WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
TWENTY-EIGHTH DAY
____________
Charleston, W. Va., Tuesday, February 10, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Tim Bolyard, Light of Life
Church, Flemington, West Virginia; Chaplain, Pruntytown
Correctional Center, Grafton, West Virginia; and Part-time
Chaplain, West Virginia Industrial Home for Youth, Industrial, West
Virginia.
Pending the reading of the Journal of Monday, February 9,
2004,
On motion of Senator Bailey, 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 the following communication from the
Legislative Oversight Committee on the Regional Jail and
Correctional Facility Authority, submitting its annual report due
the Legislature in compliance with the statute:
WEST VIRGINIA LEGISLATURE
LEGISLATIVE OVERSIGHT COMMITTEE
ON THE REGIONAL JAIL AND
CORRECTIONAL FACILITY AUTHORITY
CHARLESTON
February 9, 2004
West Virginia Legislature
Charleston, West Virginia
Ladies and Gentlemen:
Pursuant to West Virginia Code §31-20-26, the Legislative
Oversight Committee on the Regional Jail and Correctional Facility
Authority makes the following report to the 2004 Regular Session of
the Legislature.
The Committee met six times during the 2003 Interim Period.
During the 2003 Interim Period, the Committee received regular
updating reports from:
Jim Rubenstein, Commissioner of the Division of Corrections,
and his staff; and
Steven D. Canterbury, Executive Director of the Regional Jail
and Correctional Facility Authority, and his staff.
The Committee also received presentations from:
Manfred Holland, Director, Division of Juvenile Services;
F. Douglas Stump, Chairman, West Virginia Parole Board;
James R. Lee, Chief Probation Officer, First Judicial Circuit;
William R. Laird, Sheriff, Fayette County;
Thomas L. McBride, Warden, Mt. Olive Correctional Complex;
Michael W. Cutlip, Deputy Director, Programs, Division of
Criminal Justice Services;
Lora Maynard, Community Corrections Specialist, Division of
Criminal Justice Services;
Trudi G. Blaylock, Program Mentor for the Division of
Corrections' Sex Offender Program;
John A. Rogers, Executive Director, Public Defender Services;
Delbert Harrison, Director, Parole Services, Division of
Corrections;
Doug Workman, Supervisor of Southern District Parole Services,
Division of Corrections;
Deborah McKinney, wife of an inmate;
William "Bill" Fox, Warden, St. Marys Correctional Center;
Tony LeMasters, Deputy Warden, St. Marys Correctional Center;
Patti Hamilton, Executive Director, West Virginia Association
of Counties; and
Vivian Parsons, Executive Director, County Commissioners'
Association of West Virginia.
Major topics of Committee consideration and discussion this
year included:
1. The need for additional funding for the St. Marys
Correctional Center;
2. The crowding problem in regional jails and correctional
facilities;
3. The transfer of state-sentenced inmates being housed in
regional jails to Division of Corrections' facilities;
4. The progress of planning and construction of regional
jails, juvenile detention facilities and correctional facilities;
5. Concerns regarding salaries and staffing;
6. The need for additional capacity to house inmates
sentenced to the custody of the Division of Corrections;
7. The need for statewide community corrections programs and
funding for the programs;
8. Alternatives for reducing inmate populations;
9. Probation and parole of inmates; and
10. The care of inmates with hepatitis and other medical
problems.
During 2003 several of the Committee's members viewed parole
hearings conducted from the offices of the Regional Jail and
Correctional Facility Authority and visited the Denmar Correctional
Center and the Mt. Olive Correctional Complex.
During the 2003 Interim Period, the Committee was informed of
the following information of special significance:
1. The per diem payment for housing inmates in regional
jails might increase in 2004;
2. Inmate populations in regional jails increased from 2,632 on January 3, 2003, to 3,015 on January 9, 2004. The increase is
attributable, in large part, to the completion of the Western
Regional Jail during 2003;
3. The number of state-sentenced inmates being housed in
regional jails increased from 815 to 921 during this period; and
4. The daily average inmate population under the supervision
of the Division of Corrections increased 218, from 4,537 on January
2, 2003, to 4,755 on January 7, 2004.
