WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
TWENTY-SECOND DAY
____________
Charleston, W. Va., Wednesday, February 4, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor David Pence, Grace Baptist
Temple, St. Albans, West Virginia.
Pending the reading of the Journal of Tuesday, February 3,
2004,
On motion of Senator Boley, 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 Clerk presented a communication from the Division of
Forestry, submitting its annual report, in accordance with chapter
nineteen, article one-a, section two of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Department of Agriculture, submitting its annual report as
required by chapter nineteen, article one, section four of the code
of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4131--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.
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. 4132--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 work force program; updating terms;
establishing that funds may be provided by the Legislature;
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.
The Senate proceeded to the fourth order of business.
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. 71, Relating to reporting of unauthorized
workers employed in state.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 71 (originating in the Committee
on Labor)--A Bill to amend and reenact §21-1B-1, §21-1B-2 and
§21-1B-3 of the code of West Virginia, 1931, as amended, all
relating to verifying legal employment status of workers employed
in West Virginia; defining "unauthorized workers"; and permitting
division of labor permits as proof of employment.
With the recommendation that the committee substitute 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 (Com. Sub. for S. B. No. 71), 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. 317, Increasing parolee supervision fee.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 318, Relating to good time for inmates of
correctional institutions.
Senate Bill No. 319, Relating to centers for housing young
adult offenders.
And,
Senate Bill No. 406, Relating to victim notification of
defendant's release.
And reports the same back with the recommendation that they
each 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. 334, Authorizing division of banking to promulgate legislative rule relating to residential mortgage
lenders, brokers and loan originators.
Senate Bill No. 369, Authorizing insurance commissioner to
promulgate legislative rule relating to licensing and conduct of
individual insurance producers, agencies and solicitors.
Senate Bill No. 371, Authorizing insurance commissioner to
promulgate legislative rule relating to medicare supplement
insurance.
Senate Bill No. 372, Authorizing insurance commissioner to
promulgate legislative rule relating to accident and sickness rate
filing.
Senate Bill No. 373, Authorizing insurance commissioner to
promulgate legislative rule relating to credit for reinsurance.
Senate Bill No. 374, Authorizing insurance commissioner to
promulgate legislative rule relating to self-insurance pools for
political subdivisions.
And,
Senate Bill No. 402, Relating to authority of board of risk
and insurance management to promulgate legislative rules.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
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. 370, Authorizing insurance commissioner to
promulgate legislative rule relating to surplus lines insurance.
And,
Senate Bill No. 396, Authorizing board of risk and insurance
management to promulgate legislative rule relating to public
entities insurance program.
And reports the same back with the recommendation that they
each do pass; but under the original triple committee references
first be referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bills, under the original triple committee references,
were referred to the Committee on Finance; and then to the
Committee on the Judiciary.
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. 375, Authorizing division of labor to
promulgate legislative rule relating to psychophysiological detection of deception examinations.
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 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. 397, Authorizing board of risk and insurance
management to promulgate legislative rule relating to terms and
conditions pertaining to members of self-insurance pools.
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 an amendment
from the Committee on Banking and Insurance pending.
The Senate proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report
had been filed at 11:15 a.m. today:
Eng. Senate Bill No. 166, Reducing allowable blood alcohol
content for DUI.
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 Senator Minard:
Senate Bill No. 428--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-1-4, relating to defining "transacting insurance".
Referred to the Committee on Banking and Insurance.
By Senators Minard and Jenkins:
Senate Bill No. 429--A Bill to amend and reenact §33-6A-4 of
the code of West Virginia, 1931, as amended, relating to deleting
the ninety-day mandatory reinstatement period existing under
current law for persons who allow their automobile insurance
policies to lapse due to nonpayment of the premium.
Referred to the Committee on Banking and Insurance.
By Senators Minard and Jenkins:
Senate Bill No. 430--A Bill to amend and reenact §33-11-6 of
the code of West Virginia, 1931, as amended, relating to removing
the maximum aggregate penalties limit in regard to violations of the unfair trade practices act.
Referred to the Committee on Banking and Insurance.
