WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

TWENTY-SEVENTH DAY

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Charleston, W. Va., Monday, February 3, 2003

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

     Prayer was offered by the Reverend Rick Perrine, Ripley Baptist Temple, Ripley, West Virginia.
     Pending the reading of the Journal of Friday, January 31, 2003,
     On motion of Senator Jenkins, 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. 2512--A Bill to amend and reenact section six, article one-a, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to competitive bidding and notice requirements for the development of natural resources in which the public land corporation has an interest; and requiring public hearings, publication of notices and procedure if evidence establishes or fails to establish the fair market value of the mineral interest.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     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. 2693--A Bill to amend and reenact sections three and six, article two-b, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to DNA sample required for DNA analysis upon conviction; definitions; and requiring DNA samples for certain prisoners.
     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. 2750--A Bill to amend and reenact article one, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirteen-a, relating to continuation of the office of health facility licensure and certification.
     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. 2751--A Bill to amend and reenact section one-a, article two, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the department of health and human resources.
     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. 2752--A Bill to amend and reenact section fifteen, article five-p, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the bureau of senior services.
     Referred to the Committee on Government Organization.
     The Senate proceeded to the fourth order of business.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2121, Establishing the "All-Terrain Vehicle Safety Act" and the reasons therefor.
     With amendments from the Committee on Transportation pending;
     And has also amended same.
     And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
     By Senators Plymale and Jenkins:
     Senate Bill No. 425--A Bill to amend and reenact section one- d, article one, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the higher education policy commission to participate in retirement and separation incentives.
     Referred to the Committee on Education; then to the Committee on Pensions; and then to the Committee on Finance.
     By Senators Dempsey, Hunter and White:
     Senate Bill No. 426--A Bill to amend article five-c, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto seven new sections, designated sections twenty through twenty-six, inclusive, all relating to nursing homes; requiring adequate staffing; specifying certain staff to resident ratios; providing enforcement provisions; including civil penalties; requiring a study committee; providing enhanced training requirements for nurse aides; and providing a grant program for projects aimed at reducing employee turnover in nursing homes.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senators Love and Hunter:
     Senate Bill No. 427--A Bill to amend chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article fourteen-f, relating to creating the "West Virginia Division of Corrections Retirement System Act".
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senators Love, Sharpe, Edgell and Minear:
     Senate Bill No. 428--A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state and directing the auditor to issue warrants for the payment thereof.
     Referred to the Committee on Finance.
     By Senators Bowman, Prezioso and Unger:
     Senate Bill No. 429--A Bill to amend and reenact section twenty-two, article ten, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to public employees retirement generally; and increasing the multiplier from two percent to two and one-quarter percent.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senators Ross, Sharpe and Oliverio:
     Senate Bill No. 430--A Bill to amend and reenact section four, article twenty-two, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing certain restrictions on outdoor advertising in addition to existing restrictions.
     Referred to the Committee on Transportation.
     By Senators Harrison and Weeks:
     Senate Bill No. 431--A Bill to amend and reenact section three, article fourteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to reducing by five cents the excise tax on all gasoline and special fuel sold in this state.
     Referred to the Committee on Finance.
     By Senator Oliverio:
     Senate Bill No. 432--A Bill to amend and reenact section two- a, article three, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to deleting the provision requiring magistrates to set payment plans when they collect a portion of a fine.
     Referred to the Committee on the Judiciary.
     By Senators Plymale, Edgell, Minard, Kessler, Bowman, Caldwell, Hunter, White, Rowe, Fanning, Sharpe, Ross, Dempsey, Love and Snyder:
     Senate Bill No. 433--A Bill to amend and reenact sections two, five and twenty-five, article sixteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to providing coverage to employees who work full-time whether regularly employed or not; excluding costs projected to be paid for retired employees from the calculation for premium cost sharing; and limiting funds transferred annually to the reserve fund to ten percent of the projected medical and prescription drug claim cost for each fiscal year.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Plymale, Edgell, Love and Sharpe:
     Senate Bill No. 434--A Bill to amend and reenact sections two, three, five, fifteen, sixteen and nineteen, article nine-d, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the school building authority generally; clarifying rule-making powers of school building authority; adding definition of "rule"; requiring that rules be filed with the secretary of state and legislative oversight commission on education accountability; and changing the term "guidelines" to "rule" throughout.
     Referred to the Committee on Education.
     By Senators Oliverio, Jenkins and Hunter:
     Senate Joint Resolution No. 8--Proposing an amendment to the Constitution of the State of West Virginia, amending section ten, article VIII thereof, relating to increasing the term of office of magistrates from four to six years; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
     Referred to the Committee on the Judiciary.
     At the request of Senator Unger, and by unanimous consent, Senators Unger and Snyder offered the following resolution from the floor:
     Senate Resolution No. 12--Recognizing Leadership Berkeley for its service, dedication and commitment to Berkeley County.
     Whereas, The objective of Leadership Berkeley is to promote knowledge and awareness of the problems, opportunities and issues facing Berkeley County; and
     Whereas, Leadership Berkeley is designed to provide a series of educational and participatory experiences, as well as an opportunity for dialogue and the development of a correlation among participants in order to encourage local participation in the growth of Berkeley County; and
     Whereas, The membership of Leadership Berkeley includes individuals from nearly every facet of Berkeley County's business, professional, religious, governmental, educational, civic, the arts, organized labor and minority organizations who demonstrate a commitment to the community; and
     Whereas, The 2002-2003 membership of Leadership Berkeley consists of James Bombino, Arbour Family Chiropractic; Diane Creason, BB&T; Eugene DeLawder, DCPSSD; Michael Hicks, Frederick Seibert & Associates; Kenneth Marstiller, Berkeley County Schools; Scott Slick, BB&T; Nanette Stevens, West Virginia Housing Development Fund; Stacy Campbell, Huntington National Bank; Ross Curtis, Curtis Engineering; Cherise Garrido, Veterans Administration Medical Center; Laura Kees, Wells Fargo Home Mortgage; T. J. Roccogrande, Huntington National Bank; Sandy Sponaugle, Platinum PR; Timothy Taylor, Merrill Lynch; Barbara Corbin, Veterans Administration Medical Center; Michele Davis, Shenandoah Valley Medical System; James Gassler, Cox Nichols Hollida, Certified Public Accountants; Larry Kershner, Huntington National Bank; Christopher Ross, Pill & Pill; Amanda Steiner, Pill & Pill; and William Zinner, Alpha Associates, Inc.; therefore, be it
     Resolved by the Senate:
     That the Senate hereby recognizes Leadership Berkeley for its service, dedication and commitment to Berkeley County; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of Leadership Berkeley.
     At the request of Senator Unger, 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 recess for one minute.
     Upon expiration of the recess, the Senate reconvened and 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 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. 162) 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. 181, Relating to compulsory school attendance and home school instruction.
     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. 181) 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. 182, Meeting federal standards for certain child passenger seats and safety devices.
     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. 182) 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. 210, Permitting retired state police to carry concealed weapon for life.
     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, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: Chafin and Minear--2.
     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. 210) 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. 337, Simplifying process for adoption of children from foreign countries.
     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. 337) 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 ninth order of business.
     Senate Bill No. 100, Exempting barbers from continuing education classes.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Minard, the following amendment to the bill was reported by the Clerk and adopted:
     On page three, section four, line thirty-four, after the word "barber" by inserting a comma and the words "beautician or manicurist".
     The bill (S. B. No. 100), as amended, was then ordered to engrossment and third reading.
     Senate Bill No. 415, Continuing environmental quality board.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 416, Continuing massage therapy licensure board.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 417, Continuing commission for deaf and hard-of-hearing.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 418, Continuing investment management board.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 419, Continuing governor's office of fiscal risk analysis and management.
     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 eleventh order of business and the introduction of guests.
     Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, February 4, 2003, at 11 a.m.
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