WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

THIRTY-SIXTH DAY

____________

Charleston, W. Va., Wednesday, February 12, 2003

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

     Prayer was offered by the Reverend Homer H. Davis, Retired United Methodist Clergy, Charleston, West Virginia.
     Pending the reading of the Journal of Tuesday, February 11, 2003,
     On motion of Senator Ross, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     Senator Sharpe called attention to today being the birthday of Henry D. Winnell, Administrative Assistant to the Clerk, and on behalf of the Senate extended felicitations and good wishes to Henry D. Winnell, with Senator Sharpe leading the members in singing "Happy Birthday".
     The Senate proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of five from each house on the disagreeing votes of the two houses, as to
     Eng. Com. Sub. for House Bill No. 2122, Relating to medical professional liability generally.
     The message further announced the appointment of the following conferees on the part of the House of Delegates:
     Delegates Amores, Craig, Mahan, Kominar and Armstead.
     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. 2266--A Bill to amend and reenact section three, article ten, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to cooperation between law-enforcement agencies generally; and including the state fire marshal and deputy and assistant fire marshals within the definition of criminal justice enforcement personnel for the purpose of authorizing the state fire marshal and deputy and assistant fire marshals to cooperate and assist other law-enforcement agencies.
     Referred to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2281--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 raising the allowable earnings limit of higher education personnel who retired under the severance plan; and setting forth an external standard to govern this limit.
     Referred to the Committee on Education; then to the Committee on Pensions; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2383--A Bill to amend and reenact section two, article three, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to teacher certification generally; requiring the state department of education to present a comprehensive teacher certification plan to the legislative oversight commission on education accountability prior to the first day of July, two thousand three; prohibiting requirement of student-teaching for certain different specialization or subject area; and providing that county boards of education are responsible for certifying teachers if the commission does not adopt the state plan by the first day of January, two thousand five.
     Referred to the Committee on Education.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2763--A Bill to amend and reenact section seventeen, article fifteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to auxiliary lighting on motor vehicles; allowing original equipment roof-mounted light bar lighting devices on motor vehicles when used off road; and requiring that the devices be turned off and covered when the motor vehicle is operated on a road or highway.
     Referred to the Committee on Transportation.
     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. 2888--A Bill to amend article fourteen, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section sixteen, relating to continuation of the board of osteopathy.
     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. 2889--A Bill to amend article twenty-one, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section sixteen, relating to continuation of the board of examiners of psychologists.
     Referred to the Committee on Government Organization.
Executive Communications

     
The following communication from His Excellency, the Governor, was reported by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

February 11, 2003

Senate Executive Message No. 4
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
     The following amends and replaces the "Lottery Fund - Statement of Revenues, Expenditures and Changes in Cash Balance" which I submitted to you on January 8, 2003, as part of my Executive Budget Document for the fiscal year ending June 30, 2004:
Lottery Fund

Statement of Revenues, Expenditures and Changes in Cash Balance

(Expressed in Thousands)

  Surplus Balance July 1, 2002                                           $  76,776
PLUS:                                                   Revenue Estimate FY 2003                           169,000
  Estimated Balance                                                      $        245,776
LESS:                                                   Regular Appropriations FY 2003        $        182,082          
  Supplemental Appropriation (SB 3006) FY 2003           18,628
  Reserve for Cash Flow/Contingencies                   _______ 43,500__________ (244,210)
  Estimated Balance - June 30, 2003                                      $         1,566
PLUS:                                                   Revenue Estimate FY 2004                  __ 170,100
  Estimated Balance                                                      $        171,666
LESS:                                                   Recommended Appropriations FY 2004
  Development Office - Division of Tourism             $ 11,720
  Division of Natural Resources                           3,125
  Department of Education                                36,368
  School Building Authority                              18,000
  Education and the Arts - Office of the Secretary        3,469
  Education and the Arts - Division of Culture and History             4,628
  Education and the Arts - Educational Broadcasting Authority          423
  Education and the Arts - Library Commission             9,374
  Higher Education Policy Commission                           37,222we3
  Bureau of Senior Services                              37,271
  Education, Arts, Sciences and Tourism Debt Service Fund      ________ 10,000__________ (171,600)
  Estimated Balance - June 30, 2004                                      $__66

  Please amend the Budget Bill submitted by me on January 8, 2003, for Fiscal Year 2004 to read as follows:
TITLE II--APPROPRIATIONS.

Sec. 4. Appropriations from lottery net profits.

