WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
FIFTEENTH DAY
____________
Charleston, W. Va., Wednesday, January 28, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Shirley Love, a senator
from the eleventh district.
Pending the reading of the Journal of Tuesday, January 27,
2004,
On motion of Senator Bowman, 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 proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
that that body had refused to recede from its amendments to, and
requested the appointment of a committee of conference of five
from each house on the disagreeing votes of the two houses, as to
Eng. Senate Bill No. 166, Reducing allowable blood alcohol
content for DUI.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Craig, Mahan, Pethtel, DeLong and Schadler.
On motion of Senator Chafin, the Senate agreed to the
appointment of a conference committee on the bill.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Kessler, Ross, Hunter, Minard and McKenzie.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
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. 3096--A Bill to amend and
reenact §15-10-3, §15-10-4 and §15-10-5 of the code of West
Virginia, 1931, as amended, relating to authorizing cooperation of
campus police and rangers employed by the Hatfield-McCoy regional
recreation authority with other law-enforcement agencies.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4020--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-8-22, relating to nondisclosure of personal
information maintained by the state of West Virginia.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4021--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-8-21, relating to nondisclosure of personal
information of state employees and officers, and their dependants.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
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. 4068--A Bill to amend and reenact §20-2-5
of the code of West Virginia, 1931, as amended, relating to
allowing hunting of coyotes by use of amber colored artificial
light with certain restrictions.
Referred to the Committee on Natural Resources.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4081--A Bill to amend and
reenact §18-4-1 of the code of West Virginia, 1931, as amended,
relating to requiring a thirty-day posting of a position as county
superintendent, excepting when the appointment is a temporary one
or constitutes the reappointment of a superintendent whose term has expired.
Referred to the Committee on Education.
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. 10--Honoring the late A. James
Manchin by declaring that Route 250 in Marion County, currently
known as "The Husky Highway", shall continue to exist in honor of
A. James Manchin.
Whereas, A. James Manchin was a flamboyant and dedicated
public servant whose uniquely honest, compassionate and
down-to-earth spirit and persona were indelibly derived from the
people, culture, history, climate and topography of this, his
beloved State. In accordance with his spiritual and personal roots,
he never hesitated to boast of his birth in a United Mine Workers
barracks, which he characterized as being "one step below a log
cabin"; and
Whereas, A. James Manchin, was a resilient man with a long and
distinguished career as a public servant. He had faced and survived
the rigors, pitfalls and adversity of political turmoil and strife
to emerge with his good humor, compassion for fellow human beings
and integrity all intact; and
Whereas, A. James Manchin, at the time of his death, was an
active member of this House of Delegates; and
Whereas, A. James Manchin served variously as a member of the
House of Delegates, the Director of the Rehabilitation Environmental Action Program (REAP), Secretary of State and State
Treasurer. He also taught civics classes to students in Greenbrier,
Webster, Wetzel and Wood Counties; and
Whereas, A. James Manchin was born, lived and died in Marion
County, unexpectedly departing this world on November 3, 2003,
sadly missed by his family, friends and those others whose lives he
touched with his good humor and good will; therefore, be it
Resolved by the Legislature of West Virginia:
That Route 250 in Marion County, currently known as "The Husky
Highway," shall continue to exist in honor of A. James Manchin, our
recently departed colleague and friend; and, be it
Further Resolved, That the Commissioner of Highways is hereby
requested to design, cause to be fabricated, and erect at
appropriate intervals, signs clearly demarking the portion of Route
250 which traverses Marion County known as "The Husky Highway",
"The Husky Highway - in honor of A. James Manchin"; and, be it
Further Resolved, That the Clerk is hereby directed to provide
a copy of this resolution to Stella Manchin (surviving spouse),
Patty Manchin, Roseanne Manchin and Mark Manchin (surviving
children), Rose Levitsky (surviving sister), Joe Manchin and the
Commissioner of Highways.
At the request of Senator Chafin, and by unanimous consent,
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 Chafin, unanimous consent being
granted, the Senate stood in observance of a moment of silence in
recognition of the passing of the Honorable A. James Manchin, a
delegate from the forty-third delegate district.
The Senate proceeded to the fourth order of business.
