WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
FIFTEENTH DAY
____________
Charleston, W. Va., Wednesday, January 22, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Senior Chaplain C. J. Rider, Mount Olive
Correctional Complex, Mount Olive, West Virginia.
Pending the reading of the Journal of Tuesday, January 21,
2003,
On motion of Senator Deem, 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.
Senator Tomblin (Mr. President) presented the following
communication and resolution from the Honorable James M. Brown,
chairman of the Citizens Legislative Compensation Commission,
created by section thirty-three, article VI of the West Virginia
Constitution, which was read by the Clerk:
JAMES M. BROWN
P. O. BOX 5039
BECKLEY, WEST VIRGINIA
January 21, 2003
Via Facsimile
The Honorable Darrell E. Holmes
The Honorable Gregory M. Gray
Clerks of the West Virginia State Senate
and House of Delegates
State Capitol Building
1900 Kanawha Boulevard, East
Charleston, West Virginia 25305
Dear Clerk Holmes and Clerk Gray:
As chairman of the West Virginia Citizens Legislative
Compensation Commission, I hereby submit the Commission's
recommendations as adopted on January 9, 2003.
With warmest regards and best wishes, I remain,
Very truly yours,
James M. Brown,
Chairman.
Resolution Submitting Recommendations with Respect
to Compensation and Expense Allowances
Adopted January 9, 2003
Determination of compensation and expense allowances:
WHEREAS, The Citizens Legislative Compensation Commission met
pursuant to the call of its chair in Charleston, West Virginia, on
January 9, 2003; and
WHEREAS, The Citizens Legislative Compensation Commission is
charged with the responsibility of submitting by resolution to the
Legislature its determination of compensation and expense allowances for members of the Legislature; therefore, be it
Resolved by the Citizens Legislative Compensation Commission,
at least four of the seven members of the Commission having
concurred therein, that the compensation and expense allowances of
members of the Legislature are hereby determined as follows:
That each member of the Legislature shall receive as
compensation for his or her services the sum of twenty thousand
dollars per year, effective with the legislative session beginning
in January, 2004; twenty-five thousand dollars per year, effective
with the legislative session beginning in January, 2008; plus such
additional compensations as are expressly provided.
Resolved further, That in addition to the basic and additional
compensation provided, the chairs of the committees on finance and
committees on the judiciary of the respective houses and up to six
additional persons from each house, to be named by the presiding
officer, shall each receive an additional compensation of one
hundred fifty dollars per day up to a maximum of thirty days for
attending to legislative business in their offices in the capitol
building when the Legislature is not in regular, extended or
extraordinary session and interim committees are not meeting.
Resolved further, That in addition to the basic and additional
compensation provided, the President of the Senate and the Speaker
of the House of Delegates shall each receive additional
compensation of:
1. One hundred fifty dollars per day for each day actually
served during any regular, extension of regular or extraordinary session as presiding officer, including Saturdays and Sundays; and
2. Two hundred dollars per day up to a maximum of eighty days
per calendar year for attending to legislative business in their
offices in the capitol building when the Legislature is not in
regular, extension of regular or extraordinary session and interim
committees are not meeting.
Resolved further, That, in addition to the basic and
additional compensation provided, the majority leaders and minority
leaders of the Senate and of the House of Delegates shall each
receive additional compensation of seventy-five dollars per day for
each day actually served during any regular, extension of regular
or during extraordinary session, including Saturdays and Sundays,
as the selected legislative leaders of their respective political
parties.
Resolved further, That members of the Legislature shall be
entitled to medical insurance coverage through the Public Employees
Insurance Agency at the same premium rate as full-time state
employees.
Resolved further, That the compensation and expense allowances
of members of the Legislature not specifically addressed in this
resolution shall remain the same.
Witness the following signatures and seals:
JAMES M. BROWN (SEAL)
WILLIAM R. STONE (SEAL)
ANTHONY J. YANERO (SEAL)
MICHAEL SHAW (SEAL)
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 from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2300--A Bill to amend and reenact sections
five and five-c, article two-e, chapter eighteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
all relating to the process for improving education; reorganizing
subsections and refining intent; modifying elements of the system
of education performance audits; providing for annual performance
measures and specifying their use; specifying uses of other
information from system of education performance audits; creating
education performance audit panel and providing for organization
and membership; placing powers and duties of office of education
performance audits under panel and providing additional duties;
modifying content of school and county unified improvement plans
and requirements for revision; requiring electronic boilerplate for
unified school improvement plans; revising on-site performance
audit process and requirements; modifying period for maintaining
accreditation and approval when certain deficiencies noted;
clarifying process for giving seriously impaired status; providing
transfer rights for replaced principals; modifying authorization to
transfer from seriously impaired school; and adding specification
to notice required of state board to process for improving
education council.