By Senator Minard:
Senate Bill No. 431--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §33-47-1, §33-47-2, §33-47-3, §33-47-4, §33-47-5, §33-
47-6, §33-47-7, §33-47-8, §33-47-9, §33-47-10, §33-47-11, §33-47-
12, §33-47-13, §33-47-14, §33-47-15 and §33-47-16, all relating to
the establishment and operation of an interstate compact for the
review and approval of certain lines of insurance products; setting
forth the purposes for establishing the compact, protecting the
interests of consumers and promoting uniform standards for
insurance products; setting forth definitions; establishing the
interstate insurance product regulation commission, which has the
power to develop uniform standards for product lines, to receive
and approve those product filings and to be an instrumentality of
the compacting states; setting forth the powers of the interstate
insurance product regulation commission to promulgate rules,
establish reasonable uniform standards for product filings, review
products filed with the commission, review advertisement relating
to long-term care insurance, exercise its rule-making authority,
bring legal actions, issue subpoenas, undertake activities relating
to the administration of the commission and to appoint committees;
setting forth provisions relating to organization of the
commission; memberships and voting rights of states and
participation in the governance of the commission; creation and content of bylaws of the commission; setting forth provisions
relating to meetings and acts of the commission; establishing rule-
making authority of the commission; exempting rules promulgated by
the commission from the provisions of chapter twenty-nine-a of this
code; allowing states to opt out of rules promulgated by the
commission; setting forth provisions relating to the maintenance
and disclosure of commission records; commission's power to monitor
states' compliance with the compact, but preserving to states the
ability to regulate the market conduct of insurers; setting forth
provisions relating to resolution of disputes between compacting
states and noncompacting states; setting forth requirements for
filing products with the commission; setting forth appeal rights of
insurers following disapproval of filings; setting forth provisions
relating to the mechanism for funding the operations of the
commission, including the collection of filing fees; setting forth
the circumstances under which the compact will become effective and
requiring twenty-six states or states representing forty percent of
premium volume for the effected insurance lines to adopt the
compact before the commission may adopt uniform standards and
approve filings; setting forth the procedures for states to
withdraw from the compact and circumstances under which a state
will be determined to be in default of the compact; provisions
relating to severability; and provisions relating to the binding
effect of the compact.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators McKenzie, Kessler and Bowman:
Senate Bill No. 432--A Bill to amend and reenact §31-20-2 and
§31-20-10 of the code of West Virginia, 1931, as amended, all
relating to defining "arresting agency"; and providing that the
arresting agency shall pay the cost for the initial twenty-four
hours of incarceration for each inmate it arrests who is
incarcerated.
Referred to the Committee on Government Organization.
By Senators Oliverio, Rowe, McKenzie, Snyder, Unger, Hunter
and Jenkins:
Senate Bill No. 433--A Bill to amend and reenact §50-1-3 of
the code of West Virginia, 1931, as amended, relating to increasing
the salaries of magistrates equal to Class I and Class IX circuit
and county clerks.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Oliverio, Rowe, Dempsey, McKenzie, Minard, White,
Unger, Hunter and Jenkins:
Senate Bill No. 434--A Bill to amend and reenact §11-15-9 of
the code of West Virginia, 1931, as amended, relating to exempting
the sales tax on items purchased exclusively for use in school
classrooms by school teachers; and authorizing the tax commissioner
to promulgate rules specifying the items exempt.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Sprouse and Oliverio:
Senate Bill No. 435--A Bill to amend and reenact §49-6A-2 of
the code of West Virginia, 1931, as amended, relating to providing
that the division of human services' child protective services
employees report to professional referral sources who request a
report concerning the status of a child abuse and child neglect
referral.
Referred to the Committee on the Judiciary.
By Senator Sprouse:
Senate Bill No. 436--A Bill to amend and reenact §18C-7-3 of
the code of West Virginia, 1931, as amended, relating to eligible
institutions under the PROMISE scholarship program; and including
nationally accredited educational institutions as institutions
eligible to participate in the PROMISE scholarship program.
Referred to the Committee on Education.
By Senator Sprouse:
Senate Bill No. 437--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-8D-10, relating to providing a criminal offense for
falsely reporting child abuse.
Referred to the Committee on the Judiciary.
