WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
FIFTY-EIGHTH DAY
____________
Charleston, W. Va., Thursday, March 6, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Timothy Dillon, Greenbrier
Baptist Church, Ronceverte, West Virginia.
Pending the reading of the Journal of Wednesday, March 5,
2003,
On motion of Senator Deem, 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.
At the request of Senator Chafin, unanimous consent being
granted, the Senate proceeded to the sixth order of business.
Senator Snyder offered the following resolution:
Senate Concurrent Resolution No. 53--Requesting the Joint
Committee on Government and Finance study the regulation of all-
terrain vehicles in West Virginia.
Whereas, The regulation of all-terrain vehicles in West Virginia is an increasing concern for the citizens of West
Virginia; and
Whereas, The Legislature has attempted to address these
concerns during the current regular session of the Legislature, but
has not been able to come to a consensus on how these all-terrain
vehicles should be properly regulated in light of increased
incidences of injuries and fatalities resulting from the operation
of all-terrain vehicles; and
Whereas, There is a pressing need for the reasonable and
sensible regulation of all-terrain vehicles; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the regulation of all-terrain vehicles in West
Virginia; 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 Snyder offered the following resolution:
Senate Concurrent Resolution No. 54--Requesting the Joint
Committee on Government and Finance study the regulation of health
care professionals licensed in West Virginia.
Whereas, The status of health care professionals and their
regulation is a cause for concern for the citizens of West Virginia
and has resulted in, among other problems, the "medical
malpractice" situation; and
Whereas, The Legislature has attempted to address these
concerns during the current regular session of the Legislature
without a consensus solution and it is apparent that changes must
be made in the manner that information and data are reported and
collected in order to reach a solution to these problems; and
Whereas, There is a need for a better system of collecting
information and data, such as the number of complaints filed
against a health care professional, administrative actions taken,
civil malpractice actions filed, resolutions of those actions,
including settlements and judgments, and the insurance rates with
which health care professionals are faced, in order to better
understand and provide meaningful solutions to those problems and
protection for the citizens of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the regulation of health care professionals licensed in West Virginia
; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2004, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Snyder, Unger, Tomblin (Mr. President),Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Sprouse, Weeks and White offered the following
resolution:
Senate Resolution No. 29--
Recognizing State Police Trooper R.
J. "Bobby" Elswick who was wounded in the line of duty.
Whereas, State Police Trooper R. J. "Bobby" Elswick, who has
served West Virginia for seven years, was seriously wounded in the
line of duty in October, 2002, when he was shot while answering a
domestic violence call; and
Whereas, After being hospitalized for one month at Washington County Hospital in Hagerstown, Maryland, Trooper Elswick was
transferred to a rehabilitation hospital in Atlanta, Georgia, which
specializes in brain and spinal cord injuries. Since the shooting,
Trooper Elswick has struggled to rebuild his life. The physical
and speech therapy is exhausting, but rewarding with every
advancement. His determination to regain the strength and mobility
he once had is an inspiration to all who know him; and
Whereas, Four months after the ordeal, Trooper Elswick
returned to West Virginia aboard the Governor's private airplane.
He was given a tumultuous homecoming by family, friends, his fellow
troopers and law-enforcement officers from across the eastern
panhandle; and
Whereas, Trooper Elswick is a living example of the dangers
that surround the lives of West Virginia's law-enforcement
officers; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Trooper R. J. "Bobby"
Elswick who was seriously wounded in the line of duty; and, be it
Further Resolved, That the Senate hereby commends Trooper
Elswick on his determination to endure the tedious physical and
speech therapy in order to rebuild his life; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Trooper R. J. "Bobby" Elswick.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Harrison, Sprouse, McCabe and Rowe offered the
following resolution:
Senate Resolution No. 30--
Congratulating the Sissonville High
School girls' softball team and girls' soccer team.