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 adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 4--A resolution urging
President Bush to reconsider newly issued VA regulations that will
change veterans' access to health care services, making veterans
endure long waiting period for care.
Whereas, That in this time of uncertainty, the West Virginia
Legislature believes that all veterans who depend on Veterans
Affairs for their health care should be welcomed with open arms;
and
Whereas, In 1996, Congress passed eligibility reform, allowing
the Department of Veterans Affairs to provide a standard benefits
package for all veterans who enrolled in the VA health care system
for all veterans to receive care in a timely manner; and
Whereas, With this reform, more and more veterans turned to VA
for their health care causing enrollment to sharply increase; and
Whereas, Because of insufficient resources to cover this new
demand, the Department of Veterans Affairs chose other methods to
manage enrollment issuing a mandate prohibiting all enrollment
generating activities-such as health fairs; and
Whereas, In addition to this mandate, the VA also issued new
regulations requiring VA clinicians to give priority for health
care services to veterans with service-connected conditions; and
Whereas, This new priority system will provide limited assistance for the more than 300,000 veterans waiting to be seen by
VA clinicians, and could more than double the time they are made to
wait for care; and
Whereas, This new priority system fails to take into
consideration the medical needs of patients while also denying
clinicians the necessary flexibility to effectively triage patients
based on medical need; which was the reason that Congress, in the
Eligibility Reform Act, repealed priorities for care based on any
factor other than medical need; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature urges President Bush to
address the importance of health care access for all veterans and
reconsider newly issued regulations that change veterans' access to
health care services, forcing veterans to endure long waiting
periods for care; and, be it
Further Resolved, That the West Virginia Legislature expresses
its concern that this major change will take effect without
affording Congress, veterans or veterans' advocates the opportunity
to comment on the changes; and, be it
Further Resolved, That the Clerk is hereby directed to
transmit a copy of this resolution to President George W. Bush,
Vice President Richard Cheney, Secretary of Veterans Affairs
Anthony J. Principi and the West Virginia congressional delegation.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
The question being on the adoption of the resolution,
Pending discussion,
At the request of Senator Chafin, unanimous consent being
granted, further consideration of the resolution was deferred until
the conclusion of bills on today's third reading calendar.
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. 170, Creating Women's Right to Know Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 170 (originating in the
Committee on the Judiciary)--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 two-i,
relating to requiring informed consent for an abortion to be
performed; requiring certain information to be supplied to women
considering abortion; establishing minimum waiting period for
abortions after having been supplied information; exception for a
medical emergency; rulemaking; reporting requirement requiring the
department of health and human resources to publish information and
develop a website on alternatives to abortion; protection of
privacy court proceedings; administrative remedies; criminal
offenses; and penalties.
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. 170), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 186, Defining aggrieved person for purposes of
board of zoning appeals.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 189, Relating to approval of out-of-state bank
applications to establish bank branches.
And,
Senate Bill No. 190, Requiring more examinations for certain banks to track current practice with federal regulators.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bills (S. B. Nos. 189 and 190)
contained in the foregoing report from the Committee on Banking and
Insurance.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 191, Relating to procedure for state-chartered
credit union to convert to federal charter.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 191 (originating in the
Committee on Banking and Insurance)--A Bill to amend and reenact
section three, article ten, chapter thirty-one-c of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to the procedure for a state-chartered credit union to
convert to a federal charter or a charter of another state; removing the requirement of having a hearing; and increasing the
period of required notice to members prior to voting on the issue
of conversion.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 192, Relating to notice from certain bank
holding companies.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 193, Relating to required registration with
commissioner of banking for certain persons.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on Banking and Insurance pending.
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 Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 196--A Bill to amend and reenact section
eighteen, article twenty-two, chapter twenty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended;
and to amend article fifteen, chapter thirty-one of said code by
adding thereto a new section, designated section six-c, all
relating to creating a capitol renovation and improvement debt
service fund; providing for the construction and financing of
renovations to and improvement of the existing capitol complex and
its appurtenant facilities; and authorizing the issuance of bonds
by the West Virginia economic development authority to finance the
construction of capital improvements and renovations to the existing capitol complex and its appurtenant facilities.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Minard, Sharpe and Ross:
Senate Bill No. 197--A Bill to amend and reenact section nine-
a, article one, chapter fifty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
increasing the number of allowable magistrate court deputy clerks;
and designating an additional deputy clerk for Braxton County.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Love and Hunter:
Senate Bill No. 198--A Bill to amend and reenact section
twenty-four, article three, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to assessments; review and equalization by county
commissions; and creating a rebuttable presumption that the
assessed value of a property as determined by the assessor is
correct.
Referred to the Committee on the Judiciary.
