WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

FORTY-FIRST DAY

____________

Charleston, W. Va., Monday, February 17, 2003

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

     Prayer was offered by The HonorableLarry L. Rowe, a senator from the seventeenth district.
     Pending the reading of the Journal of Friday, February 14, 2003,
     On motion of Senator Sharpe, 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 passage, to take effect from passage, of
     Eng. Senate Bill No. 215, Making supplementary appropriation to department of health and human resources, health care authority.
     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. 2794--A Bill to amend and reenact section thirty-nine-e, article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to worthless checks; and increasing the allowable service charge for a dishonored check.
     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. 2840--A Bill to amend and reenact sections two, three, four and six-a, acts of the Legislature, regular session, one thousand nine hundred twenty-five (municipal charters), as last amended by chapter one hundred ninety-four, acts of the Legislature, regular session, one thousand nine hundred eighty-three, all relating to the Greater Huntington Park and Recreation District; and increasing the number of members on the board.
     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. Com. Sub. for House Bill No. 2843--A Bill to repeal section twenty, article two, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections twenty and forty-one, article one of said chapter; to further amend said article by adding thereto three new sections, designated sections forty-eight, forty-nine and fifty; to amend and reenact sections three, five, ten and nineteen, article two of said chapter; and to further amend said article by adding thereto a new section, designated section four-a, all relating to federal election procedures; providing for procedures when voting a provisional ballot; establishing a state election fund; setting new standards for voting systems; providing for state-based administrative complaint procedures; authorizing the secretary of state to establish and maintain a statewide voter registration list; and providing for stricter identification procedures for voter registration.
     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. 2915--A Bill to authorize continued payment of Class VI rate of compensation to the prosecuting attorney of Wetzel County; and to provide that the prosecuting attorney shall remain in part-time status.
     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. 2933--A Bill to amend and reenact section three, article one, chapter forty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to qualification, duties and obligations of executors or administrators; relating to the manner and form of the oath to be submitted by an executor or administrator before he or she is made executor; and providing that the executor or administrator submits personally to the jurisdiction of the court in any proceeding relating to the estate.
     Referred to the Committee on the Judiciary.
     The Senate proceeded to the fourth order of business.
     Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
     Your Committee on Economic Development has had under consideration
     Senate Bill No. 352, Reenacting jobs 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,
                               Brooks F. McCabe, Jr.,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Economic Development pending.
     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. 422, Allowing public service commission change certain rates for municipalities or cooperative utilities.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 422 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section four-b, article two, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to broadening the power of the public service commission to allow an emergency rate for a municipality or a utility cooperative.
     And,
     Senate Bill No. 432, Deleting provision magistrates set payment plans in certain cases.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 432 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section two-a, article three, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to payment plans when collecting a portion of a magistrate court fine; and permitting an obligor to accelerate payment of a fine.
     With the recommendation that the two committee substitutes do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills and joint resolutions were introduced, read by their titles, and referred to the appropriate committees:
     By Senator Boley:
     Senate Bill No. 550-- A Bill to amend and reenact section eleven-a, article one-c, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to limiting the amount of acreage of timberland a person may own to qualify for identification as managed timberland for property tax purposes.
      Referred to the Committee on Finance.
     By Senator Unger:
     Senate Bill No. 551-- A Bill to amend and reenact section seven, article fourteen-d, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to employers' contributions to the deputy sheriff retirement fund; and increasing the contribution from nine and one- half to ten and one-half percent.
      Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senators McCabe, Unger and Hunter:
     Senate Bill No. 552-- A Bill to amend chapter twenty 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 establishing the "container recycling and litter control act".
      Referred to the Committee on Natural Resources; and then to the Committee on Finance.
     By Senators White, Bailey, Rowe and Hunter:
     Senate Bill No. 553-- A Bill to amend and reenact section twenty-two-a, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting shooting at or killing a bear weighing less than one hundred pounds or shooting at or killing any bear accompanying a bear weighing less than one hundred pounds.
