WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

SEVENTH DAY

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Charleston, W. Va., Tuesday, January 20, 2004

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

     Prayer was offered by the Honorable Larry L. Rowe, a senator from the seventeenth district.
     Pending the reading of the Journal of Monday, January 19, 2004,
     On motion of Senator Jenkins, 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 Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     Senate Bill No. 10, Extending time for study of orphan roads and bridges.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     Senate Bill No. 130, Authorizing special license plates for Knights of Pythias and Pythian Sisters; eliminating annual fee for 9/11 plates.
     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 Finance.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
     The bill, 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. 190,
Relating to filing fee for certain United States candidates.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     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.
     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.
     On motions for leave, severally made, the following bills and joint resolutions were introduced, read by their titles, and referred to the appropriate committees:
     By Senators Tomblin (Mr. President), Chafin, McCabe, Facemyer, Rowe, White, Unger, Fanning, Ross, Dempsey, Sharpe, Caldwell, Edgell, Plymale, Snyder and Jenkins:
     Senate Bill No. 221
--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-2D-1, §17-2D-2, §17-2D-3, §17-2D-4, §17-2D-5, §17-2D-6, §17-2D-7, §17-2D-8, §17-2D-9, §17-2D-10, §17-2D-11, §17-2D-12, §17-2D-13, §17-2D-14, §17-2D-15, §17-2D-16, §17-2D-17, §17-2D-18, §17-2D-19 and §17-2D-20, all relating to establishment of the public-private transportation act of two thousand four; setting forth legislative findings and purposes; setting forth definitions; providing prerequisites for development of a transportation facility; providing for the creation of a public-private transportation oversight committee and its membership; setting forth the powers and duties of the committee; providing for the submission of proposals and approval by the committee; providing for service contracts; providing for the dedication of public property; setting forth the powers and duties of a developer; requiring a comprehensive agreement; providing for federal, state and local assistance; addressing material default and remedies; prohibiting governmental entities from pledging full faith and credit; providing for the exercise of condemnation; addressing utility crossings; addressing dedication of assets; providing for an exemption from purchasing rules; addressing severability; qualifying transportation facilities as public improvements; setting forth a termination date; and addressing construction.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senator Hunter:
     Senate Bill No. 222
--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §50-6-4, relating to requiring judgment debtors to make monthly reports to magistrate court concerning whether the judgment debt is being paid or has been wholly satisfied.
     Referred to the Committee on the Judiciary.
     By Senators Hunter, Ross, Minard, Rowe, Caldwell, Unger and Snyder:
     Senate Bill No. 223
--A Bill to amend and reenact §46A-6A-2 of the code of West Virginia, 1931, as amended, relating to consumer protection and new motor vehicle warranties; and changing the definition of passenger "motor vehicle" to include vehicles weighing over eight thousand pounds.
     Referred to the Committee on the Judiciary.
     By Senators Hunter, Minard, Rowe, Caldwell, Love, Unger, Snyder, McCabe and White:
     Senate Bill No. 224
--A Bill to amend and reenact §49-6E-5 of the code of West Virginia, 1931, as amended, relating to correcting an erroneous reference to an article concerning adoption of an abandoned child.
     Referred to the Committee on the Judiciary.
     By Senators Unger, Caldwell, Hunter, Rowe, Prezioso, Dempsey, Love, Kessler, McKenzie and Sharpe:
     Senate Bill No. 225
--A Bill to amend and reenact §15-2-5 of the code of West Virginia, 1931, as amended, relating to an increase in the annual base salary of all sworn state police personnel by eighteen percent effective on the first day of July, two thousand four.
     Referred to the Committee on Finance.
     By Senator Rowe:
     Senate Bill No. 226
--A Bill to amend and reenact §17B-1-1 of the code of West Virginia, 1931, as amended; to amend and reenact §17B-3-9 of said code; to amend and reenact §17B-4-3 of said code; to amend said code by adding thereto a new section, designated §17C-1-67; to amend and reenact §17C-5-2, §17C-5-6a and §17C-5-8 of said code; to amend and reenact §17C-5A-1, §17C-5A-1a, §17C-5A-2, §17C-5A-2a and §17C-5A-3a of said code; to amend and reenact §20-7-18 and §20-7-18b of said code; and to amend and reenact §33-6A-1 of said code, all relating to driving or operating a motorboat or other vessel under the influence of alcohol, controlled substances or drugs; reducing the allowable blood alcohol content for driving under the influence from ten hundredths to eight hundredths of one percent of body weight; increasing reinstatement and hearing docket fees; defining the term "conviction"; requiring the prosecuting attorney to submit in writing a statement for the record if an inquiry has been made into any prior convictions and if any prior convictions are found, requiring the statement to identify the court entering the order of the previous conviction and its date and the court action number for each previous offense; increasing penalties; and mandatory participation in the motor vehicle alcohol test and lock program for repeat offenders.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Bowman:
     Senate Bill No. 227
--A Bill to amend and reenact §18-10L-3 of the code of West Virginia, 1931, as amended, relating to clarifying certain statutory terms related to the Ron Yost personal assistance services act.
     Referred to the Committee on Health and Human Resources.
     By Senators Rowe, White, McCabe, Caldwell, Fanning, Hunter, Unger, Jenkins and Minard:
     Senate Bill No. 228
--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, §5B-2E-5, §5B-2E-6, §5B-2E-7, §5B-2E-8 and §5B-2E-9; and to amend said code by adding thereto a new section, designated §11-15-34, all relating to the West Virginia tourism destination economic development act; prescribing additional duties for the state development office; setting forth additional powers of the state development office; defining certain terms related to tourism destination development; setting forth legislative findings; providing for evaluation standards; providing for certain procedures in processing tourism destination development project applications; providing for consultation services related to project applications; providing the state development office and the council for community and economic development with authority to approve tourism destination development projects; creating a tourism destination development advisory board; providing for an effective and termination date; and providing tourism destination development project refund of the state sales tax.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senators Jenkins, Plymale and Facemyer:
     Senate Bill No. 229
--A Bill to amend and reenact sections 1, 2 and 3, chapter 232, acts of the Legislature, regular session, 1997, all relating to expanding the counties covered by West Virginia route 2 and interstate 68 authority to include Cabell, Mason and Jackson counties; and increasing the number of members.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Plymale, McCabe, Jenkins, Caldwell, Fanning, Snyder and Rowe:
     Senate Bill No. 230
--A Bill to amend and reenact §33-1-10 of the code of West Virginia, 1931, as amended; and to amend and reenact §33-3-14 of said code, all relating to insurance generally; defining the term "federal flood insurance"; diverting taxes collected on federal flood insurance policies to a special revenue fund in the state treasury for transfer to the office of emergency services for enhancing flood plain management; and adding technical staff and subgrants to local government units and eligible entities.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Plymale, McCabe, Jenkins, Rowe and White:
     Senate Bill No. 231
--A Bill to amend and reenact §7-1-3v of the code of West Virginia, 1931, as amended, relating to county commissions generally; permitting county commissions to create a flood plain enforcement agency to enforce building codes as are necessary to comply with the requirements of the National Flood Insurance Act; and including county commission-identified flood plain areas as areas within a county commission's building regulation and enforcement authority.
     Referred to the Committee on Government Organization.
     By Senator Unger:
     Senate Bill No. 232
--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6K-1 and §46A-6K-2, all relating to requiring disclosure of known defects by sellers of real property; limiting liability of real estate agents; and providing criminal penalties.
     Referred to the Committee on the Judiciary.
     By Senators Unger, Hunter, Snyder, Weeks, Harrison and Smith:
     Senate Bill No. 233
--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-7-4b; and to amend and reenact §60-7-5 of said code, all relating to requiring a public hearing prior to the issuance of an initial license for a private club or upon the transfer of a license to a private club at a new location.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Facemyer:
     Senate Bill No. 234
--A Bill to amend and reenact §44-10-2, §44-10-3, §44-10-4, §44-10-6, §44-10-8 and §44-10-9 of the code of West Virginia, 1931, as amended, all relating to modifying procedures allowing appointment of guardians for minor children; and transferring duty of appointment from county commissions to circuit courts except where parents agree to the appointment or where parent make appointment by last will and testament.
     Referred to the Committee on the Judiciary.
     By Senators Hunter, Caldwell and Love:
     Senate Bill No. 235
--A Bill to amend and reenact §17C-3-5 of the code of West Virginia, 1931, as amended, relating to providing that drivers of motor vehicles may, during certain times, treat red lights as stop signs.
     Referred to the Committee on Transportation.
     By Senators Caldwell, Dempsey, Rowe, Hunter and White:
     Senate Bill No. 236
--A Bill to amend and reenact §18-5-18a of the code of West Virginia, 1931, as amended, relating to limiting the total number of students a teacher is required to teach.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Jenkins, Ross and Plymale:
     Senate Bill No. 237
--A Bill to amend and reenact §11A-1-7 of the code of West Virginia, 1931, as amended; and to amend and reenact §11A-3-20 of said code, all relating to real and personal property taxes; sheriff's tax on 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.
     By Senators Jenkins and Plymale:
     Senate Bill No. 238
--A Bill to amend and reenact §33-3-33 of the code of West Virginia, 1931, as amended, relating to increasing the surcharge on fire and casualty insurance by one percent to benefit municipal police and firefighter retirement funds.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Facemyer, Smith and Deem:
     Senate Bill No. 239
--
A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-11d, relating to requiring itemized statements of services rendered to medicaid recipients; directing the department of health and human resources to prescribe forms for itemized statements; and providing for verification of the accuracy of same or investigation by the department of health and human resources into discrepancies.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senators Facemyer and Smith:
     Senate Joint Resolution No. 4
--Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section 57, relating to dedicating one percent of general revenue to the division of natural resources to be used to fund activities intended to promote and preserve the state's wildlife resources and to fund law-enforcement activities involving the division of natural resources; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
     Referred to the Committee on Finance.
     By Senators Sharpe, Ross, Boley, Facemyer, Minear, Fanning, Caldwell, Dempsey, Love, Minard and Weeks:
     Senate Joint Resolution No. 5
--Proposing an amendment to the Constitution of the State of West Virginia, amending section 51, article VI thereof, relating to the judiciary; budget and supplementary appropriation bills; authority of the Legislature to increase or diminish the judiciary budget; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
     Referred to the Committee on Finance.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 5, Requesting Joint Committee on Government and Finance study requiring certain insurance carriers to provide credit counseling.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 7, Requesting Joint Committee on Government and Finance study expanding appeal of Tamarack in eastern United States.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 8, Requesting Joint Committee on Government and Finance study protecting health and safety of student athletes.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 9, Requesting Joint Committee on Government and Finance study converting Teachers Defined Contribution Retirement System to defined benefit retirement system.
     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 ninth order of business.
     Senate Bill No. 196, Allowing activities on school instructional support and enhancement days to occur in any order.
     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 eleventh order of business and the introduction of guests.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, January 21, 2004, at 11 a.m.
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