WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
TWENTY-FOURTH DAY
____________
Charleston, W. Va., Friday, February 6, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Karen Brown, Lakeview
United Methodist Church, St. Albans, West Virginia.
Pending the reading of the Journal of Thursday, February 5,
2004,
On motion of Senator Minear, 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.
Senator Tomblin (Mr. President) presented a communication from
the Board of Examiners for Registered Professional Nurses,
submitting its annual Nursing Shortage Study Commission report, in
accordance with chapter thirty, article seven, section eighteen 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 Transportation, submitting its annual Public Port Authority report as required by chapter seventeen, article sixteen-
b, section six of the code of West Virginia.
Which communication and report were 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 concurrence by that body in the adoption of the committee of
conference report, passage as amended by the conference report, as
to
Eng. Senate Bill No. 166, Reducing allowable blood alcohol
content for DUI.
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. 3097--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §14-2-2a, relating to prescribing proper venue
in suits involving West Virginia University or Marshall University.
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. 4138--A Bill to amend and reenact
§61-5-27a of the code of West Virginia, 1931, as amended, relating
to impersonation of a public official, employee or tribunal; and
providing criminal penalties.
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. 4142--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §36-4-18, relating to certain unlawful covenants; and
requiring the clerk of the county commission to execute, record and
post a disclaimer.
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. 4144--A Bill to amend and reenact §30-40-5
of the code of West Virginia, 1931, as amended, relating to the
practice of real estate brokerage and excepting secretaries of real
estate brokers who set appointments with sellers and buyers from
the scope of practice.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
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. 313, Relating to mortgage license provisional
approval.
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 Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 339, Authorizing board of examiners in
counseling to promulgate legislative rule relating to fees.
Senate Bill No. 358, Authorizing division of health to
promulgate legislative rule relating to cross connection and
backflow prevention.
Senate Bill No. 359, Authorizing division of health to
promulgate legislative rule relating to certification of backflow
prevention assembly testers.
And,
Senate Bill No. 363, Authorizing division of health to
promulgate legislative rule relating to fees for services.
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,
Roman W. Prezioso, Jr.,
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 Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 404, Clarifying term "behavioral health
services"; removing "community care services".
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 404 (originating in the
Committee on Finance)--A Bill to amend and reenact §11-13A-2 of the
code of West Virginia, 1931, as amended, relating to severance
taxes; clarifying the term "behavioral health services"; and
removing the term "community care services".
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 404) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
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. 428, Defining "transacting insurance".
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Joseph M. Minard,
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. 431, Establishing interstate insurance product
regulation compact.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 431 (originating in the
Committee on Banking and Insurance)--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.
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,
Joseph M. Minard,
Chair.
The bill (Com. Sub. for S. B. No. 431), under the original double committee reference, was then referred to the Committee on
the Judiciary.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Eng. House Bill No. 4131, Requiring certain reporting to the
legislative oversight commission on workforce investment for
economic development.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Eng. House Bill No. 4132, Relating to the West Virginia
guaranteed work force program.
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,
Brooks F. McCabe, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
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 Rowe:
Senate Bill No. 472--A Bill to amend and reenact §49-6-6 of
the code of West Virginia, 1931, as amended, relating to
modification of child neglect or abuse dispositional orders.
Referred to the Committee on the Judiciary.
