WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
TWENTY-SECOND DAY
____________
Charleston, W. Va., Wednesday, January 29, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Dr. Mark Siers, Ripley Tabernacle
Church, Ripley, West Virginia.
Pending the reading of the Journal of Tuesday, January 28,
2003,
On motion of Senator Guills, 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 fourth order of business.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 100, Exempting barbers from continuing
education classes.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 181, Relating to required education for home
school instructor.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 181 (originating in the
Committee on Education)--A Bill to amend and reeanct section one,
article eight, chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
compulsory school attendance; technical amendments; home school
exemption; amending requirements to qualify for home school
exemption; amending assessment requirements of home school
exemption; and eliminating exemption relating to residence more
than two miles from school or school bus route.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 254, Authorizing board of dental examiners to
promulgate legislative rule relating to board.
Senate Bill No. 271, Authorizing health care authority to
promulgate legislative rule relating to benchmarking and discount
contracts.
Senate Bill No. 273, Authorizing division of health to
promulgate legislative rule relating to sewage treatment and
collection system design standards.
Senate Bill No. 305, Authorizing board of medicine to
promulgate legislative rule relating to licensure, disciplinary and
complaint procedures, continuing education and physician
assistants.
And,
Senate Bill No. 318, Authorizing board of optometry to
promulgate legislative rule relating to licensure by endorsement.
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 the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
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. 286, Authorizing insurance commissioner to
promulgate legislative rule relating to unfair trade practices.
Senate Bill No. 287, Authorizing insurance commissioner to
promulgate legislative rule relating to examiners' compensation,
qualifications and classification.
And,
Senate Bill No. 290, Authorizing insurance commissioner to
promulgate legislative rule relating to AIDS.
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 the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bills, under the original double committee references, were the referred to the Committee on the Judiciary.
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. 288, Authorizing insurance commissioner to
promulgate legislative rule relating to licensing and conduct of
agents, agencies and solicitors.
And has amended same.
And,
Senate Bill No. 289, Authorizing insurance commissioner to
promulgate legislative rule relating to excess line brokers.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary, with
amendments from the Committee on Banking and Insurance pending.
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. 299, Authorizing insurance commissioner to
promulgate legislative rule relating to mental health parity.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Senator Snyder, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 301, Authorizing division of labor to
promulgate legislative rule relating to elevator safety act.
And,
Senate Bill No. 302, Authorizing division of labor to
promulgate legislative rule relating to regulation of trade--
weights and measures.
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 the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 304, Authorizing massage therapy licensure
board to promulgate legislative rule relating to board.
Senate Bill No. 320, Authorizing board of pharmacy to
promulgate legislative rule relating to pharmacist recovery
networks.
And,
Senate Bill No. 323, Authorizing radiologic technology board
of examiners to promulgate legislative rule relating to board.
And reports the same back with the recommendation that they
each do pass; but under the original triple committee references
first be referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.
Chair.
The bills, under the original triple committee references,
were referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 322, Authorizing board of pharmacy to
promulgate legislative rule relating to controlled substances
monitoring.
And reports the same back without recommendation as to
passage; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then 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 Oliverio, Unger, Prezioso, Rowe, Dempsey, Hunter,
Love, Minard, Jenkins, Fanning White, Ross, Edgell, Plymale,
Kessler, Bowman, Caldwell, Sprouse, Smith and McKenzie:
Senate Bill No. 385--
A Bill to amend and reenact sections nine
and twelve, article two-a, chapter fifteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating to the state police retirement system; and enhancing
benefits for service-related disability or death of members.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Love, Dempsey, Hunter and White:
Senate Bill No. 386-A Bill to amend and reenact section
seventeen, article twelve, chapter sixty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to conditions of release on parole; and increasing the
supervision fee to thirty dollars per month.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Sharpe, Ross and Oliverio:
Senate Bill No. 387-A Bill to amend and reenact sections
eleven and thirteen, article two, chapter thirty-eight of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to mechanics' liens; correcting inadvertent omissions
in the two thousand two revision; and altering the periods for
perfecting liens against the owner's property for debts owed by the
contractor or subcontractor to a supplier of materials or equipment
and to a mechanic or laborer who provided construction from
seventy-five days to one hundred days.
