WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
THIRD DAY
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Charleston, W. Va., Friday, January 16, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Frank Lee, Executive Pastor, Davis Creek
Church of the Nazarene, South Charleston, West Virginia.
Pending the reading of the Journal of Thursday, January 15,
2004,
On motion of Senator Fanning, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the fourth order of business.
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. 166, Reducing allowable blood alcohol content
for DUI.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 166) 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.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Bailey and McKenzie--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 166 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bailey and McKenzie--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 166) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Love, unanimous consent being
granted, the Senate returned to the second order of business and
the introduction of guests.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolution were introduced, read by their titles, and
referred to the appropriate committees:
By Senator Minard:
Senate Bill No. 176--A Bill to amend and reenact §33-3-6 of
the code of West Virginia, 1931, as amended; to amend and reenact
§33-8-1, §33-8-2, §33-8-3, §33-8-4, §33-8-5, §33-8-6, §33-8-7,
§33-8-8, §33-8-9, §33-8-10, §33-8-11, §33-8-12, §33-8-13, §33-8-14,
§33-8-15, §33-8-16, §33-8-17, §33-8-18, §33-8-19, §33-8-20,
§33-8-21, §33-8-22, §33-8-23, §33-8-24 and §33-8-25 of said code;
to amend said code by adding thereto seven new sections, designated
§33-8-26, §33-8-27, §33-8-28, §33-8-29, §33-8-30, §33-8-31 and
§33-8-32; to amend and reenact §33-9-3 of said code; to amend and
reenact §33-22-11 of said code; to amend and reenact §33-23-31 of said code; to amend and reenact §33-24-10 of said code; to amend
and reenact §33-25A-4 of said code; and to amend and reenact
§33-25D-5 of said code, all relating to investments and investment
practices of insurance companies; and correcting references to
amended sections of article eight, chapter thirty-three of said
code.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Facemyer and Bailey:
Senate Bill No. 177--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-1B-4a, relating to requiring the chief technology
officer to maintain a central cross index of forms used by state
agencies; definitions; and additional powers and duties of the
chief technology officer.
Referred to the Committee on Government Organization.
By Senators Minard, McCabe, Caldwell, Rowe, Jenkins and
Minear:
Senate Bill No. 178--A Bill to amend and reenact §46A-7-115 of
the code of West Virginia, 1931, as amended, relating to consumer
credit and protection generally; requiring persons engaged in
making consumer credit sales and certain other consumer-related
activities to register with the commissioner of banking instead of
filing a notification with the tax department; setting forth the
provisions of a registration form; providing for a registration
fee; and exempting certain other organizations and individuals from the registration requirements.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Minard and Sharpe:
Senate Bill No. 179--A Bill to amend and reenact §50-1-9a of
the code of West Virginia, 1931, as amended, relating to increasing
the number of allowable magistrate court deputy clerks; and
designating an additional deputy clerk for Braxton County.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Jenkins and Rowe:
Senate Bill No. 180--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-2E-1, §5B-2E-2, §5B-2E-3, §5B-2E-4 and §5B-2E-5, all
relating to implementing a transportation and economic development
information system at the Nick J. Rahall II, Appalachian
transportation institute; legislative findings; and setting forth
a work plan.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Unger, Kessler, McCabe, Caldwell, Harrison,
Snyder, Oliverio, Ross, Smith, Sprouse, Hunter, Love, Dempsey,
Weeks, White, Fanning, Prezioso, Jenkins, Rowe, Plymale, Bowman,
Edgell, Sharpe, Minear, Minard and Tomblin (Mr. President):
Senate Bill No. 181--A Bill to amend and reenact §15-2-25 of
the code of West Virginia, 1931, as amended, relating to permitting a retired member of the state police to carry a concealed weapon
for the life of the member.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 182--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §60-3A-3a; and to amend said code by adding thereto a
new section, designated §60-7-9, all relating to requiring
employees of licensed private clubs and retail outlets selling
alcoholic beverages to take the techniques for education and
alcohol management (TEAM) course or other similar alcohol awareness
education course provided or approved by the alcohol beverage
control commissioner.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Deem:
Senate Bill No. 183--A Bill to amend and reenact §18B-10-1 of
the code of West Virginia, 1931, as amended, relating to tuition
and fees at institutions of higher education; and authorizing each
higher education governing board to increase fees of students
taking more hours of course work than the number of hours of course
work defined as full time.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Smith and Weeks:
Senate Bill No. 184--
A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §33-42-9, relating to requiring all abortions performed
during the second or third trimester be performed in a hospital;
and providing criminal penalties for violations.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Smith, Weeks and Caldwell:
Senate Bill No. 185--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-42-9, relating to prohibiting the performance of any
abortion when the woman seeking it is doing so solely on account of
the gender of the fetus; and prescribing a criminal penalty for
violations of the section.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Snyder and Caldwell:
Senate Bill No. 186--A Bill to amend and reenact §20-2-11 of
the code of West Virginia, 1931, as amended, relating to the
commercial sale of venison in restaurants or other eating places.
