WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

TWENTY-THIRD DAY

____________

Charleston, W. Va., Thursday, January 30, 2003

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

     Prayer was offered by the Reverend Dr. Bill Ellis, Minister at Large, Teays Valley Church of God, Scott Depot, West Virginia.
     Pending the reading of the Journal of Wednesday, January 29, 2003,
     On motion of Senator Harrison, 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 a communication from the Department of Health and Human Resources, submitting its Sudden Infant Death Syndrome Program quarterly reports as required by chapter sixteen, article one, section six of the code of West Virginia.
     Which communication and reports were received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Traumatic Brain and Spinal Cord Injury Rehabilitation Fund Board, submitting its annual report, in accordance with chapter eighteen, article ten-k, section six of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Senate proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2554--A Bill to amend and reenact section three-a, article one, chapter nineteen 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 three-b, all relating to the continuation of the marketing and development division of the department of agriculture.
     Referred to the Committee on Government Organization.
     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. 2555--A Bill to amend and reenact section three, article ten-c, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the continuation of West Virginia's membership in the southern regional education compact.
     Referred to the Committee on Government Organization.
     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. 2670--A Bill to amend and reenact section seventeen, article five, chapter twenty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the office of judges.
     Referred to the Committee on Government Organization.
     The Senate proceeded to the fourth order of business.
     Senator Edgell, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration
     Senate Bill No. 112, Allowing farm wineries to manufacture, serve and sell certain wines.
     And,
     Senate Bill No. 232, Authorizing commissioner of agriculture to promulgate legislative rule relating to inspection of meat and poultry.
     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,
                               Larry J. Edgell,
                               Chair.
     The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 155, Establishing western highway authority to include representatives from certain counties.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 155 (originating in the Committee on Government Organization)--A Bill to establish the western West Virginia highway authority to include representatives from Cabell, Mason, Jackson, Putnam and Wayne counties; appointment of officers; and powers of authority.
     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,
                               Edwin J. Bowman,
                               Chair.
     The bill (Com. Sub. for S. B. No. 155), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 211, Relating to compensation to professional licensing boards.
     And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance.
     Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration
     Senate Bill No. 223, Authorizing department of environmental protection to promulgate legislative rule relating to nitrogen oxide budget trading program.
     Senate Bill No. 225, Authorizing department of environmental protection to promulgate legislative rule relating to standards of performance for new stationary sources.
     Senate Bill No. 242, Authorizing department of environmental protection to promulgate legislative rule relating to prevention and control of air pollution from hazardous waste treatment, storage or disposal facilities.
     Senate Bill No. 243, Authorizing department of environmental protection to promulgate legislative rule relating to nitrogen oxide budget trading program as means of control and reduction of nitrogen oxides from electric generating units.
     Senate Bill No. 244, Authorizing department of environmental protection to promulgate legislative rule relating to requirements for operating permits.
     Senate Bill No. 245, Authorizing department of environmental protection to promulgate legislative rule relating to acid rain provisions and permits.
     Senate Bill No. 246, Authorizing department of environmental protection to promulgate legislative rule relating to emission standards for hazardous air pollutants for source categories.
     Senate Bill No. 250, Authorizing department of environmental protection to promulgate legislative rule relating to hazardous waste management.
     Senate Bill No. 251, Authorizing department of environmental protection to promulgate legislative rule relating to hazardous waste management fund certification legislative rule concerning fee assessment.
     Senate Bill No. 257, Authorizing environmental quality board to promulgate legislative rule relating to requirements governing water quality standards.
     Senate Bill No. 265, Authorizing division of forestry to promulgate legislative rule relating to sediment control during commercial timber harvesting operations; licensing.
     Senate Bill No. 266, Authorizing division of forestry to promulgate legislative rule relating to sediment control during commercial timber harvesting operations; logger certification.
     Senate Bill No. 312, Authorizing division of natural resources to promulgate legislative rule relating to revocation of hunting and fishing licenses.
     Senate Bill No. 313, Authorizing division of natural resources to promulgate legislative rule relating to special boating.
     Senate Bill No. 314, Authorizing division of natural resources to promulgate legislative rule relating to prohibitions when hunting and trapping.
     And,
     Senate Bill No. 315, Authorizing division of natural resources to promulgate legislative rule relating to deer hunting.
     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,
                               John Pat Fanning,
                               Chair.
     The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
     Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration
     Senate Bill No. 224, Authorizing department of environmental protection to promulgate legislative rule relating to permits for construction, modification, relocation and operation of stationary sources of air pollutants, notification requirements, administrative update, temporary permits, general permits and procedures for evaluation.
     And,
     Senate Bill No. 253, Authorizing department of environmental protection to promulgate legislative rule relating to water pollution control permit fee schedules.