Page 130

228--Bureau of Senior Services--

Lottery Senior Citizens Fund

(WV Code Chapter 29)

Fund 5405 FY 2004 Org 0508

1              Local Programs Service Delivery
2               Costs                                  200   $        2,475,250
3              In-Home Services for Senior
4               Citizens                               224           700,000
5              Nutrition Services for the Elderly      337           700,000
6              Senior Citizens Centers and
7               Programs (R)                           462           4,500,000
8              Direct Services                         481           2,800,000
9              Transfer to Division of Human
10              Services for Health Care and Title
11              XIX Waiver for Senior Citizens         539           13,000,000
12             Senior Services Medicaid Transfer       871           10,300,000
13             Legislative Initiatives for the
14              Elderly                                904           2,700,000
15             Long-Term Care Ombudsman                905   ________ 96,000
16              Total                                        $        37,271,250
     The purpose of this Executive Message is to adjust the recommendation for the Bureau of Senior Services--Lottery Senior Citizens Fund--Senior Citizens Centers and Programs by increasing the recommended appropriation by $1,500,000.
     Thank you for your cooperation in this matter.
                              Sincerely,
                               Bob Wise,
                               Governor.
     In compliance with Article VI, Section 51 of the Constitution, the Senate consented to receive the foregoing amendments to the Budget Bill, which were referred to the Committee on Finance.