Inmates Housed in Regional Jails
Number of Number of
State- State-
Inmate Inmate Sentenced Sentenced
Regional Count as Count as Inmates as Inmates as
Jail of 1/3/03 of 1/9/04 of 1/3/03 of 1/9/04
Central
(Flatwoods) 207 264 86 111
Eastern
(Martinsburg) 307 344 84 84
North Central
(West Union) 427 486 142 146
Northern
(Moundsville) 265 253 81 104
Potomac Highlands
(Augusta) 199 179 110 87
South Central
(Charleston) 468 361 69 93
Southern
(Beckley) 439 457 115 147
Southwestern
(Holden) 320 315 128 120
Western
(Barboursville) 0______ 356_________ 0________ 29
Totals 2,632 3,015 815 921
The Committee recommends for introduction and passage during
the 2004 legislative session bills:
1. Allowing "good time" for inmates in the custody of the
Division of Corrections to be credited presumptively at the
beginning of an inmate?s sentence and providing that all of an
inmate's good time is subject to forfeiture and revocation for
violation of disciplinary rules;
2. Allowing the Commissioner of the Division of Corrections
to increase the parolee supervision fee from $20 to $40;
3. Codifying provisions of Title 94, Series 3 of the Code of
State Rules that provide procedures for determining the cost per
day for inmates incarcerated in facilities operated by the Regional
Jail and Correctional Facility Authority and that outline the
allocation of costs for housing the inmates;
4. Specifying that a young adult offender found unfit to remain at a center for young adult offenders is entitled to a
hearing before the committing court, providing a standard of review
for the court and allowing reliance on the record established at
the center under specified circumstances; and
5. Allowing certain first-time offenders of driving under
the influence laws to avoid serving time in jail by participating
in a litter control program.
The Committee recommends for introduction and passage during
the 2004 legislative session a joint resolution proposing an
amendment to the Constitution that would allow the Division of
Corrections to arrange for convicted prisoners to serve their
sentences in correctional facilities in other states if there is no
space available in correctional facilities in West Virginia.
The Committee also indicates its support for salary increases
for certain correctional employees by adopting the attached
resolution.
Respectfully submitted,
Shirley Love,
Senate,
Dale Manuel,
House of Delegates,
Cochairs.
Attachment
Which communication and resolution 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 passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3083--A Bill to amend and
reenact §50-1-11 of the code of West Virginia, 1931, as amended,
relating to the location of magistrate courts generally; and
providing that magistrate court may be temporarily held in various
locations throughout the county.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4259--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.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2004, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4287--A Bill to amend and reenact §18B-9-5
of the code of West Virginia, 1931, as amended, relating to higher
education; classified employee salary; and modifying provisions
relating to funding the salary increment.
Referred to the Committee on Education.
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. 4304--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-16B-4a; and to amend and reenact §5-16B-8 of said
code, all relating to continuation of the children's health
insurance board.
Referred to the Committee on Government Organization.
The Senate proceeded 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. 125, Permitting solicitation of certain state
employees for contribution to campaigns for ballot issues.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 125 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §3-8-12 of
the code of West Virginia, 1931, as amended, relating to permitting
solicitation of certain state employees for contributions to
campaigns for or against ballot issues in county or local
elections.
And,
Senate Bill No. 261, Allowing supplemental assessment on
personal property in certain cases.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 261 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §11-3-5 of
the code of West Virginia, 1931, as amended, relating to allowing
a supplemental assessment on all personal property when personal
property has been omitted from the record books.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 332, Authorizing auditor's office to
promulgate legislative rule relating to transaction fee and rate
structure.
And,
Senate Bill No. 333, Authorizing auditor's office to
promulgate legislative rule relating to state purchasing card
program.
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,
Walt Helmick,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Jenkins, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 338, Authorizing consolidated public
retirement board to promulgate legislative rule relating to state police disability determination and appeal process.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
Evan H. Jenkins,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Bill No. 484, Requiring motor vehicle license plates
contain yellow outline of state.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 484 (originating in the
Committee on Transportation)--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.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Mike Ross,
Chair.
The bill (Com. Sub. for S. B. No. 484), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 18, Requesting Division of
Highways name bridge on Route 60 spanning Kelly Creek in Cedar
Grove "Dr. Otis K. Rice Bridge".
Senate Concurrent Resolution No. 20, Requesting Division of
Highways name bridge over Little Sandy Creek, near Elkview, "Dewey
Russell Crowder Bridge".
And,
Senate Concurrent Resolution No. 22, Requesting Division of
Highways name bridge on Turnpike at Sharon "Tony DeRaimo Memorial
Bridge".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Mike Ross,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Chafin, Sprouse and Snyder:
Senate Bill No. 495--A Bill to amend and reenact §18-2-6a of
the code of West Virginia, 1931, as amended, relating to specifying
beverages allowed to be sold or furnished in schools.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Fanning and Facemyer:
Senate Bill No. 496--A Bill to amend and reenact §20-2-5 of
the code of West Virginia, 1931, as amended, relating to allowing
coyote hunting by use of amber-colored artificial light with
certain restrictions.
