WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
FORTY-NINTH DAY
____________
Charleston, W. Va., Tuesday, February 25, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Teddy Tackett, Lynn Street
Church of Christ, Parkersburg, West Virginia.
Pending the reading of the Journal of Monday, February 24,
2003,
On motion of Senator Caldwell, 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 the following
communication, comprising the annual report of the West Virginia
Commission on Uniform State Laws, which was received:
WEST VIRGINIA COMMISSION ON
UNIFORM STATE LAWS
REPORT TO THE WEST VIRGINIA LEGISLATURE
REGULAR SESSION, 2003
I. PREAMBLE
The West Virginia Commissioners on Uniform State Laws submit
this annual report to the West Virginia Legislature in accordance
with the provisions of West Virginia Code §29-1A-4. Since the
establishment of the West Virginia Commission on Uniform State
Laws, its members have regularly and actively participated in the
National Conference of Commissioners on Uniform State Laws.
II. HISTORY OF NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM
STATE LAWS
In 1889, the New York Bar Association appointed a special
committee on uniformity of laws. In the next year, the New York
Legislature authorized the appointment of Commissioners "to examine
certain subjects of national importance that seemed to show
conflict among the laws of the several commonwealths, to ascertain
the best means to effect an assimilation or uniformity in the laws
of the states, and especially whether it would be advisable for the
State of New York to invite the other states of the Union to send
representatives to a convention to draft uniform laws to be
submitted for approval and adoption by the several states." In
that same year, the American Bar Association adopted a resolution
recommending that each state provide for Commissioners to confer
with the Commissioners of other states on the subject of uniformity
of legislation on certain subjects. In August of 1892, the first
National Conference of Commissioners on Uniform State Laws (ULC) convened in Saratoga, New York, three days preceding the annual
meeting of the American Bar Association.
By 1912, every state was participating in the ULC. In each
year of service, the ULC has steadily increased its contribution to
state law. The ULC has attracted some of the best of the
profession. In 1912, Woodrow Wilson became a member. This, of
course, was before his more notable political prominence and
service as President of the United States. Several persons, later
to become Justices of the Supreme Court of the United States, have
been members. These individuals are former Justices Brandeis and
Rutledge and current Chief Justice Rehnquist. Legal scholars have
served in large numbers. Examples are Professors Wigmore,
Williston, Pound and Bogart. This distinguished body has
guaranteed that the projects of the ULC are of the highest quality
and are enormously influential upon the process of the law.
As it has developed in its 111 years, the ULC is a
confederation of state interests. It arose out of the concerns of
state government for the improvement of the law and for better
interstate relationships. Its sole purpose has been, and remains,
service to state government and improvement of state law.
III. THE OPERATION OF THE ULC
The National Conference is convened as a body once a year. It
meets for a period of eight days, usually in late July or early
August. In the interim period between the annual meetings, drafting committees composed of Commissioners meet to supply the
working drafts which are considered at the annual meeting. The
various drafts are accessible on the Internet. The address is
www.nccusl.org. At each annual meeting, the latest drafts of the
drafting committees are read and debated. Normally, each Act is
considered over a minimum period of two years. No Act becomes
officially recognized as a Uniform Act until the National
Conference is satisfied that it is ready for consideration in the
state legislatures. It is then put to a vote of the states, during
which each state caucuses and votes as a unit.
The governing body is the ULC Executive Committee and is
composed of the officers, certain ex officio members and members
appointed by the President of the ULC. Certain activities are
conducted by standing committees. For example, the Committee on
Scope and Program considers all new subject areas for possible
Uniform Acts. The Legislative Committee superintends the
relationships of the ULC to the state legislatures.
A small staff located in Chicago operates the national office
of the ULC. The national office handles meeting arrangements,
publications, legislative liaison and general administration for
the ULC. The total staff numbers only nine people.
The ULC maintains relations with several sister organizations.
Official liaison is maintained with the American Bar Association,
which contributes an amount each year to the operation of the ULC. Liaison is also maintained with the American Law Institute, the
Council of State Governments and the National Conference of State
Legislatures on an ongoing basis. The Uniform Commercial Code is
a continuing joint project of the ULC and the American Law
Institute. Liaison and activities may be conducted with other
associations as interests and activities necessitate.
IV. SCHEDULED DRAFTING COMMITTEE MEETINGS
Subsequent to the Commission's Report to the Legislature last
year and prior to the date of this report, 30 committee meetings
were held in 11 different cities.