By Senators Rowe, Caldwell, Fanning, Hunter, Sprouse, Snyder
and Oliverio:
Senate Bill No. 473--A Bill to amend and reenact §18-5-22 of
the code of West Virginia, 1931, as amended, relating to requiring
county boards of education to employ one school nurse for every one
thousand three hundred pupils based upon net enrollment in all
grades; and allowing counties to enter into agreement to employ
nurses jointly on a shared-time basis in order to comply with
staffing ratios.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Bowman, Minard, Kessler, McCabe, Rowe, Snyder,
Minear, McKenzie, Jenkins and Hunter:
Senate Bill No. 474--A Bill to repeal §5-26-7 and §5-26-9 of
the code of West Virginia, 1931, as amended; to amend and reenact §5-26-1, §5-26-2, §5-26-3, §5-26-4 and §5-26-8 of said code; and to
amend said code by adding thereto two new sections, designated §5-
26-2a and §5-26-2b, all relating generally to the governor's
cabinet on children and families; clarifying statement of purpose;
revising membership of cabinet; establishing citizen advisory
council; defining family resource networks; revising duties and
powers of cabinet; requiring state plan; requiring annual reports;
and providing for continuation of cabinet and council.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Bowman, Caldwell, Chafin, Jenkins, White, Boley,
Weeks, McKenzie, Oliverio, Rowe and Hunter:
Senate Bill No. 475--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto five new sections,
designated §5B-2-9a, §5B-2-9b, §5B-2-9c, §5B-2-9d and §5B-2-9e, all
relating to establishing a state trail authority; creating a state
trail authority within the development office; authorizing the
authority to appoint a statewide trail coordinator and to hire
district trail coordinators; specifying powers of the state trail
authority; specifying powers and duties of statewide trail
coordinator and district trail coordinators; and continuing the
state trail authority.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Dempsey and McKenzie:
Senate Bill No. 476--A Bill to amend and reenact §18A-3-10 of the code of West Virginia, 1931, as amended, relating to criminal
history checks of applicants for licensure by the state department
of education; and providing for criminal history checks for people
who are not employed by county boards of education but who work
directly with children in grades kindergarten through twelve on
school property.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senator Prezioso:
Senate Bill No. 477--A Bill to amend and reenact §60A-2-204 of
the code of West Virginia, 1931, as amended, relating to banning
the sale of ephedra by listing it under Schedule I of the
controlled substance act per the recommendation of the board of
pharmacy.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Caldwell and Hunter:
Senate Bill No. 478--A Bill to amend and reenact §17C-15-44 of
the code of West Virginia, 1931, as amended, relating to safety
equipment for motorcyclists; allowing certain operators of
motorcycles and passengers to ride without helmets; and deleting
obsolete language which created the now-defunct motorcycle safety
and education committee.
Referred to the Committee on Transportation; and then to the
Committee on the Judiciary.
By Senators Minard and Jenkins:
Senate Bill No. 479--A Bill to amend and reenact §33-3-7 of
the code of West Virginia, 1931, as amended, relating to licensing
foreign insurers; and exemption from certain other statutory
provisions.
Referred to the Committee on Banking and Insurance.
By Senator Caldwell:
Senate Bill No. 480--A Bill to amend and reenact §29-19-6 of
the code of West Virginia, 1931, as amended, relating to exempting
nonprofit licensed nursing homes from registration under the
solicitation of charitable funds act.
Referred to the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 481--A Bill to amend and reenact §11-21-12 of
the code of West Virginia, 1931, as amended, relating to adding
retirement income of conservation officers received through the
West Virginia public employees retirement system to modifications
reducing the federal adjusted gross income.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Love, Minard, Kessler, Rowe, Fanning, Jenkins,
Ross, McKenzie, Hunter, Smith, Snyder and Edgell:
Senate Bill No. 482--A Bill to amend and reenact §49-5E-5a of
the code of West Virginia, 1931, as amended, relating to
reclassifying juvenile detention and corrections facility employees
as classified service rather than classified-exempt service.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Prezioso:
Senate Bill No. 483--A Bill to amend and reenact §30-3-11a of
the code of West Virginia, 1931, as amended, relating to limited
licenses to practice medicine and surgery without a license; and
providing that faculty of the West Virginia university medical
school with a valid license to practice medicine and surgery from
other countries which have substantially equivalent licensing
requirements as jurisdictions currently recognized for the issuance
of a limited license without examination shall be issued a limited
license to practice medicine and surgery without examination.
Referred to the Committee on Health and Human Resources.
