WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

THIRTY-SEVENTH DAY

____________

Charleston, W. Va., Thursday, February 13, 2003

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

     Prayer was offered by Father Jack Neilson, Trinity Episcopal Church, Parkersburg, West Virginia.
     Pending the reading of the Journal of Wednesday, February 12, 2003,
     On motion of Senator Weeks, 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 Tomblin (Mr. President) presented a communication from the Court of Claims, submitting its Crime Victims Compensation Fund report, in accordance with chapter fourteen, article two-a, section twenty-one of the code of West Virginia.
     Which report was received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Supreme Court of Appeals, submitting its report on the legislative changes made to the mental hygiene judicial process as required by chapter twenty-seven, article five, section two of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Senate 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. 2190--A Bill to amend and reenact section two, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section four, article sixteen, chapter seventeen-c of said code, all relating to exceptions to motor vehicle registration; allowing certain farm use motor vehicles with valid inspection stickers limited use of highways between sunset and sunrise; and providing for the inspection of these farm use motor vehicles.
     Referred to the Committee on Agriculture; and then 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. Com. Sub. for House Bill No. 2239--A Bill to amend and reenact section one thousand five hundred one, article fifteen, chapter thirty-one-d of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section one thousand four hundred one, article fourteen, chapter thirty- one-e of said code; and to amend and reenact section two, article sixteen, chapter forty-seven of said code, all relating to the reporting procedures of collection agencies; providing that certain entities collecting debts originally owed them is not defined as a collection agency; and providing that a foreign corporation may not transact business in this state until it obtains a certificate of authority from the secretary of state if their business is defined as a collection agency.
     Referred to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2669--A Bill to amend and reenact section twenty-two, article eighteen, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to terminating the hazardous waste management annual certification fee and the hazardous waste management fee fund.
     Referred to the Committee on Natural Resources; 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. 2916--A Bill to amend and reenact section ten, article two, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the state geological and economic survey.
     Referred to the Committee on Government Organization.
     A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 33--Expressing the ideal of the addition of a woman to the State Seal of West Virginia in recognition of the achievements and endeavors of West Virginia's women.
     Whereas, Since the creation of the State Seal by Joseph Dis Debar in 1863, West Virginia has become prominent largely due to the hard work and sacrifice of both the men and women of West Virginia; and
     Whereas, During the settlement of West Virginia, women played an essential role often laboring together with men in the wilderness, preparing and cultivating farms and protecting their homestead from danger; and
     Whereas, In tribute to the extraordinary performance of women such as Mary Ingles (one of the first pioneers known to enter West Virginia), Lenna Lowe Yost (one of the leaders of West Virginia's suffrage movement and the first woman to chair a major political party national convention), Elizabeth Kee (the first woman from West Virginia to be elected to the U. S. Congress) and many others whose gifts to West Virginia helped build a legacy; and
     Whereas, These many achievements of West Virginia women should be honored and remembered in tribute to the hard work and dedication that these women have endured since the inception of this state; and
     Whereas, In pride and accomplishment, with each steady tread, the women of West Virginia continue to sow and reap in areas such as government, medicine and public service; and
     Whereas, There is no better way to honor and remember the hard work, accomplishments and sacrifice of West Virginia women than by revising the state seal to include women; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the House of Delegates hereby expresses the ideal that an addition of a woman should be incorporated onto the State Seal of West Virginia; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Governor, the Senate President, the Secretary of State and the West Virginia Women's Commission.
     Referred to the Committee on Rules.
     The Senate proceeded to the fourth order of business.
     Senator Snyder, from the Committee on Labor, submitted the following report, which was received:
     Your Committee on Labor has had under consideration
     Senate Bill No. 78, Restricting mandatory overtime in certain health care facilities.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 78 (originating in the Committee on Labor)--A Bill to amend chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article five-f, relating to providing quality health care in hospitals; providing for certain requirements for hospital overtime policies; limiting number of hours worked in a day; providing exceptions for unforseen emergent circumstances; providing for reasonable efforts to be made to prevent mandatory overtime; protecting workers from discrimination for refusing mandatory overtime; providing division of labor enforce article; providing administrative procedures by rule; and creating civil penalties.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Herb Snyder,
                               Chair.
     The bill (Com. Sub. for S. B. No. 78), under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 213, Restricting actions brought by nonresidents in state courts.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 213 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section one, article one, chapter fifty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to venue and state courts.