Each meeting of the various drafting committees is open to the
public and is routinely attended by official advisors and observers
from various constituencies across the country. The future
meetings of the Committees (including Joint Editorial Boards)
scheduled as of this date are as follows:
(a) Drafting Committee on Uniform Certificate of Title Act
Date and Time: February 21-23, 2003, beginning at 9:00 a.m.
each day
Place: DoubleTree, Dallas, Texas
(b) Drafting Committee to Revise Uniform Estate Tax
Apportionment Act and Section 3-916 of the Uniform Probate Code
Date and Time: February 21-23, 2003, beginning at 9:00 a.m.
each day
Place: DoubleTree, Dallas, Texas
(c) Drafting Committee on Uniform Real Property Electronic
Recordation Act
Date and Time: February 21-23, 2003, beginning at 9:00 a.m.
each day
Place: DoubleTree, Dallas, Texas
(d) Drafting Committee on Uniform Environmental Covenants Act
Date and Time: February 28-March 2, 2003, beginning at 9:00
a.m. each day
Place: St. Regis, Washington, D. C.
(e) Drafting Committee on Entity Transactions Act
Date and Time: March 21-23, 2003, beginning at 9:00 a.m. each
day
Place: St. Anthony Hotel, San Antonio, Texas
(f) Drafting Committee on International Conciliation
Amendments to the Uniform Mediation Act
Date and Time: March 21-23, 2003, beginning at 9:00 a.m. each
day
Place: St. Anthony Hotel, San Antonio, Texas
(g) Drafting Committee on Uniform Wage Withholding Procedure
Act
Date and Time: March 21-23, 2003, beginning at 9:00 a.m. each
day
Place: St. Anthony Hotel, San Antonio, Texas
(h) Joint Editorial Board on Uniform Family Law
Date and Time: April 25-27, 2003, beginning at 9:00 a.m. each
day
Place: Club Quarters, 111 W. Adams Street, Chicago, Illinois
(i) Joint Editorial Board on Uniform Unincorporated
Organization Acts
Date and Time: April 25-27, 2003, beginning at 9:00 a.m. each
day
Place: Club Quarters, 111 W. Adams Street, Chicago, Illinois
(j) Joint Editorial Board for Uniform Real Property Acts
Date and Time: April 25-27, 2003, beginning at 9:00 a.m. each
day
Place: Club Quarters, 111 W. Adams Street, Chicago, Illinois
(k) Committee on Liaison with Native American Tribes
Date and Time: April 25-27, 2003, beginning at 9:00 a.m. each
day
Place: Club Quarters, 75 E. Wacker Drive, Chicago, Illinois
(l) Drafting Committee to Revise Uniform Management of
Institutional Funds Act
Date and Time: April 25-27, 2003, beginning at 9:00 a.m. each
day
Place: Club Quarters, 75 E. Wacker Drive, Chicago, Illinois
(m) Drafting Committee on Uniform Real Property Electronic
Recordation Act
Date and Time: May 1-4, 2003, beginning at 9:00 a.m. each day
Place: DoubleTree, Atlanta, Georgia
(n) Committee on Style
Date and Time: May 1-4, 2003, beginning at 9:00 a.m. each day
Place: DoubleTree, Atlanta, Georgia
(o) Drafting Committee on Uniform Certificate of Title Act
Date and Time: May 9-11, 2003, beginning at 9:00 a.m. each
day
Place: Club Quarters, 75 E. Wacker Drive, Chicago, Illinois
V. ACTIVITIES OF THE WEST VIRGINIA COMMISSION ON UNIFORM STATE
LAWS
A. Committee Assignments:
The West Virginia Commissioners are Richard E. Ford of
Lewisburg; Judge Frederick P. Stamp, Jr., of Wheeling; and John L.
McClaugherty of Charleston. The Commissioners from West Virginia
serve on several drafting committees, study committees and other
committees of the conference.
B. ULC Offices Held by Commissioners from West Virginia:
John L. McClaugherty, President (1999-2001), is now a member
of the Executive Committee
C. 2002 Annual Meeting
All three Commissioners from West Virginia attended the last
ULC annual meeting.
VI. ULC 2002 ANNUAL MEETING HELD FROM JULY 26, 2002, THROUGH
AUGUST 2, 2002
At the Annual Conference, eight Acts or sets of Amendments
were approved for enactment by the states. These Acts and
Amendments are summarized as follows:
A. Uniform Child Witness Testimony by Alternative Methods Act
This Act authorizes a court to consider whether to allow a
child to testify outside the presence of a party and outside a
proceeding when testifying otherwise would impair the testimony of
the child witness or subject the child witness to distress. In a
criminal proceeding, to obtain an alternative method, it must be
proved by clear and convincing evidence that testimony will cause
the child great emotional distress. In a civil proceeding, it must
be shown that an alternative is in the best interests of the child
by a preponderance of the evidence. Party rights to examination
and cross-examination are preserved.
B. Amendments to Uniform Commercial Code Articles 3 and 4
Very limited Amendments to UCC Articles 3 and 4 were
promulgated by the American Law Institute and the Uniform Law
Conference in 2002. These articles govern negotiable instruments
and bank deposits and collections. The most significant Amendment
deals with adding suretyship rules from the Restatement of
Suretyship to replace the rules for indorsers and accommodation
parties when an obligation is released without payment. There are
new warranty rules for telephonically generated checks--a new
phenomenon. Certain writing requirements are extended to include electronic records. These are examples of these Amendments. The
primary character of negotiable instruments and checks remains
unchanged.