By Senator Chafin:
Senate Bill No. 438--A Bill to repeal §11-19-1, §11-19-2,
§11-19-4, §11-19-4a, §11-19-4b, §11-19-5, §11-19-5a, §11-19-5b,
§11-19-7a, §11-19-9, §11-19-10, §11-19-11 and §11-19-12 of the code
of West Virginia, 1931, as amended, relating to repealing the soft
drinks tax.
Referred to the Committee on Finance.
By Senators Prezioso and Minard:
Senate Bill No. 439--A Bill to amend and reenact §16-3-4 and
§16-3-5 of the code of West Virginia, 1931, as amended, all
relating to compulsory immunization of school children; medical
exemption; requiring additional vaccinations; creating standard
certificate of immunization; mandating use of certificate;
promulgation of rules to define the schedule and procedures for
immunization; increased penalties for offenses; distribution of
free vaccine to public and private providers; and revision of the
immunization advisory committee and addition of new members.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Prezioso, Unger and Bowman:
Senate Bill No. 440--A Bill to amend and reenact §16-5E-1,
§16-5E-1a, §16-5E-2, §16-5E-3, §16-5E-4, §16-5E-5 and §16-5E-6 of
the code of West Virginia, 1931, as amended; and to amend said
article by adding thereto a new section, designated §16-5E-7, all
relating to allowing for a waiver of certain requirements for
registered service providers and their homes; allowing nursing
services to be provided in the homes; adding a one-time fee of
twenty-five dollars for registration of a service provider;
replacing criminal sanctions with civil penalties for
noncompliance; clarifying the nature of continuing enforcement
authority; and other stylistic changes.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Sprouse:
Senate Bill No. 441--A Bill to amend and reenact §18-5-22a of
the code of West Virginia, 1931, as amended, relating to requiring
county boards of education to allow the self-administration of
medication administered by way of a metered-dose inhaler by a pupil
for asthma or other potentially life-threatening respiratory
illness under certain circumstances; allowing the pupil to maintain
possession of the inhaler; and limiting liability of boards of
education, its employees and agents under certain circumstances.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators Kessler and Minard:
Senate Bill No. 442--A Bill to amend and reenact §11A-3-27 and
§11A-3-28 of the code of West Virginia, 1931, as amended, all
relating to conforming the county clerk's fees to be paid in the
subject statutes to the fees prescribed in the general fee statute
in §59-1-10.
Referred to the Committee on the Judiciary.
By Senators Snyder, Hunter, Rowe, Dempsey and Unger:
Senate Bill No. 443--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-7-8a; to amend said code by adding thereto a new
section, designated §30-7A-7a; and to amend said code by adding
thereto a new article, designated §30-7B-1, §30-7B-2, §30-7B-3,
§30-7B-4, §30-7B-5 and §30-7B-6, all relating to recruiting and retaining nurses; authorizing supplemental nursing licensure and
renewal fee; creating a center for nursing; establishing purpose;
providing for board of directors; setting forth powers and duties;
permitting expense reimbursement; establishing special revenue
account; authorizing rules; and limiting continuation.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Hunter and Oliverio:
Senate Bill No. 444--A Bill to amend and reenact §7-1-3ff of
the code of West Virginia, 1931, as amended, relating to authority
of county commissions to hire litter control officer; and requiring
county litter control officer to enforce litter laws under the
litter control program.
Referred to the Committee on Natural Resources.
By Senators Caldwell, Dempsey, Rowe, McKenzie, Harrison,
Snyder and White:
Senate Bill No. 445--A Bill to repeal §18-13-1 of the code of
West Virginia, 1931, as amended; and to amend and reenact §18B-1-2
of said code, relating to renaming Concord college as Concord
university, Fairmont state college as Fairmont state university,
Shepherd college as Shepherd university and West Virginia state
college as West Virginia state university.
Referred to the Committee on Education.