Whereas, The Sissonville High School girls' softball team had
an exceptional season which earned it the opportunity to
participate in the 2002 Class AA championship playoffs; and
Whereas, The Sissonville High School girls' softball team won
the 2002 Class AA championship; and
Whereas, The coaching staff, consisting of Annette Olenchick,
Eddie Fisher, PeeWee Bowen and Aannette Olenchick, along with
managers Gloria Li and Bethany Gibson, is commended for its
outstanding leadership ability; and
Whereas, The players on the Sissonville High School girls'
softball team, including Bethany Britton, Lindsay Casdorph, Shana
Cowley, Sara Dickens, Brittany Edens, Sue Fisher, Mary Fowler,
Tiffany Godbey, Savanna Hackney, Amy Holmes, Rachel Kendall,
Rebekah Kendall, Ashley Kessel, Andrea Lewis, Megan McFarland, Syvanna Patterson, Nikki Rogers, Nikki Snuffers and Myranda
Toothman, are commended for their outstanding athletic ability,
team spirit and sportsmanship; and
Whereas, The Sissonville High School girls' soccer team had an
exceptional season which earned it the opportunity to participate
in the 2002 championship playoffs; and
Whereas, The Sissonville High School girls' soccer team won
the 2002 West Virginia Girls' Soccer Championship; and
Whereas, Coaches David Kister and Ali Sadeghian are to be
commended for their outstanding leadership ability; and
Whereas, The players on the Sissonville High School girls
soccer team, including Mary Miller, Caitlin Yahr, Tara Holmes,
Cassie Shamblin, Samantha Legg, Rachel Kendall, Rebekah Kendall,
Tracy Fabian, Andie Harper, Kelsey Herholdt, Brittany Myers, Karen
Kersey, Alethea Kister, Kendra Flowers, Summer Henson, Emily
Facemyer, Jennifer Povick, Lori Kersey, Ashley Radcliffe and
Christina Kessell, are commended for their outstanding athletic
ability, team spirit and sportsmanship; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Sissonville High
School girls' softball team and girls' soccer team; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the coaches and each team member of
the Sissonville High School girls' softball team and girls' soccer team.
At the request of Senator Harrison, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened.
On motion of Senator Chafin, the Senate recessed for five
minutes to permit Master Sergeant Kevin Carter to address the
Senate and to present a United States Flag and a certificate of
authenticity to Senator Bailey on behalf of the West Virginia
National Guard and the West Virginia Air National Guard.
Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.
A message from The Clerk of the House of Delegates announced
that that body had receded in part from its amendments to, and the
passage as amended by deletion with its House of Delegates amended
title, to take effect from passage, and requested the concurrence
of the Senate in the House of Delegates amendments, as now amended,
as to
Eng. Senate Bill No. 112, Allowing farm wineries to
manufacture, serve and sell certain wines.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The Clerk reported that the House of Delegates had receded
from its amendments, as follows:
On pages two through five, by striking out all of section
three;
On page two, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That section five-a, article one, chapter sixty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; that section two, article six of said
chapter be amended and reenacted; and that section two, article
eight of said chapter be amended and reenacted, all to read as
follows:;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 112--A Bill to amend and reenact section
five-a, article one, chapter sixty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; to amend and
reenact section two, article six of said chapter; and to amend and
reenact section two, article eight of said chapter, all relating
generally to beverages containing alcohol; allowing farm wineries
to produce wine from other agricultural products containing sugar;
allowing farm wineries to manufacture, serve and sell dessert, port, sherry and Madeira wines; and excluding dessert wine produced
by farm wineries from the definition of fortified wine.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments, as amended.
Engrossed Senate Bill No. 112, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 112) passed with its House of Delegates amended 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, Guills,
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)--34.
The nays were: None.
Absent: None.
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.
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. Com. Sub. for House Bill No. 2615, Authorizing the
department of military affairs and public safety to promulgate
legislative rules.
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, of
Eng. House Bill No. 2891, Repealing the requirement that the
tax commissioner annually report the amount of gasoline and special
fuel tax collected in each county.
A message from The Clerk of the House of Delegates announced
that that body had agreed to the changed effective date to take
effect from passage, of
Eng. Com. Sub. for House Bill No. 2965, Authorizing the division of corrections and the state fire marshal to retire,
transfer or dispose of canines used within these departments.
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, of
Eng. Com. Sub. for House Bill No. 3014, Relating generally to
"Main Street Fairness Act of 2003".