C. Uniform Interstate Enforcement of Domestic Violence Protection
Orders Act
This Act implements the obligation of full faith and credit
for domestic violence protection orders required by the U. S.
Constitution and the federal Violence against Women Act. There are
two principal methods of enforcement: (1) Direct enforcement by a
court of the domestic violence protection orders of another state;
or (2) enforcement by law-enforcement officers upon a finding that
there is probable cause to believe that a domestic violence
protection order from another state has been violated. In
addition, a domestic violence protection order from another state
may be registered in advance of any possible violation of that
order to expedite enforcement by courts or law-enforcement
officers. The 2002 Amendments expressly add antistalking orders to
the scope of this Act.
D. Uniform Nonjudicial Foreclosure Act
This Act permits the foreclosure of real estate mortgages
without a judicial proceeding. It allows traditional sale by
auction, placing foreclosed property directly on the real estate
market or strictly foreclosing on the property. Nonjudicial
foreclosure of a residential mortgage eliminates deficiency judgments for good-faith debtors. Post-sale redemption is
eliminated. The premise for this Act is that in the huge majority
of cases the right to foreclose is clear and unequivocal. A
judicial proceeding in every case, therefore, impedes the
inevitable result, which is sale of the property to satisfy the
debt. There is always recourse to a court if there is doubt about
the right to foreclose.
E. Uniform Apportionment of Tort Responsibility Act
This Act provides for a modified form of comparative fault
which compares the fault of an injured party with that of all
contributing tortfeasors in an action for damages until the injured
person's contribution reaches or exceeds 50 percent of his or her
own injury. Then contributory fault is an absolute bar to
recovery. Joint and several liability of multiple tortfeasors is
limited to certain instances, primarily the one in which multiple
tortfeasors act in concert. Otherwise, joint and several liability
is abolished. There is a reallocation procedure when there are
multiple tortfeasors and it appears reasonably certain that a
tortfeasor will not pay compensation to an entitled injured party.
F. Amendments to Uniform Computer Information Transactions Act
The Uniform Computer Information Transactions Act (UCITA) is
the first comprehensive Act governing the commercial licensing of
computer information and network access contracts. It governs all
aspects of licensing contracts from formation to remedies in the event there is breach of contract. Computers operate with, produce
and use digitized information. The software that runs the computer
and the music that it plays are all the same in that sense. What
is transferred from person to person is that digitized information
stored electronically. A licensing contract is a contract to
transfer the informational rights and copies of the information
that the originator of computer information has to a transferee.
Usually, the transferor of computer information reserves some of
the informational rights--the right to copy being the most commonly
withheld right. Computer information can be copied and
disseminated instantly and infinitely, and the license contract
protects the transferor's economic interest in computer information
by limiting the transferee's subsequent transfer rights. There are
special formation rules in UCITA for acquisition of licenses in the
mass market, warranty rules for transfer of information, including
special compatibility rules, rules relating to the authentication
of transfers of computer information and rules for memorializing
contracts using electronic records. Remedies for breach of an
agreement are, generally, damages. The 2002 Amendments cut off
electronic self-help as a remedy, limit the ability to prohibit
reverse engineering and make licensing contracts nonbinding until
they are available for review either electronically or in a
writing.
G. Uniform Parentage Act
The original Uniform Parentage Act (UpaA) was promulgated in
1973. It removed the legal status of illegitimacy from the law of
the U. S. and provided a first modern civil paternity action. The
2002 UpaA augments and streamlines the 1973 UpaA. It includes the
basic paternity or parentage action with expanded standing to bring
such an action, but provides for a nonjudicial acknowledgment of
paternity procedure that is the equivalent of an adjudication of
paternity in a court, providing that there is no presumed father of
the child. The presumption of fatherhood is based on the
relationship between a man and woman with respect to a child. The
most common presumed father is the man married to the birth mother
of the child at the time of conception. The acknowledgment
proceeding is predicated on the availability of the precise genetic
testing that has developed since 1973. A paternity registry is
provided in the 2002 UpaA. There is a specific, separate judicial
proceeding for ordering genetic testing. The 2002 UpaA provides
specific standards for genetic testing. Only genetic tests that
identify another man as a father or exclude the presumed father may
be used to rebut the presumption of fatherhood in a paternity
action. Included in the 2002 UpaA are also rules for determining
the parents of children whose conception is not the result of
sexual intercourse. Included kinds of assisted conception are
artificial insemination and in vitro fertilization. The 2002 UpaA
also incorporates sections on gestational agreements, but as optional sections because of state law differences on these kinds
of contracts. The principal Amendments in 2002 return some of the
nonmarital presumptions of paternity from the 1973 Act that were
eliminated in the 2000 Act.