By Senator Caldwell:
Senate Bill No. 446--A Bill to amend and reenact §20-2-8 of
the code of West Virginia, 1931, as amended; and to amend and reenact §61-3B-3 of said code, all relating to prohibiting spiking,
nailing, stapling or otherwise fastening signs or placards to trees
to provide notice not to trespass or not to hunt, fish or trap; and
providing in lieu of the use of signs or placards that certain
colors of paint be used on trees as a color code to communicate no
trespassing or no hunting, fishing or trapping.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Kessler and McKenzie:
Senate Bill No. 447--A Bill to amend and reenact §8-10-2b of
the code of West Virginia, 1931, as amended; and to amend and
reenact §17B-3-9 of said code, all relating to the powers and
duties of municipal courts; failure to appear for municipal court
hearings; failure to pay municipal court fines and fees;
cancellation, suspension and revocation of driver's licenses; and
establishing other penalties for failure to appear or pay municipal
court fines and fees.
Referred to the Committee on the Judiciary.
Senator Sprouse offered the following resolution:
Senate Concurrent Resolution No. 20--Requesting the Division
of Highways name the recently constructed bridge over Little Sandy
Creek on Frame Road near Elkview, Kanawha County, the "Dewey
Russell Crowder Bridge".
Whereas, Dewey Russell Crowder lived on Douglas Branch off
Frame Road near Elkview at the time he entered the Army; and
Whereas, Dewey Russell Crowder was killed in action on November 22, 1944, near the Elbe River in Germany while serving
with General George S. Patton's 3rd Army in World War II; and
Whereas, Dewey Russell Crowder was only 19 years old when he
paid the ultimate price in defense of his country; and
Whereas, Dewey Russell Crowder and others like him who made
the supreme sacrifice to preserve our country's freedoms are worthy
of our deepest gratitude and remembrance; and
Whereas, It is only fitting that the new bridge on Frame Road
near Dewey Russell Crowder's childhood home be named in his honor;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the recently constructed bridge over Little Sandy Creek on
Frame Road near Elkview, Kanawha County, the "Dewey Russell Crowder
Bridge"; and, be it
Further Resolved, That the Division of Highways cause an
appropriate sign to be placed at both ends of this bridge which
designates the bridge as the "Dewey Russell Crowder Bridge"; and,
be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and to the surviving family of
Dewey Russell Crowder.
Which, under the rules, lies over one day.
Senators Prezioso, Unger, McCabe, Bowman, Rowe, McKenzie,
Hunter and Jenkins offered the following resolution:
Senate Concurrent Resolution No. 21--Requesting the Governor
issue an executive order establishing an Office of Minority Health.
Whereas, The African-American population in West Virginia
continues to experience inequality in the provision of health care;
and
Whereas, Health care disparities are well documented to the
extent that African-Americans have higher rates of morbidity and
mortality than whites; and
Whereas, In this state, African-Americans represent 37 percent
of the newly diagnosed HIV cases, African-American women represent
51 percent of all women diagnosed with HIV and African-American men
represent 28 percent of all men diagnosed with HIV; and
Whereas, African-Americans are at greater risk for
cardiovascular disease and stroke-related death than caucasians;
and
Whereas, In West Virginia, African-American males have a
markedly higher rate of prostate cancer than caucasian males and
African-American females tend to be diagnosed for breast cancer at
a later stage than caucasian women; and
Whereas, The American Cancer Society reports obesity among
African-Americans as a risk factor for colorectal cancer; and
Whereas, The incidence of diabetes in the African-American
population in this state is alarmingly disproportionate to other
races and ethnic groups; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Governor issue an executive order establishing an Office of Minority Health; and, be
it
Further Resolved, That the Office of Minority Health
coordinate resources and provide health education and services to
African-Americans; and that it also be responsible for preparing
and issuing an annual report on the status of health care for
African-Americans in this state; and, be it
Further Resolved, That all state agencies be directed to
assist the Office of Minority Health in the performance of its
duties; and, be it
Further Resolved, That the Department of Health and Human
Resources provide the Office of Minority Health with the personnel,
supplies, materials and equipment needed to enable it to perform
its responsibilities; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Governor and
the Secretary of the Department of Health and Human Resources.
Which, under the rules, lies over one day.
Senators Sprouse, Bailey, 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, Unger, Weeks, White and Tomblin (Mr. President) offered the
following resolution:
Senate Concurrent Resolution No. 22--Requesting the Division
of Highways name the bridge south of toll barrier C on the West Virginia Turnpike at Sharon, Kanawha County, the "Tony DeRaimo
Memorial Bridge".