By Senators Caldwell and Ross:
Senate Bill No. 484--A Bill to amend and reenact §17A-3-14 of
the code of West Virginia, 1931, as amended, relating to requiring
motor vehicle license plates to contain a yellow outline of the
state.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
By Senator Dempsey:
Senate Bill No. 485--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto seven new sections,
designated §16-5C-20, §16-5C-21, §16-5C-22, §16-5C-23, §16-5C-24,
§16-5C-25 and §16-5C-26, all relating to nursing homes; requiring
adequate staffing; specifying certain staff-to-resident ratios;
providing enforcement provisions; including civil penalties; requiring a study committee; providing enhanced training
requirements for nurse aides; and providing a grant program for
projects aimed at reducing employee turnover in nursing homes.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Snyder:
Senate Bill No. 486--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §4-13-1 and §4-13-2, all relating to establishing
findings and policies regarding religious freedoms.
Referred to the Committee on the Judiciary.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 27--Requesting the Division
of Highways name the bridge on Route 49 crossing the Tug Fork River
from Matewan, Mingo County, West Virginia, to Buskirk, Kentucky,
the "Michael S. Justice Bridge".
Whereas, Michael S. Justice, who served his nation with pride
and distinction in the United States Navy, was assigned to the
battleship USS Iowa; and
Whereas, On April 19, 1989, the USS Iowa was engaged in
gunnery exercises 330 miles northeast of Puerto Rico. Suddenly,
there was an explosion and subsequent fire on the second of two
forward turrets at the loading position of the middle gun in the
three-gun turret. As a result of the explosion, 47 sailors were
killed; and
Whereas, Sadly, one of the sailors killed on that terrible day was West Virginia native Michael S. Justice of Matewan, Mingo
County; and
Whereas, It is fitting that a lasting tribute be paid to the
honor and memory of Michael S. Justice who was killed while in
service to his nation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on Route 49 crossing the Tug Fork River from
Matewan, Mingo County, West Virginia, to Buskirk, Kentucky, the
"Michael S. Justice 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 "Michael S. Justice 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), Dempsey and McKenzie offered
the following resolution:
Senate Concurrent Resolution No. 28--Requesting the Division
of Highways rename the connection of Route 73 from Route 119
between Fountain Place Mall and Mt. Gay, Logan County, the "West
Virginia POW-MIA Highway".
Whereas, Thousands of American soldiers who have served their
nation with pride and distinction have suffered at the hands of the
enemy as prisoners of war; and
Whereas, Because of the trauma experienced by many of our
prisoners of war, many of them continue to suffer serious physical
illnesses and distress as a result of their captivity; and
Whereas, Many of our nation's soldiers who have fought in
America's battles for freedom are still missing in action. Many
families and friends of MIAs are unable to bring the loss of their
loved ones to a close, keeping hope that they are, perhaps, POWs;
and
Whereas, As a tribute to the American soldiers who have served
our nation and found themselves held prisoners of war in the hands
of our enemies, and as a remembrance of those for whom there has
not been an accounting, it is fitting that their service be
honored; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
rename the connection of Route 73 from Route 119 between Fountain
Place Mall and Mt. Gay, Logan County, the "West Virginia POW-MIA
Highway"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the highway as the
"West Virginia POW-MIA Highway"; 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 Jenkins, Plymale and Dempsey offered the following resolution:
Senate Concurrent Resolution No. 29--Requesting the Division
of Highways name the bridge on U. S. Route 60 crossing Four Pole
Creek from Cabell County to Wayne County the "Colonel Justice M.
Chambers Memorial Bridge".