     The Senate proceeded to the fourth order of business.
     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. 56, Prohibiting certain insurers to require persons under contract to use mail-order pharmacy.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 56 (originating in the Committee on Banking and Insurance)--A Bill to amend article sixteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-q; to amend article twenty-four of said chapter by adding thereto a new section, designated section seven- h; to amend article twenty-five of said chapter by adding thereto a new section, designated section eight-f; and to amend article twenty-five-a of said chapter by adding thereto a new section, designated section eight-g, all relating generally to group accident and sickness insurance, hospital service corporations, medical service corporations, dental service corporations, health service corporations, health care corporations and health maintenance organizations; and prohibiting certain contracts of insurance from requiring subscribers to obtain prescription drugs from a mail-order pharmacy in order to obtain benefits for drugs.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Joseph M. Minard,
                               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. 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.
     And,
     Senate Bill No. 230, Authorizing department of administration to promulgate legislative rule relating to parking.
     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 Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     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. 268, Authorizing board of funeral service examiners to promulgate legislative rule relating to crematory requirements.
     And,
     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 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 Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 317, Authorizing nursing home administrators licensing board to promulgate legislative rule relating to nursing home administrators.
     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 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. 338, Establishing medicaid buy-in program for certain individuals with disabilities.
     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,
                               Roman W. Prezioso, Jr.,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Health and Human Resources pending.
     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. 400, Allowing insurance commissioner to disclose confidential information in certain cases.
     Senate Bill No. 485, Authorizing insurance commissioner to enter into certain agreements and compromises.
     And,
     Senate Bill No. 488, Establishing minimum surplus for farmers' mutual fire insurance companies.
     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 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 references of the bills contained in the foregoing report from the Committee on Banking and Insurance.
     Senator Plymale, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration
     Senate Bill No. 425, Authorizing higher education policy commission participate in retirement and separation incentives.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 425 (originating in the Committee on Education)--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.
     With the recommendation that the committee substitute do pass; but under the original triple committee reference first be referred to the Committee on Pensions; and then to the Committee on Finance.
                              Respectfully submitted,
                               Robert H. Plymale,
                               Chair.
     The bill (Com. Sub. for S. B. No. 425), under the original triple committee reference, was referred to the Committee on Pensions; and then to the Committee on Finance.
     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. 484, Making title insurance subject to rate filings.
     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. 486, Requiring certified public accountant notify insurer's board or audit committee of adverse financial condition.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Joseph M. Minard,
                               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
     Eng. Com. Sub. for House Bill No. 2120, Relating to workers' compensation generally.
     And has amended same.
     And reports the same back without recommendation as to passage; 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 Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2120) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, 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 Senator Edgell:
     Senate Bill No. 493
--
A Bill to amend and reenact section four, article one, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to duties of the commissioner of agriculture; and eliminating administrative duties on state rural development council.
     Referred to the Committee on Agriculture; and then to the Committee on Government Organization.
     By Senators Hunter, Unger, Oliverio, Caldwell, Minard, Dempsey, Kessler, Weeks, Rowe, McCabe, Bowman, Prezioso, White, Love, Jenkins, Boley, Deem, Sharpe, Plymale, Helmick, Edgell, Chafin, Bailey, Fanning, Ross, Smith, Minear, Facemyer, Guills and Tomblin (Mr. President):
     Senate Bill No. 494
--
A Bill to amend the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new chapter, designated chapter twenty-four-f, relating to authorizing the public service commission to regulate transactions between cemeteries and veterans or their survivors concerning fees for setting United States department of veterans' affairs grave markers at the graves of deceased veterans; legislative findings; exemptions; enforcement of orders; judicial review; and designation of the affected cemeteries as outside the purview of utility regulation.
     Referred to the Committee on Military; and then to the Committee on the Judiciary.
     By Senator Hunter:
     Senate Bill No. 495
--
A Bill to amend and reenact section eight, article one, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to elections and nominating procedures.
     Referred to the Committee on the Judiciary.
     By Senator Tomblin (Mr. President) and Sprouse (By Request of the Executive):
     Senate Bill No. 496
--
A Bill to amend and reenact section two, article nine, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections three and fourteen, article ten of said chapter; to amend article fourteen of said chapter by adding thereto a new section, designated section thirty-one; to amend and reenact sections two, three, five, nine and eleven, article fourteen-a of said chapter; to amend and reenact section two, article fourteen-b of said chapter; to further amend said chapter by adding thereto a new article, designated article fourteen-c; to amend and reenact section eighteen, article fifteen of said chapter; to further amend said article by adding thereto a new section, designated section eighteen-b; to amend and reenact section thirteen, article fifteen- a of said chapter; and to further amend said article by adding thereto a new section, designated section thirteen-a, all relating generally to the levy, collection and administration of West Virginia motor fuels excise tax; making tax crimes and penalties act applicable to West Virginia motor fuels excise tax as of specified date; making West Virginia tax procedure and administration act applicable to West Virginia motor fuels excise tax effective as of specified date; applying overpayments, credits and refunds to West Virginia motor fuels excise tax effective as of effective