WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
TWENTIETH DAY
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Charleston, W. Va., Monday, January 27, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dr. Karl Ruttan, St. John's
Episcopal Church, Charleston, West Virginia.
Pending the reading of the Journal of Friday, January 24,
2003,
On motion of Senator Fanning, 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. 2090--A Bill to amend
article two, chapter six-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five-a, relating to requiring the
ethics commission to establish a code of conduct for state
administrative law judges, including civil penalties and sanctions
for violations.
Referred to the Committee on the Judiciary.
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. House Bill No. 2486--A Bill to amend and reenact section
twenty-seven, article sixteen, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to continuation of the public employees insurance agency.
Referred to the Committee on Government Organization.
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. 9--Requesting the Joint
Committee on Government and Finance to conduct a study on the
childhood obesity epidemic in West Virginia in regards to chronic
diseases, poor nutrition and inadequate exercise.
Whereas, The prevalence of obesity has increased sharply among
American adolescents and children since its recognition nearly a
half century ago as a national health risk; and
Whereas, According to the Department of Health and Human Resources, forty percent of children in West Virginia are found to
be either overweight or obese; and
Whereas, Twenty-two percent of middle and high school students
ages twelve to eighteen years report that they engage in little or
no strenuous physical activity with even higher percentages having
high fat diets; and
Whereas, Physical education is taught only 2.6 days per week
on average in elementary schools and only one semester on average
in middle school with less than forty percent of students being
able to pass the President's Physical Fitness Test; and
Whereas, Among school-age children, eighteen percent report
eating five servings of fruit and vegetables daily; and
Whereas, Obesity presents numerous problems for children. In
addition to increasing the risk of obesity in adulthood, childhood
obesity is the leading cause of pediatric hypertension, is
associated with Type II diabetes mellitus (also known as Adult On-
set Diabetes), increases the risk of coronary heart disease,
increases stress on the weight-bearing joints while also affecting
relationships with peers; and
Whereas, The deleterious effects of obesity on chronic disease
risks; its multiplicity of causes; its persistence from childhood
into adult; the paucity of successful treatment options and the
complexities of treatment guidelines, all argue for increased
attention to the prevention of excessive weight gain starting as early in life as possible; and
Whereas, This societal challenge can be dealt with through a
host of treatments such as, but not limited to, parent education,
physical activity, diet management, behavior modification and
policy development; and
Whereas, Reversing these current trends among our youth will
require a multifaceted approach as well as active participation of
health officials, researchers, educators and legislators in the
formulation of obesity prevention programs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the effects of the childhood obesity epidemic in
the State of West Virginia in regards to sedentary lifestyle, poor
nutrition and chronic diseases resulting from obesity; 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.
Referred to the Committee on Rules.
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 Tomblin (Mr. President), McCabe, Helmick, Bailey,
Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Harrison,
Hunter, Kessler, Love, McKenzie, Oliverio, Ross, Rowe, Sprouse,
Unger, White, Jenkins, Minard, Sharpe, Dempsey, Smith, Guills,
Minear, Caldwell and Plymale:
Senate Bill No. 362--A Bill to amend chapter seventeen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article two-d,
relating to establishment of the public-private transportation act
of two thousand three; setting forth legislative findings and
purposes; setting forth definitions; providing prerequisites for
development of a transportation facility; providing for the
creation of a public-private transportation oversight committee and
its membership; setting forth the powers and duties of the
committee; providing for the submission of proposals and approval
by the committee; providing for service contracts; providing for
the dedication of public property; setting forth the powers and
duties of a developer; requiring a comprehensive agreement;
providing for federal, state and local assistance; addressing
material default and remedies; prohibiting governmental entities from pledging full faith and credit; providing for the exercise of
condemnation; addressing utility crossings; addressing dedication
of assets; providing for an exemption from purchasing rules;
addressing severability; qualifying transportation facilities as
public improvements; setting forth a termination date; and
addressing construction.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
By Senators Sprouse, Rowe and Sharpe:
Senate Bill No. 363--A Bill to amend article eight-d, chapter
sixty-one of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section ten, relating to providing a criminal offense for falsely
reporting child abuse.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Unger, Rowe, Kessler, Helmick, Caldwell,
Plymale, Sharpe, Ross, Dempsey, Love, Hunter, Sprouse, Minard,
Jenkins, Fanning, White, McCabe, Bowman, Minear and Tomblin (Mr.
