WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
TWENTY-EIGHTH DAY
____________
Charleston, W. Va., Tuesday, February 4, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Arnold Kaufman, First Church of
God, McMechen, West Virginia.
Pending the reading of the Journal of Monday, February 3,
2003,
On motion of Senator Love, 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. 2301--A Bill to amend and
reenact section four, article ten, chapter seven of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, relating to animals seized pursuant to allegations of neglect or
cruel treatment; and providing funding for necessary care of
animals seized pursuant to allegations of neglect or cruel
treatment.
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. 2778--A Bill to amend and reenact section
fifty, article two, chapter fifteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to the
continuation of the West Virginia state police.
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. 2779--A Bill to amend and reenact section
eight, article ten-l, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to continuation of the personal assistance services
program.
Referred to the Committee on Government Organization.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Joint Resolution No. 6, Proposing amendment to
Constitution designated Legislative Pay Raise Reform Amendment.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Joint Resolution No. 6 (originating in
the Committee on Finance)--Proposing an amendment to the
Constitution of the State of West Virginia, amending section
thirty-three, article VI thereof, relating to legislative pay raise
reform; numbering and designating such proposed amendment; and
providing a summarized statement of the purpose of such proposed
amendment.
With the recommendation that the committee substitute be
adopted.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 170 (originating in the
Committee on the Judiciary), Requiring informed consent for performing abortion.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 170 (originating
in the Committee on Finance)--A Bill
to amend chapter sixteen of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article two-i,
relating to requiring informed consent for an abortion to be
performed; requiring certain information to be supplied to females
considering abortion; establishing minimum waiting period for
abortions after having been supplied information; exception for a
medical emergency; rulemaking; reporting requirements; requiring
the secretary of the department of health and human resources to
publish information and develop a website on alternatives to
abortion; protection of privacy in court proceedings;
administrative remedies; criminal offenses; and penalties.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 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.
Senate Bill No. 253, Authorizing department of environmental
protection to promulgate legislative rule relating to water
pollution control permit fee schedules.
Senate Bill No. 299, Authorizing insurance commissioner to
promulgate legislative rule relating to mental health parity.
And,
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 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 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. 226, Authorizing department of administration
to promulgate legislative rule relating to general administration
of records management and preservation.
Senate Bill No. 227, Authorizing department of administration
to promulgate legislative rule relating to records retention and
disposal scheduling.
Senate Bill No. 228, Authorizing department of administration
to promulgate legislative rule relating to management of records
maintained by records center.
Senate Bill No. 229, Authorizing department of administration
to promulgate legislative rule relating to technology access for
visually impaired.
Senate Bill No. 230, Authorizing department of administration
to promulgate legislative rule relating to parking.
Senate Bill No. 233, Authorizing auditor to promulgate
legislative rule relating to standards for requisitions for payment
issued by state officers on auditor.
Senate Bill No. 234, Authorizing auditor to promulgate
legislative rule relating to transaction fee and rate structure.
Senate Bill No. 263, Authorizing fire commission to promulgate
legislative rule relating to state building code.
Senate Bill No. 264, Authorizing fire commission to promulgate
legislative rule relating to fire department rescue services.
Senate Bill No. 268, Authorizing board of funeral service
examiners to promulgate legislative rule relating to crematory
requirements.
Senate Bill No. 317, Authorizing nursing home administrators
licensing board to promulgate legislative rule relating to nursing
home administrators.
Senate Bill No. 329, Authorizing secretary of state to
promulgate legislative rule relating to registry for notification
of state of emergency.
And,
Senate Bill No. 334, Authorizing board of veterinary medicine
to promulgate legislative rule relating to schedule of fees.
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,
Edwin J. Bowman,
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 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. 231, Authorizing department of administration
to promulgate legislative rule relating to qualifications for
participation.
Senate Bill No. 241, Authorizing division of culture and
history to promulgate legislative rule relating to cultural
facilities and capitol resources grant program.
Senate Bill No. 255, Authorizing board of dental examiners to
promulgate legislative rule relating to formation and approval of
dental corporations.
Senate Bill No. 267, Authorizing board of funeral service
examiners to promulgate legislative rule relating to board.
Senate Bill No. 319, Authorizing division of personnel to
promulgate legislative rule relating to division.
And,
Senate Bill No. 333, Authorizing board of veterinary medicine
to promulgate legislative rule relating to standards of practice.