H. Uniform Securities Act
A major revision of the Uniform Securities Act was promulgated
in 2002. There has been a uniform Act on the issues of securities
regulation going back to 1930. This Act replaces both the 1956
Uniform Act and the 1985/88 Uniform Act. It provides basic law for
registration of securities issues, broker-dealers and investment
advisors, along with enforcement powers for the securities
administrator. Coordination with federal law, particularly after
the 1996 National Securities Markets Improvement Act, is a primary
goal. The 1996 federal act specifically preempted state securities
regulation, making all existing state law out of compliance. The
Act also accommodates electronic records and filing systems.
VII. RECOMMENDATIONS BY THE WEST VIRGINIA COMMISSION ON UNIFORM
STATE LAWS
The West Virginia Commission on Uniform State Laws has
recommended that the following Uniform Acts be considered during
the 2003 legislative session:
1. Uniform Interstate Enforcement of Domestic Violence
Protection Orders Act
2. Uniform Mediation Act
3. Uniform Trust Code
VIII. DISTRIBUTION OF REPORT
As recommended in the Performance Review Report pertaining to
the Commission on Uniform State Laws, a copy of this report to the
Legislature is being forwarded to the West Virginia State Bar, the
West Virginia Bar Association, the Mountain State Bar Association,
the West Virginia Trial Lawyers Association and the Defense Trial
Counsel of West Virginia.
Respectfully submitted this 20th day of February, 2003.
Richard E. Ford,
Chair,
John L. McClaugherty,
Legislative Chair,
Frederick P. Stamp, Jr.,
Secretary.
The Senate 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 of
Eng. Senate Bill No. 163, Continuing driver's licensing
advisory board.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 205, Modifying criminal intent for animal
cruelty crimes; fine.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page three, section twelve, line six, by striking out the
word "or" and inserting in lieu thereof the word "and";
On page three, section twelve, beginning on line twenty-two,
after the word "reptile" by changing the period to a comma and
inserting the words "but in no case can recovery be had in excess
of the assessed value of such dog, cat, animal or reptile.";
And,
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 205--A Bill to amend and reenact section
twelve, article twenty, chapter nineteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
amend and reenact section nineteen, article eight, chapter sixty-
one of said code, all relating to modifying the criminal intent
requirement for animal cruelty crimes; increasing the fine
applicable to convicted persons; creating a felony offense for
intentionally torturing or maliciously killing animals; and
mandating that persons convicted of animal cruelty be prohibited from possessing, owning or residing with animals for varying
periods depending on whether the person is convicted of a
misdemeanor or felony.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. S. B. No. 205) and
requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 282, Continuing division of motor
vehicles.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2120, Relating to workers'
compensation generally.
On motion of Senator Chafin, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of five from each house on the disagreeing
votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators McCabe, Helmick, Kessler, Sharpe and Sprouse.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2003, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2282--A Bill to amend and reenact section
thirteen, article one, chapter fifty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
payment to magistrates who serve temporarily outside their elected
counties.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2505--A Bill to amend and reenact section
fifteen, article five, chapter eight of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
allowing municipalities to establish a procedure for run-off
elections in cases of tie votes in municipal elections.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2712--A Bill to repeal
section three-c, article sixteen, chapter thirty-three of the code
of West Virginia, one thousand nine hundred thirty-one, as amended;
to amend and reenact section three-a of said article; and to amend
and reenact section twenty-four, article twenty-five-a of said
chapter, all relating to the inclusion of mental health parity
applicability to nonemployer groups; and to the applicability of
mental health parity to health maintenance organizations.
Referred to the Committee on Banking and Insurance; 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. Com. Sub. for House Bill No. 2749--A Bill to amend
article twenty, chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a
new section, designated section six-a, relating to reciprocal
licensure of physical therapists from other states or countries.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, to take effect from passage, of
Eng. House Bill No. 2763, Allowing original equipment mounted
auxiliary lighting devices for use only when the vehicle is used
off road.
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. 2823--A Bill to amend and reenact section
seven, article one, chapter eleven-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; and to amend and
reenact section twenty, article three of said chapter, all relating
to real and personal property taxes; sheriff's tax sale of real
estate erroneously assessed or nonexistent; modifying the method
for a purchaser to recover the purchase money; limiting the period
of time for demanding a refund; and requiring that delinquent
personal property taxes, just as real estate taxes, must be paid
before current taxes may be paid.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2835--A Bill to amend
article one, chapter nine-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a
new section, designated section eleven; and to amend and reenact
section nine-a, article twenty-two, chapter twenty-nine of said
code, all relating to establishing a special revenue fund to
receive gifts and donations for the support of veterans'
facilities; authorized expenditures; renaming a special revenue
fund and clarifying its purpose; and removing a statement implying
restraints on funds to repay bonds.
