WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
NINTH DAY
____________
Charleston, W. Va., Thursday, January 22, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Paul J. Wharton, St.
Anthony's Shrine, Boomer, West Virginia, and Immaculate Conception
Catholic Church, Montgomery, West Virginia.
Pending the reading of the Journal of Wednesday, January 21,
2004,
On motion of Senator Unger, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2268--A Bill to amend and
reenact §18A-2-3 of the code of West Virginia, 1931, as amended;
and to amend and reenact §18C-4-2 of said code, all relating to the
employment of retired teachers in areas of critical need and
shortage; defining area of critical need and shortage; adding
conditions for county board policy to restrict such employment; providing for future expiration of provisions; and providing
priority in selection for Underwood-Smith scholarships for areas of
critical need and shortage.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3052--A Bill to amend and
reenact §51-1-17 of the code of West Virginia, 1931, as amended; to
amend and reenact §51-2-1 of said code; to amend and reenact §51-
2A-2, §51-2A-8, §51-2A-10, §51-2A-11, §51-2A-12 and §51-2A-13 of
said code; to amend and reenact §51-3-14 of said code; to amend and
reenact §51-4-1 and §51-4-11 of said code; to amend and reenact
§51-6-12 of said code; and to amend and reenact §51-8-8 and §51-8-9
of said code, all relating to including family courts into certain
jurisdictional references of the clerk of the circuit court by
changing the official title of the clerk of the circuit court to
clerk of the courts.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4039--A Bill to amend and reenact §18A-3-
2a of the code of West Virginia, 1931, as amended, relating to the
posting of positions for the employment of persons other than
professional educators as coaches.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4040--A Bill to amend and reenact §18A-4-
7a of the code of West Virginia, 1931, as amended, relating to
criteria for making decisions affecting the filling of vacancies if
one or more permanently employed instructional personnel apply for
a classroom teaching position.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4045--A Bill to amend and reenact §18-4-2
of the code of West Virginia, 1931, as amended, relating to
requiring submission of evidence to state superintendent that
county superintendent has given required bond and good security.
Referred to the Committee on Education.
The Senate proceeded to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 100, Prohibiting state and political
subdivisions from contracting with vendors owing debt.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
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
Senate Bill No. 224, Correcting reference to article
concerning adoption of abandoned child.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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 Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 255--
A Bill to amend and reenact §11-17-3 of
the code of West Virginia, 1931, as amended, relating to increasing
rates of excise tax on cigarettes and on other tobacco products;
specifying purpose for tax increase; and providing effective date.
Referred to the Committee on Finance.
By Senators Hunter, Rowe, White, Caldwell, Fanning, Kessler, Unger, Dempsey and Love:
Senate Bill No. 256--A Bill to amend and reenact §5-16-4 of
the code of West Virginia, 1931, as amended, relating to full-time
employee eligibility; and increasing the number of members that
constitute the public employees insurance agency finance board from
six members to eight members, with four members being appointed by
the governor.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Hunter, Rowe, Caldwell, Unger, Dempsey and Love:
Senate Bill No. 257--A Bill to amend and reenact §11-21-12 of
the code of West Virginia, 1931, as amended, relating to providing
a state income tax exemption for retired federal law-enforcement
officers and firefighters comparable to their counterparts in
state, county or municipal service.
Referred to the Committee on Finance.
By Senators Caldwell, Dempsey, Minard, Minear, Rowe, Unger,
Hunter and White:
Senate Bill No. 258--A Bill to amend and reenact §48-27-310,
§48-27-802 and §48-27-903 of the code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new article,
designated §48-28-1, §48-28-2, §48-28-3, §48-28-4, §48-28-5, §48-
28-6, §48-28-7, §48-28-8, §48-28-9 and §48-28-10, all relating to
the enforcement of domestic violence protective orders generally.
