WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

THIRTIETH DAY

____________

Charleston, W. Va., Thursday, February 12, 2004

     The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by Dr. Earl Hissom III, Hissom Tabernacle Church, Charleston, West Virginia.
     Pending the reading of the Journal of Wednesday, February 11, 2004,
     On motion of Senator Weeks, 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 Risk and Insurance Management, submitting its annual actuarial report on the medical liability program as required by chapter twenty-nine, article twelve, section five 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 Coal Heritage Highway Authority, submitting its annual report, in accordance with chapter twenty-nine, article twenty-eight, section twelve of the code of West Virginia.
     Which report was received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Department of Health and Human Resources, submitting its report on the legislative changes made to the mental hygiene judicial process as required by chapter twenty-seven, article five, 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 Office of Tax Appeals, submitting its annual report, in accordance with chapter eleven, article ten-a, section seven 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 passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 3150--A Bill to amend and reenact §5-22-1 of the code of West Virginia, 1931, as amended; to amend and reenact §5-22A-10 of said code; to amend and reenact section §7- 11B-14 of said code; and to amend and reenact §38-2-39 of said code, all relating to requirements for performance, payment, bid and surety bonds.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     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. House Bill No. 4011--A Bill to amend and reenact §11-21-9 of the code of West Virginia, 1931, as amended, relating to updating the meaning of certain terms used in the West Virginia personal income tax act by bringing them into conformity with their meanings for federal income tax purposes; and updating effective date.
     Referred 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. House Bill No. 4012--A Bill to amend and reenact §11-24-3 of the code of West Virginia, 1931, as amended, relating to updating meaning of federal taxable income and certain other terms used in West Virginia corporation net income tax act by bringing them into conformity with their meanings for federal income tax purposes; and specifying effective date.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4086--A Bill to amend and reenact §9A-1-2 and §9A-1-3 of the code of West Virginia, 1931, as amended, all relating to including Gulf War and Afghanistan conflict veterans on the veterans' 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 from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4348--A Bill expiring funds to the treasurer's office - banking services fund 1322, fiscal year 2004, organization 1300, for the fiscal year ending June 30, 2004, in the amount of $4,400,000 from the treasurer's office - unclaimed property trust fund, fund 1342, fiscal year 2004, organization 1300.
     Referred 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. House Bill No. 4349--A Bill to amend and reenact §11-15-9 of the code of West Virginia, 1931, as amended; to amend and reenact §11-15B-2, §11-15B-2a, §11-15B-15, 11-15B-30, 11-15B-32 and §11-15B-36 of said code; and to amend said code by adding thereto two new sections, designated §11-15B-19 and §11-15B-20, all relating generally to consumers sales and service tax; clarifying that exemption from tax for durable medical goods, mobility enhancing equipment and prosthetic devices purchased with prescription was not intended to be repealed when house bill 3014 was enacted during the 2003 regular session of the Legislature; deleting language made obsolete when that bill was enacted; making technical corrections in streamlined sales and use tax administration act; updating certain definitions used in that act; providing sourcing rules and definitions for telecommunications services and retail floral sales based on streamlined sales and use tax agreement; clarifying application of hold harmless rule; deleting obsolete language; and specifying effective date.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4350--A Bill to amend and reenact §15-2-50 of the code of West Virginia, 1931, as amended, relating to continuation of the West Virginia state police.
     Referred to the Committee on Government Organization.
     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. 4351--A Bill to amend and reenact §17-24-6 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17-24-10, all relating to continuation of the waste tire remediation program.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     The Senate proceeded to the fourth order of business.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 240, Providing certain public governing bodies need not require second to motion.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 240 (originating in the Committee on Government Organization)--A Bill to amend and reenact §6-9A-8 of the code of West Virginia, 1931, as amended, relating to boards and commissions; and providing that governing bodies of public agencies need not have a second to a motion if the governing body has seven or less members.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               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. 271, Relating to racial profiling by police during traffic stop.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 271 (originating in the Committee on the Judiciary)--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §17F-1-1, §17F-1-2, §17F-1-3, §17F-2-1, §17F-2-2 and §17F-2-3, all relating to racial profiling data collection; defining terms; requiring law-enforcement officers to collect certain data during traffic stops; requiring the division of motor vehicles to compile the data collected; requiring director of the governor's committee on crime, delinquency and correction to conduct analysis of data obtained during traffic stops; requiring promulgation of legislative rules; and providing for annual report.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 280, Creating Consolidated Fund Investment Act.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but with the further recommendation that it first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     On motion of Senator Bowman, the bill (S. B. No. 280) contained in the foregoing report from the Committee on Government Organization was then referred to the Committee on Finance, with amendments from the Committee on Government Organization pending.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 316, Providing procedures for determining daily cost for certain inmates.