Referred to the Committee on Military; 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. 2891--A Bill to amend and reenact section
three, article fourteen, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to gasoline and special fuel excise tax; and repealing
requirement that tax commissioner annually report by county and
individual gas pump within each county amount of gasoline and
special fuel excise tax collected.
Referred to the Committee on Finance.
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. 22--Requesting the Division of
Highways to name I-64 from the Virginia state line to the Kentucky
state line the "Purple Heart Trail".
Whereas, West Virginia owes a debt of gratitude to her sons
and daughters who have served in the armed forces with distinction
and returned and those who the winds of war have swept from these
mountains forever; and
Whereas, It is a fitting tribute and a demonstration of our
respect and our appreciation to name the entire I-64 corridor in
memory of all West Virginians who have served so valiantly in all
wars; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name I-64 the "Purple Heart Trail" and to erect signage as it
deems appropriate in all rest areas facilities on the designated
highway; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of the Division of Highways, the Secretary of the Department of
Transportation, the Director of Veterans' Affairs, the Secretary of
the Department of Military Affairs and Public Safety and the
Governor of the State of West Virginia.
Referred to the Committee on Transportation.
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. 28--Requesting the
Commissioner of the Division of Highways to rename the Barrackville
Bridge, which crosses Buffalo Creek on County Route 21, milepost
.02 in Marion County, the "Oce Smith Bridge".
Whereas, Oce Smith was born in Barrackville, Marion County,
the son of the late Oce W. Smith, Sr., and Norma Lough Smith, and
attended Fairmont State College and West Virginia University; and
Whereas, Oce Smith was first elected House Sergeant at Arms in
1967 and continues to serve in that capacity today; and
Whereas, Oce Smith served the House of Delegates for many
years in various other capacities prior to his election as House
Sergeant at Arms in 1967; and
Whereas, Oce Smith has been associated with the West Virginia
Legislature for over half a century and holds the great distinction
of having the longest tenure of any state legislative officer
currently serving in the United States; and
Whereas, Oce Smith has endeared himself to countless
legislators, both past and present, through his dedicated and
distinguished service and is thus worthy of our acknowledgment and
utmost gratitude; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to rename the Barrackville Bridge, which
crosses Buffalo Creek on County Route 21 at milepost .02 in Marion
County, the "Oce Smith Bridge"; and, be it
Further Resolved, That the Division of Highways cause an
appropriate sign to be placed at both ends of this bridge which
designates the bridge as the "Oce Smith Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of the Division of Highways and to Mr. Smith.
Referred to the Committee on Transportation.
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. 29--Renaming the Mannington
Bridge, located in Marion County on Route 11 at mile post 7.39
where it crosses Buffalo Creek, the "Regillo Brothers Bridge".
Whereas, Six brothers, Tony, Nick, Philip, Lester, Angelo and
Joe, the sons of Italian immigrants who immigrated to this country
ninety-five years ago, settling in Marion County, all served
honorably in the armed services of this country during times of
war; and
Whereas, Tony, Nick, Philip, Lester and Angelo all served
during World War II and Joe served during the Korean War; and
Whereas, Lester, while serving on the Siegfried line in Germany during World War II, saved the life of his squad leader,
Arch A. Moore, Jr., the former governor of West Virginia; and
Whereas, These six first-generation Americans collectively
exhibited an unselfish and honorable service to this country, which
each performed during a time of extreme danger and conflict; and
Whereas, This exhibition of collective, unselfish and
honorable service provides a classic and ennobling legacy,
embodying the highest traditions of military service to this
country; a legacy which this Legislature intends to honor with the
naming of a bridge, which is a modest tribute considering these
brothers' collective and indomitable spirit; therefore, be it
Resolved by the Legislature of West Virginia:
That the six Regillo brothers are hereby honored by renaming
the Mannington Bridge, located in Marion County on Route 11 at mile
post 7.39 where it crosses Buffalo Creek, the "Regillo Brothers
Bridge"; and, be it
Further Resolved, That the Legislature hereby requests the
West Virginia Division of Highways to name the bridge located in
Marion County on Route 11 at mile post 7.39 where it crosses
Buffalo Creek, the "Regillo Brothers Bridge" by placing signs at
each end of the bridge bearing that inscription; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of the Division of Highways and the Marion County Commission.
Referred to the Committee on Transportation.
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. 31--Requesting the West
Virginia Division of Highways to dedicate the Hough Street Bridge
in Mannington, Marion County, West Virginia, over the Route 1/16
crossing Buffalo Creek at milepost 0.01, "In Memory of Sammie W.
Hunter".
Whereas, Sammie W. Hunter was born on July 18, 1919, and
passed on September 6, 2002, leaving this world a better place; and
Whereas, Sammie was a devoted family man, undaunted veteran,
active civic leader and diligent public servant; and
Whereas, Sammie was a former mayor and city official of the
city of Mannington; and
Whereas, Sammie was an active member of the Mannington bridge
committee; and
Whereas, Sammie played an instrumental role in numerous city
projects in Mannington that are still evident today; therefore, be
it
Resolved by the Legislature of West Virginia:
That honor and recognition is hereby expressed by the members
of the House of Delegates to the life achievements of Sammie W.