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. 48--Requesting the Joint
Committee on Government and Finance to conduct a study on the
condition of the mental health plan in West Virginia in regards to
the organization and availability of services offered and the types
of services needed.
Whereas, The Mental Health Plan, the State Health Plan, the
(Behavioral) Health Criteria for Performance Excellence, Healthy
People 2010, as well as other goal-setting recommendation plans,
each contains some discussion of the topic of mental health, the
degree of which depends on the particular document; and
Whereas, According to the Department of Health and Human
Resources, over four hundred juveniles are in out-of-state care
facilities at any given time, for a total cost of more than $22
million per year in out-of-state expenditures, due to a lack of adequate care systems within the state; and
Whereas, In over one hundred of the aforementioned instances,
parents must sign custody of their children over to the state in
order for the child to qualify for funding to cover the cost of
treatment; and
Whereas, The appropriate treatment of juveniles with serious
emotional disturbances and their families requires a collaborative
state effort from multiple agencies, including, but not limited to,
the West Virginia Department of Health and Human Resources, the
Bureau of Behavioral Health and Health Facilities, the Bureau of
Children and Families, the Department of Education and the Division
of Juvenile Services; and
Whereas, Community-based mental health care creates an
environment of stability for those afflicted with mental health
problems who receive family-based treatment in their communities of
residence; and
Whereas, Federal Comprehensive Community Mental Health
Services grants are available to develop comprehensive, community-
based systems of care for youth with serious emotional disturbances
and their families, but may only be applied to in-state treatment;
and
Whereas, The Legislature should explore the possibilities of
developing a comprehensive multiagency mental health plan in the
State of West Virginia, identify the core services needed in West Virginia communities to provide adequate care to its residents and
address the development of community-based treatment options and
financial assistance opportunities available to avoid out-of-state
placements; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the condition of the mental health plan of the
State of West Virginia in regards to the organization and
availability of services offered and the types of services needed;
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.
Referred to the Committee on Rules.
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. 71--Requesting the West Virginia Division of Highways to name the bridge connecting U. S.
Route 60 East and Peyton Street in Barboursville, Cabell County,
West Virginia, "Specialist/4 James G. Berry Memorial Bridge".
Whereas, James G. Berry was born on August 6, 1945, in
Huntington, Cabell County, West Virginia, and attended school in
Barboursville; and
Whereas, James G. Berry was killed October 10, 1965, in action
in Vietnam while on a search and destroy operation when the vehicle
in which he was riding was destroyed by an electrically detonated
mine south of Ben Cat, Republic of Vietnam. Two other members of
his unit were also killed in this incident; and
Whereas, James G. Berry was serving his second tour of duty in
Vietnam, having enlisted in the Army on August 16, 1963. He had
been on Okinawa since February, 1964, and was in the 173rd Airborne
Division. He was a Specialist/4 who was awarded the Purple Heart
posthumously; and
Whereas, James G. Berry gave his young life in the service of
his country on a battlefield in a country far away, the supreme
sacrifice for the cause of freedom; and
Whereas, The life of James G. Berry should not go unnoticed;
therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature request the West Virginia
Division of Highways to name the bridge connecting U. S. Route 60 East and Peyton Street in Barboursville, Cabell County, West
Virginia, "Specialist/4 James G. Berry Memorial Bridge"; 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 is hereby
directed to forward a copy of this resolution to the Commissioner
of the Division of Highways and to the surviving family of James G.
Berry.
Referred to the Committee on Transportation.
The Senate proceeded to the fourth order of business.
Senator Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Concurrent Resolution No. 55 (originating in the
Committee on Agriculture)--
Requesting the Joint Committee on
Government and Finance study the enormous benefits and
potentialities of aquaculture for the future of West Virginia.