Referred to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 259--
A Bill to amend and reenact §30-1-12 of
the code of West Virginia, 1931, as amended, relating to requiring
state boards of examination and registration provided in said
chapter to have websites accessible to the public; specifying
minimum content; requiring the information services and
communications division within the department of administration to
assist the boards in developing the websites; and requiring the
governor to ensure that links to each of the boards websites are
accessible through the state's internet home page.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 260--
A Bill to amend and reenact §5-22A-4 of
the code of West Virginia, 1931, as amended, relating to allowing
members of the design-build board to be reimbursed travel and other
necessary expenses actually incurred while engaged in attending
board meetings.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Minard and Sharpe:
Senate Bill No. 261--A Bill to amend and reenact §11-3-5 of
the code of West Virginia, 1931, as amended, relating to allowing
a supplemental assessment on personal property when personal
property has been omitted from the recordbooks.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President), Dempsey, Love and Ross:
Senate Bill No. 262--A Bill authorizing the department of
administration to sell the land, together with the improvements
thereon, situate at Crites, on Buffalo Creek, in Triadelphia tax
district, Logan County.
Referred to the Committee on Government Organization.
By Senators Minard, White, Sharpe, Facemyer, Unger, Helmick,
Caldwell, Rowe and Ross:
Senate Bill No. 263--A Bill to amend and reenact §18B-1A-6 of
the code of West Virginia, 1931, as amended, relating to adding
Glenville state college to those colleges which may meet the need
for graduate education in its region.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Ross, Love, Minard and Sharpe:
Senate Bill No. 264--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new chapter,
designated §17F-1-1, §17F-1-2, §17F-1-3, §17F-1-4, §17F-1-5, §17F-
1-6 and §17F-1-7, all relating to the regulation of all-terrain
vehicles; prohibiting operation on interstate highways; prohibiting
operation on center-lined roads or roads with more than two lanes;
exceptions to prohibition; prohibiting riders under the age of
eighteen to ride without a helmet; providing for penalties for
violations; requiring safety training; providing for regulation by
local government authority; requiring rental dealers to provide
safety equipment; requiring manufacturers to design, install and
implement a rollover protection system within three years of the effective date; providing an exemption to all-terrain vehicles
manufactured before the rollover protection becomes mandatory;
providing exemption for private property; and providing exemption
for farm and commercial use.
Referred to the Committee on Transportation; and then to the
Committee on the Judiciary.
By Senators Bowman and White:
Senate Bill No. 265--A Bill to amend and reenact §17C-6-7 of
the code of West Virginia, 1931, as amended, relating to adding the
laser speed gun as a device for measuring speeds.
Referred to the Committee on Transportation.
By Senators Unger and Love:
Senate Bill No. 266--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §7-1-3oo, relating to permitting county commissions to
contract for deputy sheriffs to provide extraordinary police or
security services to public or private entities.
Referred to the Committee on Government Organization.
By Senators Minard, Hunter and Rowe:
Senate Bill No. 267--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-2-15b, relating to violence against public
employees.
Referred to the Committee on the Judiciary.
Senator Facemyer offered the following resolution:
Senate Concurrent Resolution No. 11--
Requesting the Division of Highways officially name the bridge crossing the Ohio River on
U. S. Route 35 near Point Pleasant, Mason County, "The Silver
Memorial Bridge" in honor of the 46 men and women who tragically
lost their lives when the former Silver Bridge suddenly collapsed.
Whereas, On December 15, 1967, at approximately 5:00 p.m., the
Silver Bridge collapsed with 64 people in 31 vehicles on the Bridge
at the time. The tragedy affected not only the communities of Point
Pleasant, West Virginia, and Gallipolis, Ohio, but also the nation;
and
Whereas, President Lyndon B. Johnson immediately established
a task force to begin an intensive study of the Bridge's collapse.
