WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
THIRTEENTH DAY
____________
Charleston, W. Va., Monday, January 26, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Clifford Smith, Cross of Grace
Lutheran Church, Hurricane, West Virginia.
Pending the reading of the Journal of Friday, January 23,
2004,
On motion of Senator McCabe, 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 third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 190, Relating to filing fee for certain
United States candidates.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 6, Requesting Congress to provide funding for development of double-stack-compatible rail
route.
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. 2755--A Bill to amend and
reenact §61-3-18 of the code of West Virginia, 1931, as amended,
relating to creating a criminal penalty for persons receiving
stolen property that was obtained by means other than through the
commission of a larceny.
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. Com. Sub. for House Bill No. 2801--A Bill to amend and
reenact §6B-2-3 and §6B-2-5 of the code of West Virginia, 1931, as
amended, clarifying the law relating to the solicitation of
donations by a member of the Legislature, and requiring the ethics
commission to furnish copies of advisory opinions to the
Legislature and the supreme court of appeals.
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. Com. Sub. for House Bill No. 4004--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-22-2a; to amend said code by adding thereto
a new section, designated §33-23-2a; to amend said code by adding
thereto a new section, designated §33-24-4b; to amend said code by
adding thereto a new section, designated §33-25-6a; to amend said
code by adding thereto a new section, designated §33-25A-24b; to
amend and reenact §33-41-1, §33-41-2 and §33-41-3 of said code; and
to amend said code by adding thereto twelve new sections,
designated §33-41-4, §33-41-5, §33-41-6, §33-41-7, §33-41-8, §33-
41-9, §33-41-10, §33-41-11, §33-41-12, §33-41-13 and §33-41-14, all
relating to the prevention of insurance fraud; subjecting farmers'
mutual insurance companies, fraternal benefit societies, certain
hospital, medical, dental and health services corporations, health
care corporations, and health maintenance organizations to
insurance fraud provisions; defining terms; establishing an
insurance fraud unit within agency of insurance commissioner;
authorizing promulgation of rules and requiring filing of annual
reports; establishing powers and duties of the unit; outlining
investigative powers and procedures; providing confidentiality and
immunity of fraud unit operations; prohibiting insurance fraud;
establishing criminal penalties and fines; authorizing prosecution
for fraudulent acts; authorizing commissioner to petitioner circuit
court for appointment of a prosecutor; specifying duties of
insurers; authorizing funding by assessment of insurers;
establishing the West Virginia insurance fraud prevention act;
defining legislative intent and terms; creating misdemeanor and
felony offenses for the commission of fraudulent acts; and creating penalties, exceptions and immunities.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
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. 4083--A Bill to amend and reenact §9A-1-2a
of the code of West Virginia, 1931, as amended, relating to
continuation of the veterans' council.
Referred to the Committee on Government Organization.
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. 2--Requesting that East River
Mountain Tunnel be renamed the "H. Edward Steele Memorial Tunnel".
Whereas, H. Edward "Eddie" Steele was born in the small
Tazewell County Community of Steelesburg, Va. on August 24, 1906,
and during his junior year in high school in 1923, he became a
county correspondent for the Bluefield Daily Telegraph. Mr. Steele
served as a reporter/editor of several regional, national and
international newspapers including the Williamson Daily News where
he covered the West Virginia Mine Wars from 1925-1928. In 1931, he
returned to Bluefield as city/county editor of the Bluefield Daily
Telegraph. Mr. Steele worked six years with the newspaper before
accepting a position as manager of the Greater Bluefield Chamber of
Commerce. In that position, he created the City of Bluefield?s slogan, "Nature?s Air-conditioned City," and developed the
publicity stunt of serving free lemonade on days that the
temperature exceeds 90 degrees Fahrenheit; and
Whereas, In 1938, Mr. Steele became secretary of the Great
Lakes to Florida Highway Association. While serving as secretary
of the Great Lakes to Florida Highway Association, Mr. Steele was
instrumental in coordinating the activities of a diverse group of
good roads advocates from the Carolinas into the state of Ohio and
the association was successful in gaining federal support for the
routing of Interstate 77 that extends from Cleveland, Ohio to
Columbia, South Carolina. Initial plans for that I-77 called for
an eastern turn near the city of Princeton, West Virginia that
would have taken it around East River Mountain closer to a route
that would have bypassed Bluefield, West Virginia and surrounding
coalfield communities. Mr. Steele and members of the Association
thought that the present day routing of the highway would
ultimately open southern West Virginia and southwestern Virginia to
all the benefits normally associated with the arrival of a modern
interstate highway; and
Whereas, Mr. Steele and the Great Lakes to Florida Highway
Association - through great time, effort and personal expense -
convinced federal, Virginia and West Virginia highway officials
that the present routing of I-77 through East River Mountain Tunnel
and Big Walker Mountain Tunnel would bring the greatest benefit to
the people of Virginia and West Virginia. Mr. Steele worked to
support regional highway initiatives until his death on June 27, 2003 and his work and efforts on this project should not go
unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Division of Highways is hereby
requested to rename the East River Mountain Tunnel, the "H. Edward
Steele Memorial Tunnel"; and, be it
Further Resolved, That the Clerk forward a copy of this
Concurrent Resolution to the Commissioner of the West Virginia
Division of Highways and the family of H. Edward Steele.