Referred to the Committee on the Judiciary.
By Senator Ross:
Senate Bill No. 388-
A Bill to repeal section one, article
three-a, chapter seventeen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend and
reenact sections two and three of said article, all relating to
imported vehicles; compliance with federal safety and emission
standards; and changing the requirements which must be met to
obtain a title and registration.
Referred to the Committee on Transportation.
By Senators Ross, Caldwell and Unger:
Senate Bill No. 389-
A Bill to amend and reenact section
eighteen-a, article six, chapter seventeen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
amend and reenact section eight, article one-d, chapter seventeen-b
of said code, all relating to advisory boards to the commissioner
of motor vehicles; and authorizing the division of motor vehicles
to reimburse members of the motor vehicle dealer advisory board and members of the motorcycle safety awareness board for travel and
other reasonable and necessary expenses.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Ross, Weeks, Dempsey, Rowe, Unger and Caldwell:
Senate Bill No. 390-
A Bill to amend and reenact section
eleven, article one, chapter seventeen-e of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to removing the requirement that a person's social
security number appear on a commercial driver's license.
Referred to the Committee on Transportation.
By Senators Bowman, Bailey, Facemyer, Smith and Plymale:
Senate Bill No. 391-A Bill to amend and reenact section three,
article two, chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to training
requirements for members of the state police.
Referred to the Committee on Government Organization.
By Senators Hunter, Chafin, Guills, Minear, Caldwell, Ross,
Unger, Minard, Fanning, White, Prezioso, Dempsey, Love, Plymale,
Jenkins and Sharpe:
Senate Bill No. 392-
A Bill to amend article seven-a, chapter
eighteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section twenty-six-t, relating to increasing supplemental benefits to certain teacher retirement annuitants.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Ross:
Senate Bill No. 393-
A Bill to amend and reenact section seven-
a, article two, chapter seventeen-b of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to the
driver's licensing advisory board; and limiting civil and criminal
liability of board members while acting within their official
advisory capacity.
Referred to the Committee on the Judiciary.
By Senator Love:
Senate Bill No. 394-
A Bill to amend and reenact section nine,
article three, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to exempting
from taxation streets or rights-of-way used for ingress and egress
in a subdivision when the streets or rights-of-way have been
conveyed to a duly incorporated homeowners' association.
Referred to the Committee on Finance.
By Senators Kessler, Hunter, McCabe, Rowe, Minear, Unger,
Weeks, Edgell, Plymale, Smith, Sharpe, Ross, Bowman, Snyder, White,
Fanning, Jenkins, McKenzie, Prezioso and Minard:
Senate Bill No. 395-
A Bill to amend and reenact section five
hundred one, article five, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to
amend and reenact sections three hundred one, four hundred one,
four hundred two, five hundred one, five hundred two, six hundred
one, eight hundred one, eight hundred two, nine hundred one, one
thousand one, one thousand two and one thousand one hundred one,
article ten of said chapter, all relating to granting of temporary
grandparent visitation; and making technical corrections.
Referred to the Committee on the Judiciary.
By Senator Love:
Senate Bill No. 396-
A Bill to amend and reenact section seven,
article five, chapter fifty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to providing
for the continuation of misdemeanor prosecutions in cases where a
defendant is charged by complaint with felonies and misdemeanors.
Referred to the Committee on the Judiciary.
By Senators White and Love:
Senate Bill No. 397-
A Bill to amend and reenact section three,
article five, chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
transferring Big Ditch Lake wildlife management area from the
wildlife resources section of the division of natural resources to
the parks section of the division of natural resources.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators McKenzie, Guills, Kessler, Smith, Sprouse and
Rowe:
Senate Bill No. 398-A Bill to amend and reenact section
twelve, article twenty-one, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to exempting interest income on United States savings
bonds from state personal income tax for persons sixty-five years
old or older.
Referred to the Committee on Finance.