      Referred to the Committee on Natural Resources.
     By Senators White, Bailey, Bowman and Love:
     Senate Bill No. 554-- A Bill to amend and reenact section forty-four-b, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the cost of a bear damage stamp from four to ten dollars; expanding the purposes for which the proceeds from a bear damage stamp may be used; and requiring that a bear damage stamp be purchased prior to bear hunting season.
      Referred to the Committee on Natural Resources; and then to the Committee on Finance.
     By Senators Love, Dempsey, Caldwell, Ross and Guills:
     Senate Bill No. 555-- A Bill to amend and reenact section seven, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that persons may not be guilty of trespassing or hunting without permission merely because the person's dog pursues an animal or wild bird onto another person's private or leased land; and providing that prior to pursuing a straying dog the person make reasonable efforts to notify the owner of the property of that person's intention to pursue the dog.
      Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senator Bailey:
     Senate Bill No. 556-- A Bill to amend chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article four-d, relating to exempting certain physicians from obtaining preauthorization before dispensing psychotrophic medications to mentally ill medicaid recipient patients in order to avoid catastrophic results from inadequate and untimely treatment; and providing findings by the Legislature.
      Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senator Boley:
     Senate Bill No. 557-- 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 thirteen-t, relating to taxation; and providing a small business tax abatement for real and personal property for a period of five years on new construction on improvements of one hundred fifty thousand dollars or less.
      Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
     Senate Bill No. 558-- A Bill to repeal article thirteen-b, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend chapter seven of said code by adding thereto a new article, designated article twenty-two; to amend and reenact section eleven-a, article ten, chapter eleven of said code; and to amend and reenact section nine-f, article fifteen of said chapter, all relating to sales tax increment financing.
      Referred to the Committee on Economic Development.
     By Senators Oliverio and Hunter:
     Senate Bill No. 559--A Bill to amend and reenact section seven, article twelve, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to school buses generally; and limiting idling of school buses in excess of five minutes except for certain purposes.
     Referred to the Committee on Education.
     By Senator Oliverio:
     Senate Bill No. 560-- A Bill to amend and reenact section thirty-one, article six, chapter fifty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that prejudgment and post-judgment interest be based on the prime interest rate plus two percent.
      Referred to the Committee on the Judiciary.
     By Senators Hunter, Deem, Ross, Oliverio, Caldwell, Weeks and Minard:
     Senate Bill No. 561-- 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; setting forth legislative findings; providing for exemptions; authorizing the public service commission to enforce orders; providing for judicial review; and providing that the designation of affected cemeteries is outside the purview of utility regulation.
      Referred to the Committee on Military; and then to the Committee on the Judiciary.
     By Senators Harrison, Minard, Unger, Love and Facemyer:
     Senate Bill No. 562-- A Bill to amend and reenact section one, article three-b, chapter sixty-one 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 six, all relating to providing that the term "posted land" for purposes of defining "trespass" includes postings accomplished with certain colors of paint; and providing a penalty for persons who post other persons' or entities' lands.
      Referred to the Committee on the Judiciary.
     By Senators Harrison, Minard, Unger, Ross and Facemyer:
     Senate Bill No. 563-- A Bill to amend and reenact sections two and three, article three-b, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to increasing the fines for trespass to structures and conveyances and to all other tangible properties.
      Referred to the Committee on the Judiciary.
     By Senators Kessler, McKenzie, Bowman and Edgell:
     Senate Bill No. 564-- A Bill to amend and reenact section nine, article twenty-two, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section ten of said article, all relating to allowing the use of player-operated on-line ticket dispensing devices to play travel and other on-line lottery games if the drawing of winning numbers for those games occurs no more frequently than five-minute intervals; and increasing the percentage licensed lottery sales agents receive from gross sales to twenty percent from seven percent.
      Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Kessler:
     Senate Bill No. 565-- A Bill to repeal sections thirteen and thirteen-a, article twenty-one, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections three, six, eight, nine, ten, eleven and twelve of said article, all relating to public defender services; creating the indigent defense commission; specifying members and their terms; transferring powers and duties of agency to the executive director; authorizing the executive director to reduce or reject vouchers; removing public defender corporation board members; activation of corporations; permitting the employment of both full-time and part-time attorneys; changing the manner of appointment of panel attorneys; removing the sections relating to public defender corporations' funding; requiring corporations to submit budget; amending funding contracts; payment of fees to panel attorneys; requiring services provided to public defender corporations; authorizing imposition of administrative service fee on vouchers by executive director; and creating a special revenue account for the fees.
      Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Chafin, Ross, Unger, Bailey and Helmick:
     Senate Bill No. 566-- A Bill to amend and reenact section ten- a, article one, chapter fifty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section thirteen, article two of said chapter, all relating to increasing the salaries of justices of the supreme court and judges of circuit courts.
     Referred to the Committee on the Judiciary ; and then to the Committee on Finance.
     By Senators Love, Ross, Rowe, Unger, Dempsey, Sprouse and White:
     Senate Bill No. 567-- A Bill to amend and reenact section eighteen, article sixteen-a, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing a reduced toll for motorcycles using the West Virginia turnpike.
     Referred to the Committee on Finance.
     By Senator Facemyer:
     Senate Bill No. 568-- A Bill to amend and reenact sections two, three, four, six, eight and nine, article ten, chapter forty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to modifying procedures allowing appointment of guardians for minor children; and transferring duty of appointment from county commissions to circuit courts except where parents agree to the appointment or where parent makes appointment by last will and testament.
     Referred to the Committee on the Judiciary.
     By Senators Prezioso, Weeks, Hunter, Bailey, Minard, Kessler, Ross, Sprouse, Edgell, Oliverio, Unger, McKenzie, Rowe, Sharpe, Helmick and Chafin:
     Senate Bill No. 569-- A Bill to amend and reenact section fourteen, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the issuance of a special motor vehicle license plate for Knights of Columbus members.
     Referred to the Committee on Transportation; and then to the Committee on Finance.
     By Senator Rowe, Bailey, Jenkins, White and Fanning:
     Senate Bill No. 570-- A Bill to amend chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-e; and to amend article fifteen, chapter eleven of said code by adding thereto a new section, designated section thirty-four, all relating to the West Virginia tourism destination economic development act; prescribing additional duties for the state development office; setting forth additional powers of the state development office; defining certain terms related to tourist destination development; setting forth legislative findings; providing for evaluation standards; providing for certain procedures in processing tourist destination development project applications; providing for consultation services related to project applications; providing the state development office with authority to approve tourist destination development projects; creating a tourist destination development advisory board; and providing for a tourist destination development project credit against the state sales tax.
      Referred to the Committee on Economic Development; and then to the Committee on Government Organization.
     By Senator Deem:
     Senate Bill No. 571--A Bill to amend and reenact section one, article ten, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to tuition and fees; and authorizing each higher education governing board to charge extra tuition to students attending more than full-time as the term is redefined.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators White, Harrison, Rowe, Snyder, Unger, Hunter and Jenkins:
     Senate Bill No. 572--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 seventeen-f, relating to racial profiling data collection; defining "minority group"; and requiring attorney general to conduct analysis of traffic stops and provide an annual report.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Rowe and Unger:
     Senate Bill No. 573-- A Bill to amend and reenact section six, article seventeen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the requirement that certain loads of motor vehicles be covered; and making the operator and the owner of the vehicle violating this section guilty of a misdemeanor.
      Referred to the Committee on Transportation; and then to the Committee on the Judiciary.