By Senators Love and Hunter:
Senate Bill No. 199--A Bill to amend and reenact section
twelve, article two, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to providing a maximum sentence of forty years for the
crime of robbery.
Referred to the Committee on the Judiciary.
At the request of Senator Love, and by unanimous consent, the
Senate returned to the second order of business and the
introduction of guests.
The Senate again 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 Snyder and Fanning:
Senate Bill No. 200--A Bill to amend article seven, chapter
sixteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section twelve, relating to requiring that restaurants post notices
concerning the presence of certain antioxidants in food that is
offered for consumption by the public; providing for enforcement by
local health departments; and establishing penalties for
noncompliance.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Unger, Prezioso, Kessler, Bowman, Plymale, Bailey,
Hunter, Oliverio, McKenzie, Smith, Rowe, White, Fanning, Jenkins,
McCabe, Edgell, Snyder, Sprouse, Sharpe, Ross, Dempsey, Love,
Facemyer, Deem and Minard:
Senate Bill No. 201--A Bill to amend and reenact section
twelve, article two-a, chapter fifteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the benefits awarded to survivors of members
of the state police killed in the line of duty.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Hunter, Prezioso, Ross, Smith, Oliverio, Love,
Rowe and White:
Senate Bill No. 202--A Bill to amend and reenact section one,
article sixteen-b, chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to expansion
of health care coverage to children; and requiring the children's
health insurance program board to implement and develop a
coordinated program with the medicaid program for children's health
coverage with a single system, name, identity and enrollment card.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Hunter, Rowe, Caldwell, Unger, White and Fanning:
Senate Bill No. 203--A Bill to amend and reenact section one,
article sixteen-b, chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to expansion
of health care coverage to children; and presumptive eligibility.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Oliverio, Sharpe, Ross, McKenzie and Hunter:
Senate Bill No. 204--A Bill to amend and reenact sections two
and three, article five, chapter twenty-seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all relating to involuntary commitment generally; and providing a
procedure for emergency treatment in a mental health treatment
facility for a period not to exceed seventy-two hours prior to a
probable cause hearing for the involuntary commitment of an
individual to a mental health treatment facility when the
individual is certified as being addicted or mentally ill and, if
mentally ill, is likely to cause serious harm to self or others.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, McKenzie, Edgell, Bowman, Rowe, Prezioso,
Hunter, Unger, Plymale, Sprouse, Minear and White:
Senate Bill No. 205--A Bill to amend and reenact section
twelve, article twenty, chapter nineteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
amend and reenact section nineteen, article eight, chapter sixty-
one of said code, all relating to modifying the criminal intent
requirement for animal cruelty crimes; increasing the fine
applicable to convicted persons; eliminating the civil recovery
limitation of the assessed value of a dog; creating a felony
offense for intentionally torturing or maliciously killing animals;
and mandating that persons convicted of animal cruelty be
prohibited from possessing, owning or residing with animals for
varying periods depending on whether the person is convicted of a
misdemeanor or felony.
Referred to the Committee on the Judiciary.
By Senators Caldwell and Rowe:
Senate Bill No. 206--A Bill to amend and reenact section
eight, article five, chapter eighteen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to authorizing aides to supervise students who are
undergoing in-school suspension.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Facemyer, Minear, Rowe, White, Smith, Deem,
Fanning, Sharpe and Guills:
Senate Bill No. 207--A Bill to amend article five, chapter
nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section eleven-d, relating to requiring itemized statements of
services rendered to medicaid recipients; directing the department
of health and human resources to prescribe forms for itemized
statements; and providing for verification of the accuracy of same
or investigation by the department of health and human resources
into discrepancies.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Unger, Prezioso, Smith, Deem and Facemyer:
Senate Bill No. 208--A Bill to amend and reenact section
three, article two-a, chapter fifteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
clarifying the authority of the consolidated public retirement
board relative to the state police retirement system.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Unger, Prezioso, Kessler, Smith and Oliverio:
Senate Bill No. 209--A Bill to amend and reenact section five,
article two, chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to an
increase in the annual base salary of all sworn state police
personnel by eighteen percent effective on the first day of July,
two thousand three.
Referred to the Committee on Finance.
By Senators Unger, Prezioso, Caldwell, Smith, Bailey, Kessler,
Plymale, Bowman and Sprouse:
Senate Bill No. 210--A Bill to amend and reenact section
twenty-five, article two, chapter fifteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to permitting a retired member of the state police to
carry a concealed weapon for the life of the member.
Referred to the Committee on the Judiciary.
By Senators Bowman, Bailey, Prezioso, Unger, Minard, Rowe and
White:
Senate Bill No. 211--A Bill to amend and reenact section
eleven, article one, chapter thirty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
compensation paid to members of professional licensing boards; and
clarifying that members may be compensated only for days on which
they attend official meetings and not for travel days.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Sprouse, Minear and Rowe:
Senate Bill No. 212--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 fifteen-a, relating to personal income tax
credits; and allowing a credit against a taxpayer's tax liability
for performing volunteer work for nonprofit organizations.