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,
Edwin J. Bowman,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Bill No. 307, Authorizing division of motor vehicles to
promulgate legislative rule relating to motor vehicle inspection
manual.
Senate Bill No. 309, Authorizing division of motor vehicles to
promulgate legislative rule relating to denial, suspension,
revocation or nonrenewal of driving privileges.
And,
Senate Bill No. 310, Authorizing division of motor vehicles to
promulgate legislative rule relating to motor vehicle dealers,
wrecker/dismantler/rebuilders and license services, automobile
auctions, vehicle leasing companies, daily passenger rental car
businesses and administrative due process.
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,
Mike Ross,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Bill No. 308, Authorizing division of motor vehicles to
promulgate legislative rule relating to examination and issuance of
driver's licenses.
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,
Mike Ross,
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 Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Bill No. 342, Limiting time driver's license may be
issued to certain noncitizens.
Senate Bill No. 388, Modifying requirements for titling and
registration of imported vehicles.
And,
Senate Bill No. 390, Removing requirement social security
number appear on commercial driver's license.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Mike Ross,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 414, Authorizing real estate commission to
enter into license reciprocity agreements with other states.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Concurrent Resolution No. 13, Requesting Division of Highways name bridge crossing Kermit to Kentucky "Herbert 'Hub'
Cline Bridge".
And,
Senate Concurrent Resolution No. 21, Requesting Division of
Highways name bridge on Route 28 near Romney "John Blue Bridge".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Mike Ross,
Chair.
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 Bowman and McKenzie:
Senate Bill No. 435--
A Bill to amend and reenact section
thirteen, article five, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
amend and reenact section one, article one, chapter eighteen-a of
said code, all relating to county boards of education generally;
and expanding job-sharing arrangements to include employees who are
not professional employees.
Referred to the Committee on Education.
By Senators Hunter, Oliverio, Prezioso, Kessler, Snyder, Caldwell, Dempsey, Love, Bailey, Helmick, McCabe, Rowe, Fanning,
Bowman, McKenzie, Ross, White, Jenkins, Minard, Unger and Sharpe:
Senate Bill No. 436--
A Bill to amend chapter twenty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article eight,
relating to directing the public service commission to implement
the West Virginia 211 information and referral system in accordance
with the recommendations of the public service commissions'
appointed task force as reported to the Legislature in two thousand
two.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Tomblin (Mr. President):
Senate Bill No. 437--
A Bill to amend and reenact section four,
article six, chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend and
reenact section forty, article three, chapter five-a of said code,
all relating to requiring that the joint committee on government
and finance approve any acquisitions, rental contracts, leases or
other long-term agreements for state office space, buildings or
grounds by the building commission or the secretary of
administration.
Referred to the Committee on Finance.
By Senators Prezioso, Unger, Caldwell, Hunter, Love, Dempsey and Rowe:
Senate Bill No. 438--
A Bill to amend and reenact section six,
article seven, 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 eight of said chapter, all relating to
higher education adjunct faculty generally; and providing that any
employee teaching nine semester hours per semester is a full-time
faculty member.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Prezioso, Unger, Plymale, Bowman, Kessler,
Caldwell, Hunter, Jenkins, Dempsey, Edgell and Fanning:
Senate Bill No. 439--
A Bill to amend article seven, chapter
eighteen-b of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section twelve; and to amend and reenact section five, article nine
of said chapter, all relating to overtime and holiday pay for
classified employees; providing for additional payment for weekend
and holiday work; and removing the twenty-year cap for the annual
experience increment.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Rowe, White, Chafin and Guills:
Senate Bill No. 440--
A Bill to amend chapter fifty-six of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article four-
a, relating to establishing the contractors notice and opportunity
to cure act.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Tomblin (Mr. President), Bailey, Hunter, Love,
Ross, White, Dempsey, Deem, Facemyer, Caldwell, Unger, Prezioso,
Helmick, Fanning, McKenzie, Bowman, Kessler, Minard and Minear:
Senate Bill No. 441--
A Bill to repeal section twelve-a,
article one, chapter twelve of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to repeal sections
ten, fifteen and twenty-one, article six of said chapter; to amend
and reenact sections two, seven, twelve and thirteen, article one
of said chapter; to amend and reenact sections one, two and three,
article two of said chapter; to amend and reenact sections one and
one-a, article three of said chapter; to amend and reenact sections
three, four and six, article three-a of said chapter; to amend and
reenact sections one and five, article five of said chapter; to
amend and reenact sections one-a, two, five, eight, nine-e, twelve,
thirteen, sixteen and nineteen, article six of said chapter; and to
further amend said chapter by adding thereto a new article,
designated article six-c, all relating generally to the management
and investment of moneys by the state; designating financial institutions as depositories for state funds; adding state and
federal savings and loan associations as candidates as depository
banks; removing requirement the state treasurer retain and invest
money for current operation purposes; providing types of accounts;