     Senate Bill No. 395, Granting temporary grandparent visitation during divorce action.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 395 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section five hundred one, article five, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections three hundred one, four hundred one, four hundred two, five hundred one, five hundred two, six hundred one, eight hundred one, eight hundred two, nine hundred one, one thousand one, one thousand two and one thousand one hundred one, article ten of said chapter, all relating to granting of temporary grandparent visitation; and making technical corrections.
     And,
     Senate Bill No. 399, Providing for criminal history checks for certain people working with children on school property.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 399 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section ten, article three, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to criminal history checks of applicants for licensure by the state department of education; and providing for criminal history checks for people who are not employed by county boards of education but who work directly with children in grades kindergarten through twelve on school property.
     With the recommendation that the three committee substitutes 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
     Senate Bill No. 249, Authorizing department of environmental protection to promulgate legislative rule relating to oil and gas conservation commission.
     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.
     And,
     Senate Bill No. 329, Authorizing secretary of state to promulgate legislative rule relating to registry for notification of state of emergency.
     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. 340, Relating to county commissioners' authority to restrict building in certain floodplain or mudslide areas.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 340 (originating in the Committee on Government Organization)--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 permitting county commissions to establish different building requirements in a floodplain so property owners can receive lower rates for federal flood insurance.
     And,
     Senate Bill No. 383, Relating to powers of alcohol beverage control commissioner generally.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 383 (originating in the Committee on Government Organization)--A Bill to amend and reenact section eleven, article two, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to the powers and duties of the alcohol beverage control commissioner; and allowing the commissioner, upon approval of the governor and the board of public works, to sell a warehouse located in Nitro, Putnam County, and purchase a replacement warehouse.
     With the recommendation that the two committee substitutes do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     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. 384, Relating to location of alcohol beverage control administration.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     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. 389, Authorizing division of motor vehicles reimburse certain advisory boards for expenses.
     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,
                               Edwin J. Bowman,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Government Organization pending.
     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. 461, Updating section of corporation net income tax act.
     And,
     Senate Bill No. 462, Updating certain terms in personal income tax act.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. Com. Sub. for House Bill No. 2077, Removing the requirement that the Joint Committee on Government and Finance be given reports on the Colin Anderson closure and relocation of patients.
     Eng. House Bill No. 2778, Continuing the West Virginia state police.
     And,
     Eng. House Bill No. 2803, Continuing the board of barbers and cosmetologists.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Edgell, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration
     Eng. Com. Sub. for House Bill No. 2694, Protecting the beekeeping industry.
     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 the Judiciary.
                              Respectfully submitted,
                               Larry J. Edgell,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
     By Senators Hunter, Oliverio, Prezioso, McCabe, Rowe, Caldwell, Unger and Ross:
     Senate Bill No. 510--A Bill to amend and reenact sections three and four, article twenty-eight, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to continuing the West Virginia commission on holocaust education; providing for reimbursement of reasonable expenses by members; and authorizing the commission to accept state funds as appropriated by the Legislature.
     Referred to the Committee on Government Organization.
     By Senators Rowe and Hunter:
     Senate Bill No. 511--A Bill to amend and reenact section one, article one, chapter forty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to estates generally; and eliminating the requirement that a representative appear in person before the clerk of the county commission in order to be named administrator.
     Referred to the Committee on the Judiciary.
     By Senators Rowe and Hunter:
     Senate Bill No. 512--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 authority of county commissions to create a floodplain enforcement agency.
     Referred to the Committee on Government Organization.
     By Senators Weeks, Love, Smith, Sprouse, Dempsey, Minear, Boley and Guills:
     Senate Bill No. 513--A Bill to amend and reenact section three, article two-f, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring a physician to receive written consent from at least one parent or legal guardian before an abortion is performed on an unemancipated minor.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators McKenzie, Weeks, Smith and Sprouse:
     Senate Bill No. 514--A Bill to amend article ten, 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 thirty-two, relating to crimes against public policy generally; prohibiting human and embryonic cloning; and prescribing criminal penalties for violations of the section.
     Referred to the Committee on the Judiciary.
     By Senators Harrison, Sprouse, Rowe, McCabe, Guills, Hunter, Unger, Smith and Facemyer:
     Senate Bill No. 515--A Bill to amend chapter four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article thirteen, relating to the state payment for state mandates act; legislative findings; definitions; requiring for funding of state mandates; requiring mandate review requiring; notification of local impact statement; and requiring appropriations.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Harrison, Sprouse, Rowe, Guills, Hunter, Unger, McCabe, Oliverio, Smith, Weeks, Facemyer, Minard, Jenkins, Caldwell, Fanning, White, Sharpe, Ross, Dempsey, Love, Minear, Boley, Edgell and Bowman:
     Senate Bill No. 516--A Bill to amend and reenact section ten, article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to personal income tax; and increasing the low-income exclusion.