Referred to the Committee on Transportation.
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. 8--Requesting the Joint
Committee on Government and Finance to conduct a study on the
childhood obesity epidemic in West Virginia in regards to chronic
diseases, poor nutrition and inadequate exercise.
Whereas, The prevalence of obesity has increased sharply among
American adolescents and children since its recognition nearly a
half century ago as a national health risk; and
Whereas, According to the Department of Health and Human
Resources, forty percent of children in West Virginia are found to
be either overweight or obese; and
Whereas, Twenty-two percent of middle and high school students
ages twelve to eighteen years, report that they engage in little or
no strenuous physical activity with even higher percentages having high fat diets; and
Whereas, Physical education is taught only twenty minutes per
day (2.6 days per week) on average in elementary schools and only
one semester on average during the three year span of middle school
with less than forty percent of students being able to pass the
President's Physical Fitness Test; and
Whereas, Among school-age children, only eighteen percent
report eating five servings of fruit and vegetables daily; and
Whereas, Obesity presents numerous problems for children. In
addition to increasing the risk of obesity in adulthood, childhood
obesity is the leading cause of pediatric hypertension, is
associated with Type II diabetes mellitus (also known as Adult On-
set Diabetes), increases the risk of coronary heart disease,
increases stress on the weight-bearing joints while also affecting
relationships with peers; and
Whereas, The deleterious effects of obesity on chronic disease
risks; its multiplicity of causes; its persistence from childhood
into adult; the paucity of successful treatment options and the
complexities of treatment guidelines, all argue for increased
attention to the healthy prevention of excessive weight gain
starting as early in life as possible; and
Whereas, This societal challenge can be dealt with through a
host of treatments such as, but not limited to; family education,
physical activity, healthy nutrition, behavior modification, public
health resources and policy development; and
Whereas, Reversing these current trends among our youth will require a multifaceted approach as well as active participation of
health officials, researchers, educators and legislators in the
formulation of obesity prevention programs; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the cause and effects of the childhood obesity
epidemic in the State of West Virginia in regards to sedentary
lifestyle, poor nutrition and chronic diseases resulting from
obesity; 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. 9--Urging the Legislature to
set a goal of providing all citizens of the state of West Virginia
with comprehensive, quality and affordable health care and advising
its citizens on how to obtain such services.
Whereas, Health spending accounts for nearly fifteen percent
of the nation's economy, the largest share on record, and is rising
at a rate far faster than inflation; and
Whereas, It is estimated that by the year 2008 a basic family
health insurance policy in West Virginia may cost at least $18,000;
and
Whereas, One in five adult West Virginians between the ages of
19 and 64 has no health insurance at some time during the year; and
Whereas, The current health care system operates in a manner
that creates unfair cost shifting that is the result of
inequalities in coverage; and
Whereas, The health of the economy of West Virginia is
reflected in the health of its children, families and workers; and
Whereas, The health care crisis in this state can be
effectively addressed and resolved through the determination of
various state agencies, working with the private sector, to provide
appropriate health care coverage for all persons who live in West
Virginia; and
Whereas, All citizens of this state should be advised of the
opportunity to receive quality health care; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature recognizes good health as a basic human
need; and, be it
Further Resolved, That health care should therefore be
considered a primary social benefit, similar to education and
police protection, essential for community stability and economic development; and, be it
Further Resolved, That affordable health care should, on
principle, be available to all according to medical need rather
than assured only to some and distributed subject to adverse
economic forces; and, be it
Further Resolved, That to that end it shall be the goal of the
State to provide all West Virginians with comprehensive, quality,
affordable health care; and, be it
Further Resolved, That it shall be the goal of all state
agencies to formulate such a plan and to educate and advise the
citizens of this State about all of the present and future
opportunities to obtain comprehensive, quality and affordable
health care; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the State Insurance Commissioner, the
Secretary of the Department of Health and Human Resources and the
Director of the Public Employees Insurance Agency.