Whereas, Aquaculture is the cultivation of the natural produce
of water, especially fish, and is already an ongoing commercial
business in West Virginia which could be improved to provide even
more career opportunities; and
Whereas, The study of aquaculture is already being taught in
at least 30 high schools and in one four-year college program in the state, impacting significantly upon the future of the state by
keeping our children in West Virginia; and
Whereas, Aquaculture could be a ready source of economic
development in the state since the facilities are not portable and
start-up costs can be minimal; and
Whereas, Aquaculture supports recreation and tourism in the
state and is an environmentally friendly endeavor, whereby water
put through fish farms is enriched and then used to irrigate fields
and crops; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the enormous benefits and potentialities of
aquaculture for the future of West Virginia
; 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.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Larry J. Edgell,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2118, Adjusting the retirement benefits
for all members of the West Virginia state police retirement
system.
And has amended same.
And,
Eng. House Bill No. 2797, Authorizing the DMV to reimburse
members of the motor vehicle dealer advisory board and the
motorcycle safety awareness board for necessary expenses.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bills (Eng. H. B. Nos. 2118 and 2797) contained in the
preceding report from the Committee on Finance were each taken up
for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2239, Requiring foreign
collection agencies to obtain a certificate of authority from the
secretary of state.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2239) 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 Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2240, Allowing persons
purchasing or renewing hunting or fishing licenses to donate to the
"hunters helping the hungry program".
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 3, 2003;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Eng. House Bill No. 2285, Requiring hunting and fishing
licensees to carry proof of identity and other applicable
documents.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
John Pat Fanning,
Chair.
At the request of Senator Fanning, unanimous consent being
granted, the bill (Eng. H. B. No. 2285) contained in the preceding
report from the Committee on Natural Resources was taken up for
immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2480, Increasing the amount
of penalties the commissioner of banking may obtain and allowing
the commissioner to expend funds to promote consumer awareness of
issues related to residential mortgage lending.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 4, 2003;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 2554, Continuing the marketing and
development division of the department of agriculture.
Eng. House Bill No. 2555, Continuing the West Virginia's
membership in the southern regional education compact.
Eng. House Bill No. 2750, Continuing the office of health facility licensure and certification.
Eng. House Bill No. 2751, Continuing the department of health
and human resources.
Eng. House Bill No. 2752, Continuing the bureau for senior
services.
Eng. House Bill No. 2779, Continuing the personal assistance
services program.
And,
Eng. House Bill No. 2879, Continuing the West Virginia
commission on holocaust education.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Edwin J Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bills (Eng. H. B. Nos. 2554, 2555, 2750, 2751, 2752,
2779 and 2879) contained in the preceding report from the Committee
on Government Organization were each taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2702, Eliminating the examination assessment fee on risk retention groups.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 3, 2003;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2748, Preventing mail order or internet
sales of tobacco products to persons under eighteen years of age.
With amendments from the Committee on Health and Human
Resources pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 4, 2003;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Health and Human Resources to
which the bill was first referred; and as last amended by the
Committee on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2753, Prohibiting
participation in animal fighting ventures and making violations a
felony.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2753) 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 Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2760, Authorizing motor
carrier inspectors designated by the PSC to enforce all traffic laws and rules of the road with respect to commercial motor
vehicles.
Eng. House Bill No. 2802, Providing for a legal description in
deeds creating an easement right-of-way.
And,
Eng. Com. Sub. for House Bill No. 3155, Maintaining the
security and confidentiality of business processes.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 2760, Eng. H. B.
No. 2802 and Eng. Com. Sub. for H. B. No. 3155) contained in the
preceding report from the Committee on the Judiciary were each
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2764, Defining the content of subpoenas
that may be issued by the insurance commissioner.
With an amendment from the Committee on Banking and Insurance pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 4, 2003;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Banking and Insurance to which
the bill was first referred; and as last amended by the Committee
on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2835, Creating a special
revenue fund for receipt of gifts, donations, etc., to support the
operation of veterans facilities created by statute.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2835) contained in the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Sharpe, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Eng. Com. Sub. for House Bill No. 2881, Striking the provision
requiring that post mining water discharges have to be better to or
equal to pre-mining water discharge.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
At the request of Senator Sharpe, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2881) contained in
the preceding report from the Committee on Energy, Industry and
Mining was taken up for immediate consideration, read a first time
and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2915, Authorizing continued payment of Class VI rate of compensation to the prosecuting attorney of Wetzel
County.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2915) 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 Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 3009, Excluding certain records from the
freedom of information act that are collected in the interest of
homeland security by governmental bodies.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 3009) 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 Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 3203, Relating to amusement ride safety.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 3203) 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 Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
House Concurrent Resolution No. 42, Requesting the United
States Congress to enact and fully fund navigation needs on our
Nation's rivers.