     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,
                               John Pat Fanning,
                               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 Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 235, Authorizing consolidated public retirement board to promulgate legislative rule relating to benefit determination and appeal.
     Senate Bill No. 236, Authorizing consolidated public retirement board to promulgate legislative rule relating to teachers defined benefit plan.
     Senate Bill No. 237, Authorizing consolidated public retirement board to promulgate legislative rule relating to public employees retirement system.
     And,
     Senate Bill No. 238, Authorizing consolidated public retirement board to promulgate legislative rule relating to state police disability determination and appeal process.
     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 the Judiciary.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     The bills, under the original triple 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. 247, Authorizing department of environmental protection to promulgate legislative rule relating to surface mining and reclamation.
     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 the Judiciary.
                              Respectfully submitted,
                               William R. Sharpe, Jr.,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Energy, Industry and Mining pending.
     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 Minard, Jenkins and Sharpe:
     Senate Bill No. 400--A Bill to amend and reenact sections nine and nineteen, article two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section nine, article seven of said chapter; and to amend and reenact section one, article thirty-nine of said chapter, all relating to authorizing limited disclosure of confidential information received by the insurance commissioner; making amendments regarding disclosure of confidential information by the insurance commissioner to federal banking agencies required by the federal Gramm-Leach-Bliley Act; and making technical corrections.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senator Tomblin (Mr. President) (By Request):
     Senate Bill No. 401--A Bill to amend and reenact section nine, article fifteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to exempting veterans' organizations, which are exempt from income taxation by virtue of Internal Revenue Code 501(c)(19), from consumers sales and service tax.
     Referred to the Committee on Finance.
     By Senators Rowe, White, Caldwell, Harrison and Smith:
     Senate Bill No. 402--A Bill to amend article ten, 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 thirty-two, relating to crimes against public policy generally; prohibiting participation in human and embryonic cloning; and prescribing criminal penalties for violations of the section.
     Referred to the Committee on the Judiciary.
     By Senators Plymale, Edgell, Bowman, Helmick and Ross:
     Senate Bill No. 403--A Bill to amend article three, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine-a, relating generally to payment in lieu of property tax agreements; prescribing uniform minimum reporting and content requirements for payment in lieu of tax agreements; requiring that agreements be filed in county clerk's office and with chief inspector and secretary of tax and revenue; requiring that local levying bodies approve payment in lieu of tax agreements; requiring that summaries of agreements be updated annually; permitting chief inspector to specify content of agreement and summaries by procedural rules; specifying method for allocation and distribution of payments in lieu of property taxes, whether payment is received in money or other property; specifying how in lieu of property tax payments received by a board of education are treated for purpose of state school aid formula; defining certain terms; specifying when and how these rules apply and exempting certain agreements from their application; and providing effective dates.
     Referred to the Committee on Finance.
     By Senators Facemyer, Smith, Minard, Sharpe, Edgell, Boley, Deem and Kessler:
     Senate Bill No. 404--A Bill to establish the "Blue and Gray Intermodal Highway Authority"; functions; members; appointment; powers and duties; officers; bylaws; rules; compensation; authority as corporate body; and severability.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Plymale, Helmick, Prezioso, Love, Hunter, Rowe, Jenkins, Ross, Oliverio, Dempsey, Minard and Smith:
     Senate Bill No. 405--A Bill to repeal article five-h, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact articles five-d and five-t of said chapter, all relating to the changing of personal care homes and residential board and care homes to assisted living residences; and extending the care home advisory board for an additional six months.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senators Love, Minard, Bailey, Dempsey, Hunter, White, Rowe, Sprouse, Facemyer and Ross:
     Senate Bill No. 406--A Bill to amend and reenact section seven, article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing a salary increase for civilian employees of the state police.
     Referred to the Committee on Finance.
     By Senators Minear and Hunter:
     Senate Bill No. 407--A Bill to amend and reenact section thirty-nine-g, article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that when a person from another state writes a worthless check in this state which results in a summons to appear in magistrate court but then fails to appear, he or she shall have his or her privilege to drive in this state revoked; and providing that the department of motor vehicles provide a copy of the revocation to the state wherein the person holds a driver's license.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Snyder:
     Senate Bill No. 408--A Bill to amend and reenact section twenty-three, article sixteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to public employees' insurance generally; and providing that members of the Legislature may be covered if they pay the same share state employees pay.
     Referred to the Committee on Finance.
     By Senators Rowe, Kessler, Hunter, Ross, White, Helmick and Unger:
     Senate Bill No. 409--A Bill to amend and reenact section seven, article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to compromise and settlement of claims for death by wrongful act; right of personal representative to settle wrongful death claims; filing of verified petition or motion giving notice of settlement; contents of petition or motion; service; resolution of agreed-upon distributions without hearing; approval of settlement and release of liability subject to judicial determination of appropriate distribution of settlement proceeds; hearing; and distribution.