     By Senator Rowe:
     Senate Bill No. 574-- A Bill to repeal section two, article two, chapter forty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section fourteen-a, article one of said chapter; and to amend and reenact section one, article two of said chapter, all relating to publication of notice of administration of estate by the county clerk; and requiring publication of notice upon referral of the estate to a fiduciary commissioner.
      Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Unger:
     Senate Bill No. 575-- A Bill to amend chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article six-k, relating to requiring disclosure of known defects by sellers of real property; limiting liability of real estate agents; and providing criminal penalties.
      Referred to the Committee on the Judiciary.
     By Senator Rowe:
     Senate Bill No. 576-- A Bill to amend and reenact section fifteen, article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that the purchasing division of the department of administration has regulatory authority over purchases and sales for flood and other emergency relief.
      Referred to the Committee on Government Organization.
     By Senators Rowe, McCabe and Snyder:
     Senate Bill No. 577--A Bill to amend and reenact section one, article one, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section nine, article three of said chapter; to amend and reenact section three, article four of said chapter; to amend article one, chapter seventeen-c of said code by adding thereto a new section, designated section sixty-seven; to amend and reenact sections two, six-a and eight, article five of said chapter; to amend and reenact sections one, one-a, two, two-a and three-a, article five-a of said chapter; to amend and reenact sections eighteen and eighteen-b, article seven, chapter twenty of said code; and to amend and reenact section one, article six-a, chapter thirty-three of said code, all relating to driving or operating a motorboat or other vessel under the influence of alcohol, controlled substances or drugs; reducing the allowable blood alcohol content for driving under the influence from ten hundredths to eight hundredths of one percent of body weight; increasing reinstatement and hearing docket fees; defining the term "conviction"; requiring the prosecuting attorney to submit in writing a statement for the record if an inquiry has been made into any prior convictions and if any prior convictions are found, requiring the statement to identify the court entering the order of the previous conviction and its date and the court action number for each previous offense; increasing penalties; and mandatory participation in the motor vehicle alcohol test and lock program for repeat offenders.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators White, Love, Ross, Minard, Sharpe, Helmick and Rowe:
     Senate Bill No. 578-- A Bill to establish the central highlands West Virginia highway authority to include representatives from Braxton, Webster, Randolph and Pocahontas counties; appointment of officers; and powers of authority.
      Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Rowe:
     Senate Bill No. 579-- A Bill to amend article six, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirteen, relating to petitions for changes of custody when a caretaker-relative has temporary parental custody of a related child or children; providing a presumption to continue custody in a caretaker-relative when a change of custody petition is sought as being in the best interest of the child or children when the caretaker-relative with temporary parental custody of a related child or children has had custody of the child or children for at least eight of the last twelve months preceding the petition filing date; and providing that a caretaker-relative continues to have temporary custody until the end of the school year when a change of custody petition has been granted during the school year unless shown to do so would not be in the best interest of the child or children.
      Referred to the Committee on the Judiciary.
     By Senator Unger:
     Senate Bill No. 580--A Bill to amend article one, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to septic system and cesspool inspectors; and inspections of individual water supplies and individual on-site wastewater systems.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senators Hunter and Minear:
     Senate Bill No. 581-- A Bill to amend and reenact section three, article one, chapter twenty-four-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to motor carriers; and providing certain exemptions for wrecker services.
      Referred to the Committee on Transportation; and then to the Committee on the Judiciary.
     By Senator Harrison:
     Senate Bill No. 582-- 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-two, relating to personal income tax; and authorizing a tax credit for parents or legal guardians who provide their children with either home or private schooling.
      Referred to the Committee on Finance.