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
Respectfully submitted,
John Pat Fanning,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2414, Relating to
thoroughbred breeders association.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 2865, Upgrading the criminal
offense of damaging or destroying real or personal property owned
by a railroad company or public utility.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 2414 and 2865)
contained in the preceding report from the Committee on the
Judiciary were each taken up for immediate consideration, read a
first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2477, Permitting residents
of nursing homes and similar facilities to retain the homestead
exemption and Class II property designation.
With an amendment from the Committee on the Judiciary pending;
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 3, 2003;
And reports the same back with the recommendation that it do
pass as amended by the Committee on the Judiciary to which the bill
was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2705, Relating to the
supervision of adult offenders and authorizing a compact for the
supervision of adult offenders.
Eng. Com. Sub. for House Bill No. 2814, Increasing the
misdemeanor penalties for failure to yield the right-of-way.
And,
Eng. House Bill No. 3201, Allowing the family court to
exercise jurisdiction concurrently with the circuit court over
petitions for a change of name.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 2705, Eng. Com.
Sub. for H. B. No. 2814 and Eng. H. B. No. 3201) contained in the
preceding report from the Committee on the Judiciary were each
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2799, Relating to the West
Virginia state police and the reemployment of recently retired
troopers.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 4, 2003;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2878, Allowing certain municipalities
providing advanced life support ambulance services to examine,
train and employ fire medics.
With amendments from the Committee on Government Organization
pending;
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 5, 2003;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Government Organization to
which the bill was first referred.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2975, Providing a window for persons who
were members of PERS and who left state employment withdrawing
their PERS moneys to buy back their time with interest.
With an amendment from the Committee on Pensions pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as amended by the Committee on Pensions to which the bill was
first referred; and as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 2975) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 3011, Relating to authority of the state
fire commission to promulgate legislative and emergency rules.
With amendments from the Committee on Government Organization
pending;
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 5, 2003;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Government Organization to
which the bill was first referred.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 3084, Restructuring the support
enforcement commission in the areas of membership, duties and
powers.
With an amendment from the Committee on Government
Organization pending;
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 5, 2003;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Government Organization to which the bill was first referred.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate again proceeded to the sixth order of business.
Senator Guills presented a petition from Doug Johnson and
numerous West Virginia residents, requesting the Legislature to
restore public transit funds and determine a dedicated funding
source to support public transit.
Referred to the Committee on Finance.
Senator Guills presented a petition from Rosa Lee Keeling and
numerous Monroe County residents, requesting one third of state
lottery moneys to fund senior programs over the next three years.
Referred to the Committee on Finance.
Senator Chafin then announced that in the meeting of the
Committee on Rules previously held, the committee, in accordance
with rule number seventeen of the Rules of the Senate, had returned
to the Senate calendar, on first reading, Engrossed House Bill No.
2961.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolutions No. 51, Requesting Joint
Committee on Government and Finance study flooding in southern West
Virginia.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolutions No. 52, Amending Joint Rule No.
5 relating to bill processing dates.
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. Com. Sub. for Senate Bill No. 456, Relating to
construction financing for surface transportation improvements;
federal grants.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
Eng. Senate Bill No. 661, Making supplementary appropriation
of federal funds to department of health and human resources,
division of health, maternal and child health.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 661) 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, Guills,
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)--34.
The nays were: None.
Absent: None.
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. 661) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 2110, Declaring that lawful design, marketing, manufacture or sale of firearms or ammunition to the
public is not an unreasonably dangerous activity.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2110) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2190, Permitting certain
farm vehicles to use the highways between sunset and sunrise.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2190) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2406, Immunity from civil
liability for members of a national ski patrol system.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: Rowe--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2406) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2441, Increasing the minimum subscribed
capital stock and capital surplus for new bank charter
applications.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2441) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2443, Relating to the
assessment of banking institutions.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2443) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2534, Eliminating the property value limit
on the application of the 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,
Guills, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2534) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2694, Protecting the
beekeeping industry.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2694) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2714, Relating to the
donation of firefighting and fire rescue equipment and insurance
policies dealing with immunity coverage provisions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2714) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2771, Repealing exemptions from gasoline
and special fuels excise tax for bulk sales to interstate motor
carriers.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Wednesday, March 5, 2003, for
amendments to be received on third reading, was reported by the Clerk.