requiring approval of state treasurer to open account or process
transaction through financial institution and exceptions; adding
provision that the requirement that state funds only be deposited
in designated depositories meeting collateral requirements does not
apply to bond proceeds from the sale of general obligation bonds
and bonds issued by various state entities; requiring contracts or
agreements for banking goods or services with exceptions for trust
and investment accounts for various bond issues; directing the
treasurer to invest moneys; disposition of earnings on investments;
expressly allowing payments to the state by electronic funds
transfer; distribution of deposit reports; deleting collections by
the chief inspector of public offices as the position no longer
exists; requiring spending units to comply with procedures for
receipt and disbursement of moneys not due the state; requiring
disposition of federal funds transferred from unclaimed property
division; extending the time for stale checks to become unclaimed
property from six months to one year; requiring competitive bids
for the selection of vendors to implement electronic capabilities
of offices of state treasurer and auditor; specifying legal effect
of documents and electronic signatures and adding the comptroller; administration of the West Virginia check card; allowing the state
treasurer to authorize spending units to assess and collect fees
for electronic commerce receipts; adding cash to the definition of
securities; authorizing the treasurer to create any accounts needed
for the deposit of cash, to invest the money and to prescribe forms
and procedures for receipt and disbursements of the moneys;
transfer of management of consolidated fund from investment
management board to the state treasurer; amending definition of
consolidated fund; investment of funds of political subdivisions;
transferring rights, duties and responsibilities for the
consolidated fund and certain loans made from consolidated fund;
creating the consolidated fund investment act; stating purposes and
findings of the act; specifying the authority of the treasurer for
investments and restrictions on investments; continuing the
consolidated fund and vesting it in the state treasurer on the
first day of July, two thousand three; transferring the management,
control and administration of the consolidated fund to the state
treasurer from the investment management board; requiring the state
treasurer to retain an internal auditor; requiring the treasurer to
annually develop, adopt and review asset allocation plans and
investment policies; specifying permitted investments; authorizing
loans for industrial development and investment in the West
Virginia enterprise capital fund, LLC; handling of securities;
establishing the uniform prudent investor act as the standard of care; requiring the investment management board to transfer the
cash, securities and other investments of the consolidated fund to
the treasurer on the first day of July, two thousand three;
requiring audits, financial statements and reports; specifying that
spending units retain the functions and duties imposed by law as to
any fund or account; creating fee and investment accounts; and
authorizing fees for administration and expenses.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 442--
A Bill to amend article seven, chapter
seven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section five, relating to providing that the position of
prosecuting attorney in Mingo County is a part-time position.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Chafin, Helmick and Bailey:
Senate Bill No. 443--
A Bill to amend and reenact section
three-e, article thirteen-a, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to establishing the selection and funding of economic and
infrastructure projects under the direction of the director of the
West Virginia development office.
Referred to the Committee on Finance.
By Senators Hunter, Unger, Jenkins, Minard, Caldwell, Rowe,
Love, Plymale and Dempsey:
Senate Bill No. 444--
A Bill to amend and reenact section one,
article ten-d, chapter five 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
ten-e, all relating to the consolidated public retirement board;
providing that the board administer the emergency medical services
retirement system; setting forth that each board member has a
fiduciary obligation to each retirement system and to each member
of those retirement systems; clarifying that board members are not
personally liable for any debt or obligation of the board unless
certain circumstances exist; directing board members to discharge
their duties in accordance with the law governing the retirement
systems; and establishing the emergency medical services retirement
system act.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Snyder:
Senate Bill No. 445--
A Bill to amend chapter twenty-nine of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article one-k;
and to amend and reenact sections seven, nine and fourteen, article three, chapter thirty of said code, all relating to creating a
legislative oversight commission on health care professionals
licensed in West Virginia; requiring the board of medicine to
submit an annual report to the Legislature and governor detailing
statistical information relating to physicians; expungement of
records maintained by the board; professional discipline; changing
number of judgments leading to investigation; adding conviction of
felony crime of violence as basis for automatic revocation; and
requiring hearing within ninety days of charges.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Boley and Minear:
Senate Bill No. 446--
A Bill to amend chapter five-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article four,
relating to the "West Virginia Job Creation Zones Act of 2003";
providing for certain tax exemptions for qualified new businesses
in the twelve counties with the highest rate of unemployment; and
providing other conditions and procedures.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
Senators Tomblin (Mr. President), 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 and White offered the
following resolution:
Senate Concurrent Resolution No. 22--
Memorializing the lives
of seven heroes who perished in the loss of the space shuttle
Columbia.