At the request of Senator Chafin, unanimous consent being
granted, the message was taken up for immediate consideration and
reference of the resolution 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.
At the request of Senator Hunter, and by unanimous consent,
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 were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators McKenzie and Bowman:
Senate Bill No. 277--A Bill to amend and reenact §17C-5-4 and
§17C-5-7 of the code of West Virginia, 1931, as amended, all
relating to providing that law-enforcement officers may seek a
warrant to draw blood from those arrested for driving under the
influence to determine blood alcohol content when the arrested
refuses to submit to a secondary chemical test.
Referred to the Committee on the Judiciary.
By Senators Unger, Kessler, McCabe, Sprouse, Prezioso and
Rowe:
Senate Bill No. 278--
A Bill to amend and reenact §18B-3D-2 of
the code of West Virginia, 1931, as amended, relating to the
workforce development initiative program; updating terms; and
requiring certain reporting to the legislative oversight commission
on workforce investment for economic development.
Referred to the Committee on Economic Development.
By Senators Unger, Kessler, McCabe, Sprouse, Prezioso and
Rowe:
Senate Bill No. 279--A Bill to amend and reenact §5B-2D-2,
§5B-2D-3, §5B-2D-4, §5B-2D-5, §5B-2D-6 and §5B-2D-7 of the code of
West Virginia, 1931, as amended, all relating to the West Virginia guaranteed workforce program; updating terms; requiring certain
reporting; and increasing the maximum amount that may be spent on
certain training.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Tomblin (Mr. President) and Love:
Senate Bill No. 280--A Bill to repeal §12-1-12a of the code of
West Virginia, 1931, as amended; to repeal §12-6-10, §12-6-15,
§12-6-19 and §12-6-21 of said code; to amend and reenact §12-1-2,
§12-1-7, §12-1-12 and §12-1-13 of said code; to amend and reenact
§12-2-1, §12-2-2 and §12-2-3 of said code; to amend and reenact
§12-3-1 and §12-3-1a of said code; to amend and reenact §12-3A-3,
§12-3A-4 and §12-3A-6 of said code; to amend and reenact §12-5-1
and §12-5-5 of said code; to amend and reenact §12-6-1a, §12-6-2,
§12-6-5, §12-6-8, §12-6-9e, §12-6-12, §12-6-13 and §12-6-16 of said
code; and to amend said code by adding thereto a new article,
designated §12-6C-1, §12-6C-2, §12-6C-3, §12-6C-4, §12-6C-5,
§12-6C-6, §12-6C-7, §12-6C-8, §12-6C-9, §12-6C-10, §12-6C-11,
§12-6C-12, §12-6C-13, §12-6C-14, §12-6C-15, §12-6C-16, §12-6C-17
and §12-6C-18, all relating generally to the management and
investment of moneys by the state; designating financial
institutions as depositories for state funds; adding state and
federal savings and loan associations as candidates for depository
banks; removing requirement the state treasurer retain and invest
money for current operation purposes; providing types of accounts;
requiring approval of state treasurer to open account or process transaction through financial institution and exceptions; adding
provision that the requirement that state funds only be deposited
in designated depositories meeting collateral requirements does not
apply to bond proceeds from the sale of general obligation bonds
and bonds issued by various state entities; requiring contracts or
agreements for banking goods or services with exceptions for trust
and investment accounts for various bond issues; directing the
treasurer to invest moneys; disposition of earnings on investments;
expressly allowing payments to the state by electronic funds
transfer; distribution of deposit reports; deleting collections by
the chief inspector of public offices as the position no longer
exists; requiring spending units to comply with procedures for
receipt and disbursement of moneys not due the state; requiring
disposition of federal funds transferred from unclaimed property
division; extending the time for stale checks to become unclaimed
property from six months to a maximum of one year; requiring
competitive bids for the selection of vendors to implement
electronic capabilities of offices of state treasurer and auditor;
specifying legal effect of documents and electronic signatures and
adding the comptroller; administration of the West Virginia check
card; allowing the state treasurer to authorize spending units to
assess and collect fees for electronic commerce receipts; adding
cash to the definition of securities; authorizing the treasurer to
