WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
TWENTY-NINTH DAY
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Charleston, W. Va., Wednesday, February 5, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Gene Pauley, Trinity
Independent Baptist Church, South Charleston, West Virginia.
Pending the reading of the Journal of Tuesday, February 4,
2003,
On motion of Senator Minear, 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 concurrence by that body in the adoption of
Senate Concurrent Resolution No. 22, Memorializing lives of
seven heroes who perished in space shuttle Columbia.
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. 2694--A Bill to repeal sections eight and ten, article thirteen, chapter nineteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended; and to amend and reenact sections one, two, three, four,
five, six, seven and eleven of said article, all relating to
regulation of bees; removing pesticide poisoning and certain
violations; adding, deleting and amending definitions; authorizing
commissioner of agriculture to seize infected bees and bee
equipment; establishing expiration date for certificates of
registration; strengthening commissioner's inspection and
quarantine powers; clarifying manner of dealing with abandoned
apiaries and interstate movement of bees; making technical
corrections; and modifying penalties.
Referred to the Committee on Agriculture; and then 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. 2803--A Bill to amend article twenty-
seven, chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new
section, designated section seventeen, relating to continuation of
the board of barbers and cosmetologists.
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
Senate Bill No. 204, Relating to involuntary commitment
generally.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 204 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact sections
two and three, article five, chapter two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating to removing language which precludes incarcerated persons
from being subjected to mental hygiene proceedings; and clarifying
that licensed independent clinical social workers and advanced
nurse practitioners with psychiatric certification may certify
persons for purposes of mental health proceedings.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from 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. 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 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 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. 276, Authorizing division of health to
promulgate legislative rule relating to uniform credentialing of
health care practitioners.
Senate Bill No. 280, Authorizing division of human services to
promulgate legislative rule relating to tel-assistance program.
And,
Senate Bill No. 285, Authorizing division of human services to
promulgate legislative rule relating to family day care home
registration requirements.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 291, Authorizing insurance commissioner to
promulgate legislative rule relating to tail insurance covering
certain medical and allied health care providers.
Senate Bill No. 292, Authorizing insurance commissioner to
promulgate legislative rule relating to group accident and sickness
insurance minimum policy coverage standards.
Senate Bill No. 293, Authorizing insurance commissioner to
promulgate legislative rule relating to continuing education for
individual insurance producers.
Senate Bill No. 294, Authorizing insurance commissioner to
promulgate legislative rule relating to quality assurance.
Senate Bill No. 295, Authorizing insurance commissioner to
promulgate legislative rule relating to medical malpractice
insurance consent to rate and guide "A" rate agreements.
Senate Bill No. 296, Authorizing insurance commissioner to
promulgate legislative rule relating to credit personal property
insurance.
Senate Bill No. 297, Authorizing insurance commissioner to
promulgate legislative rule relating to standards for safeguarding
consumer information.
And,
Senate Bill No. 298, Authorizing insurance commissioner to
promulgate legislative rule relating to standard motor vehicle
policy provisions.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bills, under the original double committee references,
were 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. 336, Relating to uniform application forms for credentialing, recredentialing and updating information for health
care practitioners.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
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. 424, Authorizing commissioner of corrections
to consent to transfer of convicted offenders under federal treaty.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 424 (originating in the
Committee on the Judiciary)--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; requiring consent of
inmate; and requiring inmate be informed of rights and procedures
in a language he or she understands.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2122, Relating to medical
professional liability generally.
With amendments from the Committee on the Judiciary pending;
And has amended same.