     Referred to the Committee on the Judiciary.
     By Senators Kessler, Hunter, Deem and Rowe:
     Senate Bill No. 410--A Bill to amend and reenact sections three and five, article two, chapter six-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to requiring the ethics commission to annually send copies of all advisory opinions to the offices of the clerk of the West Virginia Senate, the clerk of the West Virginia House of Delegates and the West Virginia supreme court of appeals law library; authorizing members of the Legislature to solicit funds for regional or national legislative organization functions held in this state without violating the ethics act; providing prior approval by the joint committee on government and finance; defining legislative organization; placing limitations on solicitations; providing that only the governmental organization or a banking institution may receive donations; providing reporting requirements and publication of solicitation materials and information relating to funds received; prohibiting use of official letterhead; requiring disclaimer on all solicitation materials; and providing certain record-keeping requirements and public availability thereof.
     Referred to the Committee on the Judiciary.
     By Senator Sharpe:
     Senate Bill No. 411--A Bill to amend and reenact sections one and three, article three, chapter thirty-two-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said chapter by adding thereto a new article, designated article four, all relating to authorizing deferred deposit loans; granting certain powers and duties to the commissioner of banking; defining terms; providing for license to make deferred deposit loans; requiring certain records, reports and procedures; establishing advertising requirements; stating requirements of written agreements between lenders and consumers; requiring certain notice to consumers; authorizing maximum finance charge; establishing maximum loan amount; reserving right to rescind; limiting multiple outstanding transactions; authorizing renewal of deferred deposit loan; prescribing form of loan proceeds and procedure for endorsement and redemption; authorizing charge for dishonored instrument; providing for notice on sale or assignment; stating grounds for suspension or revocation of license; providing for reinstatement of license; providing for penalties; providing for contested case hearings, judicial review and appeals; providing for injunctive relief; declaring certain loans and agreements to waive article void; stating grounds for criminal culpability; prohibiting unfair or deceptive practices; stating provisions for severability and repealer; and establishing effective date.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Love, Sharpe, Sprouse and Minear:
     Senate Bill No. 412--A Bill to amend and reenact section nine, article thirteen-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to public service districts; public utility services; and providing that unpaid charges for services do not become a lien against the owner of real property nor is the owner liable for the charges unless the owner contracted directly with the provider for the services.
     Referred to the Committee on the Judiciary.
     By Senators Sharpe, McCabe, Snyder, Hunter, Ross, Minard and Unger:
     Senate Bill No. 413--A Bill to amend and reenact section seven, article one-c, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section twenty-six, article three, chapter eleven-a of said code; to amend and reenact sections one and two, article three, chapter fifty of said code; to amend and reenact sections ten, eleven and twenty-eight-a, article one, chapter fifty-nine of said code; to amend and reenact section seventeen, article two of said chapter; and to amend and reenact section four, article seven, chapter sixty-one of said code, all relating to increasing certain county clerk, circuit clerk, assessor, sheriff, prosecuting attorney and magistrate court fees; and dedicating those fee increases to the courthouse facilities improvement fund.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Plymale, Rowe, Jenkins, Bailey, Ross and McCabe:
     Senate Bill No. 414--A Bill to amend and reenact section seven, article forty, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the West Virginia real estate commission to enter into license reciprocity agreements with other states.
     Referred to the Committee on the Judiciary.
     Senators Prezioso, Unger, Boley, Love, Rowe, Helmick, Oliverio, Smith, Bowman, McCabe, Hunter, Minear, Fanning, Caldwell, White, Minard, Jenkins, Edgell, Plymale, Sharpe, Kessler, Ross, Bailey, Dempsey, Facemyer, McKenzie, Sprouse, Snyder, Tomblin (Mr. President) and Chafin offered the following resolution:
     Senate Resolution No. 10--Recognizing the many contributions of the March of Dimes Birth Defects Foundation to the State of West Virginia, including its campaign to reduce premature births with the expansion of the West Virginia Birth Defects Surveillance System.