create any accounts needed for the deposit of cash, to invest the
money and to prescribe forms and procedures for receipt and
disbursements of the moneys; transferring management of consolidated fund from investment management board to the state
treasurer; amending definition of consolidated fund; investment of
funds of political subdivisions; transferring rights, duties and
responsibilities for the consolidated fund and certain loans made
from consolidated fund; creating the consolidated fund investment
act; stating purposes and findings of the act; specifying the
authority of the treasurer for investments and restrictions on
investments; continuing the consolidated fund and vesting it in the
state treasurer on the first day of July, two thousand four;
transferring the management, control and administration of the
consolidated fund to the state treasurer from the investment
management board; requiring the state treasurer to retain an
internal auditor; requiring the treasurer to annually develop,
adopt and review asset allocation plans and investment policies;
specifying permitted investments; authorizing loans for industrial
development and investment in the West Virginia enterprise capital
fund, LLC; handling of securities; establishing the uniform prudent
investor act as the standard of care; requiring the investment
management board to transfer the cash, securities and other
investments of the consolidated fund to the treasurer on the first
day of July, two thousand four; requiring audits, financial
statements and reports; specifying that spending units retain the
functions and duties imposed by law as to any fund or account;
creating fee and investment accounts; and authorizing fees for
administration and expenses.
Referred to the Committee on Government Organization.
By Senator Weeks:
Senate Bill No. 281--A Bill to amend and reenact §50-1-2 of
the code of West Virginia, 1931, as amended, relating to adding a
magistrate to those serving Raleigh County.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Hunter, Dempsey, Caldwell and Love:
Senate Bill No. 282--A Bill to amend and reenact §18-1-1 of
the code of West Virginia, 1931, as amended, relating to
authorizing the creation of the position of athletic director in
county schools.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Kessler:
Senate Bill No. 283--
A Bill to amend and reenact §5-10-25 of
the code of West Virginia, 1931, as amended, relating to public
employees retirement act; disability retirement; and eliminating
reduction of a disabled person's straight line annuity to twenty
percent of his or her final average salary upon attaining the age
of sixty-five.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Minard:
Senate Bill No. 284--A Bill to amend and reenact §46A-4-101 of
the code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §46A-4-102a, all relating to the authority of regulated consumer lenders to make
loans; and requiring continuing education of individual regulated
consumer lender loan originators.
Referred to the Committee on Banking and Insurance.
By Senator Minard:
Senate Bill No. 285--
A Bill to amend and reenact §31A-1-2 of
the code of West Virginia, 1931, as amended; to amend and reenact
§31A-2-5; and to amend and reenact §31A-4-1 and §31A-4-5 of said
code, all relating to the ability of a state-chartered bank to
organize as a limited liability company.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 286--A Bill to amend and reenact §31A-2-8 of
the code of West Virginia, 1931, as amended, relating to the
assessment of regulated consumer lenders.
Referred to the Committee on Banking and Insurance.
By Senator Minard:
Senate Bill No. 287--
A Bill to amend and reenact §33-17-9 of
the code of West Virginia, 1931, as amended, relating to insurance
generally; and total or partial fire loss.
Referred to the Committee on Banking and Insurance.
By Senators McKenzie and Bowman:
Senate Bill No. 288--A Bill to amend and reenact §50-5-7 of
the code of West Virginia, 1931, as amended, relating to providing
for the continuation of misdemeanor prosecutions in cases where a defendant is charged by complaint with felonies and misdemeanors.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 289--A Bill to amend and reenact §18-5-16 of
the code of West Virginia, 1931, as amended, relating to providing
criteria for determining whether the intercounty transfer of a
student should be approved.
