenty-eight of said chapter, all relating to extending the compulsory period of school attendance to age eighteen.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senator Oliverio (By Request):
     
Senate Bill No. 184--A Bill to amend article fourteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifteen, relating to creating the criminal offense of the unlawful use of mobile telephones; and providing penalties.
     Referred to the Committee on the Judiciary.
     By Senators Bowman, Kessler, McCabe, Jenkins, Dempsey and Plymale:
     
Senate Bill No. 185--A Bill to amend article twenty-four, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto two new sections, designated sections eighty-six and eighty-seven, all relating to proffers.
          Referred to the Committee on Government Organization.
          By Senators Bowman, Kessler, McCabe and Dempsey:
          
Senate Bill No. 186--A Bill to amend and reenact section three, article twenty-four, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to planning and zoning; and defining aggrieved person for purposes of board of zoning appeals.
          Referred to the Committee on the Judiciary.
          Senator Chafin offered the following resolution:
          Senate Concurrent Resolution No. 7--Requesting the Division of Highways name the bridge on Route 80 at Verner, Mingo County, the "William Chapman Browning Bridge".
          Whereas, In the early 1860s, William Chapman Browning was one of the first settlers of Verner; and
          Whereas, William Chapman Browning was a 2nd lieutenant during the Civil War; and
          Whereas, William Chapman Browning owned a saw mill and a trading post in Verner. He also operated a ferrying business across the Guyandotte River; and
          Whereas, William Chapman Browning lived a long and productive life until his death in 1895; therefore, be it
          Resolved by the Legislature of West Virginia:
          
That the Legislature hereby requests the Division of Highways name the bridge on Route 80 at Verner, Mingo County, the "William Chapman Browning Bridge"; and, be it
          Further Resolved, That the Division of Highways provide and erect a sign at either end of the bridge displaying the name "William Chapman Browning Bridge"; and, be it
          Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
          Which, under the rules, lies over one day.
          Senators Bowman, Minard, Love, Dempsey, Rowe, Unger, Ross, Sharpe and White offered the following resolution:
          Senate Concurrent Resolution No. 8--Requesting the Joint Committee on Government and Finance continue study of the current methods of approving and managing renovation and restoration projects for areas of the state capitol complex that are of great value and historical significance to the citizenry of West Virginia and to further study the need to locate, protect and restore furnishings and architectural aspects of the state capitol building.
          Whereas, The capitol building is a representation of the history, culture and pride of the State of West Virginia and of its citizenry; and 
          Whereas, The furnishings originally prescribed by architect Cass Gilbert, which once adorned the state capitol building, have been mistreated, lost or otherwise disposed of; and
          Whereas, Historically and culturally related original architectural aspects of the capitol building have been destroyed or hidden beneath years of poorly coordinated renovations and repairs; and
          Whereas, The protective regulatory power of the Capitol Building Commission has been ignored or bypassed in order to secure short-term solutions for problems; and
          Whereas, There is a need to ensure that the protective mandates of the Capitol Building Commission are followed in order to guarantee that future generations of West Virginians are allowed to enjoy the cultural heritage represented in the state capitol building; and
          Whereas, The Legislature has studied this topic during the 2002-2003 interim session and has recommended that this subject receive further study during the 2003-2004 interim period; therefore, be it
          Resolved by the Legislature of West Virginia:
          That the Joint Committee on Government and Finance is hereby requested to continue to review, examine and study the current methods of approving and managing renovation and restoration projects for areas of the state capitol complex that are of great value and historical significance to the citizenry of West Virginia and to further study the need to locate, protect and restore furnishings and architectural aspects of the state capitol building; 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.
          Senators Bowman, Minard, Love, Dempsey, Unger, Caldwell, Rowe, Fanning, Sharpe, Prezioso, Jenkins, McCabe, White, Ross, Hunter, Facemyer, Sprouse, Smith, Plymale, Chafin, Minear, Kessler, Edgell, Bailey, Weeks and Guills offered the following resolution:
          Senate Concurrent Resolution No. 9--Requesting the Joint Committee on Government and Finance study the feasibility of establishing a special residential community for senior citizens.