     And reports the same back without recommendation as to passage; but with the recommendation that it first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     On motion of Senator Bowman, the bill (S. B. No. 316) contained in the foregoing report from the Committee on Government Organization was then referred to the Committee on Finance.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 325, Authorizing board of accountancy to promulgate legislative rule relating to board of rules of professional conduct.
     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,
                               Edwin J. Bowman,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 326, Authorizing department of administration to promulgate legislative rule relating to leasing space on behalf of state spending units.
     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,
                               Edwin J. Bowman,
                               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 Government Organization pending.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 327, Authorizing department of administration to promulgate legislative rule relating to parking.
     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,
                               Edwin J. Bowman,
                               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 Government Organization pending.
     Senator Edgell, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration
     Senate Bill No. 328, Authorizing commissioner of agriculture to promulgate legislative rule relating to frozen desserts and imitation frozen desserts.
     Senate Bill No. 329, Authorizing commissioner of agriculture to promulgate legislative rule relating to dairy products and imitation dairy products.
     And,
     Senate Bill No. 330, Authorizing commissioner of agriculture to promulgate legislative rule relating to seed law.
     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,
                               Larry J. Edgell,
                               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. 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 the Judiciary.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary.
     Senator Sharpe, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
     Your Committee on Energy, Industry and Mining has had under consideration
     Senate Bill No. 354, Authorizing fire marshal to promulgate legislative rule relating to certification of electrical inspectors.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; 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,
                               William R. Sharpe, Jr.,
                               Chair.
     The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary, with an amendment from the Committee on Government Organization pending.
     Senator Sharpe, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
     Your Committee on Energy, Industry and Mining has had under consideration
     Senate Bill No. 376, Authorizing board of examiners of land surveyors to promulgate legislative rule relating to minimum standards for practice of land surveying.
     And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be rereferred to the Committee on the Judiciary.
                              Respectfully submitted,
                               William R. Sharpe, Jr.,
                               Chair.
     On motion of Senator Sharpe, the bill (S. B. No. 376) contained in the foregoing report from the Committee on Energy, Industry and Mining was then rereferred to the Committee on the Judiciary.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 378, Authorizing board of landscape architects to promulgate legislative rule relating to board.
     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,
                               Edwin J. Bowman,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 382, Authorizing manufactured housing construction and safety standards board to promulgate legislative rule relating to board.
     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,
                               Edwin J. Bowman,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 390, Authorizing board of optometry to promulgate legislative rule relating to board.
     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,
                               Edwin J. Bowman,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 391, Authorizing board of examiners of psychologists to promulgate legislative rule relating to fees.
     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,
                               Edwin J. Bowman,
                               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 Sharpe, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
     Your Committee on Energy, Industry and Mining has had under consideration
     Senate Bill No. 392, Authorizing public service commission to promulgate legislative rule relating to transportation of coal by commercial motor vehicles.
     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,
                               William R. Sharpe, Jr.,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 395, Authorizing records management and preservation board to promulgate legislative rule relating to general management and preservation of county records.
     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,
                               Edwin J. Bowman,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
     By Senators McCabe, Minard and Unger:
     