Whereas, On January 16, 2003, the space shuttle Columbia
lifted off from Kennedy Space Center in Florida to embark on a 16-
day mission dedicated to research of physical, life and space
sciences; and
Whereas, The crew of space shuttle Columbia was comprised of
six American astronauts and one Israeli astronaut who was the first
ever from his country to fly in space. The crew members were:
Colonel Rick D. Husband, Commander, U. S. Air Force; Commander
William C. McCool, Pilot, U. S. Navy; Lieutenant Colonel Michael P.
Anderson, Payload Commander, U. S. Air Force; Captain David M.
Brown, M. D., Mission Specialist 1, U. S. Navy; Kalpana Chawla, Ph.
D., Mission Specialist 2; Commander Laurel Blair Salton Clark, M.
D., Mission Specialist 4, U. S. Navy; and Colonel Ilan Ramon,
Payload Specialist 1, Israel Air Force; and
Whereas, The crew of space shuttle Columbia worked around the
clock in two alternating shifts and conducted approximately 80
separate experiments which consisted of hundreds of samples and
test points. It was considered by NASA to have been a successful mission; and
Whereas, On Saturday, February 1, 2003, space shuttle Columbia
was lost during its reentry into the Earth's atmosphere; and
Whereas, As we mourn the loss of these seven brave astronauts,
we extend our sincere sympathy to the families of those lost whose
lives have forever changed as a result of this tragedy; therefore,
be it
Resolved be the Legislature of West Virginia:
That the Legislature hereby memorializes the lives of seven
heroes who perished in the loss of the space shuttle Columbia; and,
be it
Further Resolved, That the Legislature extends its sincere
sympathy to the families of Commander Rick D. Husband, Pilot
William C. McCool, Payload Commander Michael P. Anderson, Mission
Specialist Kalpana Chawla, Mission Specialist David M. Brown,
Mission Specialist Laurel B. Clark and Payload Specialist Ilan
Ramon; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the families of
the seven astronauts who perished onboard space shuttle Columbia.
At the request of Senator Snyder, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
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.
Senators Plymale, Edgell, Tomblin (Mr. President), Unger,
Caldwell, Rowe, McCabe, Kessler, Jenkins, Bowman, Helmick, Snyder,
Bailey, Prezioso, White, Fanning, Minard, Sharpe, Ross, Dempsey,
Love, Deem, Facemyer, Hunter, Oliverio, McKenzie, Weeks, Boley,
Guills, Minear and Sprouse offered the following resolution:
Senate Resolution No. 13--
Designating February 4, 2003, as
"Higher Education Day".
Whereas, The foundation of any society's success is the degree
to which its citizens are educated; and
Whereas, The citizens of West Virginia are committed to
supporting higher education; and
Whereas, West Virginia's colleges and universities increase
the knowledge base of West Virginia's students, as well as those
from other states; and
Whereas, West Virginia's education system helps students
achieve their educational goals and meet the workforce needs of
West Virginia and the United States; and
Whereas, Not only does the education system contribute to the
economic vitality of the state, but it enriches the culture and
life of all communities and regions within the state, as well as
outside its boundaries; and
Whereas, West Virginia's colleges and universities advance the
development of technology, partner with business and industry,
conduct groundbreaking research and improve lives through advanced
health care; and
Whereas, Through the services of outstanding faculty, staff,
administration and executive leadership, West Virginia's colleges
and universities have developed student-centered programs and
curriculums; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 4, 2003, as "Higher
Education Day"; and, be it
Further Resolved, That the Senate recognizes the commitment to
excellence the leaders of our colleges and universities have
demonstrated; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Chancellor of the Higher Education
Policy Commission, the President of West Virginia Independent
Colleges and Universities, Inc., and to each of the presidents of
West Virginia's private and public colleges and universities.