President):
Senate Bill No. 364--A Bill to amend and reenact sections
seven and twenty-one, article five, chapter forty-nine of the code
of West Virginia, one thousand nine hundred thirty-one, as amended;
to further amend said article by adding thereto a new section,
designated section sixteen-b; to amend and reenact section three, article five-d of said chapter; to further amend said article by
adding thereto a new section, designated section three-a; and to
amend and reenact sections twenty-nine and thirty, article seven of
said chapter, all relating to child welfare and juvenile justice;
requiring notice of certain proceedings to the department of health
and human resources and the division of juvenile services;
providing for greater involvement of multidisciplinary teams;
providing that quarterly judicial reviews be continued while child
remains in custody; providing for when offenses are committed while
in custody; providing for recommended court orders; requiring that
recommended service plans be considered; requiring written findings
when order deviates from treatment team's recommended plan;
affording notice and opportunity to object; requiring the supreme
court of appeals to develop uniform court orders in consultation
with the department of health and human resources and the division
of juvenile services; and providing that foster care services do
not constitute a behavioral health care facility or behavioral
health care service.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Rowe:
Senate Bill No. 365--
A Bill to amend and reenact sections six,
seven and eight, article twenty-two, chapter thirty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section,
designated section eighteen, all relating to landscape architects
generally; and providing that the board of landscape architects set
certain fees by rule.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Rowe, Kessler and Sharpe:
Senate Bill No. 366--
A Bill to amend and reenact sections four
and seven, article five, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating to authorizing police officers to obtain warrants
requiring that blood may be drawn from a person suspected of
driving under the influence.
Referred to the Committee on the Judiciary.
By Senators Kessler, McCabe, Sprouse and Rowe:
Senate Bill No. 367--
A Bill to amend and reenact section four,
article ten, chapter seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to animal
protection.
Referred to the Committee on the Judiciary.
By Senators Unger, Prezioso, Love, Jenkins and Smith:
Senate Bill No. 368--
A Bill to amend and reenact section six,
article two-a, chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to lowering the retirement age for state troopers with twenty years of service
from the age of fifty-five to the age of fifty.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Love:
Senate Bill No. 369--
A Bill to amend and reenact section
twenty-five, article thirteen-a, chapter sixteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to contracts for the provision of engineering, design or
feasibility studies by public service districts.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Petitions
Senator Dempsey presented a petition from Peggy Melton and
twenty-one Boone County teachers, requesting the Legislature to
increase the tobacco tax by one dollar per pack of cigarettes.
Referred to the Committee on Finance.
Senator Oliverio presented a petition from Larry Foreman and
numerous West Virginia residents, requesting the Legislature to
reform the medical liability system.
Referred to the Committee on the Judiciary.
Senator Prezioso presented a petition from Maggie Cain and
numerous West Virginia residents, requesting the Legislature to
reform the medical liability system.
Referred to the Committee on the Judiciary.
The Senate proceeded to the seventh order of business.
The President then stated that the hour had arrived for the
special order of business, as to
House Concurrent Resolution No. 4, Urging President Bush to
reconsider newly issued VA regulations that will change veterans'
access to health care services.
On unfinished business, having been received as a message from
the House of Delegates on Wednesday, January 22, 2003, and now
coming up as a special order, was reported by the Clerk.
The question being on the adoption of the resolution,
Thereafter, on motion of Senator Sprouse, the resolution was
referred to the Committee on Rules.
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The special order of business having been concluded, the
Senate then resumed business under the seventh order.
Senate Concurrent Resolution No. 12, Requesting Joint
Committee on Government and Finance study bail bondsmen.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 13, Requesting Division of
Highways name bridge crossing Kermit to Kentucky "Herbert 'Hub'
Cline Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on
Transportation.
Senate Concurrent Resolution No. 14, Requesting Division of
Highways authorize sign by Little Kanawha River Parkway Commission
at Intersection of Interstate 79 and Exit 79 at Burnsville.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation.
Senate Concurrent Resolution No. 15, Requesting Joint
Committee on Government and Finance study foster care system.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 16, Requesting Federal
Emergency Management Agency expedite updating flood insurance rate
maps.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Government
Organization.
Senate Concurrent Resolution No. 17, Requesting Congress enact
National Recreation Lakes Act of 2002.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Natural
Resources.
Senate Concurrent Resolution No. 18, Requesting Joint Committee on Government and Finance study improving Department of
Transportation Employee Handbook.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 19, Requesting Department of
Health and Human Resources study teenage in-vehicle drinking and
related drug use.
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 eighth order of business.
Eng. Com. Sub. for Senate Bill No. 178, Relating to subject
matter jurisdiction in family courts.
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, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Snyder--1.
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. 178) 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. 186, Defining aggrieved person for
purposes of board of zoning appeals.
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, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Snyder--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 186) 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. 189, Relating to approval of out-of-state
bank applications to establish bank branches.
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, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--31.
The nays were: Fanning and White--2.
Absent: Snyder--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 189) 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. 190, Requiring more examinations for
certain banks to track current practice with federal regulators.
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, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Snyder--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 190) 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. 191, Relating to
state-chartered credit union converting to federal or another state
charter.
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, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: Love--1.
Absent: Snyder--1.
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. 192) 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. 192, Relating to notice from certain bank
holding companies.
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, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Snyder--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 192) 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. 215, Making supplementary appropriation
to department of health and human resources, health care authority.
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, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Snyder--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 215) 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, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Snyder--1.
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. 215) 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. 281, Continuing department of environmental protection.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 282, Continuing division of motor vehicles.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 283, Continuing public service commission.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 284, Continuing division of purchasing within
department of administration.
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. 39, Making false alarm felony in
certain cases.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 109, Notifying third party of
entry of order affecting child's care and education.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 120, Changing qualification rank for adjutant
general to lieutenant.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 205, Modifying criminal intent for animal
cruelty crimes; fines.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Snyder.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, January 28, 2003, at 11 a.m.
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