Hunter by dedicating the Hough Street Bridge in Mannington, Marion County, West Virginia, over the Route 1/16 crossing Buffalo Creek
at milepost 0.01, "In Memory of Sammie W. Hunter"; and, be it
Further Resolved, That the West Virginia Division of Highways
provide and erect a sign at either end of the bridge displaying the
name of the bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the
Commissioner of the Division of Highways.
Referred to the Committee on Transportation.
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. 32--Requesting the West
Virginia Division of Highways to dedicate the Watson Veterans
Bridge over the West Fork River in Watson, Marion County, West
Virginia, on U. S. Route 250 to the "Senior Citizens of Watson".
Whereas, The senior citizens of Watson have been influential
in the development and preservation of the history of Watson and
the surrounding community; and
Whereas, The senior citizens of Watson continue to play an
instrumental role in the development and advancement of Watson; and
Whereas, The senior citizens of Watson should be commended on
all their diligent, hard work they have contributed to the
surrounding community over the years; and
Whereas, The senior citizens of Watson should receive the
praise they deserve by honoring them by dedicating the Watson
Veterans Bridge to the "Senior Citizens of Watson Bridge";
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia
Division of Highways to dedicate the Watson Veterans Bridge over
the West Fork River in Watson, Marion County, West Virginia, on U.
S. Route 250, to the "Senior Citizens of Watson"; and, be it
Further Resolved, That the West Virginia Division of Highways
provide and erect a sign at either end of the bridge displaying the
dedication to the bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the
Commissioner of the Division of Highways.
Referred to the Committee on Transportation.
The Senate proceeded to the fourth order of business.
Senator Caldwell, from the Committee on Interstate
Cooperation, submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under
consideration
Senate Bill No. 341, Creating Uniform Interstate Enforcement
of Domestic Violence Protection Orders Act.
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,
Anita Skeens Caldwell,
Chair.
The bill, 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. 566, Increasing salaries of supreme court
justices and circuit court judges.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 566 (originating in the
Committee on the Judiciary)--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; to amend and
reenact section thirteen, article two of said chapter; and to amend
and reenact section six, article two-a of said chapter, all
relating to increasing the salaries of justices of the supreme
court, judges of circuit courts and family court judges.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 566) 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.
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. 648 (originating in the Committee on the
Judiciary)--A Bill to repeal section forty, article one, chapter
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to repeal section twenty, article two of
said chapter; to repeal section twenty-one, article four-a of said
chapter; to repeal section twenty-one, article nine of said
chapter; to amend and reenact sections seven, nine, twenty, twenty-
one, twenty-four, twenty-five, twenty-eight, twenty-nine, thirty,
thirty-four, thirty-nine, forty-one, forty-four and forty-five,
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 two, three,
five, seven, ten, thirteen, nineteen and thirty, article two of
said chapter; to further amend said article by adding thereto a new
section, designated section four-a; to amend and reenact sections
one, two, two-a, three, five, five-c, seven, eight, ten and eleven,
article three of said chapter; to amend and reenact sections ten
and twenty-three, article four of said chapter; to amend and
reenact sections nine, nineteen, twenty-two, twenty-four-a and
twenty-seven, article four-a of said chapter; to amend and reenact
sections ten, thirteen, fifteen and nineteen, article five of said
chapter; to amend and reenact sections three, four-a, five, six,
seven and nine, article six of said chapter; to amend and reenact
sections one and four, article seven of said chapter; to amend and
reenact sections two, four, five, eight and twelve, article eight
of said chapter; to amend and reenact sections seven and eight,
article ten of said chapter; and to amend and reenact section two,
article six, chapter eight of said code, all relating to elections
generally; requiring written notice to registered voters if
precinct is changed; clarifying how members of the state executive
committees are elected; specifying the information to be on the
general information cards; providing instruction on casting a
provisional ballot; requiring posting of names of official write-in
candidates; requiring all information available to voters on
election day to be available during the early in-person voting period; requiring the circuit clerk to transfer absentee ballots to
the clerk of the county commission where clerk of the county
commission is responsible for absentee voting; authorizing poll
clerks to pick up election supplies; authorizing reimbursement for
county employees who deliver election supplies; prohibiting
election officials from also being official write-in candidates;
making expanded receiving boards optional; clarifying that
alternate election officials be paid for attending training;
changing challenged ballot to provisional ballot throughout;
clarifying that the clerk of the county commission may use election
records and returns to update voter registration records;