     Referred to the Committee on Finance.
     By Senators Harrison, Guills, Hunter, Rowe, Unger, Smith, Facemyer, Caldwell, Jenkins, Minard, Ross and Minear:
     Senate Bill No. 517--A Bill to amend article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-one-a, relating to the personal income tax; and providing a fifty-dollar tax credit for each dependent child of the taxpayer.
     Referred to the Committee on Finance.
     By Senators Weeks, Smith, Minear, Prezioso and Deem:
     Senate Bill No. 518--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 physicians who perform abortions to provide information to the pregnant woman twenty-four hours before the abortion is performed detailing the fetal development, risks and alternatives; and providing for a penalty.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Dempsey, Weeks, Smith, Prezioso and Sprouse:
     Senate Bill No. 519--A Bill to amend article two-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 five, relating to prohibiting any person who is not a physician licensed to practice in this state from performing an abortion; and providing penalty for same.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Sprouse, Weeks, Prezioso, Harrison and Smith:
     Senate Bill No. 520--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 ensuring that medical workers have the right to refuse to participate in any abortion- related activity without fear of disciplinary action or dismissal; and prescribing criminal penalties for violations of the section.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Weeks, Smith, Minear, Prezioso, Harrison and Boley:
     Senate Bill No. 521--A Bill to amend article five, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-a, relating to requiring the collection of statistics relative to abortions performed in the state.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senators Oliverio, Prezioso, Plymale, Edgell, Hunter, Guills, Bowman, Rowe and Love:
     Senate Bill No. 522--A Bill to amend and reenact section seven, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing a county board of education to lease school property that is no longer needed.
     Referred to the Committee on Education.
     By Senators McKenzie, Weeks and Smith:
     Senate Bill No. 523--A Bill to amend article sixteen-b, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section ten, relating to providing that unborn children are eligible for the children's health insurance program.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Love, Weeks and Smith:
     Senate Bill No. 524--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 providing that when during the course of an abortion procedure a fetus is aborted alive, all available medical means be utilized to preserve its life; and prescribing criminal penalties for violations of the section.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Weeks and Smith:
     Senate Bill No. 525--A Bill to amend article nineteen, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-a, relating to prohibiting the use of the body of an unborn baby for any medical experimentation or scientific investigation except as necessary to diagnose a disease or condition suspected to exist in the mother's or fetus's body; and prescribing criminal penalties for violation of the section.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Love, Dempsey, Weeks, Smith and Guills:
     Senate Bill No. 526--A Bill to amend article two, 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 eight-a, relating to making it illegal to transport a minor across state lines to obtain an abortion without written consent from both parents; and providing for a penalty.
     Referred to the Committee on the Judiciary.
     By Senators Edgell, Helmick, Kessler, Ross, Deem, Boley, Minard, Jenkins, Unger, Sharpe, Oliverio, Bowman, White, Plymale, Hunter, Fanning, Prezioso and Love:
     Senate Bill No. 527--A Bill to amend and reenact section seven, article twenty-four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing a limitation of liability for remediation costs for certain owners of real property where waste tires existed when the owners were not responsible for the accumulation of the waste tires on the property.
     Referred to the Committee on the Judiciary.
     By Senators Love and Ross:
     Senate Bill No. 528--A Bill to amend and reenact sections four and five, article fourteen, chapter thirty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the self-service storage lien act; providing for an increase in late fees; shortening the time to be considered in default; adding sale by private auction as well as public auction; and shortening the time that personal property may be sold at a public or private auction.
     Referred to the Committee on the Judiciary.
     By Senators Bowman and Rowe:
     Senate Joint Resolution No. 10--Proposing an amendment to the Constitution of the State of West Virginia, amending section seven, article X thereof, relating to eliminating the requirement for a three-fifths majority vote in order for a local levying body to impose an excess levy; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
     Referred to the Committee on Finance.
     Senators Snyder, Prezioso, Unger, Minard, Caldwell, Plymale, Edgell, Bailey, Bowman, Rowe, Jenkins, Helmick, McCabe, White, Fanning, Sharpe, Ross, Dempsey, Love, Deem, Facemyer, Hunter, Oliverio, McKenzie, Smith, Harrison, Weeks, Boley, Guills, Minear, Sprouse and Tomblin (Mr. President) offered the following resolution:
     Senate Resolution No. 18--Designating February 13, 2003, as "Nurses' Day".