Referred to the Committee on Education.
By Senator Unger:
Senate Bill No. 290--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §20-10-1, §20-10-2, §20-10-3, §20-10-4, §20-10-5,
§20-10-6, §20-10-7, §20-10-8, §20-10-9, §20-10-10, §20-10-11 and
§20-10-12, all relating to providing for the use of returnable
containers for soft drinks, soda water, carbonated natural or
mineral water, other nonalcoholic carbonated drinks and for beer,
ale or other malt drinks of any alcoholic content and for certain
other beverage containers; providing for the use of unredeemed
bottle deposits; prescribing the powers and duties of certain state
agencies and officials; and prescribing penalties and remedies.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Hunter, Ross, Minard, Oliverio, Rowe,
White, Harrison, McKenzie and Jenkins:
Senate Bill No. 291--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §46A-2-140, relating to the use of checks or share
drafts as security for loans or cash advances made for personal,
family or household purposes.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Tomblin (Mr. President):
Senate Bill No. 292--A Bill to amend and reenact §35-1-8 of
the code of West Virginia, 1931, as amended, relating to increasing
the quantity of real estate that may be held by a trustee for a
branch of any religious sect.
Referred to the Committee on Finance.
By Senators McCabe, White, Unger, Snyder, McKenzie and Edgell:
Senate Bill No. 293--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §20-10-1, §20-10-2, §20-10-3, §20-10-4, §20-10-5,
§20-10-6, §20-10-7, §20-10-8, §20-10-9, §20-10-10, §20-10-11 and
§20-10-12, all relating to requiring the use of returnable
containers for soft drinks, soda water, carbonated natural or
mineral water, other nonalcoholic carbonated drinks and for beer,
ale or other malt drinks of any alcoholic content and for certain
other beverage containers; requiring the use of unredeemed bottle
deposits; prescribing the powers and duties of certain state
agencies and officials; and prescribing penalties and remedies.
Referred to the Committee on the Judiciary
; and then to the
Committee on Finance
.
Senators Rowe, Hunter, Weeks, Caldwell and McCabe offered the following resolution:
Senate Concurrent Resolution No. 13--Requesting the three
branches of state government to cooperate and encourage leaders of
the state, county and municipal governments to identify and
affirmatively address the racial disparities in the areas of civil
rights, health, education, housing, social issues, employment,
economic development and criminal and juvenile justice systems in
West Virginia.
Whereas, House Concurrent Resolution No. 76, adopted by the
West Virginia Legislature in 2002, recognizes and outlines a number
of employment, social, health, educational, criminal justice and
economic problems confronting African-Americans and their
communities in this state; and
Whereas, Select Committee B on Minority Issues was created by
the Joint Committee on Government and Finance as part of the 2003
legislative interims to consider House Concurrent Resolution No. 76
and make recommendations and offer solutions to problems identified
in House Concurrent Resolution No. 76; and
Whereas, According to the 2000 Census, African-Americans
comprise approximately 3.2 percent of the state's population and
more than 5 percent of the population in seven counties; and
Whereas, The Legislature should be committed to connecting
communities, exploring strategies for racial and social equality
and taking proactive steps to remedy the effects of past
discrimination on African-American children, adults and families;
and
Whereas, Prevention of discrimination in civil rights, the
justice system, education, health care, economic development,
employment, business development, housing, community and family
services is preferable to attempting to remedy the consequences of
discrimination; and
Whereas, There is a wide disparity between African-American
and caucasian public school students in West Virginia with regard
to standardized testing scores, indicating a significant
achievement gap which widens with tragic consequences for a number
of African-American students as they progress in school; and
Whereas, On the 2003 ACT college entrance examination, which
is used by the PROMISE scholarship program to determine eligibility
for college scholarships, African-American students' success rate
was significantly lower than that of caucasian students; and
Whereas, African-American children have been overrepresented
in special education programs in schools in Kanawha County, the
only area of the state for which statistics were provided to the
Committee, and underrepresented in advanced education programs and
programs for performing or gifted students. The Kanawha County
Board of Education has established programs to identify and include
all qualified students, without regard to race, in special programs
to enhance performance and to address the academic achievement gap
between African-American and caucasian children at early stages of
the public education process; and
Whereas, The percentage of African-American teachers and
educational professionals in many of the state's public schools is disproportionately lower than the African-American student
population which, to some degree, deprives minority students of
African-American role models and advocates in educational settings;
and
Whereas, Training assistance and education programs with
