WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

TWENTY-FOURTH DAY

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Charleston, W. Va., Friday, January 31, 2003

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

     Debra Renee Burkhardt, London, West Virginia, proceeded in the singing of "The Lord's Prayer", accompanied by Larry Cole, Choral Director, West Virginia University Institute of Technology, Montgomery, West Virginia.
     Pending the reading of the Journal of Thursday, January 30, 2003,
     On motion of Senator McCabe, 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, to take effect July 1, 2003, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2155--A Bill to amend and reenact section three, article one-a, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section one, article ten of said chapter, all relating to higher education; tuition and fees; peer institutions; adjustments to peer institutions; and limitations on tuition and fee increases.
     Referred to the Committee on Education; and then to the Committee on Finance.
     The Senate 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. 272, Authorizing department of health and human resources to promulgate legislative rule relating to nurse aid abuse registry.
     And,
     Senate Bill No. 275, Authorizing division of health to promulgate legislative rule relating to surrogates for incapacitated persons in health care facilities operated by department of health and human resources.
     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 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. 274, Authorizing division of health to promulgate legislative rule relating to medical examiner rule for postmortem inquiries.
     And,
     Senate Bill No. 321, Authorizing board of pharmacy to promulgate legislative rule relating to fees for pharmacist recovery networks.
     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 Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance 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.
     Senate Bill No. 322, Authorizing board of pharmacy to promulgate legislative rule relating to controlled substances monitoring.
     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 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 Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2122, Relating to medical professional liability generally.
     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,
                               Jeffrey V. Kessler,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on the Judiciary 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 Jenkins, Plymale and Minard:
     Senate Bill No. 420-A Bill to amend and reenact section seven, article one, chapter eleven-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section twenty, article three of said chapter, all relating to real and personal property taxes; sheriff's tax on sale of real estate erroneously assessed or nonexistent; modifying the method for a purchaser to recover the purchase money; limiting the period of time for demanding a refund; and requiring that delinquent personal property taxes, just as real estate taxes, must be paid before current taxes may be paid.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Jenkins and Plymale:
     Senate Bill No. 421- A Bill to amend and reenact sections two, three, four and six-a, chapter twenty-six, acts of the Legislature, regular session, one thousand nine hundred twenty-five, as last amended by chapter one hundred ninety-four, acts of the Legislature, regular session, one thousand nine hundred eighty- three, all relating to the greater Huntington park and recreation district; and increasing the number of members on the board.
      Referred to the Committee on Government Organization.
     By Senator Chafin:
     Senate Bill No. 422- A Bill to amend and reenact section four- b, article two, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to broadening the power of the public service commission to allow an emergency rate for a municipality or a utility cooperative.
      Referred to the Committee on the Judiciary.
     By Senator Bailey:
     Senate Bill No. 423-A Bill to amend and reenact section six, article thirteen-a, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to fees for renewal of license to practice land surveying; and allowing the board of examiners of land surveyors to set certain fees by rule.
     Referred to the Committee on Government Organization.
     By Senators Love, Dempsey, Hunter, White, Rowe and Ross:
     Senate Bill No. 424- A Bill to amend article one, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section sixteen-a, relating to governor's authority to authorize the commissioner of corrections to consent to transfers of convicted offenders under a federal treaty.
     Referred to the Committee on the Judiciary.
      The Senate proceeded to the seventh order of business.
     Senate Resolution No. 11, Congratulating Blue Smoke, Inc.
     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.
      The Senate proceeded to the eighth order of business.
     Eng. Com. Sub. for Senate Bill No. 162, Expunging certain motor vehicle license information for nineteen-year-olds.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Eng. Senate Bill No. 182, Meeting federal standards for certain child passenger seats and safety devices.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
      Eng. Com. Sub. for Senate Bill No. 210, Permitting retired state police to carry concealed weapon for life.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
      Eng. Senate Bill No. 337, Simplifying process for adoption of children from foreign countries.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
      The Senate proceeded to the ninth order of business.
     Senate Bill No. 100, Exempting barbers from continuing education classes.
     On second reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Ross, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
      Com. Sub. for Senate Bill No. 181, Relating to compulsory school attendance and home school instruction.
     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.
     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Senate Bill No. 415, Continuing environmental quality board.
     Senate Bill No. 416, Continuing massage therapy licensure board.
     Senate Bill No. 417, Continuing commission for deaf and hard-of-hearing.
     Senate Bill No. 418, Continuing investment management board.
     And,
     Senate Bill No. 419, Continuing governor's office of fiscal risk analysis and management.
      The Senate proceeded to the twelfth order of business.
     Remarks were made by Senators Snyder and Chafin.
     At the request of Senator White, unanimous consent being granted, the Senate returned to the sixth order of business.
Petitions

     Senator White presented a petition from Bryan Jordan and numerous West Virginia residents, requesting the Legislature to reform the medical liability system.
     Referred to the Committee on Finance.
     The Senate again proceeded to the twelfth order of business.
     Remarks were made by Senators Deem, Chafin, Sprouse, Kessler, Minear, Hunter, Ross and Facemyer.
     Thereafter, at the request of Senator Ross, and by unanimous consent, the remarks by Senator Kessler were ordered printed in the Appendix to the Journal.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until Monday, February 3, 2003, at 11 a.m.
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