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
     EngCom. 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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