     By Senators Chafin, Love, Edgell, Snyder, Bailey, Tomblin (Mr. President), Minear, Guills, Weeks, Sprouse, Helmick, Ross, Sharpe and Fanning:
     Senate Bill No. 583-- A Bill to amend chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article seventeen-a, relating to raising current weight limits to a minimum of eighty thousand pounds; creating the extended weight coal haul road system; providing for special permits system allowing for transportation of coal at weights in excess of certain maximum gross weights; prescribing the criteria for designating state roads and highways that are eligible to compose the extended weight coal haul system; prescribing the criteria for issuance of special permits and conditions thereon; providing that the secretary of the department of transportation determine the permit system; requiring decals indicating use of system; prescribing decal fees; prescribing requirements for requests for decals and prorating fees; providing for impoundment of vehicles operated in violation of the weight limits prescribed herein; providing for criminal penalties for owners, lessees and borrowers of vehicles and civil administrative penalties for producers and shippers of coal shipped in excess of permitted weights; reporting requirements for vehicle owners and receivers of coal transported on public highways; providing for reduction of weight and speed limits by the secretary of the department of transportation; providing the secretary of the department of transportation authority to promulgate rules relating to special permits, inspections and the assessment of administrative penalties; and providing for the concurrent jurisdiction of magistrates and the disposition of civil administrative penalties.
      Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
     By Senators Jenkins, Plymale and Minear:
     Senate Bill No. 584-- A Bill to amend and reenact section thirty-seven, article one, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to restrictions on presence and conduct at polls; authorizing voter verification persons or "checkers" to be appointed by recognized political parties to verify voters' identities and party affiliations during general elections; and providing criminal offense and penalties.
      Referred to the Committee on the Judiciary.
     By Senator Snyder:
     Senate Bill No. 585-- A Bill to amend article two, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twelve, relating to prohibiting optional medicaid benefits over those required by the federal government unless specifically approved by the Legislature.
      Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senator Unger:
     Senate Bill No. 586-- A Bill to amend and reenact section five, article nine-a, chapter six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to boards and commissions; and providing that governing bodies of public agencies need not have a second to a motion if the governing body has seven or less members.
      Referred to the Committee on the Judiciary.
     By Senators Unger, Hunter and McCabe:
     Senate Bill No. 587-- A Bill to amend and reenact section thirteen, article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing members of the West Virginia state police to participate in political activities when not on duty and not wearing a uniform.
      Referred to the Committee on the Judiciary.
     By Senators Jenkins, Ross and Rowe:
     Senate Bill No. 588--A Bill to amend chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-e, relating to implementing a transportation and economic development information system; locating the system in the Nick J. Rahall II, Appalachian transportation institute; and setting forth a work plan.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
      By Senators Smith and Weeks:
     Senate Joint Resolution No. 13-- Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section fifty- seven, relating to clarifying that the Constitution does not require the state to pay for any abortion; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
     Referred to the Committee on the Judiciary.
     By Senators Smith and Weeks:
     Senate Joint Resolution No. 14-- Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section fifty- seven, relating to providing that the Constitution of West Virginia does not grant, offer, confer, bestow or imply a right of a woman to an abortion; numbering and designating such proposed of amendment; and providing a summarized statement of the purpose of such proposed amendment.
     Referred to the Committee on the Judiciary.
     Senators Rowe, McCabe, Ross, Hunter, Unger, White and Fanning offered the following resolution:
     Senate Concurrent Resolution No. 28-- Requesting the Division of Highways name the bridge located on the West Virginia Turnpike at milepost 83.43, spanning Cabin Creek and Kanawha County Route 79/3, as the "Mother Jones Labor Heritage Bridge".