Whereas, Justice M. Chambers, a native of Huntington, Cabell
County, attended Marshall College in the 1920s and served with
distinction in the United States Marine Corps from 1929 to 1946 as
Commanding Officer of the Third Assault Battalion Landing Team,
Twenty-fifth Marines, Fourth Marine Division; and
Whereas, In February 1945, while seriously wounded, Colonel
Chambers led an eight-hour battle against fierce Japanese
resistance at Iwo Jima after landing on the island in a furious
barrage of enemy machine gunfire; and
Whereas, As a direct result of Colonel Chambers' forceful
leadership, courage and fortitude in the face of staggering odds,
a vital foothold on the island was protected, thus leading to the
success of subsequent operations of the Fifth Amphibious Corps on
Iwo Jima; and
Whereas, Colonel Chambers, in accordance with his heroic acts
on the battlefield, received the Congressional Medal of Honor in
1946 from President Harry S. Truman; and
Whereas, In addition to the Medal of Honor, Colonel Chambers
received the Silver Star and Legion of Merit with Combat "V",
Purple Heart with two gold stars, Presidential Unit Citation with
three bronze stars, Marine Corps Reserve Medal with two stars, American Defense Service Medal with silver star (denoting five
campaigns) and the World War II Victory Medal; and
Whereas, Colonel Chambers was appointed in 1962 by President
John F. Kennedy to the post of Deputy Director of the Office of
Emergency Planning, where he served with distinction until his
retirement; and
Whereas, Colonel Chambers passed away on July 29, 1982, at the
age of 74; and
Whereas, Colonel Chambers, a distinguished native son,
embodied the finest traditions of United States military and
civilian service to this country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on U. S. Route 60 crossing Four Pole Creek from
Cabell County to Wayne County the "Colonel Justice M. Chambers
Memorial Bridge"; and, be it
Further Resolved, That the Legislature hereby requests the
Division of Highways place signs at each end of the bridge
identifying it as the "Colonel Justice M. Chambers 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, the Headquarters of the United
States Marine Corps in Washington, D. C., and to Colonel Chambers'
nephews, Benjamin and Carter Chambers.
Which, under the rules, lies over one day.
Senators Bowman, Rowe, McKenzie, Dempsey and Hunter offered
the following resolution:
Senate Concurrent Resolution No. 30--Designating September 12,
2004, as "Monarch Butterfly Day".
Whereas, The Monarch butterfly is West Virginia's state
butterfly; and
Whereas, In recent years, the Monarch butterfly has
experienced a decline in population due to increases in human
population and resultant development; and
Whereas, The citizens of West Virginia should set aside a day
to protect, conserve and celebrate the Monarch butterfly, nicknamed
the "milkweed" butterfly; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby designates September 12, 2004, as
"Monarch Butterfly Day"; and, be it
Further Resolved, That the Legislature hereby encourages the
protection, conservation and celebration of our state butterfly.
Which, under the rules, lies over one day.
Senators Love and White offered the following resolution:
Senate Resolution No. 9--Requesting West Virginia's
congressional delegation investigate the request by Elkem Metals,
Inc., for an Internal Revenue Service waiver to reduce the
retirement plans of its employees and retirees.
Whereas, The employees of Elkem Metals, Inc., are concerned
about the financial stability of their retirement plans; and
Whereas, The concerns of the employees of Elkem Metals, Inc., have escalated since the company filed a request with the Internal
Revenue Service to obtain a waiver that would permit the company to
reduce the minimum payments the firm is presently required to pay
into retirement plans; and
Whereas, While the Senate understands that the actions taken
by Elkem Metals, Inc., may be necessary in order to secure a
financially stable future for the company, the Senate feels that
before such action is granted, there must be a complete and
exhaustive examination of the company's financial status to
determine if it has the ability to continue to pay the required
payments into the retirement plans in order to protect the
interests of the employees; and
Whereas, The Senate requests West Virginia's congressional
delegation ensure that the request for the waiver from the Internal
Revenue Service permitting Elkem Metals, Inc., to reduce the
minimum payments made to retirement plans presently offered be
fully and unequivocally justifiable. The determination by the
Internal Revenue Service should be examined by all interested
parties prior to a final rendering of the decision of the Internal
Revenue Service for rejection or approval of the waiver; therefore,
be it
Resolved by the Senate:
That the Senate hereby requests West Virginia's congressional
delegation investigate the request by Elkem Metals, Inc., for an
Internal Revenue Service waiver to reduce the retirement plans of
its employees and retirees; and, be it
Further Resolved, That the Senate hereby requests West
Virginia's congressional delegation to ensure that any decision
made by the Internal Revenue Service be fully examined by all
interested parties prior to a final rendering of its decision for
rejection or approval of any such waiver; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to West Virginia's congressional
delegation.