Senator Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 28th day of January, 2004, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 190), Relating to filing fee for certain United
States candidates.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Sharon Spencer,
Chair, House Committee.
Senator Snyder, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 251, Establishing Nurse Overtime and Patient
Safety Act.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 258, Relating to enforcement of domestic
violence protective orders generally.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 258 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §48-27-
310, §48-27-802 and §48-27-903 of the code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new article,
designated §48-28-1, §48-28-2, §48-28-3, §48-28-4, §48-28-5, §48-
28-6, §48-28-7, §48-28-8, §48-28-9 and §48-28-10, all relating to
the enforcement of domestic violence protective orders generally;
granting full faith and credit to out-of-state protection orders;
expanding the West Virginia state police registry of in-state
protective orders to include registration of out-of-state
protection orders; expanding offenses and penalties for violations of in-state protective orders to include violations of conditions
of bail, probation or parole which are intended to protect the
personal safety of another; adopting the uniform interstate
enforcement of domestic violence protection orders act; setting
forth definitions; providing for enforcement of out-of-state
protection orders even if the relief sought would not be available
in West Virginia; setting forth criteria for enforcement of out-of-
state protection orders, including protection provisions of valid
out-of-state orders governing custody and visitation and mutual
protection orders; providing that an out-of-state protection order
which appears authentic on its face is presumed to be valid;
providing for nonjudicial enforcement of out-of-state protection
orders by law-enforcement officers with probable cause to believe
that a valid protection order exists and has been violated;
providing for registration of an out-of-state protection order with
the West Virginia state police; providing that registration is not
a prerequisite to enforcement of an out-of-state protection order;
providing immunity from civil or criminal liability for law-
enforcement or other government officers or agencies for good faith
acts or omissions undertaken in the course of enforcing an out-of-
state protection order; providing criminal penalties for violation
of out-of-state protection orders or conditions of bail, probation
or parole; specifying that a protected individual may pursue other
remedies; urging a construction of the act that encompasses
uniformity of application and construction with other states that
adopt it; and specifying the orders and actions to which the act is applicable.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 285, Allowing state-chartered banks to
organize as limited liability companies in certain cases.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with amendments
from the Committee on Banking and Insurance pending.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 286, Relating to assessment of regulated consumer lenders.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Concurrent Resolution No. 2, Requesting Division of
Highways name bridge spanning Cabin Creek and Kanawha County Route
72/3 "Mother Jones Labor Heritage Bridge".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Mike Ross,
Chair.
On motion of Senator Chafin, the Senate recessed for five
minutes to permit a performance by the Chanteuse Choir of the
Appalachian Children's Chorus, Charleston, West Virginia.
Upon expiration of the recess, the Senate reconvened and
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 Senator Weeks:
Senate Bill No. 297--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §21-3-19a, relating to requiring employers to provide
employees and others a sheltered place outside the work premises to
smoke when smoking is prohibited entirely in the building.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Minard:
Senate Bill No. 298--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §46A-6K-1, §46A-6K-2, §46A-6K-3, §46A-6K-4, §46A-6K-5
and §46A-6K-6, all relating to having funds available for
settlement of a real estate mortgage transaction; defining
applicability of the law; providing definition of terms used;
providing for duty of lender and settlement agent in a loan
settlement; maintaining validity of loan documents; and providing
a penalty for violations of the article.
Referred to the Committee on the Judiciary.
By Senators Hunter, Rowe, Dempsey, Fanning and Caldwell:
Senate Bill No. 299--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-7A-26t, relating to increasing supplemental benefits
to certain teacher retirement annuitants.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Weeks:
Senate Bill No. 300--A Bill to amend and reenact §16-39-4 of
the code of West Virginia, 1931, as amended, relating to
prohibiting discrimination or retaliation against a health care
worker who refuses to participate in treatment of a patient based
upon good faith belief that the treatment is contrary to religious
or moral beliefs or conscience of the health care worker.
Referred to the Committee on the Judiciary.
By Senators Minard and Jenkins:
Senate Bill No. 301--A Bill to extend the time for the county
commission of Harrison County, West Virginia, to meet as a levying
body for the purpose of presenting to the voters of the county an
election on the question of continuing the excess levy for vital
public services in Harrison County from between the seventh and
twenty-eighth days of March until the first Thursday in June, two
thousand four.