     Whereas, The March of Dimes, founded in 1938, is a national voluntary health agency whose mission is to improve the health of babies by preventing both birth defects and infant mortality through research, community services, education and advocacy to save babies; and
     Whereas, Because premature birth is the leading cause of neonatal death, the March of Dimes is investing $75 million to launch a five-year campaign to develop a coordinated national response to the serious and widespread problem of premature births. In addition to mortality, preterm birth is a major determinant of illness and disability among infants, including development delays, chronic respiratory problems and vision and hearing impairments; and
     Whereas, According to the March of Dimes, West Virginia preterm birth rates increased by 28 percent in the last decade and the rates of low birth-weight births have also steadily increased statewide from 6.8 percent in 1991 to 8.4 percent in 2000; and
     Whereas, Nationally, the March of Dimes and its allied partners hope to reduce preterm births by at least 15 percent and hope to reduce the number of children born with birth defects through researching causes and prevention tools, as well as eliminating barriers to adequate prenatal health care coverage; and
     Whereas, Surveillance is needed to monitor infant health and the incidence of birth defects and to identify communities and populations especially at risk. State-based birth defects surveillance systems help health officials assess needs, deliver services and assess the progress of prevention programs; therefore, be it
     Resolved by the Senate:
     That the Senate hereby recognizes the many contributions of the March of Dimes Birth Defects Foundation to the State of West Virginia, including its campaign to reduce the number of premature births with the expansion of the West Virginia Birth Defects Surveillance System; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the West Virginia state chapter of the March of Dimes Birth Defects Foundation.
     At the request of Senator Prezioso, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     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.
Petitions

     Senator Bowman presented a petition from Debbie Layton and nineteen Ohio County teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Caldwell presented a petition from Anna Belle Lilly and numerous West Virginia residents, requesting the Legislature to reform the medical liability system.
     Referred to the Committee on the Judiciary.
     Senator Minard presented a petition from Diana Hall and nineteen Braxton County teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator White presented a petition from Nita Lutz Mayes and fifty-three Clay County teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     At the request of Senator Facemyer, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
     The Senate again proceeded to the fourth order of business.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 415 (originating in the Committee on Government Organization)--A Bill to amend and reenact section five, article three, chapter twenty-two-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the environmental quality board.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 416 (originating in the Committee on Government Organization)--A Bill to amend and reenact section twelve, article thirty-seven, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the continuation of the massage therapy licensure board.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 417 (originating in the Committee on Government Organization)--A Bill to amend and reenact section twelve, article fourteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the West Virginia commission for the deaf and hard-of-hearing.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 418 (originating in the Committee on Government Organization)--A Bill to amend and reenact section twenty, article six, chapter twelve of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the West Virginia investment management board.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 419 (originating in the Committee on Government Organization)--A Bill to amend and reenact section eleven, article one-d, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the governor's office of fiscal risk analysis and management.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Edgell, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration
     Senate Resolution No. 11 (originating in the Committee on Agriculture)--Congratulating Blue Smoke, Inc., of Ansted and its co-owners, Robin Hildebrand and Cecilia Backus, for winning "Best Salsa, Sauce or Condiment in the Americas" at the 2002 Americas Food and Beverage Show held in Miami, Florida.
     Whereas, Robin Hildebrand started Blue Smoke, Inc., in 1993 in the basement of her home; and
     Whereas, In 1993 Cecilia Backus came on board as production manager and is now a partner/owner in the shop; and
     Whereas, In 2000 Blue Smoke, Inc., a top West Virginia agribusiness success story, celebrated its ten-year anniversary; and
     Whereas, Blue Smoke, Inc., features an 11-item product line, employs seven people and recently opened a new production facility in a restored storefront in downtown Ansted which also houses a gift shop selling gourmet foods and works of more than 60 West Virginia artisans; and
     Whereas, With its Blue Smoke Salsa, Blue Smoke, Inc., brought back one of the top awards from the 2002 Americas Food and Beverage Show, an international competition; and
     Whereas, Blue Smoke Salsa won the top award out of a field of approximately three dozen entries after being judged by a prestigious group of top food and trade experts, including a syndicated columnist and author and the Peruvian Trade Commissioner; therefore, be it
     Resolved by the Senate:
     That the Senate hereby congratulates Blue Smoke, Inc., of Ansted and its co-owners, Robin Hildebrand and Cecilia Backus, for winning "Best Salsa, Sauce or Condiment in the Americas" at the 2002 Americas Food and Beverage Show; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Blue Smoke, Inc., and its co-owners and employees.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Larry J. Edgell,
                               Chair.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 21, Requesting Division of Highways name bridge on Route 28, near Romney, "John Blue Bridge".
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation.
     The Senate proceeded to the ninth order of business.
     Com. Sub. for Senate Bill No. 162, Expunging certain motor vehicle license information for nineteen-year-olds.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 182, Meeting federal standards for certain child passenger seats and safety devices.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 210, Permitting retired state police to carry concealed weapon for life.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 337, Simplifying process for adoption of children from foreign countries.
     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.
     Senate Bill No. 100, Exempting barbers from continuing education classes.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Com. Sub. for Senate Bill No. 181, Relating to compulsory school attendance and home school instruction.
     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.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, January 31, 2003, at 11 a.m.
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