affirmative outreach to African-Americans combine to help prevent
racial discrimination; and
Whereas, African-Americans in West Virginia experience a
disproportionately higher incidence of health risk and mortality
from cancer, diabetes, hypertension, heart disease and HIV;
African-American women tend to be diagnosed with breast cancer at
later stages than caucasian women; and the teen birth rate and the
infant mortality rate among African-Americans is twice that of
caucasians; and
Whereas, The percentage of African-American children in the
care and/or custody of the Bureau for Children and Families in 2003
was more than twice the percentage of African-Americans in the
general West Virginia population; and
Whereas, Business ownership among African-Americans in
Charleston, West Virginia, the only area of the state for which
statistics were provided to the Committee, is proportionately less
than minority business ownership nationwide; and
Whereas, The unemployment rate of African-Americans recently
has been about twice the unemployment rate for caucasians and
significantly higher in some counties with a greater concentration
of African-American population; and
Whereas, Statistics provided by the State Equal Employment
Opportunity Office indicate that the percentage of minority
employees among full-time state government employees under the
control of the Department of Administration is approximately the
same as the percentage of African-Americans in the state's
population as a whole; and
Whereas, The West Virginia Advisory Committee to the United
States Commission on Civil Rights has found continuing reports of
racial discrimination in hiring, tension between law-enforcement
officers and African-American citizens and hate crimes and violence
against minorities, including reported incidents of harassment of
racial and ethnic minorities in schools; and
Whereas, The West Virginia Human Rights Commission reports
that two thirds of the hate crimes reported between 1992 and 2000
were racially motivated; and
Whereas, The West Virginia Legislative Auditor's Performance
Evaluation and Research Division (PERD) reports there is a scarcity
of minority and female state troopers, especially in upper ranks,
with only 16 (2.6 percent) of 606 troopers being female and only 3
(1.3 percent) of 606 troopers being African-American; that the
percentages of female and African-American officers in county
sheriff's departments are even lower; and that the state's 10
largest cities employ, on average, only 4.6 percent female officers
and 3.9 percent African-American officers even though most of those
cities have significantly greater populations of African-Americans;
and
Whereas, The West Virginia State Police has voluntarily sought
to determine and monitor its own efforts relating to racial
profiling sensitivity during routine traffic stops; and
Whereas, According to data voluntarily collected and provided
by the West Virginia State Police, between October, 2002, and
March, 2003, motor vehicles operated by minority drivers were
stopped by state troopers at a rate roughly comparable to the
percentage of minorities in the general state population. After
being stopped, 63 percent of minority drivers were ticketed or
arrested, compared to 51 percent of caucasian drivers, and warnings
were issued to 37 percent of all minority drivers, compared to 49
percent of caucasian drivers; and
Whereas, West Virginia enjoys both a low juvenile crime rate
and one of the nation's lowest juvenile detention rates, yet the
percentage of minority youth in the West Virginia juvenile justice
system exceeds the national rate of minority youths in the juvenile
justice system; and
Whereas, In West Virginia, African-Americans make up only 3.2
percent of the general population, but account for one third of the
adult prison population, one fifth of the juveniles placed in
detention and admitted to correctional facilities and over one half
of the juveniles transferred to adult jurisdiction for major
felonies; and
Whereas, There is a great and immediate need for comprehensive
data collection and analysis on a multiyear basis and for
continuing examination and review of solutions with regard to racial disparities in the areas of civil rights, health, education,
housing, social issues, employment, economic development and
criminal and juvenile justice systems; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the three branches of
state government cooperate and encourage leaders of the state to
identify and affirmatively address the racial disparities in the
areas of civil rights, health, education, housing, social issues,
employment, economic development and criminal and juvenile justice
systems; and, be it
Further Resolved, That county boards of education should be
encouraged to aggressively recruit minority teachers and other
professionals to work in the public school system; and, be it
Further Resolved, That the Department of Education and county
boards of education be given greater flexibility to employ teachers
who are trained or experienced in working with African-American
children and parents; and, be it
Further Resolved, That the Legislature should provide funding
for professional development to improve teachers' effectiveness
with African-American students and parents; and, be it
Further Resolved, That the Legislature should provide more
funding for academic enrichment programs in locations where there