     Whereas, Mary Harris Jones, renowned octogenarian and rabble rousing labor organizer, known as "Mother Jones" or "Miners' Angel", was active in the labor movement early in the 20th century when the United States was changing dramatically from an agrarian economy to an industrial economy; and
     Whereas, Mother Jones came to national attention during the Paint Creek--Cabin Creek coal mine strike in West Virginia in 1912 when she was 82 years old; and
     Whereas, On September 21, 1912, Mother Jones led a march of miners' wives and children through the streets of Charleston to dramatize conditions under which the miners were working; and
     Whereas, The resulting furor from this march and her speeches during this strike resulted in Mother Jones being arrested, tried and convicted by a martial law court and subsequently imprisoned in a boarding house in Pratt, West Virginia; and
     Whereas, Her imprisonment caused the United States Senate to order a commission to investigate conditions in the West Virginia coalfields; and
     Whereas, Mother Jones was set free from prison by newly elected West Virginia Governor Henry Drury Hatfield and continued her nationwide crusade to encourage working people to join labor unions. She made her last fiery public speech at her 100th birthday party on May 1, 1930; and
     Whereas, It is fitting that the interstate bridge spanning Cabin Creek and Route 79/3, known as Cabin Creek Road, in Kanawha County be dedicated to this remarkable senior citizen who added to the rich and colorful history of this state and created a legacy for the labor movement nationwide; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways name the bridge located on the West Virginia Turnpike at milepost 83.43, spanning Cabin Creek and Kanawha County Route 79/3, as the "Mother Jones Labor Heritage Bridge" ; and, be it
     Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "Mother Jones Labor Heritage Bridge" ; 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.
     Which, under the rules, lies over one day.
     Senators Prezioso, Unger, Jenkins, Edgell, Plymale, McCabe and Rowe offered the following resolution:
     Senate Concurrent Resolution No. 29-- Requesting the Joint Committee on Government and Finance study the childhood obesity epidemic in West Virginia with regard to chronic diseases, poor nutrition and inadequate exercise.
     Whereas, The prevalence of obesity has increased sharply among American adolescents and children since its recognition as a national health risk nearly a half century ago; and
     Whereas, According to the Department of Health and Human Resources, 40 percent of children in West Virginia are either overweight or obese; and
     Whereas, Twenty-two percent of middle and high school students ages 12 to 18 years report that they engage in little or no strenuous physical activity, with even higher percentages having high-fat diets; and
     Whereas, Among school-age children, 18 percent report eating five servings of fruit and vegetables daily; and  
     Whereas, Physical education is taught only 2.6 days per week on average in elementary schools and only one semester on average in middle school, with less than 40 percent of students being able to pass the President's Physical Fitness Challenge; and
     Whereas, Obesity presents numerous problems for children. In addition to increasing the risk of obesity in adulthood, childhood obesity is the leading cause of pediatric hypertension, is associated with Type II diabetes mellitus (also known as adult on-set diabetes), increases the risk of coronary heart disease and increases stress on weight-bearing joints; and
     Whereas, The harmful effects of obesity, its multiplicity of causes, its persistence from childhood into adulthood and the scarcity of successful treatment options indicate a need for increased attention to the prevention of excessive weight gain starting as early in life as possible; and
     Whereas, This societal challenge can be dealt with through a host of treatments such as, but not limited to, parent education, physical activity, diet management, behavior modification and policy development; and
     Whereas, Reversing current trends among our youth will require a multifaceted approach, as well as active participation of health officials, researchers, educators and legislators in the formulation of obesity prevention programs; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the childhood obesity epidemic in West Virginia with regard to chronic diseases, poor nutrition and inadequate exercise; 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.
     Senator Ross offered the following resolution:
     Senate Concurrent Resolution No. 30--Requesting the Division of Highways name the replacement bridge on Sellers Run Road in Tyler County the "E. Glenn Moore Memorial Bridge".