Whereas, The Honorable Tony DeRaimo, a former coal miner,
served the Senate of West Virginia with dedication and pride for 23
years and served nine years as the Sergeant at Arms; and
Whereas, The Honorable Tony DeRaimo also served the citizens
of eastern Kanawha County through his participation in many civic
activities, especially the establishment of the Cabin Creek Health
Clinic in Dawes, West Virginia. He was extremely proud to have
served as a member of the board and as treasurer for this
worthwhile service to the citizens of the Cabin Creek community;
and
Whereas, The Honorable Tony DeRaimo passed away on January 10,
2004. His memory and dedicated service to the Senate will long be
remembered; and
Whereas, It is fitting that a lasting tribute be paid to such
an outstanding gentleman as Tony DeRaimo, former coal miner, public
servant and Senate Sergeant at Arms; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge south of toll barrier C on the West Virginia
Turnpike at Sharon, Kanawha County, the "Tony DeRaimo Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Tony DeRaimo Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President), Bailey, 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 and White offered the
following resolution:
Senate Resolution No. 7--Memorializing the life of the
Honorable Tony DeRaimo, former coal miner, union official, civic
leader, Sergeant at Arms of the West Virginia Senate and
distinguished West Virginian.
Whereas, Tony DeRaimo was born August 22, 1915, at Wilkinson,
Logan County, the son of Vincenzo Jim and Rosa DeRaimo; and
Whereas, At the age of 16, Tony DeRaimo began working for
Carbon Fuel Coal Company and continued to work in the coal mines
for 44 years, until his retirement in 1976; and
Whereas, On July 30, 1934, Tony DeRaimo wed his beloved wife
Freda Stanley DeRaimo, with whom he shared the joy of having one
daughter, Laura DeRaimo Fuller and one son, James DeRaimo; and
Whereas, Sadly, after 53 years of marriage, Freda Stanley
DeRaimo passed away on March 29, 1988; and
Whereas, Tony DeRaimo was a strong advocate for the working
rights of those who worked in the coal mines of West Virginia. He served his fellow workers for 60 years as a local union officer and
for 70 years as an activist for the United Mine Workers of America;
and
Whereas, Tony DeRaimo also took an interest in his community.
He was not only instrumental in the development of the Decota-
Grizzell Athletic Association, which was established in 1948, but
also served as its president. The Association provided sports
equipment and facilities for adults and children; and
Whereas, Tony DeRaimo was involved in the establishment,
design and construction of the Cabin Creek Health Clinic in Dawes,
West Virginia. He served as a board member and treasurer of the
Clinic, which still continues to provide health services to
residents of the Cabin Creek community; and
Whereas, Tony DeRaimo was also involved in numerous other
community-related clubs and organizations, including the Marmet
Rotary Club, the Boy Scouts of America, Explorer Scouts, Moose
Legion 123 and Moose Lodge 1444; and
Whereas, In 1981, Tony DeRaimo's interest in politics and the
legislative process led to his employment in the West Virginia
Senate as an assistant to the Sergeant at Arms; and
Whereas, In 1995, the Honorable Tony DeRaimo was elected the
48th Sergeant at Arms and was reelected in 1997, 1999, 2001 and
2003; and
Whereas, Sadly, the Honorable Tony DeRaimo passed away on
January 10, 2004, bringing to an end a long and productive life.