Referred to the Committee on Government Organization.
By Senators Tomblin (Mr. President), Bowman and Plymale:
Senate Bill No. 302--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §6C-2-1, §6C-2-2, §6C-2-3, §6C-2-4, §6C-2-5, §6C-2-6 and
§6C-2-7; and to amend and reenact §15-2C-1 and §15-2C-4 of said
code, all relating to requiring state employing units to conduct
background checks on prospective employees, employees considered
for promotions or transfers and individuals seeking to provide
services through personal service contracts.
Referred to the Committee on the Judiciary.
By Senators Bowman, McKenzie, Caldwell, Hunter, Rowe and
Kessler:
Senate Bill No. 303--A Bill to amend and reenact §9-6-9 of the
code of West Virginia, 1931, as amended, relating to investigating
and interviewing alleged adult victims of abuse or neglect.
Referred to the Committee on the Judiciary.
By Senators Love, Sprouse, Kessler, Sharpe, Facemyer, Edgell,
Dempsey, Caldwell, McKenzie, Hunter, Rowe, Fanning and Oliverio:
Senate Bill No. 304--A Bill to amend and reenact §50-1-8 and
§50-1-9 of the code of West Virginia, 1931, as amended, all
relating to increasing salaries for magistrate clerks, magistrate
assistants and magistrate deputy clerks.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Snyder and Unger:
Senate Bill No. 305--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §5A-3-55 and §5A-3-55a, all relating to intrastate air
transportation services for state employees, legislators, members
of various state boards and commissions and members of the general
public; limiting the authority to contract to one year; directing
the solicitation of bids to provide the same; outlining minimum bid
specifications; authorizing the limited underwriting of the cost of
the same; and making certain findings in relation thereto.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Love:
Senate Bill No. 306--A Bill to amend and reenact §5A-1A-2 of
the code of West Virginia, 1931, as amended, relating to changing
the composition of the employee suggestion award board.
Referred to the Committee on Government Organization.
By Senators Tomblin (Mr. President), Bowman and Plymale:
Senate Bill No. 307--A Bill to amend and reenact §5A-3-36 of
the code of West Virginia, 1931, as amended, relating to providing
a procedure for removing property from the state's inventory of
removable property.
Referred to the Committee on the Judiciary.
By Senators Hunter, Rowe, Kessler and Caldwell:
Senate Bill No. 308--A Bill to amend and reenact §17A-3-14 of
the code of West Virginia, 1931, as amended, relating to providing
license plates for members of the 82nd airborne division.
Referred to the Committee on Transportation; and then to the
Committee on Finance
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 309 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §49-6-4 of the code of West
Virginia, 1931, as amended, relating to medical and mental
evaluations.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 10, Requesting Division of
Highways rename East River Mountain Tunnel "H. Edward Steele
Memorial Tunnel".
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was laid over one day, retaining its place
on the calendar.
Senate Concurrent Resolution No. 11, Requesting Division of
Highways name bridge crossing Ohio River on Route 35 "The Silver
Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
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 and request concurrence therein.
Thereafter, at the request of Senator Ross, and by unanimous
consent, the remarks by Senator Facemyer as to the adoption of
Senate Concurrent Resolution No. 11 were ordered printed in the Appendix to the Journal.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 50, Relating to waste tire
remediation; liability.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 50) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 138, Relating to
nondisclosure of personal information maintained by state.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate proceeded to the tenth order of business.
Senate Bill No. 111, Establishing central highlands highway
authority.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 296, Continuing center for professional
development board.
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.
The Senate then proceeded to the thirteenth order of business.
At the request of Senator Smith, unanimous consent being
granted, it was ordered that the Journal show had Senator Smith
been present in the chamber on yesterday, Tuesday, January 27,
2004, she would have voted "yea" on the passage of Engrossed Senate
Bill No. 100, Engrossed Senate Bill No. 224, Engrossed Senate Bill
No. 268 and Engrossed Senate Bill No. 269.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Bailey.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, January 29, 2004, at 11 a.m.
____________