At the request of Senator Love, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 23, Requesting Joint
Committee on Government and Finance study need for forensic science
task force.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 24, Requesting Joint
Committee on Government and Finance study establishing special
residential community for senior citizens.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 25, Requesting Joint
Committee on Government and Finance study working with HUD to
decrease unnecessary entry of elderly into nursing homes.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 26, Requesting Joint
Committee on Government and Finance to study certain medicaid
program preferred drug list.
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 ninth order of business.
Senate Bill No. 318, Relating to good time for inmates of
correctional institutions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 319, Relating to centers for housing young
adult offenders.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 406, Relating to victim notification of
defendant's release.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 448, Relating to higher education advisory
boards generally.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 449, Relating to elections generally.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. House Bill No. 4020, Protecting personal information
maintained by the state from inappropriate disclosure.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto two new sections, designated §5A-8-21 and §5A-8-
22, all to read as follows:
ARTICLE 8. PUBLIC RECORDS MANAGEMENT AND PRESERVATION.
§5A-8-21. Limitation on release of certain personal information
maintained by state agencies and entities regarding state
employees.
(a) The following personal information maintained by executive
branch agencies of the state of West Virginia regarding persons in
their capacity as state officers, employees, retirees or the legal
dependents thereof is hereby deemed to be confidential and exempt
from disclosure to nongovernmental entities in documents otherwise
subject to disclosure under the provisions of chapter twenty-nine-b
of this code:
(1) An individual's home address;
(2) An individual's social security number;
(3) An individual's credit or debit card numbers;
(4) An individual's driver's license identification number;
and
(5) An individual's marital status or maiden name.
(b) It is the policy of the state of West Virginia that the
information enumerated in subsection (a) of this section is
personal and confidential and should only be released to
nongovernmental entities for such purposes as are authorized by
federal law or regulation, a provision of this code or a
legislative rule promulgated pursuant to the provisions of chapter
twenty-nine-a of this code.
§5A-8-22. Personal information maintained by state entities.
(a) The following information maintained by state executive
branch agencies with respect to individuals and their dependents is
personal information exempted from disclosure under the provisions
of article one, chapter twenty-nine-b of this code and may not be
released to nongovernmental entities:
(1) An individual's social security number; or
(2) An individual's credit or debit card number.
(b) Notwithstanding the provisions of subsection (a) of this
section, the information enumerated in said subsection may be
released for such purposes as are authorized by federal law or
regulation, a provision of this code or a legislative rule
promulgated pursuant to the provisions of chapter twenty-nine-a of
this code.
On motion of Senator Kessler, the following amendment to the
Judiciary committee amendment to the bill (Eng. H. B. No. 4020) was
reported by the Clerk and adopted:
On page one, section twenty-one, line eight, after the word
"executive" by inserting a comma and the words "legislative or
judicial".
The question now being on the adoption of the Judiciary
committee amendment to the bill, as amended, the same was put and
prevailed.
The bill (Eng. H. B. No. 4020), as amended, was then ordered
to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 52, Allowing motorcycle
registration plates to be fastened in vertical position.
Com. Sub. for Senate Bill No. 181, Permitting retired state
police to carry concealed weapon for life.
Com. Sub. for Senate Bill No. 208, Allowing state police to
engage in certain political activities while off duty and out of
uniform.
Senate Bill No. 469, Continuing interstate commission on
uniform state laws.
Senate Bill No. 470, Continuing real estate appraiser
licensing and certification board.
And,
Senate Bill No. 471, Continuing state board of risk and
insurance management.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Sprouse, Prezioso, Helmick,
Rowe, Bowman, Ross, Weeks, Plymale, Sharpe and Kessler.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, February 9, 2004, at 11 a.m.
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