date; replacing gasoline and special fuel excise tax with motor fuels excise tax as of specified date, after which gasoline and special fuel excise tax is repealed; defining certain motor carrier road tax terms; requiring motor carrier road tax to be equal to the motor fuels excise tax; changing frequency for filing motor carrier road tax reports; providing credit against motor carrier road tax for payment of motor fuels excise tax; authorizing refunds of the motor fuels excise tax; defining certain terms in interstate fuel tax agreement; enacting motor fuels excise tax; defining terms; authorizing promulgation of rules and forms; authorizing exchange of information; levying motor fuels excise tax; establishing rate of motor fuels excise tax; establishing points at which the tax is imposed; imposing tax on unaccounted-for motor fuel losses; imposing back-up tax on taxable use of untaxed fuel; establishing exemptions from tax; designating persons to be licensed; establishing license application procedure; authorizing permissive supplier to collect tax; establishing bond requirements; grounds for issuance and for denial of license; requiring notice of discontinuance of business; permitting license cancellation under certain circumstances; records of license applicants and licensees; specifying when tax returns and tax payments are due; requiring remittance of tax by suppliers and permissive suppliers; notice of cancellation and reissuance of license; information required on tax return; specifying deductions and discounts allowed to suppliers and permissive suppliers; specifying duties of suppliers and permissive suppliers as trustee; requiring returns and allowing discounts to importers; requiring information returns by terminal operators; requiring information returns by motor fuel transporters; requiring return by exporters; identifying information required on returns; authorizing refund of taxes erroneously collected or for gallonage exported or lost through casualty or evaporation; providing method for claiming and paying refunds; incorporating provisions of tax crimes and penalties act and West Virginia tax procedure and administration act into motor fuels excise tax; specifying information required on shipping documents; requiring import confirmation number; prohibiting improper sale or use of untaxed motor fuels; providing remedy for refusal to allow inspection or taking of fuel sample; prohibiting engaging in business without a license; prohibiting certain persons from obtaining license; providing civil remedy for filing false returns and for failure to file returns; providing criminal penalties for willful commission of prohibited acts; imposing penalties for unlawful importing, transportation, delivery, storage or sale of motor fuel; providing for enforcement of assessment; imposing record-keeping requirements; providing for inspection of records; providing for authority to inspect; specifying marking requirements for dyed diesel fuel storage facilities; providing for disposition of tax collected; specifying that sections pertaining to sales and use taxes on gasoline and special fuel are, after a specified date, repealed and replaced by new sections continuing sales and use taxes on motor fuel and harmonizing these taxes with new motor fuels excise tax; and directing House clerk to remove repealed code sections from his or her books after a specified date.
     Referred to the Committee on Finance.
     By Senators White and Hunter:
     Senate Bill No. 497
--
A Bill to amend and reenact sections one, two, four, five, eight, eleven, twelve, fifteen, nineteen and twenty, article five, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to commercial prisons; setting forth legislative findings; requiring commissioner of corrections to develop certain plans; requiring the commissioner to annually make recommendations whether to continue prison vendors' contracts; providing that the secretary of the department of military affairs and public safety may renew prison vendor contracts annually; providing for certain restrictions concerning offender characteristics relative to the kinds of offenders that may be incarcerated in commercial facilities; reducing the amount of time that a contractor has to abate a violation; prescribing the number of commissioner's representatives that may be employed at each commercial facility for monitoring purposes; increasing bonding requirements for contractors; requiring background checks for employees at commercial facilities; and requiring contractors to be responsible for certain costs.
     Referred to the Committee on Government Organization; and then to the committee on the Judiciary.
     By Senators Edgell, Kessler, Prezioso, Rowe, Caldwell and Bowman:
     Senate Bill No. 498
--
A Bill to amend article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section two-b, relating to creating the equitable compensation act; and establishing a state minimum salary supplement for professional personnel holding a nationally recognized professional certification.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Smith and Weeks:
     Senate Bill No. 499
--
A Bill to amend article forty-two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine, relating to prohibiting the performance of any abortion when the woman seeking it is doing so solely on account of the gender of the fetus; and prescribing a criminal penalty for violations of the section.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Smith and Weeks:
     Senate Bill No. 500
--
A Bill to amend article forty-two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine, relating to requiring all abortions performed during the second or third trimester be performed in a hospital; and providing criminal penalties for violations.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Snyder, Jenkins, Ross, Deem, Minard, Boley, Guills, Bailey, Edgell, Unger, Sharpe, Facemyer, Sprouse, Dempsey, Fanning, Love, Prezioso, Minear, Helmick, Smith, Weeks, McKenzie and Plymale:
     Senate Bill No. 501
--
A Bill to amend and reenact section three, article eleven, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to exempting insurers, their agents and employees, in the absence of contract, from this section.
     Referred to the Committee on Banking and Insurance; and then to the Judiciary.
     By Senators Rowe, Hunter, White and Fanning:
     Senate Bill No. 502
--
A Bill to amend article twenty-b, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eight-a, relating to establishing the medical malpractice insurance excess premium rebate act of two thousand three.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Rowe, Unger, Caldwell and Jenkins:
     Senate Bill No. 503
--
A Bill to amend article three-c, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four-a; and to amend and reenact sections seven, fourteen-a and sixteen of said article, all relating to computer crime and abuse; providing penalty for unauthorized access to certain government computers or computer networks; specifying amount of monetary damage resulting from alteration, destruction, etc., that constitutes a felony; making technical corrections; clarifying elements for threatening to commit a crime; and removing element that injury must be to person or property in order to seek civil relief for violation of article.
     Referred to the Committee on the Judiciary.
     By Senators Minard, Rowe, Sharpe and Hunter:
     Senate Bill No. 504
--A Bill to amend and reenact section four, article ten, chapter thirty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to exemptions of property in bankruptcy proceedings.
     Referred to the Committee on the Judiciary.
     By Senators Bowman, Jenkins, Bailey and Plymale:
     Senate Bill No. 505