By Senators Dempsey, White, Caldwell, Bowman, Oliverio, Smith,
Ross, Love and Sharpe:
Senate Bill No. 399--
A Bill to amend and reenact section ten,
article three, chapter eighteen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to criminal
history checks of applicants for licensure by the state department
of education; and providing for criminal history checks for people
who are not employed by county boards of education but who work
directly with children in grades kindergarten through twelve on
school property.
Referred to the Committee on the Judiciary.
Senators Ross, Helmick, Minear, Deem, Unger, Oliverio, Hunter,
Sharpe, Facemyer and Snyder offered the following resolution:
Senate Concurrent Resolution No. 21--
Requesting the Division
of Highways name the bridge on Route 28 near Romney, Hampshire County, the "John Blue Bridge".
Whereas, John Blue came to Hampshire County, Virginia, in 1725
from Somerset County, New Jersey, having allegedly received land
from Thomas, Lord Fairfax; and
Whereas, The acreage owned by John Blue was present day Route
28 north of Romney, Hampshire County, along the South Branch of the
Potomac River; and
Whereas, John Blue had fourteen children who settled in the
area and his great grandson, also named John Blue, is noted in
numerous Civil War history books; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on Route 28 near Romney, Hampshire County, the
"John Blue Bridge" in tribute to an early settler along the South
Branch of the Potomac River; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge on Route 28
near Romney, Hampshire County, as the "John Blue 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.
Petitions
Senator Weeks presented a petition from Jacqueline Meadows and
numerous West Virginia residents, requesting the Legislature to
reform the medical liability system.
Referred to the Committee on the Judiciary.
Senator Hunter presented a petition from Jaypradha L. White
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.
Senate Concurrent Resolution No. 7, Requesting Division of
Highways name bridge on Route 80 at Verner "William Chapman
Browning 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.
Senate Concurrent Resolution No. 11, Requesting Division of
Highways name bridge on Route 5 near Elizabeth "World War II
Veterans Memorial 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.
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.
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.
Senate Concurrent Resolution No. 20, Requesting Joint
Committee on Government and Finance study impact on tax base of
local governments when private lands are converted to parks or
forests.
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. 39, Making false alarm
felony in certain 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.
Com. Sub. for S. B. No. 39) 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. 109, Notifying third party
of entry of order affecting child's care and education.
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. 109) 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. 120, Changing qualification rank for
adjutant general to lieutenant.
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. 120) 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. 205, Modifying criminal intent for animal
cruelty crimes; fines.
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. 205) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 162, Expunging certain motor
vehicle license information for nineteen-year-olds.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 182, Meeting federal standards for certain
child passenger seats and safety devices.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 210, Permitting retired state
police to carry concealed weapon for life.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 337, Simplifying process for adoption of
children from foreign countries.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Snyder, Boley and Ross.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Sharpe, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 239, Authorizing contractor licensing board to
promulgate legislative rule relating to contractor licensing act.
Senate Bill No. 248, Authorizing department of environmental
protection to promulgate legislative rule relating to coal-related
dam safety.
And,
Senate Bill No. 306, Authorizing board of miner training,
education and certification to promulgate legislative rule relating
to standards for certification of coal mine electricians.
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 the Judiciary.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Sharpe, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 303, Authorizing manufactured housing
construction and safety standards board to promulgate legislative
rule relating to board.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
The Senate again proceeded to the twelfth order of business.
Remarks were made by Senators Chafin, Deem, Bowman, McKenzie,
Jenkins and Snyder.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Snyder, and by unanimous consent, it
was ordered that the Journal show had Senator Snyder been present
in the chamber on Monday, January 27, 2003, he would have voted
"yea" on the passage of Engrossed Committee Substitute for Senate
Bill No. 178, Engrossed Senate Bill No. 186, Engrossed Senate Bill
No. 189, Engrossed Senate Bill No. 190, Engrossed Committee
Substitute for Senate Bill No. 191, Engrossed Senate Bill No. 192
and Engrossed Senate Bill No. 215; and on yesterday (Tuesday,
January 28, 2003), he would have voted "yea" on Engrossed Senate
Bill No. 281, Engrossed Senate Bill No. 282, Engrossed Senate Bill
No. 283 and Engrossed Senate Bill No. 284.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, January 30, 2003, at 11 a.m.
____________