eliminating the requirement for the immediate arrest of a person
accused of voting illegally; establishing procedures for taking and
securing affidavits regarding illegal voting; providing for the
secured affidavits to be given to the prosecuting attorney;
establishing procedures for challenging ballots and voting a
provisional ballot; requiring that the secretary of state establish
a system to allow provisional voters to learn whether or not their
vote was counted and why; requiring the circuit court to decide
proceedings to compel performance of election duties within fifteen
days; establishing a state election fund; setting new standards for
voting systems; providing for state administrative complaint
procedures for election law violations; authorizing the secretary
of state to establish and maintain a statewide voter registration list; providing for stricter identification procedures for voter
registration; clarifying when seventeen-year-olds may vote in
municipal elections; providing that voter registration services
will be provided whenever the office of the clerk of the county
commission is open for business; clarifying that the secretary of
state must periodically review and revise the rule relating to
voter registration; clarifying that voter registration lists or
data files may not be used or sold for commercial or charitable
solicitations or advertising; changing regular absentee voting to
early in-person voting; allowing voters who have resided in a
nursing home for less than thirty days to vote by an emergency
absentee ballot; clarifying that absentee ballots require a mail-in
absentee ballot application; authorizing two representatives to
assist with absentee voting and establishing qualifications;
expanding the early in-person voting period to twenty days;
eliminating voting on Monday before a Tuesday election and adding
voting on the two Saturdays prior to the election; requiring notice
to voters that Monday voting is no longer available; clarifying
procedures for and materials required for early in-person voting;
authorizing representatives to sign the back of mail-in ballots;
requiring proper supplies be sent to mail-in absentee voters;
establishing measures for securing mail-in absentee ballots;
providing that the emergency absentee ballot commissioners must
sign an oath; authorizing counties that use paper ballots to begin counting absentee ballots at nine o'clock the morning of election
day; removing certain requirements for challenging absentee
ballots; allowing ballot commissioners and the clerk of the circuit
court to use printed facsimile signature; requiring that all
electronic voting system materials be retained twenty-two months;
providing that a person who assists voters casting their ballots
cannot be a candidate on the ballot or an official write-in
candidate; removing the requirement that write-in votes be
indicated by punching out write-in voting position on a punch card
ballot in addition to entering the candidate's name; providing that
the publication of sample ballots will be made not more than
twenty-six nor less than twenty days prior to the primary and
general elections; requiring numbers and perforated stubs on paper
ballots; clarifying the requirements for an executive committee to
call a meeting to fill vacancies on a ballot; allowing issues of
candidate eligibility to be brought before the election commission;
requiring the certificate of announcement for a write-in candidate
be received by the close of business the eighteenth day prior to
the election; requiring contests for state offices, legislative
seats and judgeships to be filed within ten days of the
certification of the election; removing the requirement that
political committees advocating for or against an issue file
financial statements; excluding federal political action committees
from filing with the state; allowing a change of treasurer of a campaign committee by filing a written statement; requiring that
candidates in a primary election file financial statements on the
last Saturday in March or within six days thereafter; requiring
that candidates in a general election file financial statement on
the first Saturday in September or within six days thereafter;
eliminating requirement that financial reports be notarized and
requiring them to be sworn; allowing corporations to participate in
nonpartisan registration and get-out-the-vote campaigns;
prohibiting anonymous radio or television advertisements advocating
the election or defeat of candidates; clarifying how a vacancy in
the office of county commissioner or clerk of the county commission
is to be filled; removing requirement to fill certain vacancies by
election if the unexpired term is greater than one year; removing
inconsistent time frames for holding annexation election; and
clarifying that a majority of votes in the municipality and a
majority of votes in the territory to be annexed determine the
outcome of annexation elections.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Snyder, unanimous consent being
granted, the bill (S. B. No. 648) contained in the preceding report from the Committee on the Judiciary was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
House Concurrent Resolution No. 46, Naming Mullens Overhead
Bridge located on State Route 16 in Mullens, Wyoming County, West
Virginia the "Sergeant Jack W. Staton Memorial Bridge".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Mike Ross,
Chair.
The Senate proceeded to the sixth order of business.
Senator Snyder offered the following resolution:
Senate Resolution No. 23--
Granting permission to introduce a
joint resolution proposing an amendment to the Constitution
designated "Legislators' Right to Hold Civil Office Amendment".