Referred to the Committee on Natural Resources.
By Senator Jenkins:
Senate Bill No. 497--A Bill to amend and reenact §5-10D-1 of
the code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new article, designated §16-5U-1, §16-5U-2,
§16-5U-3, §16-5U-4, §16-5U-5, §16-5U-6, §16-5U-7, §16-5U-8,
§16-5U-9, §16-5U-10, §16-5U-11, §16-5U-12, §16-5U-13, §16-5U-14, §16-5U-15, §16-5U-16, §16-5U-17, §16-5U-18, §16-5U-19, §16-5U-20,
§16-5U-21, §16-5U-22, §16-5U-23, §16-5U-24, §16-5U-25, §16-5U-26,
§16-5U-27, §16-5U-28, §16-5U-29, §16-5U-30, §16-5U-31, §16-5U-32,
§16-5U-33 and §16-5U-34, all relating to the consolidated public
retirement board; providing that the board administer the emergency
medical services retirement system; reflecting the long-standing
fiduciary obligation of consolidated public retirement board
members to the plans they administer; clarifying the personal
liability of board members to the retirement plans they administer;
clarifying that board members shall discharge their duties in
accordance with the law; establishing the emergency medical
services retirement system; setting forth definitions; providing
effective dates; establishing federal qualification requirements;
providing for liberal construction; providing that plan is not a
substitute for social security; providing for and setting
membership standards; setting forth required contributions from
members and employers; creating fund and providing for investments;
providing for transfer from public employees retirement; setting
time limits; setting forth notice requirements and requiring a test
case; commencement of benefits; federal law maximum benefit
limitations and minimum required distributions; direct rollovers;
providing for retirement credited through member's use of accrued
annual or sick leave; providing for retirement benefits; setting
forth annuity options; providing for refunds in certain circumstances; deferred retirement; forfeitures; awards and
benefits for duty-related disability and from other causes;
physical examinations; termination of disability; prior disability;
awards and benefits to surviving spouse; additional death benefits
and scholarships for dependent children; burial benefit;
prohibiting double death benefits; loans to members; exemption from
taxation, garnishment and other process; qualified domestic
relation orders; fraud; criminal penalties; repayment; treatment of
prior military service; pro rata reduction of annuities; effective
date; starting date for benefits; limitation of county liability;
and providing for no forfeiture of benefits if system terminates.
Referred to the Committee on Pensions; and then to the
Committee of Finance.
By Senators Fanning and Rowe:
Senate Bill No. 498--A Bill to amend and reenact §20-5-2 of
the code of West Virginia, 1931, as amended, relating to permitting
the sale of timber severed in a state park incidental to
construction activities.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Fanning and Rowe:
Senate Bill No. 499--A Bill to amend and reenact §20-2-46e of
the code of West Virginia, 1931, as amended, relating to special
hunting permit for disabled persons.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senator Fanning (By Request):
Senate Bill No. 500--A Bill to amend and reenact §20-2-32,
§20-2-33 and §20-2-34 of the code of West Virginia, 1931, as
amended, all relating to the issuance of hunting and fishing
licenses; and amount and disposition of fees.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
Senators Helmick, Fanning, Rowe, Ross, Sharpe, Love, Jenkins,
White, Caldwell, Kessler, Plymale, Bowman, Prezioso, Dempsey,
Facemyer, Oliverio, Hunter, Harrison, Minear, McKenzie, Unger,
Minard, McCabe, Chafin, Edgell and Tomblin (Mr. President) offered
the following resolution:
Senate Concurrent Resolution No. 34--Designating Cass Scenic
Railroad State Park's Shay No. 5 steam locomotive as the official
state steam locomotive of West Virginia and 2005 as the "Year of
the Shay No. 5".
Whereas, The Shay No. 5 steam locomotive is the oldest
operating steam locomotive in West Virginia; and
Whereas, The Shay No. 5 steam locomotive was originally built
in November, 1905, for the Greenbrier and Elk River Railroad by the
Lima Locomotive Works of Lima, Ohio; and
Whereas, The Shay No. 5 steam locomotive has served the town of Cass since it was brought into service nearly 100 years ago; and
Whereas, The Shay No. 5 steam locomotive has been owned by the
West Virginia Spruce Lumber Company, a subsidiary of the West
Virginia Pulp & Paper Company, and the Mower Lumber Company; and
Whereas, Just as the steam locomotive revolutionized timbering
operations in the Allegheny forests in the last century by
replacing work animals and flood-borne logging operations, it was
replaced by newer and more efficient technologies; and
Whereas, On any morning as the sun breaks through the fog in
the rugged mountains of Pocahontas County, visitors to Cass are
swept back in time when they hear the sounds, whistles and gears of
this majestic steam locomotive as the crew prepares the old Shay
No. 5 for another journey; and
Whereas, The Shay No. 5 steam locomotive is an important
historical artifact and a wonderfully preserved example of the
technology of the early twentieth century; and
Whereas, Designating the Shay No. 5 steam locomotive as the
official steam locomotive of West Virginia is a tribute to the
history of timbering in this state and the expertise and dedication
of the people who built, operated, maintained and preserved the
Shay No. 5 steam locomotive for our generation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby designates Cass Scenic Railroad
State Park's Shay No. 5 steam locomotive as the official state steam locomotive of West Virginia and 2005 as the "Year of the Shay
No. 5".