Senate Bill No. 513--A Bill to amend and reenact §12-7-4, §12- 7-6, §12-7-8a and §12-7-11 of the code of West Virginia, 1931, as amended, all relating to the jobs investment trust board; board composition; board corporate powers; and information disclosure.
     Referred to the Committee on Finance.
     By Senators Bowman, McKenzie, Hunter and Unger:
     
Senate Bill No. 514--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-9, relating to authorizing the superintendent of the West Virginia state police to operate a voluntary contribution fund for designated beneficiaries of deceased officers; providing legislative findings and a statement of legislative intent; providing for voluntary contributions to and payments from the fund; authorizing the creation and maintenance of a bank account for the fund; and authorizing the superintendent to develop forms and internal procedures for the operation of the voluntary contribution fund.
     Referred to the Committee on Finance.
     By Senators Kessler, Snyder, Harrison, Deem, Hunter, Jenkins, Oliverio, Ross, Weeks, Love, Rowe and Minard:
     
Senate Bill No. 515--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5a, relating to requiring the ethics commission to establish a code of conduct for state administrative law judges, including civil penalties and sanctions for violations.
     Referred to the Committee on the Judiciary.
     By Senators Unger, Snyder and Rowe:
     
Senate Bill No. 516--A Bill to establish the West Virginia eastern panhandle highway authority to include representatives from Berkeley, Jefferson and Morgan counties; appointment of officers; and powers of authority.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Minard:
     
Senate Bill No. 517--A Bill to amend and reenact §33-13-30a of the code of West Virginia, 1931, as amended, relating to standard nonforfeiture law for individual deferred annuities.
     Referred to the Committee on Banking and Insurance.
     By Senators McCabe, White, Bowman, Unger and Dempsey:
     
Senate Bill No. 518--A Bill to amend and reenact §8-14-2a of the code of West Virginia, 1931, as amended; and to amend and reenact §8-15-10a of said code, all relating to policemen and firemen who are required to work during holidays; and compensation.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Unger, Oliverio and Harrison:
     
Senate Bill No. 519--A Bill to amend and reenact §11-16-19 of the code of West Virginia, 1931, as amended; and to amend and reenact §60-6-9 of said code, all relating to prohibiting open nonintoxicating beer and alcoholic beverage containers in passenger areas of motor vehicles; providing a penalty for violation; and making the state's laws applying to the use and possession of beer and alcoholic beverages in motor vehicles conform to federal law.
     Referred to the Committee on the Judiciary.
     By Senators Sprouse, McKenzie, Rowe and Unger:
     
Senate Bill No. 520--A Bill to amend and reenact §17A-3-14 of the code of West Virginia, 1931, as amended, relating to providing special license plates for United States armed services retirees.
     Referred to the Committee on Transportation; and then to the Committee on Finance.
     By Senators Dempsey, Weeks and Sprouse:
     
Senate Bill No. 521--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2B-5, relating to prohibiting any person who is not a physician licensed to practice in this state from performing an abortion; and providing a penalty for same.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Sprouse:
     
Senate Bill No. 522--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §10-3-3, relating to prohibiting the renaming or rededication of certain monuments and memorials.
     Referred to the Committee on Government Organization.
     By Senators Sprouse and Harrison:
     
Senate Bill No. 523--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-15a, relating to personal income tax credits; and allowing a credit against a taxpayer's tax liability for performing volunteer work for nonprofit organizations.
     Referred to the Committee on Finance.
     By Senators Tomblin (Mr President) and Dempsey:
     
Senate Bill No. 524--A Bill to amend and reenact §18B-2B-4 of the code of West Virginia, 1931, as amended; and to amend and reenact §18C-7-4 of said code, all relating to changing the appointment process for certain members of the council for community and technical college education and the PROMISE scholarship board of control.
     Referred to the Committee on Education.
     By Senators Oliverio and Unger:
     
Senate Bill No. 525--A Bill to amend and reenact §7-1-3ff of the code of West Virginia, 1931, as amended, relating to county regulation of abandoned and dilapidated properties; allowing owners sixty days to comply with an order of the county commission; and providing a civil penalty on owners of property who fail to comply with an order after sixty days.
     Referred to the Committee on the Judiciary.
     By Senators Bowman, McKenzie and Kessler:
     