         Whereas, The establishment of a special residential community for senior citizens would enhance West Virginia's opportunity to display its natural beauty and attract senior citizens to our state; and
          Whereas, A residential community of senior citizens could be located where it would be accessible to activities designed for senior citizens and to skilled medical care; and
          Whereas, The establishment of a senior community in West Virginia would generate revenue, enhance business and provide jobs; and
          Whereas, The Legislature has studied this topic during the 2002-2003 interim session and has recommended that this subject receive further study during the 2003-2004 interim session; therefore, be it
          Resolved by the Legislature of West Virginia:
          
That the Legislature hereby requests the Joint Committee on Government and Finance study the feasibility of establishing a special residential community for senior citizens in West Virginia; 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.
          Senators Hunter, Caldwell, Bailey, Dempsey, Minard, Oliverio, Boley, Deem, Weeks, Prezioso, Unger, Rowe, Love, Ross, Harrison, Smith, Minear, Facemyer, Kessler, Plymale, Helmick, Chafin, Bowman, Edgell, Snyder, McCabe, White, Fanning, Jenkins, Sharpe, McKenzie, Sprouse and Tomblin (Mr. President) offered the following resolution:
          Senate Resolution No. 7--Recognizing the heroic service of America's veterans and designating Monday, January 20, 2003, as "Veterans Visibility Day" at the Legislature.
          Whereas, From the Revolutionary War, which gave America its freedom, to recent struggles, America's men and women have always risen to the call of duty in order to not only preserve our freedom but to help maintain freedom throughout the world; and
          Whereas, Per capita, more citizens from West Virginia have served in our nation's armed forces than from any other state. We are proud of our citizens who, in spite of danger, have done what they must for peace and freedom; and
          Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians have paid the ultimate price for freedom with their lives and thousands more brave West Virginians have been wounded in battle; and
          Whereas, The Senate is proud to honor those currently serving in harm's way to protect democracy from the threat of terror; and
          Whereas, It is always important that we honor the many brave West Virginians who have faced the enemy, been wounded and even given their lives for not only our freedom but for freedom around the world; and
          Whereas, The Senate is proud to espouse the goal set for us by President John F. Kennedy, who said, "Our goal is not the victory of might, but the vindication of right--not peace at the expense of freedom, but both peace and freedom, here in this hemisphere, and, we hope, around the world. God willing, that goal will be achieved."; therefore, be it
          Resolved by the Senate:
          
That the Senate hereby recognizes the heroic service of America's veterans and designates Monday, January 20, 2003, as "Veterans Visibility Day" at the Legislature; and, be it
          Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Division of Veterans' Affairs.
          At the request of Senator Hunter, 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 Hunter, and by unanimous consent, Senator Hunter addressed the Senate regarding Veterans Visibility Day.
          On motion of Senator Chafin, the Senate recessed for one minute.
          Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
          At the request of Senator Helmick, unanimous consent being granted, Senator Helmick offered the following resolution from the floor:
          Senate Resolution No. 8-Authorizing the appointment of employees for the Senate for the two thousand three regular sixty-day session of the seventy-sixth Legislature and payment of their compensation.