Referred to the Committee on Finance.
By Senators Kessler, Snyder, Harrison, Sprouse, Oliverio,
Caldwell, McKenzie, Love, Fanning, Facemyer, Ross, Plymale, Boley,
Sharpe, Minard, Jenkins, Bailey, Prezioso, Minear, Deem, Weeks,
Helmick, Guills, Edgell, Smith, Bowman, Hunter, White, Unger and
Tomblin (Mr. President):
Senate Bill No. 213--A Bill to amend and reenact section one,
article one, chapter fifty-six of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to venue and
state courts.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Bailey, Facemyer and Smith:
Senate Bill No. 214--A Bill to repeal section four, article
three, chapter twenty-two-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend and reenact
section two of said article; and to amend chapter twenty-two-c of
said code by adding thereto a new article, designated article thirteen, all relating to the transfer of water quality standard
rule-making authority from the environmental quality board to the
water quality board.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Love and Hunter:
Senate Joint Resolution No. 5--Proposing an amendment to the
Constitution of the State of West Virginia, amending section five,
article III thereof, relating to allowing division of corrections
to send convicted inmates out-of-state to serve their sentences;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary.
Senators Bowman, Kessler, McCabe, Unger, Prezioso, Caldwell,
Plymale, Snyder and Sprouse offered the following resolution:
Senate Concurrent Resolution No. 10--Requesting the Joint
Committee on Government and Finance continue to study county and
municipal land-use planning and consider revisions to the state's
planning and zoning laws.
Whereas, The infrastructure of many counties and cities within
the State of West Virginia may need to be upgraded for the changing
needs of populations and the future development of communities; and
Whereas, The duties and powers of local governing bodies,
county and municipal planning commissions, zoning authorities and
zoning appeal boards may need to be revised to address the health,
safety, convenience and welfare of the population and its infrastructure needs; and
Whereas, Pursuant to Senate Concurrent Resolution No. 38
adopted in regular session, 2002, the Legislature 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 Joint Committee on Government and Finance is hereby
requested to continue to study county and municipal land-use
planning and consider revisions to the state's planning and zoning
laws; 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.
Petitions
Senators Kessler, Edgell, McKenzie and Bowman presented a
petition from Philip J. Mathias and numerous West Virginia
residents, supporting completion of I-68 from Morgantown to
Moundsville.
Referred to the Committee on Transportation.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 215 (originating in the Committee on Finance)-
-A Bill making a supplementary appropriation from the balance of
moneys remaining unappropriated for the fiscal year ending the
thirtieth day of June, two thousand three, to the department of
health and human resources-West Virginia health care authority,
fund 5375, fiscal year 2003, organization 0507, all supplementing
and amending the appropriation for the fiscal year ending the
thirtieth day of June, two thousand three.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 4, Requiring notice of
judgments in magistrate court by mail.
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.
Com. Sub. for S. B. No. 4) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 82, Extending time for study of orphan
roads and bridges.
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. 82) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 93, Relating to violence
against public employees.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending extended discussion,
The question being "Shall Engrossed Committee Substitute for
Senate Bill No. 93 pass?"
On the passage of the bill, the yeas were: Bailey, Bowman,
Dempsey, Edgell, Helmick, Hunter, Jenkins, Kessler, McCabe,
McKenzie, Minard, Oliverio, Plymale, Ross, Rowe, Sharpe, Snyder,
Unger, White and Tomblin (Mr. President)--20.
The nays were: Boley, Caldwell, Chafin, Deem, Facemyer,
Fanning, Guills, Harrison, Love, Minear, Prezioso, Smith, Sprouse
and Weeks--14.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 93) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The end of today's third reading calendar having been reached,
the Senate returned to the consideration of
House Concurrent Resolution No. 4, Urging President Bush to
reconsider newly issued VA regulations that will change veterans' access to health care services.
Having been received as a message from the House of Delegates
in prior proceedings today, and now coming up in deferred order,
was reported by the Clerk.
The question being on the adoption of the resolution,
At the request of Senator Chafin, and by unanimous consent,
further consideration of House Concurrent Resolution No. 4 was
placed under unfinished business for tomorrow, Thursday, January
23, 2003.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 178, Relating to subject matter
jurisdiction in family courts.
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 Deem, Kessler and Chafin.
The Senate then proceeded to the thirteenth order of business.
At the respective requests of Senators Bowman and White, the
names of Senators Bowman and White were removed as sponsors of
Senate Bill No. 213 (Restricting actions brought by nonresidents in
state courts).
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, January 23, 2003, at 11 a.m.
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