On February 7, 1968, President Johnson ordered a federal-state
program for immediate reconstruction of the Bridge; and
Whereas, The members of the seventy-sixth Legislature of West
Virginia would like to honor the lives of Kathy Byus and Maxine
Turner, whose bodies were never recovered from the Ohio River; and
the lives of Albert Adler, Jr., Julius Bennett, Leo Blackman,
Kristye Boggs, Margaret Boggs, Hilda Byus, Kimberly Byus, Melvin
Cantrell, Thomas Cantrell, Donna Casey, Cecil Counts, Horace
Cremeans, Harold Cundiff, Alonzo Darst, Aimme Duff, James Hawkins,
Bobby Head, Forrest Higley, Alva Lane, Thomas Lee, G. H. Mabe,
Darlene Mayes, Gerald McMannus, James Maxwell, James Meadows,
Timothy Meadows, Frederick Miller, Ronnie Moore, Darlus Nibert,
Nora Nibert, James Pullen, Leo Sanders, Ronald Sims, Charles Smith,
Oma Smith, Maxine Sturgeon, Denzil Taylor, Glenna Taylor, Robert
Towe, Victor Turner, Marvin Wamsley, Lillian Wedge, Paul Wedge and James White, whose bodies were recovered from the River; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
officially name the bridge crossing the Ohio River on U. S. Route
35 near Point Pleasant, Mason County, "The Silver Memorial Bridge"
in honor of the 46 men and women who tragically lost their lives
when the former Silver Bridge suddenly collapsed; and, be it
Further Resolved, That the Division of Highways cause an
appropriate sign to be placed at both ends of the bridge which
designates the bridge as "The Silver Memorial Bridge"; 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 Transportation.
Which, under the rules, lies over one day.
Senators Unger, Hunter, White, Jenkins, Love, Rowe, Kessler,
Bowman, Boley, Sharpe, Ross, Caldwell, Fanning, McCabe, Prezioso,
Edgell, Snyder, Plymale, Minear and Weeks offered the following
resolution:
Senate Concurrent Resolution No. 12--
Designating the month of
December, 2004, as Legislators Back to School Month.
Whereas, West Virginia was created as a representative
democracy in which all governmental power is inherent in the people
who exercise that power through the legislative, executive and
judicial branches; and
Whereas, In recent years, citizen interest in government and knowledge of the political system has declined in part due to a
weakening belief in, and a lack of understanding of, the virtues
and knowledge needed for a successful republican form of
government; and
Whereas, Benjamin Rush, signer of the Declaration of
Independence, stated, "There is but one method of rendering a
republican form of government durable and that is by disseminating
the seeds of virtue and knowledge through every part of the state
by means of proper places and modes of education and this can be
done effectively only by the aid of the legislature"; and
Whereas, The National Conference of State Legislatures (NCSL)
has passed a resolution which states that the operation of the
state legislatures and the roles of individual legislators are
often little understood by citizens and that public understanding
of the institutions and processes of the government is critical to
building public trust and confidence; and
Whereas, The NCSL resolution also states that state
legislatures need to bring about better understanding of the
concept of representative democracy and should emphasize the
importance of compromise and the difficulty of resolving competing
interests in a diverse society; and
Whereas, Civic education is a vital tool to promote greater
understanding of the legislative institution and the role of
legislators in representative democracy; and
Whereas, NCSL urges state legislatures to promote civic
education about representative democracy; and
Whereas, NCSL has established the America's Legislators Back
to School program, a national event in which state legislators
across the nation visit schools and classrooms to talk about the
legislature and to observe activities in the schools; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Legislature hereby designates the month of December,
2004, as America's Legislators Back to School Month; and, be it
Further Resolved, That the Legislature supports civic
education to promote greater understanding of the legislative
institution and the role of legislators in a representative
democracy; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the National
Conference of State Legislatures.
Which, under the rules, lies over one day.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
The Senate again proceeded to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 268 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §17A-2-24 of the code of West Virginia, 1931, as amended, relating to
continuation of the
division of motor vehicles
.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
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
Senate Bill No. 269 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §5A-3-57 of
the code of West Virginia, 1931, as amended, relating to
continuation of
the
division of purchasing within the department of
administration
.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 10, Requesting the Division
of Highways rename East River Mountain Tunnel "H. Edward Steele
Memorial Tunnel".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on
Transportation.
The Senate proceeded to the ninth order of business.
Senate Bill No. 10, Extending time for study of orphan roads
and bridges.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, January 23, 2004, at 11 a.m.
____________