are concentrations of poor and minority students, including more
early preschool programs and after-school programs; and, be it
Further Resolved, That the Department of Health and Human
Resources should increase access to education in welfare-to-work programs and evaluate placement and referral policies; and, be it
Further Resolved, That the Governor continue the mission of
the Governor's Minority Students' Strategies Council to collect and
analyze information from other states and organizations regarding
effective policies and strategies for closing the academic
achievement gap between caucasian and minority students and to
prepare an annual report for the Governor, the State Board of
Education, the Higher Education Policy Commission, the Legislative
Oversight Commission on Education Accountability and the public
outlining issues, recommendations and strategies to close the
academic achievement gap; and, be it
Further Resolved, That the Department of Education be required
to review its Policy No. 2421, 126 CSR 18 (1996), governing peer
harassment and violence against minority students, to study the
extent to which the policy has been implemented in public schools
throughout the state and to take necessary steps to ensure complete
implementation of the policy in all public schools as soon as
reasonably possible; and, be it
Further Resolved, That the Department of Education and county
boards of education themselves, with the input of the local
communities, should provide hate crime prevention and response
programs in schools and anti-bias training and education for
students and teachers, including mechanisms to ensure harassment is
reported before problems escalate and that there are appropriate
responses to incidents of harassment when they do occur; and, be it
Further Resolved, That the Legislature should direct resources to support community-level partnership and innovation to address
racial and ethnic disparities in health care; and, be it
Further Resolved, That all governmental agencies, institutions
and corporate bodies at state and local levels should be encouraged
to regularly collect, analyze and report data to the Department of
Administration relating to racial disparities among children,
adults and families in West Virginia; and, be it
Further Resolved, That the Department of Administration should
review and, if necessary, establish or reform state procurement
policies and practices to assure that they meet federal and state
requirements and that they effectively encourage meaningful
participation of African-Americans and other minorities in the
process of competing for and awarding of state contracts for goods
and services; and, be it
Further Resolved, That the state should continue to support
and expand small business incubator programs, such as the program
at Bluefield State College, to encourage new and minority small
business development; and, be it
Further Resolved, That the state should undertake initiatives
to encourage African-American business ownership similar to those
efforts used to encourage greater rates of business ownership among
women; and, be it
Further Resolved, That the state should assist community and
economic development corporations to provide effective technical
and business advisory services to minority-owned and -operated
enterprises; and, be it
Further Resolved, That the Governor and the Legislature should
encourage industry, banks and other private businesses to hire
African-Americans and businesses to be more aggressive in
establishing diversity-conscious practices as employers and for
their operations; and, be it
Further Resolved, That the state should encourage traditional
and nontraditional lending institutions to be more creative and
favorable to lending in minority communities and to minority
persons, especially for business enterprises; and, be it
Further Resolved, That the Legislature should encourage small
business start-up and expansion and provide funding to assist
African-American and other minority vendors to meet bid bonding
requirements; and, be it
Further Resolved, That workforce investment boards should be
accountable for educating poor and minority persons for jobs better
than low-paying service jobs; and, be it
Further Resolved, That the West Virginia State Police and
local law-enforcement officers should be trained and required to
collect data regarding stops of motor vehicle operators, including
information on the stops and arrests of African-Americans; and, be
it
Further Resolved, That the West Virginia State Police and
local law-enforcement agencies be required to provide diversity
training for officers, including training to recognize and report
hate crimes; and, be it
Further Resolved, That the West Virginia State Police be required to develop, in writing, goals for increasing the number of
women and African-Americans for all grades of officers and staff
and to report annually as to its efforts and success in meeting
those goals and be encouraged to employ African-Americans and other
minorities as recruiting officers; and, be it
Further Resolved, That the Legislature, the Governor and the
Supreme Court of Appeals should increase support for criminal
justice research and for the development, maintenance and continued
assessment of data related to the effectiveness of the court system
in the areas of criminal sentencing, juvenile adjudication and
community-based corrections; and, be it
Further Resolved, That the Legislature should protect and