At the request of Senator Plymale, 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 Unger presented a petition from Donna F. Yost and
fifty-three Berkeley County teachers, requesting the Legislature to
increase the tobacco tax by one dollar per pack of cigarettes.
Referred to the Committee on Finance.
Senator Fanning presented a petition from Vera Brooks and
fifty-one McDowell County teachers, requesting the Legislature to
increase the tobacco tax by one dollar per pack of cigarettes.
Referred to the Committee on Finance.
Senator Minear presented a petition from Christine M. Poling
and eleven West Virginia teachers, requesting the Legislature to
increase the tobacco tax by one dollar per pack of cigarettes.
Referred to the Committee on Finance.
Senator Deem presented a petition from Eric Murphy and thirty
Wood 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 Chafin, and by unanimous consent,
the Senate returned 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
Senate Bill No. 381, Adding professional surveyors to
professional limited liability companies.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 447 (originating in the Committee on Natural
Resources)--A Bill to amend and reenact section twenty-eight,
article two, chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to allowing
the director of natural resources to enter reciprocal agreements
with the state of Ohio with regard to hunting and fishing on
tributaries of the Ohio River.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
John Pat Fanning,
Chair.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 100, Exempting barbers, beauticians and
manicurists
from continuing education classes for license renewal.
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. 100) passed.
At the request of Senator Prezioso, as chair of the Committee
on Health and Human Resources, and by unanimous consent, the
unreported Health and Human Resources committee amendment to the
title of the bill was withdrawn.
On motion of Senator Prezioso, the following amendment to the
title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 100--A Bill
to amend and reenact section four, article twenty-seven, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to renewal of licenses of barbers, beauticians and
manicurists; reinstatement of inactive licenses; and providing that
continuing education is not a requirement for renewal of a license
for barbers, beauticians or manicurists.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 415, Continuing environmental quality
board.
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. 415) 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. 416, Continuing massage therapy licensure
board.
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. 416) 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. 417, Continuing commission for deaf and
hard-of-hearing.
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. 417) 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. 418, Continuing investment management
board.
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, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: Chafin--1.
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. 418) 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. 419, Continuing governor's office of
fiscal risk analysis and management.
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,
Sharpe, Smith, Snyder, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: Rowe and Sprouse--2.
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. 419) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Minear, and by unanimous consent,
the Senate returned to the sixth order of business, which agenda
includes the making of main motions.
Senator Minear moved that the Senate request the return from
the House of Delegates of
Eng. Senate Bill No. 100, Exempting barbers, beauticians and
manicurists from continuing education classes for license renewal.
Passed by the Senate in earlier proceedings today.
The question being on the adoption of Senator Minear's
aforestated motion, the same was put.
The result of the voice vote being inconclusive, Senator
Minear demanded a division of the vote.
A standing vote being taken, there were twenty-four "yeas" and
six "nays".
Whereupon, the President declared Senator Minear's aforestated
motion had prevailed.
The bill (Eng. S. B. No. 100) still being in the possession of
the Senate,
On motion of Senator Minear, the Senate reconsidered its
action by which in prior proceedings today it adopted Senator
Prezioso's amendment to the title of the bill.
The question being on the adoption of Senator Prezioso's
amendment to the title of the bill.
Thereafter, at the request of Senator Prezioso, unanimous
consent being granted, Senator Prezioso's amendment to the title of
the bill (shown in the Senate Journal of today, pages 26 to 27) was
withdrawn.
On motion of Senator Minear, the Senate reconsidered the vote
as to the passage of the bill.
The vote thereon having been reconsidered,
The question again being on the passage of the bill, the yeas
were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey,
Edgell, Facemyer, Fanning, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Ross, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White
and Tomblin (Mr. President)--31.
The nays were: Guills, Minear and Rowe--3.
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. 100) passed.
On motion of Senator Prezioso, the following amendment to the
title of the bill was again reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 100--A Bill
to amend and reenact section
four, article twenty-seven, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to renewal of licenses of barbers, beauticians and
manicurists; reinstatement of inactive licenses; and providing that
continuing education is not a requirement for renewal of a license for barbers, beauticians or manicurists.
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.
Eng. Com. Sub. for House Bill No. 2121, Establishing the
"All-Terrain Vehicle Safety Act" and the reasons therefor.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, February 5, 2003, at 11 a.m.
____________