                    Resolved by the Senate:
                    That the Clerk of the Senate, with the approval of the President of the Senate, be and he is hereby authorized to appoint employees to receive the per diem compensation, as herein provided, during this regular sixty-day session of the seventy-sixth Legislature, and any extension thereof as follows:
                    Twenty-six Class I secretaries at a rate of fifty-five dollars to sixty-seven dollars per diem;
                    Ten Class II secretaries at a rate of fifty-seven dollars to sixty-seven dollars per diem;
                    Nine Class III secretaries at a rate of fifty-nine dollars to seventy dollars per diem;
                    Six Class IV secretaries at a rate of sixty-one dollars to sixty-two dollars per diem;
                    Six legislative analysts at a rate of fifty-five dollars to one hundred ten dollars per diem;
                    Fourteen legal counselors at a rate of one hundred seventy dollars to two hundred twenty-five dollars per diem; assignments and salary to be determined by the President of the Senate;
                    One bill and journal clerk to the Senate Clerk at a rate of sixty dollars per diem;
                    Six proofreaders at a rate of fifty-three dollars to sixty- seven dollars per diem;
                    One journal room supervisor at a rate of eighty-nine dollars per diem;
                    One assistant journal room supervisor at a rate of sixty-four dollars per diem;
                    Eight journal and bill room clerks at a rate of fifty dollars to seventy-three dollars per diem;
                    One Sergeant at Arms at a rate of one hundred forty dollars per diem;
                    One chief assistant Sergeant at Arms at a rate of sixty-four dollars per diem;
                    Six assistants to the Sergeant at Arms at a rate of fifty dollars to sixty-one dollars per diem;
                    One Doorkeeper at a rate of one hundred nineteen dollars per diem;
                    One chief assistant Doorkeeper at a rate of sixty-eight dollars per diem;
                    Eight assistants to the Doorkeeper at a rate of fifty dollars to sixty-one dollars per diem;
                    One information clerk at a rate of fifty-one dollars per diem (twenty-five dollars and fifty cents per day paid by House of Delegates);
                    Seven messengers at a rate of fifty dollars to fifty-four dollars per diem;
                    One head page at a rate of fifty-six dollars per diem;
                    One assistant head page at a rate of fifty-three dollars per diem;
                    One recording system operator at a rate of sixty-six dollars per diem;
                    One duplicating machine operator at a rate of fifty-two dollars per diem;
                    One office assistant at a rate of fifty-six dollars per diem;
                    The Clerk is further authorized to appoint such other employees at such compensation as the Committee on Rules shall from time to time authorize; and, be it
                    Further Resolved, That the appointment of salaried full-time employees of the Senate for the year two thousand three and their compensation, at the following amounts per month, for such periods of time as they are employed in the positions designated, is hereby authorized, as follows:
              Clerk        $7,083.34
              Assistant Clerk         5,791.67
              Executive Secretary to the Clerk         3,541.67
              Administrative Assistant to the Clerk         3,958.34
              Legislative Assistant III         4,250.00
              Legislative Assistant III         4,000.00
              Legislative Assistant III         2,916.67
              Legislative Assistant II         2,666.67
              Legislative Assistant II         2,500.00
              Legislative Assistant I         2,083.34
              Legislative Assistant I         2,083.34
              Senate & Joint Committee
               Fiscal Officer         4,416.67
              Fiscal Officer         3,208.34
              Chief Word Processor Operator         1,916.68
              Secretary to the Majority Leader         2,083.34
              Secretary to the Minority Leader         2,500.00
              Legislative Analyst I         3,208.34
              Legislative Analyst I         2,833.34
              Legislative Analyst         2,875.00
              Legislative Analyst         2,166.68
              Legislative Analyst         2,041.68
              Technical Support         2,166.68
              Administrative Assistant to the
               President          4,833.34
              Executive Secretary to the President         3,916.68
              Assistant to the President         2,875.00
              Committee Support         1,833.34
              Secretary to the Judiciary          1,833.34
              Secretary to the Judiciary/Analyst         2,458.34
              Secretary to the Finance Chairman         2,541.68
              Secretary to the Health and Human
                   Resources Committee         2,291.68
              Attorney         6,916.68
              Attorney         6,083.34
              Attorney         5,666.68
              Attorney          5,666.68
              Attorney        5,333.34
              Supervisor, Materials/Supplies          3,083.34
              Communications Clerk          2,458.34
              Mail/Supply Clerk          2,333.34
              Chief Custodian          2,666.68
              Supervisor/Evening Custodians.          1,875.00
              Custodian         1,583.34
              The Clerk of the Senate, with the written approval of the President of the Senate, or the President of the Senate, is hereby authorized to employ persons to fill the above positions, at the compensation hereinabove set forth for each, and to make adjustments in said compensation during the year. The President of the Senate may employ personnel at such rates of compensation as may be needed to fill any other positions.