And reports the same back with the recommendation that it do
pass as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
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 Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 448--A Bill to amend article two, chapter
sixty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section twenty-two, relating generally to powers of alcohol
beverage control commissioner; and allowing commissioner to enter
into contracts for sale and promotion of certain proprietary
scanner technology.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 449--A Bill to amend article twenty-two,
chapter twenty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section eighteen-c, relating to transfers of
unappropriated net profit between state lottery fund and state
excess lottery fund.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 450--A Bill to amend chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article ten-c,
relating to creation and development of an automated tax
administration system and funding thereof; setting forth
legislative finding; specifying short title and purpose;
authorizing benefits-funded automated tax administration system
purchasing program; authorizing benefits' funding of the automated
tax administration system and payment of costs and compensation on
the basis of a percentage of the increase in the amount of taxes,
interest and penalties collected which is attributable to
implementation of the automated tax administration system, as may
be described in detail by contract or on a fixed fee contract basis, such fees to be paid from the increase in the amount of
taxes, interest and penalties collected which is attributable to
implementation of the automated tax administration system, as may
be described in detail by contract; requiring the tax commissioner
to make an annual determination of increased revenue attributable
to implementation of the automated tax administration system;
specifying deposit of moneys and treatment of local and municipal
moneys; creating automated tax administration system development
fund; specifying uses of moneys in the automated tax administration
system development fund and operation of automated tax
administration system development fund; specifying an annual
report; and specifying other contracts and purchases are not
prohibited or hindered by the article.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 451--A Bill to amend and reenact section one,
article two, chapter twenty-four 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
eleven-c, all relating to specifying the jurisdiction of the public
service commission over, and the application of said chapter
twenty-four to, owners or operators of, and persons, corporations
or other entities that intend to construct or construct and
operate, certain described electric-generating facilities, the
output of which is not sold directly to retail customers in West Virginia; and requiring persons, corporations and other entities
that intend to construct or construct and operate such electric-
generating facilities, or that intend to make or construct a
material modification thereof, to obtain from the public service
commission a siting certificate, in lieu of a certificate of public
convenience and necessity, for each such facility or material
modification thereof pursuant and subject to certain new provisions
and requirements which, among other things, allow the public
service commission, under specified circumstances, to seek the
imposition of civil or criminal penalties, or both such civil and
criminal penalties.
Referred to the Committee on the Judiciary.
By Senator McKenzie:
Senate Bill No. 452--A Bill to amend and reenact section
seven-a, article four, chapter eighteen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to removing the requirement that a substitute teacher work
at least one hundred thirty-three days in a school year to count
that employment toward seniority for full-time employment hiring
purposes.
Referred to the Committee on Education.
By Senators Hunter, Rowe, McCabe, Unger, Oliverio, Minard,
Caldwell, Kessler, Bowman, Fanning, Bailey, Love, Facemyer, Ross,
Weeks, Smith, Sharpe, Dempsey, Minear, Sprouse, Edgell, Plymale,
Prezioso, Helmick, Chafin, White, Jenkins and Tomblin (Mr.
President):
Senate Bill No. 453--A Bill to amend chapter forty-eight of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article
twenty-seven-a, relating to establishing the domestic violence
fatality review team.
Referred to the Committee on the Judiciary.
By Senators Rowe, Hunter, Caldwell, Unger, Dempsey and Smith:
Senate Bill No. 454--A Bill to amend and reenact section
twenty-two, article five, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to requiring county boards of education to employ one
school nurse for every one thousand three hundred pupils based upon
net enrollment in all grades; and allowing counties to enter into
agreement to employee nurses jointly on a shared-time basis in
order to comply with staffing ratios.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Minard and Unger:
Senate Bill No. 455--A Bill to amend article ten, chapter five
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new section, designated section
fifteen-b, relating to authorizing service credit toward retirement
to public employees for public employment in another state.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 456--A Bill to amend and reenact sections one
and two, article seventeen-a, chapter seventeen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating to construction financing for surface transportation
improvements through federal grant anticipation notes.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
By Senators Rowe, McCabe and Caldwell:
Senate Bill No. 457--A Bill to amend and reenact section
three-v, article one, chapter seven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
allowing counties adopting a floodplain ordinance to designate a
floodplain enforcement agency.
Referred to the Committee on Government Organization.