     Whereas, E. Glenn Moore was a lifelong resident of Tyler County who was well-known and loved in the county and the state and who, with his wife, Ruth, raised three children while contributing his time, efforts and money to many worthwhile work, church and community projects; and
     Whereas, E. Glenn Moore was President of Local #698 of Union Carbide for many years and worked tirelessly for his union members and their families to better working conditions, wages and benefits; and
     Whereas, E. Glenn Moore helped to organize the Long Reach Employees Federal Credit Union and served as its board president for many years; and
     Whereas, E. Glenn Moore attended Archer's Chapel, served for 25 years as superintendent of Little Church and was instrumental in the construction of new Sunday school rooms and bathrooms for these churches; and
     Whereas, E. Glenn Moore supported the youth of his county and state by organizing the building of a gymnasium in Friendly where kids could play ball, by serving as project leader for the 4-H Club for many years and by encouraging his children, nieces and nephews to obtain their college educations; and
     Whereas, E. Glenn Moore and his wife, Ruth, petitioned AT&T to extend toll-free calling in Tyler County to New Martinsville, thus saving money for their neighbors; and
     Whereas, E. Glenn Moore and his wife, Ruth, organized the first Heritage and Historical Society in Tyler County and helped negotiate the events which turned the former Tyler County High School into what is now the Tyler County Museum; and
     Whereas, It is fitting that this bridge, as requested by his family, friends, coworkers, neighbors and the Tyler County Commission, which is located on a portion of his widow's property be named for this true West Virginia gentleman who touched so many lives and left his mark on the hearts of all who knew him; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways name the replacement bridge on Sellers Run Road in Tyler County the "E. Glenn Moore Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "E. Glenn Moore Memorial Bridge"; 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 family of E. Glenn Moore.
     Which, under the rules, lies over one day.
     Senators Ross, Helmick, Hunter, Sharpe and Unger offered the following resolution:
     Senate Concurrent Resolution No. 31--Requesting the Division of Highways name the bridge spanning the Blackwater River at milepost 5.7 as the "E. F. 'Buck' and Nell Jane West Memorial Bridge".
     Whereas, E. F. "Buck" and Nell Jane West lived their lives in West Virginia and instilled a love of the state and its natural beauty in their five children; and
     Whereas, E. F. "Buck" West worked for the Division of Highways from the 1920s through the late 1980s, retiring when he was in his seventies, and contributed his labor and expertise to many state road projects, including the WPA road construction over difficult terrain in Randolph County; and
     Whereas, Nell Jane West was a middle school teacher in Upshur County and is remembered fondly by generations of students; and
     Whereas, E. F. "Buck" and Nell Jane West sent their five children, grandchildren and great-grandchildren into the world with an abiding love for their home state of West Virginia; and
     Whereas, It is fitting that this bridge near Canaan Valley that they so loved be named in the memory of these hardworking public servants whose descendants still call West Virginia home; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways name the bridge spanning the Blackwater River at milepost 5.7 as the "E. F. 'Buck' and Nell Jane West Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "E. F. 'Buck' and Nell Jane West Memorial Bridge"; 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 the family of E. F. "Buck" and Nell Jane West, including their surviving daughters, Jane West Ralston, Linda West Pertz, Pam Schneeman and Jenny Lynne West.
     Which, under the rules, lies over one day.
     Senators Ross, Hunter, Boley, Sharpe, Unger, White, Love, Rowe, Sprouse, Minear, Dempsey, Fanning and McCabe offered the following resolution:
     Senate Concurrent Resolution No. 32-- Requesting the Joint Committee on Government and Finance study the Medicaid Waiver program for the senior population of West Virginia.
     Whereas, The senior population continues to become a large percentage of the West Virginia population; and
     Whereas, This population is living longer due to improvements in health care, but improved health care has also created a population of seniors who are in fragile health; and
     Whereas, The senior population of West Virginia would rather remain in their home and be as independent as possible; and
     Whereas, It is more economically efficient to provide some health care and supportive services in the home; and
     Whereas, The West Virginia Medicaid Waiver program may save significant money by providing these services in the home instead of institutional care; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the Medicaid Waiver program for the senior population of West Virginia; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Legislature in December, 2003, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That, due to the immediacy of the situation, the members of the Legislature recommend that the Department of Health and Human Resources lift the freeze it imposed on this program until this study and its recommendations are concluded; 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.
The Senate proceeded to the seventh order of business.

     Senate Concurrent Resolution No. 27, Requesting Joint Committee on Government and Finance study protection of water supply.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Natural Resources.
      Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate recessed until 5 p.m. today.