     At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     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.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the eighth order of business.
     Eng. Senate Bill No. 52, Eliminating certain bond on out-of-state defendants in automobile accident cases.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 52) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 52) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the ninth order of business.
     Senate Bill No. 163, Continuing driver's licensing advisory board.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 164, Continuing office of coalfield community development.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 165, Continuing commission for national and community service.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 166, Continuing oil and gas inspectors' examining board.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     The Senate proceeded to the tenth order of business.
     Com. Sub. for Senate Bill No. 4, Requiring notice of judgments in magistrate court be mailed.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 82, Extending time for study of orphan roads and bridges.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Com. Sub. for Senate Bill No. 93, Relating to violence against public employees.
     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 Senator Minard.
     Thereafter, at the request of Senator Sharpe, and by unanimous consent, the foregoing remarks by Senator Minard were ordered extended in the Journal as follows:
     SENATOR MINARD: Thank you, Mr. President. Mr. President, on behalf of the Senator from Lewis and myself, we wish to state our great concern over the emergence of legislation aimed at yet another restructuring of higher education that we feel is a precursor to closing Glenville State College. Let me be clear that we will oppose the Governor, the Chancellor or the Higher Education Policy Commission in any attempt to close Glenville State.
     Mr. President, Glenville State College campus employs over 250 people. We are located in rural, central West Virginia serving ten counties that comprise the heart of West Virginia. Within these counties, over 54 percent of the school children receive free or reduced-cost lunches. This same ten-county area averages 3,000 Medicaid recipients per county, or approximately 30,000 recipients.
     Glenville State College is vital to the development of central West Virginia. Its continuance as a four-year degree-granting institution is paramount to the economic viability of its ten- county service area. Glenville State College services 2,218 undergraduate students--93 percent of which come from West Virginia counties. Approximately 75 percent of the students receive financial aid through grants, loans and work studies. The College has 66 full-time faculty members. The student-to-faculty ratio is 19-to-1 and there are 266 full-time employees. It is the largest service area of any of the state's four-year colleges and operates centers in Summersville and Weston in addition to the main campus of Glenville.
     If Glenville State College were to close, I ask, "Where would these 266 employees go? Where would these families turn in our depressed economy? What would be the impact on the local retailers? What will be the economic impact felt by central West Virginia if we close the only four-year college between Charleston and Fairmont and between the Ohio River and the Virginia border?" We are literally stranding higher education opportunities for thousands of West Virginia youth who live in our state's most depressed areas.
     Mr. President, Glenville State College has been the lifeblood for our area of the state. Every school has teachers who were prepared at Glenville. Nearly every community from Elizabeth to Webster Springs has elected officials and community leaders who were educated at Glenville.
     At a time when business and industry looks first to an educated work force, it makes absolutely no sense from an economic development prospective to limit access to higher education. I thought that when we passed the higher education reorganization bill three years ago that we were stressing the need to expand access and to improve the state's college-going rate. That's what we are committed to and closing colleges does not achieve that goal. Closing Glenville is like admitting defeat and telling the world that West Virginia can't compete in the information age.
     Mr. President, any talk or thought of closing Glenville State College must cease this very day. The rumors of the past week may have done serious harm in our ability to recruit a new president, our ability to attract athletes and additional students and our ability to maintain our professional staff. These rumors could possibly undermine the noble objective of our institution and the confidence of our professional staff.
     Mr. President, the Senator from Lewis and I stand absolutely firm in our opposition to any effort to close Glenville State College.
     Thank you.
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     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, January 21, 2003, at 11 a.m.
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