Referred to the Committee on Agriculture.
By Senator Boley:
Senate Bill No. 187--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6 and
§5B-4-7, all relating to the "West Virginia Job Creation Zones Act
of 2004"; providing for certain tax exemptions for qualified new businesses in the twelve counties with the highest rate of
unemployment; and providing other conditions and procedures.
Referred to the Committee on Economic Development; and then to
the Committee on the Judiciary.
By Senators Unger and Snyder:
Senate Bill No. 188--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-1-9c, relating to inspections of individual water
supply systems and individual wastewater systems; defining terms;
providing for certification of inspectors; and requiring the
department of health and human resources to propose legislative
rules related to inspections and certifications.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Weeks and Caldwell:
Senate Bill No. 189--
A Bill to amend and reenact §5A-3-5 of
the code of West Virginia, 1931, as amended, relating to adding the
expected life of product or commodity as factor in standard
specifications for state purchasing contracts.
Referred to the Committee on Government Organization.
By Senators Kessler, Helmick, Unger, Edgell, Prezioso,
Oliverio, Snyder, Bailey, Sharpe, Plymale, McCabe, Ross, Bowman,
Chafin, Caldwell, Dempsey, Hunter, Minard, Rowe and Fanning:
Senate Bill No. 190--A Bill to amend and reenact §3-5-8 of the
code of West Virginia, 1931, as amended, relating to altering the
amount of presidential and vice presidential certificate of announcement filing fees.
Referred to the Committee on the Judiciary.
By Senators Facemyer and Bailey:
Senate Bill No. 191--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §29A-8-1, §29A-8-2, §29A-8-3, §29A-8-4, §29A-8-5,
§29A-8-6 and §29A-8-7, all relating to the creation of the "West
Virginia Regulatory Flexibility Act"; legislative purpose;
definitions; analysis of cost to state filed with legislative
auditor; issuing rules in two or more parts; provisions not to
apply in case of emergency; and requiring agencies to review rules
after enactment of this article.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Sprouse, McKenzie, Smith, Weeks, Minear, Guills
and Facemyer:
Senate Bill No. 192--A Bill to amend and reenact §11-23-6 of
the code of West Virginia, 1931, as amended, relating to the
imposition of the business franchise.
Referred to the Committee on Finance.
By Senators Sprouse, McKenzie, Smith, Weeks, Minear, Guills,
Facemyer, Harrison and Rowe:
Senate Bill No. 193--A Bill to amend and reenact §11-15-9 of
the code of West Virginia, 1931, as amended, relating to consumers
sales tax on food.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 194--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13U-1, §11-13U-2, §11-13U-3, §11-13U-4, §11-13U-5,
§11-13U-6, §11-13U-7, §11-13U-8 and §11-13U-9, all relating to the
high-growth business investment tax credit.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Smith, Weeks and Minear:
Senate Joint Resolution No. 2--Proposing an amendment to the
Constitution of the State of West Virginia, amending article IV
thereof by adding thereto a new section, designated section 57,
relating to providing that the Constitution of West Virginia does
not grant, offer, confer, bestow or imply a right of a woman to an
abortion; numbering and designating such proposed amendment; and
providing a summarized statement of the purpose of such proposed
amendment.
Referred to the Committee on the Judiciary.
Petitions
Senator Hunter presented a petition from Adam J. Cline and
numerous West Virginia residents, requesting the Legislature enact
all-terrain vehicle regulations.
Referred to the Committee on Transportation.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 195 (originating in the Committee on
Education)--A Bill
to amend and reenact §18B-9-5 of the code of
West Virginia, 1931, as amended, relating to the costs of
incremental salary increases for higher education classified
employees.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
On motion of Senator Plymale, the bill (S. B. No. 195)
contained in the foregoing report from the Committee on Education
was then referred to the Committee on Finance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 196 (originating in the Committee on
Education)--A Bill to amend and reenact §18-5-45 of the code of
West Virginia, 1931, as amended, relating to allowing activities on
instructional support and enhancement days to occur in any order.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Bailey and McKenzie.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until
Monday, January 19, 2004, at 11 a.m.
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