On motions of Senators Chafin and Fanning, the following
amendment to the bill was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That section five-a, article fourteen, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; and that section three of said article be
amended and reenacted, to read as follows:
ARTICLE 14. GASOLINE AND SPECIAL FUEL EXCISE TAX.
§11-14-3. Imposition of tax.
There is hereby levied an excise tax of fifteen and one-half
cents per gallon on all gasoline or special fuel, which tax shall
be computed in accordance with the appropriate measure of tax as
hereinafter prescribed in this article: Provided, That beginning
the first day of May, one thousand nine hundred ninety-three, the
tax levied by this article shall be twenty and one-half cents per
gallon: Provided, however, That on and after the first day of
August, two thousand seven, the tax levied by this article shall be
fifteen and one-half cents per gallon: Provided further, That on
and after the first day of July, two thousand three, the tax levied
by this section shall be five cents less per gallon than the excise
tax otherwise levied herein on gasoline or special fuel on sales by
a retail dealer from a retail gas pump situated within a five-mile linear radius from any border of the state of West Virginia and
certified by the tax commissioner as situated within the five-mile
linear radius.
Beginning on the fifteenth day of January, two thousand three,
and every fifteenth day of January thereafter, the tax commissioner
shall submit to the Legislature an annual report identifying the
amount of revenue collected from the imposition of the tax imposed
by this section in each county of this state via sales at each
individual retail gas pump during the preceding fiscal year.
Notwithstanding any provision of this code to the contrary, all
information individually made available to the tax commissioner by
a taxpayer that is utilized in the preparation of the report to the
Legislature required by this section is confidential and may not be
disclosed to any person in any manner inconsistent with any law of
this state protecting the confidentiality of taxpayer returns filed
pursuant to this article.
Having been engrossed, the bill (Eng. H. B. No. 2771) was read
a third time and put upon its passage.
Pending discussion,
Senator Sharpe then moved that the bill (Eng. H. B. No. 2771)
be rereferred to the Committee on Finance.
The result of the voice vote being inconclusive, Senator
Sharpe demanded a division of the vote.
A standing vote being taken, there were twelve "yeas" and twenty "nays".
Whereupon, the President declared Senator Sharpe's motion had
not prevailed.
The question now being "Shall Engrossed House Bill No. 2771
pass?"
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2771) passed.
On motion of Senator Chafin, the following amendment to the
title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. House Bill No. 2771--A Bill to repeal section five-a,
article fourteen, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend and
reenact section three of said article, relating to exemption from gasoline and special fuels excise tax for bulk sales to interstate
motor carriers; and establishing as of the first day of July, two
thousand three, a five cents per gallon less excise tax on sales of
gasoline or special fuel by a retail dealer from a retail gas pump
within a five-mile linear radius of any border of the state of West
Virginia.
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, Guills,
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)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2771) 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 House Bill No. 2948, Giving consumers
greater opportunity to successfully obtain discontinuation of
foreclosure sales and other efforts to repossess property.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2948) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 3016, Allowing the department of health
and human resources to retain adult protective service records for
thirty years.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3016) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 3018, Changing the amount of time that the
department of health and human resources must retain child
protective services' records.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3018) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 3088, Authorizing the insurance
commissioner to require nonresident excess line brokers to remit
the surcharge on fire and casualty insurance policies.
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. House Bill No. 3095, Authorizing the tax commissioner to
disclose to the treasurer certain information that would facilitate
locating the owners of uncashed and unclaimed income tax refund
checks.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3095) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 3104, Providing for commercial work orders
for vehicle and equipment repair, establishing criteria for
commercial vehicle and equipment repair vendors and requiring a
cost effectiveness analysis for issuing commercial work orders.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3104) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate recessed until 5:30
p.m. today.