WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

SECOND DAY

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Charleston, W. Va., Thursday, January 15, 2004

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

     Prayer was offered by the Reverend Father Timothy Grassi, Sacred Heart Co-Cathedral, Charleston, West Virginia.
     Pending the reading of the Journal of Wednesday, January 14, 2004,
     On motion of Senator White, the Journal was approved and the further reading thereof dispensed with.
     The following communication was reported by the Clerk:
THE SENATE OF WEST VIRGINIA

OFFICE OF THE PRESIDENT

CHARLESTON

January 14, 2004

The Honorable Darrell E. Holmes
Clerk, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. Clerk:
     I am this date appointing Howard L. Wellman of Route 5, Box 440, Bluefield, West Virginia, as Acting Sergeant at Arms of the Senate.
     This appointment fills the vacancy created by the death of Tony DeRaimo.
                              Respectfully submitted,
                               Earl Ray Tomblin,
                               Senate President.
     Whereupon, Mr. Wellman previously qualified as Sergeant at Arms, by taking the several oaths of office prescribed by law and administered by the Honorable Earl Ray Tomblin, Senate President.
     The Clerk presented a communication from the Board of Barbers and Cosmetologists, submitting its annual report as required by chapter sixteen, article one, section six of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Clerk presented a communication from the Board of Examiners in Counseling, submitting its annual report, in accordance with chapter thirty, article thirty-one, section five of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Clerk presented a communication from the Board of Examiners for Registered Professional Nurses, submitting its annual report as required by chapter thirty, article twenty-four, section seven of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Clerk presented a communication from the Board of Medicine, submitting its annual report, in accordance with chapter thirty, article three, section seven of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Clerk presented a communication from the Department of Health and Human Resources, submitting its annual long-term care report as required by chapter sixteen, article five-c, section three of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Clerk presented a communication from the Division of Banking, submitting its annual consumer affairs report, in accordance with chapter forty-six-a, article seven, section one hundred two of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Clerk presented a communication from the Division of Juvenile Services, submitting its annual report as required by chapter forty-nine, article five, section thirteen-e of the code of
West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Clerk presented a communication from the Division of Natural Resources, submitting its annual report, in accordance with chapter twenty, article one, section seven of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Clerk presented a communication from the Family Protection Services Board, submitting its annual report as required by chapter forty-eight, article twenty-six, section four hundred one of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Clerk presented a communication from the Motorcycle Safety Awareness Board, submitting its annual report, in accordance with chapter seventeen-b, article one-d, section eight of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Clerk presented a communication from the Radiologic Technology Board of Examiners, submitting its annual report as required by chapter thirty, article one, section twelve of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Clerk presented a communication from the Water Development Authority, submitting its annual report, in accordance with chapter twenty-two-c, article one, section seventeen of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Board of Dental Examiners, submitting its annual report as required by chapter thirty, article twenty-four, section seven of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Board of Examiners for Licensed Practical Nurses, submitting its annual report, in accordance with chapter thirty, article twenty-four, section seven of the code of West Virginia.
     Which report was received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Bureau of Senior Services, submitting its annual report as required by chapter sixteen, article five-p, section fourteen of the code of West Virginia.
     Which report was received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Children's Health Insurance Program, submitting its annual report, in accordance with chapter five, article sixteen-b, section three of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Department of Agriculture, submitting its annual Interstate Pest Control Compact report as required by chapter nineteen, article twelve-b, section one of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Department of Health and Human Resources, submitting its annual cancer registry report, in accordance with chapter sixteen, article thirty-three, section six of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Department of Tax and Revenue, submitting its quarterly report summarizing closing agreements as required by chapter eleven, article ten, section five-q of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Development Office, submitting its annual Neighborhood Investment Program report, in accordance with chapter eleven, article thirteen-j, section four-a of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Division of Criminal Justice Services, submitting its report on criminal sentencing practices for adult offenders as required by chapter fifteen, article nine, section four of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Division of Personnel, submitting its annual report, in accordance with chapter twenty-nine, article six, section seven of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Economic Development Authority, submitting its annual report as required by chapter thirty-one, article fifteen, section twenty- nine of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented communications from the Ron Yost Personal Assistance Services Program, submitting its annual reports, in accordance with chapter eighteen, article ten-l, section seven of the code of West Virginia.
     Which communications and reports were received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Solid Waste Management Board, submitting its annual report as required by chapter twenty-two-c, article three, section seventeen of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
     By Senator Facemyer:
     