     Whereas, Nurses play a vital role in health care in West Virginia by being at the forefront of our medical needs and working hand in hand with physicians to provide medical care prescribed for the betterment of patients; and
     Whereas, As citizens we are trusting of our nurses, whose knowledge and expertise in medicine, along with their care and compassion for the patients they serve, help us to feel at ease with the medical treatments we may be receiving; and
     Whereas, Without the cautious assessments and accurate documentation of nurses, physicians would be unable to adequately perform their duties; and
     Whereas, Nurses are loyal to the Nightingale Pledge, which states in part, "With loyalty will I endeavor to aid the physician in his work, and devote myself to the welfare of those committed to my care"; therefore, be it
     Resolved by the Senate:
     That the Senate hereby designates February 13, 2003, as "Nurses' Day" in recognition of the valuable service they perform as health care professionals to the citizens of West Virginia; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the nursing profession.
     At the request of Senator Snyder, 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.
     At the request of Senator Facemyer, unanimous consent being granted, Senators Facemyer and Smith offered the following resolution from the floor:
     Senate Concurrent Resolution No. 26--Requesting the Division of Highways name the new bridge from Pomeroy, Ohio, to Mason, West Virginia, the "Bridge of Honor" in memory of General James V. Hartinger and Staff Sergeant Jimmy G. Stewart and requesting the Division of Highways also name the road leading to the bridge in West Virginia in memory of Staff Sergeant Jimmy G. Stewart.
     Whereas, General James V. Hartinger was born in Middleport, Ohio, in 1925. He graduated from high school in Middleport in 1943 and was drafted into the U. S. Army in July, 1943. He attained the rank of Sergeant while serving in the infantry. After World War II, he entered the U. S. Military Academy, West Point, New York, and was commissioned a Second Lieutenant in the U. S. Air Force. He was assigned to the 36th Fighter-bomber Wing as a jet fighter pilot at Furenfeldbruck Air Force Base, Germany. Subsequently, he transferred to the 474th Fighter-bomber Wing at Kunsan Air Base, South Korea, where he flew his first combat missions in F-84 Thunderjets. From December, 1966, to December, 1967, he was assigned to Headquarters 7th Air Force at Tan Son Nhut Air Base, Republic of Vietnam, during which he completed more than 100 aerial combat missions. He was named Commander-in-Chief of the North American Aerospace Defense Command (NORAD) in 1979 and promoted to four-star General. He is known as the "Founding Father" of the Air Force Space Command. The headquarters building at NORAD is named the James Hartinger Building and the Hartinger Medal is awarded annually for extraordinary achievement in space; and
     Whereas, General Hartinger was a command pilot with more than five thousand flying hours and was the first recipient of the Master Space Badge. His military decorations and awards include: The Defense Distinguished Service Medal, Distinguished Service Medal (Air Force) with oak leaf cluster, Legion of Merit with oak leaf cluster, Distinguished Flying Cross, Air Medal with eight oak leaf clusters, Air Force Commendation Medal, Combat Readiness Medal and the Republic of Korea Order of National Security Merit Tung II; and
     Whereas, General James V. Hartinger retired July 31, 1984, after a distinguished military career that spanned five decades. He continued to be active as an advisor and speaker on Air Force and space matters until his death October 9, 2000; and
     Whereas, Jimmy G. Stewart was born on December 25, 1942, in West Columbia, Mason County; and
     Whereas, Jimmy G. Stewart was killed May 8, 1966, in action in Vietnam. A surprise early morning attack wounded five members of a six-man squad in Company B of the 2/12 Cavalry Regiment which left Staff Sergeant Jimmy G. Stewart alone against a Vietnamese platoon. He emptied magazine after magazine of ammunition at the enemy force; and when grenades were thrown at Company B's position, he retrieved the grenades and threw them back at the attacking forces. Staff Sergeant Jimmy G. Stewart held his position through three assaults over four hours until reinforcements arrived. Troops found the body of Staff Sergeant Jimmy G. Stewart in an enemy foxhole where he had advanced to add fire in support of the incoming reinforcements. The wounded members of his squad were recovered and evacuated; and
     Whereas, Jimmy G. Stewart, with conspicuous gallantry and bravery, unselfishly gave his life to protect and save his wounded squad members and comrades in arms; and
     Whereas, Jimmy G. Stewart received, posthumously, this nation's highest military award, the Congressional Medal of Honor, "For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty"; and  
     Whereas, The lives, accomplishments and sacrifices of General James V. Hartinger and Staff Sergeant Jimmy G. Stewart should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways name the new bridge from Pomeroy, Ohio, to Mason, West Virginia, the "Bridge of Honor" in memory of General James V. Hartinger and Staff Sergeant Jimmy G. Stewart and also hereby requests the Division of Highways name the road leading to the bridge in West Virginia in memory of Staff Sergeant Jimmy G. Stewart; and, be it
     Further Resolved, That the Division of Highways provide and erect a sign at either end of the bridge displaying the name "Bridge of Honor", together with a sign naming the road leading to the bridge in West Virginia displaying the name of Staff Sergeant Jimmy G. Stewart; 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 and to the surviving families of General James V. Hartinger and Staff Sergeant Jimmy G. Stewart.