Which, under the rules, lies over one day.
At the request of Senator Chafin, unanimous consent being
granted, Senator Chafin addressed the Senate regarding the return
of the Honorable Billy Wayne Bailey, Jr., a senator from the ninth
district.
The Senate then resumed business under the sixth order.
Petitions
Senator Weeks presented a petition from Elizabeth Rotenberry
and numerous retired school employees, requesting the Legislature
provide an annual cost-of-living adjustment to the pensions of
retired school employees.
Referred to the Committee on Pensions.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 221, Establishing Public-Private
Transportation Act of 2004.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 221 (originating in the
Committee on Economic Development)--A Bill to amend the code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-
27-6, §17-27-7, §17-27-8, §17-27-9, §17-27-10, §17-27-11, §17-27-
12, §17-27-13, §17-27-14, §17-27-15, §17-27-16, §17-27-17, §17-27-
18, §17-27-19, §17-27-20 and §17-27-21, all relating to
establishment of the public-private transportation facilities act
of two thousand four; setting forth legislative findings and
purposes; defining terms; providing prerequisites for development
of a transportation facility; creating public-private
transportation oversight committee; creating the powers and duties
of the committee; providing for the submission of proposals and
approval by the committee; providing for service contracts;
providing for the dedication of public property; setting forth the
powers and duties of a developer; requiring a comprehensive
agreement; providing for federal, state and local assistance;
addressing material default and remedies; prohibiting governmental
entities from pledging full faith and credit; providing for the
exercise of condemnation; addressing utility crossings and
relocations; addressing dedication of assets; providing for an
exemption from purchasing rules; qualifying transportation
facilities as public improvements; providing for an exemption of
qualifying transportation facilities from taxation; setting forth a termination date; and addressing construction and severability.
With the recommendation that the committee substitute 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 (Com. Sub. for S. B. No. 221), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Jenkins, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 501 (originating in the Committee on
Pensions)--A Bill to amend and reenact §5-10A-2 and §5-10A-3 of the
code of West Virginia, 1931, as amended; and to amend said code by
adding thereto a new section, designated §5-10A-11, all relating to
the disqualification of members for benefits for less than
honorable service; adding the West Virginia state police retirement
system, the teachers' defined contribution retirement system and
the deputy sheriff retirement system to the definition of
"retirement plan"; increasing time to issue notice to terminate
benefits; and requiring prosecuting attorneys to notify retirement
board of convictions or other disqualifying event.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Evan H. Jenkins,
Chair.
Senator Jenkins, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 502 (originating in the Committee on
Pensions)--A Bill to amend and reenact §18-7B-7, §18-7B-9, §18-7B-
11 and §18-7B-16 of the code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated
§18-7B-20, all relating to the rights of members of the teachers'
defined contribution retirement system; clarifying membership;
permitting periodic payment distributions; prohibiting involuntary
distributions; clarifying service credit for vesting and suspension
account; and clarifying forfeiture money payment.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Evan H. Jenkins,
Chair.
On motion of Senator Jenkins, the bill (S. B. No. 502)
contained in the foregoing report from the Committee on Pensions was then referred to the Committee on Finance.
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. 35 (originating in the
Committee on Transportation)--Requesting the Division of Highways
name Route 24 from Interstate 79 to the Smith Chapel Church as
"Warner Road" in honor of Barbara Ann Warner, a delegate from the
forty-first delegate district.