Senate Bill No. 170--A Bill to amend and reenact §16-9A-3 of the code of West Virginia, 1931, as amended, relating to increasing the penalties for use or possession of tobacco or tobacco products by a person under eighteen years of age; increasing fines and community service requirements; and providing, upon a second offense, for revocation of the person's junior or graduated driver's license until eighteen years of age or, if the person does not yet have a driver's license, the person is ineligible to apply for any type of driver's license until eighteen years of age.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Rowe:
     
Senate Bill No. 171--A Bill to amend and reenact §44-1-1 of the code of West Virginia, 1931, as amended, relating to estates generally; and eliminating the requirement that a representative appear in person before the clerk of the county commission in order to be named administrator.
     Referred to the Committee on the Judiciary.
     By Senators Rowe, Caldwell and Minard:
     
Senate Bill No. 172--A Bill to amend and reenact §8-12-5 of the code of West Virginia, 1931, as amended, relating to authorizing municipalities to establish quiet zones in residential areas with guarded railroad crossings.
     Referred to the Committee on the Judiciary.
     By Senators Rowe and Caldwell:
     
Senate Bill No. 173--A Bill to amend and reenact §17E-1-12 of the code of West Virginia, 1931, as amended, relating to authorizing a disabled commercial licensed driver to have a personal driving permit for up to five years without loss of status as a commercial licensed driver.
     Referred to the Committee on Transportation; and then to the Committee on Finance.
     By Senators Rowe and Weeks:
     
Senate Bill No. 174--A Bill to amend and reenact §5A-3-15 of the code of West Virginia, 1931, as amended, relating to providing that the purchasing division of the department of administration has regulatory authority over purchases and sales for flood and other emergency relief.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Oliverio, Unger, Hunter, Caldwell, Rowe, Prezioso, Kessler, McKenzie, Fanning, Minard and Sprouse:
     
Senate Bill No. 175--A Bill to amend and reenact §15-2A-9 and §15-2A-12 of the code of West Virginia, 1931, as amended, all relating to the state police retirement system; and enhancing benefits for service-related disability or death of members.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     Senator Snyder offered the following resolution:
     Senate Concurrent Resolution No. 4--Requesting the Secretary of the Department of Administration maintain a permanent display of the history of the construction of the capitol building in the first floor rotunda as a monument to the capitol building and its complex.
     Whereas, There are numerous documents, design plans, blueprints, photographs, models and other items in the archives of the state capitol which are representative of, and a chronology and living history of, the various stages of construction and growth of the state capitol building and its expanded complex; and
     Whereas, A permanent display of these items and artifacts will serve as a monument to the capitol building and give recognition to those people who participated in the planning and construction of this magnificent edifice; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Secretary of the Department of Administration to maintain a permanent display of the history of the construction of the capitol building in the first floor rotunda as a monument to the capitol building and its complex; and, be it
     Further Resolved, That the Legislature hereby requests the Secretary of the Department of Administration to consult with the Commissioner of the Division of Culture and History on the permanent display; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Administration and the Commissioner of the Division of Culture and History.
     At the request of Senator Snyder, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
     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.
Petitions

     Senators Ross and Helmick presented a communication dated May 20, 2003, from the President of the Hampshire County Commission, regarding a petition by at least ten percent of the registered voters of Hampshire County for reformation of county government, in accordance with section thirteen, article IX of the constitution of West Virginia.
     Referred to the Committee on Government Organization.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 1, Requesting Division of Highways name Beckley Harper Road Bridge and Interchange in honor of Lewis N. McManus, former Speaker of the House of Delegates.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation.
     Senate Concurrent Resolution No. 2, Requesting Division of Highways name bridge spanning Cabin Creek and Kanawha County Route 72/3 "Mother Jones Labor Heritage Bridge".
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation.
     Senate Concurrent Resolution No. 3, Requesting Joint Committee on Government and Finance study creating forensic science task force.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     The Senate proceeded to the eleventh order of business and the introduction of guests.
     The Senate then proceeded to the twelfth order of business.
     Remarks were made by Senator Snyder.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, January 16, 2004, at 11 a.m.
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