     Which, under the rules, lies over one day.
Petitions

     Senators Sprouse, Harrison, McCabe and Rowe presented a petition from Connie Winter and seventeen Kanawha County teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Ross presented a petition from Aaron S. Heishman and numerous West Virginia residents, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Edgell presented a petition from Philip J. Mathias and numerous West Virginia residents, supporting completion of I-68 from Morgantown to Moundsville.
     Referred to the Committee on Transportation.
     Senator Prezioso presented a petition from Sabrina L. Adkins and eighteen Ritchie County residents, supporting Committee Substitute for Senate Bill No. 56 (Prohibiting certain insurers to require persons under contract to use mail-order pharmacy) and House Bill No. 2142 (Prohibiting insurers from requiring persons covered under a contract to obtain prescription drugs from a mail-order pharmacy under certain circumstances).
     Referred to the Committee on Health and Human Resources.
     Senator Sharpe presented a petition from Charles E. Jeffries and twenty-five Lewis County teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Minard presented a petition from Valerie Caruso and twenty-four Adamston Elementary School teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Minard presented a petition from Lora Chapman and thirteen Troy Elementary School teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Minard presented a petition from JoAnne Brown and twenty-three Harrison County teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Minard presented a petition from Carol Rush and thirteen Normantown Elementary School teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Minard presented a petition from Dottie M. Underwood and numerous Harrison County residents, requesting assistance in the reopening of the Clark Street Bridge in Clarksburg.
     Referred to the Committee on Transportation.
     Senator Bailey presented a petition from Robin Shrewsbury and numerous 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 Hunter presented a petition from Lisa Stanton and fifteen Maysville Elementary School teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Hunter presented a petition from Rebecca A. Rogers and thirty Petersburg Elementary School teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Hunter presented a petition from Nancy Weaver and eleven Tunnelton Denver Elementary School teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Hunter presented a petition from Lisa Chandler and thirty-one Terra Alta Elementary School teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Hunter presented a petition from Beverly A. Altobello and seventeen Fountain Primary School 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, unanimous consent being granted, the Senate returned to the fourth order of business.
     Senator Snyder, from the Committee on Labor, submitted the following report, which was received:
     Your Committee on Labor has had under consideration
     Senate Bill No. 529 (originating in the Committee on Labor)-- A Bill to amend article eleven, 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 seven, relating to the establishment of the West Virginia center for nursing; establishing a board of directors; establishing center activities to retain and recruit nurses; assessing fee to fund center and provide scholarships; and assuming the duties of the nursing shortage study commission.
     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 Government Organization.
                              Respectfully submitted,
                               Herb Snyder,
                               Chair.
     On motion of Senator Snyder, the bill (S. B. No. 529) contained in the foregoing report from the Committee on Labor was then referred to the Committee on Government Organization.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 25, Requesting Joint Committee on Government and Finance study adding women to state seal.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     The Senate then proceeded to the tenth order of business.
     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Com. Sub. for Senate Bill No. 56, Prohibiting certain insurers to require persons under contract to use mail-order pharmacy.
     Senate Bill No. 400, Allowing insurance commissioner to disclose confidential information in certain cases.
     Senate Bill No. 484, Making title insurance subject to rate filings.
     Senate Bill No. 485, Authorizing insurance commissioner to enter into certain agreements and compromises.
     Senate Bill No. 486, Requiring certified public accountant notify insurer's board or audit committee of adverse financial condition.
     And,
     Senate Bill No. 488, Establishing minimum surplus for farmers' mutual fire insurance companies.
     The Senate proceeded to the eleventh order of business and the introduction of guests.
     The Senate then proceeded to the twelfth order of business.
     Remarks were made by Senator Rowe.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, February 14, 2003, at 11 a.m.
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