Whereas, The Honorable Barbara Warner, a democrat from
Bridgeport, Harrison County, was elected to the House of Delegates
in 1988 and reelected in 1992, 1994, 1996, 1998, 2000 and 2002; and
Whereas, The Honorable Barbara Warner has served as Chair of
the House Committee on Roads and Transportation; and
Whereas, The Honorable Barbara Warner is the proud mother of
two children;
Whereas, Delegate Warner is a member in good standing of
Rotary, West Virginia Mining and Reclamation, USCO, NFIB, LOOM,
Harrison County Homemakers, West Virginia Chamber of Commerce,
Governor's Office of Community and Industrial Development Advisory
Board and West Virginia High Technology Consortium. She was a
recipient of the Harley O. Staggers National Transportation Center
Award and a 1986 White House Conference on Small Business Delegate;
and
Whereas, Barbara Warner, both publicly and privately, has
contributed greatly to the quality of life in Harrison County and
the State of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name Route 24 from Interstate 79 to the Smith Chapel Church as
"Warner Road" in honor of Barbara Ann Warner, a delegate from the
forty-first delegate district; and, be it
Further Resolved, That the Division of Highways provide and
erect a sign at either end of that portion of Route 24 from
Interstate 79 to the Smith Chapel Church designating it as "Warner
Road"; 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 Honorable Barbara
Warner.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Mike Ross,
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. 36 (originating in the
Committee on Transportation)--Requesting the Division of Highways
name the bridge on Interstate 68 spanning Route 7 at the Sabraton
Exit the "James and Virginia Herring Memorial Bridge".
Whereas, James and Virginia Herring were lifelong residents of
Preston County; and
Whereas, James and Virginia Herring were active in the
community, both in the counties of Preston and Monongalia, and in
the city of Morgantown; and
Whereas, James Herring retired from Rockwell International
(also known as the Sterling Manufacturing Company) after 22 years
of service, then served another seven years part-time for West
Virginia University; and Virginia Herring retired after 20 years of
active service in higher education for West Virginia University;
and
Whereas, James and Virginia Herring were proud of their West
Virginia heritage, contributing greatly to the quality of life in
West Virginia, raising their family and celebrating their sixty-
ninth wedding anniversary in 2003; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on Interstate 68 spanning Route 7 at the Sabraton
Exit the "James and Virginia Herring Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways provide and erect a sign at either end of the bridge on Interstate 68 spanning
Route 7 designating it as "James and Virginia Herring 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 and to the family of the late
James and Virginia Herring.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Mike Ross,
Chair.
The Senate again proceeded to the sixth order of business.
Petitions
Senators White and Love presented a petition from Priscilla
Asbury and the Loup Creek Watershed Association, opposing weakening
state water quality rules.
Referred to the Committee on Natural Resources.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 31, Designating April 24,
2004, and every year thereafter, "Local Firefighters Day".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 33, Urging manufacturers and dealers of all-terrain vehicles design, test and offer roll bars as
optional equipment.
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.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 52, Allowing motorcycle
registration plates to be fastened in vertical position.
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: 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, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 52) 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. 181, Permitting retired
state police to carry concealed weapon for life.
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: 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, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 181) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 208, Allowing state police to
engage in certain political activities while off duty and out of
uniform.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Monday, February 9, 2004, for amendments to be received on third reading, was reported by the
Clerk.
There being no amendments offered,
The bill was then ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 208 was
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, 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: Deem--1.
Absent: None.
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. 208) 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. 404, Clarifying term
"behavioral health services"; removing "community care services".
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: 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, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 404) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 448, Relating to higher education
advisory boards generally.
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: 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, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 448) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 448) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 469, Continuing interstate commission on
uniform state laws.
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: 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, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 469) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 470, Continuing real estate appraiser
licensing and certification board.
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: 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, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 470) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 471, Continuing state board of risk and
insurance management.
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: 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, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 471) 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.
Senate Bill No. 428, Defining "transacting insurance".
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Banking and Insurance, were reported by the Clerk, considered
simultaneously, and adopted:
On page two, section four, line three, after the word "state"
by changing the period to a colon;
On page two, section four, lines three through five, by
striking out the following: "Wherever the words 'business of
insurance' appear in this chapter, it shall mean transacting
insurance:";
And,
On page four, section four, after line forty-five, by adding
a new subsection, designated subsection (d), to read as follows:
(d) Wherever the words "business of insurance" appear in this
chapter, these words mean "transacting insurance".
The bill (S. B. No. 428), as amended, was then ordered to
engrossment and third reading.
Eng. House Bill No. 4131, Requiring certain reporting to the
legislative oversight commission on workforce investment for
economic development.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Ross, Prezioso, Weeks and
Hunter.
Thereafter, at the request of Senator Bowman, and by unanimous
consent, the remarks by Senator Prezioso were ordered printed in
the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Sprouse, the name of Senator Sprouse
was removed as a sponsor of Senate Bill No. 495 (Relating to
limitations on beverages in school).
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, February 11, 2004, at 11 a.m.
____________