By Senators White, Rowe, Bailey, Dempsey, Fanning, Helmick,
Kessler, Jenkins, Love, Unger, Hunter, Bowman, Ross, Plymale,
Minard and Sharpe:
Senate Bill No. 458--A Bill to amend article five-b, chapter
sixteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section four-a, relating to requiring hospitals to implement a plan
to eliminate or substantially reduce medication-related errors.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Sprouse:
Senate Bill No. 459--A Bill to amend article three, chapter
ten of the code of West Virginia, one thousand nine hundred thirty-
one, as amended, by adding thereto a new section, designated
section three, relating to prohibiting the renaming or rededication
of certain monuments and memorials.
Referred to the Committee on Government Organization.
By Senators Tomblin (Mr. President), Chafin, Plymale, Bailey,
Kessler, Ross, Dempsey, Sharpe, Minard, Caldwell, Unger, Fanning,
White, Rowe, Prezioso, Snyder, Bowman, Helmick, Sprouse, Minear,
Guills, Weeks, Hunter, McKenzie, Facemyer, Smith, Edgell and Love:
Senate Bill No. 460--A Bill to amend chapter sixty-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article ten,
relating to the substance abuse prevention act; establishing the
"substance abuse prevention fund"; authorizing sources of funding
and revenue for the fund; providing for mandatory costs to be
collected from persons convicted of certain crimes which are
divided evenly between the county wherein the cost is collected and
the fund; designating purposes to be promoted by the fund; creating
the substance abuse prevention commission; designating members of
the commission; listing commission duties; and requiring the
commission to enlist and receive assistance from the partnership
for a drug-free West Virginia, a program under the auspices of the
West Virginia prevention resource center at Marshall university
graduate college.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senators Caldwell, Fanning, Chafin, Guills, Ross, Dempsey,
Unger, Sharpe and Oliverio offered the following resolution:
Senate Concurrent Resolution No. 23--Requesting the Division
of Highways name the intersection of U. S. Route 123 and the King
Coal Highway (I-73/74 Corridor) in Mercer County the "Nelson Walker
Interchange".
Whereas, Nelson Walker has dedicated his time, energy,
leadership and funds toward building and upgrading the King Coal
Highway (I-73/74 Corridor) and other roadways in West Virginia; and
Whereas, Nelson Walker served without pay as the Executive
Director of the I-73/74 Corridor Association and the King Coal
Highway Authority; and
Whereas, Nelson Walker has given his time and money traveling
the proposed corridor to garner support from social and
governmental organizations, as well as from local officials and
state and federal legislators; and
Whereas, It is fitting that a lasting tribute be made to such
an outstanding public servant as Nelson Walker whose dedication and
commitment to the people of West Virginia have spanned so many
years; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the intersection of U. S. Route 123 and the King Coal Highway
(I-73/74 Corridor) in Mercer County the "Nelson Walker
Interchange"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the interchange as the
"Nelson Walker Interchange"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation, the I-73/74 Corridor Association
and Nelson Walker.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 13, Requesting Division of
Highways name bridge crossing Kermit to Kentucky "Herbert 'Hub'
Cline Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 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.
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.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 2121, Establishing the
"All-Terrain Vehicle Safety Act" and the reasons therefor.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Kessler, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Joint Resolution No. 6, Proposing
amendment to Constitution designated Legislative Pay Raise Reform
Amendment.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Com. Sub. for Senate Bill No. 170, Requiring
informed consent for abortion; other provisions.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 342, Limiting time driver's license may be
issued to certain noncitizens.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 381, Adding professional surveyors to
professional limited liability companies.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 388, Modifying requirements for titling and
registration of imported vehicles.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 390, Removing requirement social security
number appear on commercial driver's license.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 414, Authorizing real estate commission to
enter into license reciprocity agreements with other states.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 447, Allowing reciprocal agreements with Ohio
regarding hunting and fishing.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Sprouse, Helmick and Plymale.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Sharpe, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 249, Authorizing department of environmental
protection to promulgate legislative rule relating to oil and gas conservation commission.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 356, Relating to insurance company holding
systems and federal Gramm-Leach-Bliley Act.
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,
Joseph M. Minard,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing
report from the Committee on Banking and Insurance.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 358, Relating to redomestication of domestic
insurance companies.
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,
Joseph M. Minard,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Banking and Insurance.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, February 6, 2003, at 11 a.m.
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