It was fitting that the funeral service for the Honorable Tony DeRaimo was held on the same day as the opening of the Second
Regular Session of the 76th Legislature because of his many
contributions to the Senate and its day-to-day operation;
therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of the Honorable
Tony DeRaimo, former coal miner, union official, civic leader,
Sergeant at Arms of the West Virginia Senate and distinguished West
Virginian; and, be it
Further Resolved, That the Senate commends the dedication and
commitment exhibited by the Honorable Tony DeRaimo during his many
years of service; and, be it
Further Resolved, That the Senate expresses its heartfelt
sadness at the passing of the Honorable Tony DeRaimo and extends
its sincere sympathy to his beloved family; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the family of the late Honorable Tony
DeRaimo.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, returned
to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 448 (originating in the Committee on
Education)--A Bill to repeal §18B-6-1a of the code of West
Virginia, 1931, as amended; to amend and reenact §18B-2B-8 of said
code; to amend and reenact §18B-6-1, §18B-6-2a, §18B-6-3a,
§18B-6-4a and §18B-6-4b of said code; and to amend said code by
adding thereto two new sections, designated §18B-6-2 and §18B-6-2b,
all relating to higher education advisory boards generally;
repealing obsolete language; conforming structure of state advisory
groups of faculty, classified employees and students; authorizing
advisory groups to meet at call of chairperson or majority of
members; authorizing advisory groups to communicate directly with
the commission and council; requiring council to develop search and
screening guidelines; adding definitions; directing
administratively linked community and technical colleges to
establish campus advisory groups; adding representatives from
campus advisory groups to state advisory groups; clarifying that
members of state advisory councils are entitled to reimbursement
for travel expenses; creating faculty senates at state institutions
of higher education; changing date term begins for student
representatives to the state advisory council of students; deleting
obsolete language regarding selection of students to serve on
institutional governing and advisory boards; and providing
exception for classified employees and faculty who represent administratively linked community and technical colleges to serve
one-year term on state advisory boards until next regularly
scheduled election.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 449 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §3-2-10 of the code of West
Virginia, 1931, as amended; to amend and reenact §3-4-3 of said
code; to amend and reenact §3-4A-3 of said code; to amend and
reenact §3-5-8, §3-5-13 and §3-5-13a of said code; and to amend and
reenact §3-8-7 of said code, all relating to elections generally;
correcting United States code reference; authorizing county
commissions to discontinue use of voting machines and replace them
with other systems meeting certain federal requirements under
certain circumstances; reducing the filing fee for presidential and
vice presidential candidates; clarifying that the filing fee for
certain county offices is based only on the annual salary of the
position; adding family court judge to list of offices on county
ballot; and removing the requirement that ballots be printed with
space for ballot commissioners' signatures.
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. 15, Requesting Division of
Highways name bridge on Route 33 East in Ripley "McGinley 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.
Senate Concurrent Resolution No. 17, Requesting Division of
Highways name bridge near Rowlesburg, Preston County, "Charles B.
Felton, Jr., 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.
Senate Concurrent Resolution No. 19, Requesting Joint
Committee on Government and Finance study Mental Health Plan.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 163, Establishing Water
Resources Protection Act.
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. 163) 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. 231, Authorizing county
commission to establish flood plain enforcement agency.
Having been read a third time on yesterday, Tuesday, February
3, 2004, and now coming up in regular order, was reported by the
Clerk.
The question being "Shall Engrossed Committee Substitute for Senate No. 231 pass?"
On the passage of the bill, the yeas were: Bowman, Caldwell,
Chafin, Dempsey, Edgell, Fanning, Guills, Harrison, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio,
Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger,
White and Tomblin (Mr. President)--27.
The nays were: Boley, Deem, Facemyer, Minear, Smith and
Weeks--6.
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. 231) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 251, Providing requirements and
limitations for mandatory nurse overtime in hospitals; other
provisions.
Having been read a second time on yesterday, Tuesday, February
3, 2004, and now coming up in regular order with the amendments
offered by Senator Jenkins pending, was reported by the Clerk.
On motion of Senator Jenkins, the following amendments to the
bill were again reported by the Clerk and considered
simultaneously:
On page three, section one, line seventeen, after the word
"safety;" by striking out the word "and";
On page three, section one, line nineteen, after the word
"overtime" by changing the period to a semicolon and adding the
word "and";
And,
On page three, section one, after line nineteen, by adding a
new subdivision, designated subdivision (7), to read as follows:
(7) The state has an interest in the quality of health care
provided to patients in our state-operated hospitals and in the
health and fitness for duty of the nurses as defined in this
article in those facilities. The Legislature directs the
department of health and human resources to conduct a feasability
study of compliance by state-operated hospitals with the provisions
of this article and to report findings to the joint committee on
government and finance by the first day of December, two thousand
four.
Following discussion,
The question being on the adoption of the amendments offered
by Senator Jenkins to the bill, the same was put and did not
prevail.
Committee Substitute for Senate Bill No. 251 was then ordered
to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Eng. House Bill No. 4020, Protecting personal information
maintained by the state from inappropriate disclosure.
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.
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, February 5, 2004, at 11 a.m.
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