maintain the confidentiality of juvenile records pending a study of
the adverse impact of the release of such records on the employment
and higher education opportunities of minority youth; and, be it
Further Resolved, That the West Virginia Supreme Court of
Appeals should continue to study issues related to minority youth,
including the highly disproportionate number of minority youth
transferred from juvenile to adult jurisdiction in the criminal
justice system, through its Task Force to Study Perceived Racial
Disparity in the Juvenile Justice System and to study and develop
similar research projects with data collection in regard to adult
offenders; and, be it
Further Resolved, That state agencies should study racial
disparities in a number of areas to reduce gaps in educational
achievement and in the overrepresentation of African-Americans in adult prisons and juvenile facilities and encourage all
participants in the educational and justice systems, including
teachers, principals and other educational personnel, probation
officers, juvenile referees, judges, justices, prosecutors,
attorneys, law-enforcement officers, detention and correctional
officers, caseworkers, social service providers, agency staff and
members of the community, to join in the study and development of
policies and programs to address racial disparities; and, be it
Further Resolved, That the Legislature, the Governor and the
Supreme Court of Appeals should take immediate steps to develop,
implement and fund a collaborative and comprehensive community-
based plan to study and correct overrepresentation of minority
children and adults in the state's criminal and juvenile justice
systems, with particular attention to prevention of juvenile crime
through mentoring, diversion, recidivism-reduction strategies, in-
school and after-school programs, entrepreneurial education, job
training and placement alternatives, community-based sentencing for
nonviolent offenders and transition and reentry programs for
offenders upon completion of their sentences; and, be it
Further Resolved, That state agencies and the Legislature
should be encouraged to propose specific legislative proposals
where appropriate to facilitate these recommendations; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Governor, the
Justices of the Supreme Court of Appeals, the President of the
Senate and the Speaker of the House of Delegates.
Which, under the rules, lies over one day.
Senators Bowman, Caldwell, Chafin, Edgell, Fanning, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, Minard, Plymale, Prezioso,
Ross, Rowe, Sharpe, Snyder, Unger, White and Tomblin (Mr.
President) offered the following resolution:
Senate Concurrent Resolution No. 14--
Urging President George
W. Bush reduce the federal deficit.
Whereas, The federal deficit is the largest in the history of
this country and is spiraling out of control without any end in
sight; and
Whereas, President Bush inherited a surplus budget from his
predecessor which was forecast at $5.6 trillion over 10 years.
This has turned into a current deficit of over $374 billion, the
largest dollar amount on record. The current administration has
increased spending by 12.5 percent in the last year. Even with a
growing economy, the White House expects the deficit to exceed $500
billion in 2005; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges President George W. Bush
reduce the federal deficit; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to President George
W. Bush.
At the request of Senator Bowman, 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.
Pending discussion,
The question being on the adoption of the resolution (S. C. R.
No. 14), 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
Senator Caldwell presented a petition from Judy Loggins and
numerous Mercer County residents, supporting consumer protection
legislation relating to the insurance industry.
Referred to the Committee on Banking and Insurance.
Senator Dempsey presented a petition from William D. Mutters
and numerous Logan County residents, relating to all-terrain
vehicle regulations.
Referred to the Committee on Transportation.
Senator Unger presented a resolution from Clint R. Hogbin and
the Berkeley County Solid Waste Authority, supporting Senate Bill
Nos. 290 and 293 (Creating Beverage Container Deposit Act).
Referred to the Committee on Finance.
The Senate proceeded to the ninth order of business.
Senate Bill No. 100, Prohibiting state and political
subdivisions from contracting with vendors owing debt.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 224, Correcting reference to article concerning adoption of abandoned child.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 268, Continuing division of motor vehicles.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 269, Continuing division of purchasing within
department of administration.
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 tenth order of business.
Com. Sub. for Senate Bill No. 50, Relating to waste tire
remediation; liability.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 138, Relating to nondisclosure
of personal information maintained by state.
On first reading, coming up in regular order, was read a first
time and ordered to second 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, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, January 27, 2004, at 11 a.m.
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