--A Bill to amend and reenact section eleven, article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that municipal fire chiefs retain their regular rank which they held at the time of appointment to fire chief or that they attained during their service as fire chief when they are removed as fire chief or their tenure as same ends.
     Referred to the Committee on Government Organization.
     By Senators Harrison, Sprouse, Rowe, McCabe, Weeks, Guills, Smith, Unger, Hunter, Minear, Ross, Sharpe, Minard, Fanning, White, Bowman, Chafin, Jenkins and Love:
     Senate Bill No. 506
--
A Bill to amend and reenact sections two, three, four, ten and twelve, article six-b, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to providing the homestead property tax exemption for all homeowners, regardless of age or disability; continuing criminal penalties; and providing an effective date.
     Referred to the Committee on Finance.
     By Senators Edgell and Helmick:
     Senate Bill No. 507
--
A Bill to amend and reenact sections two, three, five, five-a, six, six-a, six-b, six-c, seven, eight, eight- a and nine, article two-c, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto three new sections, designated sections five-b, six-d and nine-a, all relating to auctioneers; license requirements; fees and notice of change of address required; apprentice sponsorship requirements; reciprocity between states; continuing education requirements; penalties for violating statutory provisions; license revocation; and contract requirements.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Snyder:
     Senate Bill No. 508
--
A Bill to amend and reenact section one, article eleven, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting any doctor from performing a female sexual sterilization procedure during a live birth unless twenty-four hours have elapsed since the woman requested the procedure in writing.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     Senators Tomblin (Mr. President), Minear, Boley, Caldwell, Plymale, Kessler, White, Chafin, Fanning, Rowe, Snyder, Unger, Jenkins, Minard, Sharpe, Ross, Dempsey, Love, McKenzie, Oliverio, Helmick, Edgell, Bowman, Prezioso, McCabe, Hunter and Guills offered the following resolution:
     Senate Concurrent Resolution No. 25--Requesting the Joint Committee on Government and Finance study honoring and recognizing women in West Virginia by adding women to the state seal.
     Whereas,
This state has become great in part because of the hard work and sacrifices by women in West Virginia; and
     Whereas,
Whether as a doctor, lawyer, educator, judge or mother, a woman is always on the job and her work is never done ; and
     Whereas, Women have played a monumental role in the history of West Virginia, such as Mildred Mitchell-Bateman, the first African-American woman to head a state government agency; Anna Marie Jarvis, the founder of Mother's Day; Harriet B. Jones, the first woman in West Virginia to be licensed as a doctor and the first woman to be elected to Congress; and Lenna Lowe Yost, one of the leaders of West Virginia's suffrage movement. These women are just a small example of women in West Virginia who have contributed to this great state year after year; and
     Whereas, Women account for over half of West Virginia's population and recognition for their contributions and achievements is deserved; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Legislature hereby requests the Joint Committee on Government and Finance to study honoring and recognizing women in West Virginia by adding women to the state seal; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     Senators
Plymale, Edgell, Tomblin (Mr. President) Dempsey, Chafin, Fanning, Jenkins, Hunter, Minear, Boley, Deem, Snyder, Unger, Helmick, Ross, Sharpe, Minard , Prezioso, Caldwell, Rowe, Guills, Bailey, Kessler, Bowman, McKenzie, Sprouse, Oliverio, Love and Smith offered the following resolution:
     Senate Resolution No. 17--
Congratulating the winners of the Character Education Essay Contest for 2002-2003.
     Whereas, The Department of Education's Office of Student Services and Assessment designed the Character Education Essay Contest, which is an annual contest open to students in grades three through 12; and
     Whereas, Students are asked to write essays addressing a specific topic which is developed in alignment with the six character traits recognized by character education experts and representatives of diverse secular and religious youth-serving organizations; and
     Whereas, Students are given two weeks to address the topic and submit final drafts of their essays to their classroom teachers who then screen the essays and select three from each class to be sent to the Office of Student Services and Assessment where they are considered by teachers trained in holistic judging; and
     Whereas, A winner is determined for each grade level in each county. From the county winners, a state winner is selected for each grade; and
     Whereas, The 2002-2003 state winners are: 3rd grade, Kristin Hatmaker, Riverside Elementary School, Mingo County; 4th grade, Elizabeth Ferguson, Wayne Elementary School, Wayne County; 5th grade, Nikki Kinder, Hamlin Elementary School, Lincoln County; 6th grade, Jessica Hinkle, Petersburg Elementary School, Grant County; 7th grade, Michael Fairless, Musselman Middle School, Berkeley County; 8th grade, Andrew Adkins, Guyan Valley High School, Lincoln County; 9th grade, Jordan Beckett, Wirt County High School; 10th grade, Zephainie Custer, Hedgesville High School, Berkeley County; 11th grade, Nichol Rose, Pocahontas County High School; and 12th grade, Ashley Echard, Gilmer County High School; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby congratulates the winners of the Character Education Essay Contest for 2002-2003; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Superintendent of the Department of Education and to each Education Character Education Essay Contest winner for 2002-2003.

     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, at the request of Senator Edgell, unanimous consent being granted, returned to the second order of business and the introduction of guests.
     The Senate again proceeded to the fourth order of business.
     Senator Plymale, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration
     Senate Bill No. 509 (originating in the Committee on Education)--
A Bill to amend and reenact section one, article five, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section five, article nine, chapter eighteen-b of said code, all relating to classified employees; and removing the twenty-year cap for the annual experience increment.
     And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Robert H. Plymale,
                               Chair.
     On motion of Senator Plymale, the bill (S. B. No. 509) contained in the foregoing report from the Committee on Education was then referred to the Committee on Finance.
     The Senate proceeded to the eighth order of business.
     Eng. Com. Sub. for Senate Bill No. 206, Authorizing aides to supervise students in in-school suspensions; limitation.
     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, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Minear--1.
     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. 206) 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 twelfth order of business.
     Remarks were made by Senators Guills and Snyder.
     Thereafter, at the request of Senator Love, and by unanimous consent, the remarks by Senator Guills 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 tomorrow, Thursday, February 13, 2003, at 11 a.m.
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