Resolved by the Senate of West Virginia, two thirds of the
members present and voting agreeing thereto:
That in accordance with Senate Rule No. 14, permission is
hereby given to introduce a joint resolution with the following
title:
Proposing an amendment to the Constitution of the State of West Virginia, amending section fifteen, article VI thereof,
relating to the Legislature; senators and delegates not to hold
civil office for profit; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of
such proposed amendment.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 17, Requesting Congress enact
National Recreation Lakes Act of 2002.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 24, Urging Congress to enact
legislation addressing navigational needs on rivers; funding.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for 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.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 34, Requesting Joint
Committee on Government and Finance study administration of
estates.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 35, Relating to pension fund
bonds.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 76, Increasing amount from consolidated
fund as loan to economic development authority.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 76) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 90, Increasing number of sales by certain
volunteer groups that are exempt from consumers sales tax.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 90) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 112, Allowing farm wineries to
manufacture, serve and sell certain wines.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 112) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 112) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 180, Providing for school
construction on cash basis.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
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. 180) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 180) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 193, Relating to required registration
with commissioner of banking for certain persons.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 193) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 403, Relating to payment in lieu of
property tax agreements generally.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 403) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 403--A Bill to amend article three,
chapter eleven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section nine-a, relating generally to payment in lieu of
property tax agreements; prescribing uniform minimum reporting and
content requirements for payment in lieu of tax agreements;
requiring that agreements be filed in county clerk's office and
with chief inspector and secretary of tax and revenue and updated
annually; requiring that local levying bodies approve payment in
lieu of tax agreements; permitting chief inspector to specify
content of agreement and summaries by procedural rules; specifying
method for allocation and distribution of payments in lieu of
property taxes, whether payment is received in money or other
property; specifying how in lieu of property tax payments received
by a board of education are treated for purpose of state school aid
formula; defining certain terms; specifying when and how these
rules apply and exempting certain agreements from their
application; and providing effective dates.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 423, Allowing board of
examiners of land surveyors set certain fees by legislative rule.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
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. 423) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 477, Relating to transfer of certain fees
to general revenue fund by fire marshal.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Senate Bill No. 637, Supplementing, amending, reducing
and increasing items from state road fund to department of
transportation, division of motor vehicles.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 637) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 637) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 638, Making supplementary appropriation
to department of military affairs and public safety, division of
corrections, parolee supervision fees.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 638) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 638) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 639, Making supplementary appropriation
to department of transportation, division of motor vehicles,
driver's license reinstatement fund.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 639) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 639) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 640, Making supplementary appropriation
of federal funds to department of military affairs and public
safety, division of veterans' affairs.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 640) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 640) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 641, Making supplementary appropriation
of federal funds to department of administration, children's health
insurance agency.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 641) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 641) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 642, Making supplementary appropriation
to department of health and human resources, division of human
services.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 642) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 642) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 643, Making supplementary appropriation
to bureau of commerce, division of natural resources.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 643) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 643) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 644, Making supplementary appropriation
of federal funds to department of military affairs and public
safety, division of corrections.
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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 644) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 644) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 645, Making supplementary appropriation of federal funds to public service commission, motor carrier
division.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 645) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Guills--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 645) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 51, Setting required and
permitted uses of proceeds from charitable bingo and raffles.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Kessler, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page five, section twenty-three, line thirty-eight, after
the word "article" by changing the colon to a period and striking
out the remainder of the subsection;
On page seven, section twenty-three, after line seventy-four,
by adding a new subsection, designated subsection (i), to read as
follows:
(i) Nothing in this article shall be construed to restrict a
licensee organization from transferring game proceeds by
sequentially numbered checks from the same account between a
licensee's bingo and raffle accounts in an amount not to exceed the
amount of actual loss of the game fund receiving the transfer.;
On page eleven, section twenty-one, line forty-two, after the
word "article" by changing the colon to a period and striking out
the remainder of the subsection;
And,
On page twelve, section twenty-one, after line seventy-eight,
by adding a new subsection, designated subsection (i), to read as
follows:
(i) Nothing in this article shall be construed to restrict a
licensee organization from transferring game proceeds by
sequentially numbered checks from the same account between a
licensee's bingo and raffle accounts in an amount not to exceed the
amount of actual loss of the game fund receiving the transfer.
The bill (Com. Sub. for S. B. No. 51), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 136, Exempting mandatory
immunizations for religious beliefs.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 362, Establishing
Public-Private Transportation Act of 2003.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 364, Strengthening
multidisciplinary treatment team process for children involved in court system.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 387, Increasing time to perfect
liens for certain debts.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 405, Changing personal care
homes to assisted living residences; extending board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 428, Directing auditor issue warrants for
payment of certain claims against state.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 608, Allowing continuance of summary
certificate of need reviews for proposed behavioral health
services.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 616, Allowing municipalities to enact
occupation privilege fee.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
On page two, section eleven-a, line five, after the word
"regardless" by inserting the word "of".
The bill (S. B. No. 616), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 646, Authorizing centers for economic
development and technology advancement.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 647, Establishing and maintaining
self-insurance account by investment management board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 494, Regulating fees between
cemeteries, certain companies and veterans for setting grave
markers.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 634, Defining crow as gamebird.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
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 Senators Rowe, Ross and Sprouse.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Snyder, unanimous consent being
granted, it was ordered that the Journal show had Senator Snyder
been present in the chamber on yesterday, Monday, February 24,
2003, he would have voted "yea" on the passage of Engrossed Senate
Bill No. 95, Engrossed Senate Bill No. 357, Engrossed Senate Bill
No. 635, Engrossed Senate Bill No. 636 and Engrossed House Bill No.
2763.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate recessed until 5:30
p.m. today.