Senate Joint Resolution No. 7--Proposing an amendment to the Constitution of the State of West Virginia, amending section 1, article X thereof, relating to allowing the county of Ohio to institute a two-rate property tax levy to replace current constitutional property tax levies in that county only; requiring approval by the voters of Ohio County; permitting lower rates on improvements than on land; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
     Referred to the Committee on Finance.
     Senator Chafin offered the following resolution:
     Senate Concurrent Resolution No. 38--Requesting the Division of Highways name the bridge, known as the Harvey Street Bridge, crossing the Tug Fork River from Williamson, Mingo County, to Pike County, Kentucky, the "Julien and Antoine Gaujot Memorial Bridge".
     Whereas, Brothers Julien and Antoine Gaujot entered the service of their nation at Williamson, Mingo County; and
     Whereas, Captain Julien E. Gaujot, Troop K, 1st U. S. Cavalry, was assigned to Aqua Prieta, Mexico, to serve during the Mexican Campaign; and
     Whereas, On April 13, 1911, Captain Julien E. Gaujot crossed the field of fire to obtain the permission of the rebel commander to receive the surrender of the surrounded forces of Mexican Federals and escort such forces, together with five Americans held as prisoners, to the American line. He received the Congressional Medal of Honor on November 23, 1912; and
     Whereas, Corporal Antoine A. Gaujot, Company M, 27th Infantry, U. S. Volunteers, was assigned to San Mateo, Philippine Islands, to serve during the Philippine Insurrection; and
     Whereas, On December 19, 1899, Corporal Antoine A. Gaujot attempted, under heavy fire of the enemy, to swim a river for the purpose of obtaining and returning with a canoe. He received the Congressional Medal of Honor on February 15, 1911; and
     Whereas, As a tribute to the meritorious service of Captain Julian Gaujot and Corporal Antoine Gaujot, two brothers who were both recipients of the Congressional Medal of Honor for their heroic actions in two separate military combat engagements, it is fitting that a lasting memorial be erected; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Legislature hereby requests the Division of Highways name the bridge, known as the Harvey Street Bridge, crossing the Tug River from Williamson, Mingo County, to Pike County, Kentucky, the "Julian and Antoine Gaujot 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 "Julian and Antoine Gaujot 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 Hunter, McKenzie, Caldwell, Rowe, Oliverio, Unger, Dempsey, Jenkins, Ross, Kessler, Plymale, Helmick, Bowman, Edgell, Snyder, Bailey, Prezioso, McCabe, White, Fanning, Minard, Sharpe, Deem, Facemyer, Smith, Harrison, Love, Weeks, Boley, Guills, Minear, Sprouse, Chafin and Tomblin (Mr. President) offered the following resolution:
     Senate Resolution No. 13--Designating February 12, 2004, as "Social Work Day".
     Whereas, Social workers help millions of people address social and psychological problems in order to improve their lives; and
     Whereas, Social workers bridge the gap between resources and services for people who need them; and
     Whereas, Social workers shape numerous programs and policies that improve community life; and
     Whereas, Social workers use their education, training and commitment to strengthen individuals, families and communities and assist others in overcoming adversities to make a significant impact on the well-being of society; and
     Whereas, Social workers serve as advocates for the poor and disenfranchised who are not able or privileged to advocate for themselves; and
     Whereas, Social workers provide services in many settings, including private practices, family counseling centers, courts, nursing homes, hospices, mental health clinics, child welfare agencies, hospitals, schools and universities, prisons and corporations, as well as public and private agencies; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby designates February 12, 2004, as "Social Work Day"; and, be it
     Further Resolved, That the Senate hereby recognizes the many contributions of social workers, including their professionalism, dedication and commitment to those they serve; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials representing "Social Work Day".
     At the request of Senator Hunter, 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 resumed business under the sixth order.
     Senators Oliverio, McKenzie, Rowe, Minard, Hunter, Unger, Dempsey, Kessler, Plymale, Bowman, Prezioso, McCabe, Caldwell, Bailey, Edgell, White, Fanning, Jenkins, Sharpe, Helmick, Snyder, Ross, Deem, Facemyer, Smith, Weeks, Boley, Guills, Sprouse, Chafin, Minear and Tomblin (Mr. President) offered the following resolution:
     Senate Resolution No. 14--Designating February 12, 2004, as "West Virginia University Day".
     Whereas, West Virginia University is the state's flagship institution of higher education and the only such institution in the state classified as Doctoral/Research-Extensive by the Carnegie Foundation; and
     Whereas, West Virginia University educates nearly 31,500 students at campus locations in Morgantown, Keyser, Parkersburg, Montgomery and Charleston at the associate, baccalaureate, master's and doctoral levels; and
     Whereas, Enrollment at West Virginia University has reached record levels, while grade point averages and standardized test scores of incoming students have simultaneously increased; and
     Whereas, Nearly 40 percent of the state's new PROMISE Scholars chose to attend West Virginia University this academic year; and
     Whereas, West Virginia University is the anchor of West Virginia's research capacity, bringing nearly $1 billion into the state over the past 10 years and accounting for nearly 90 percent of the external dollars brought into West Virginia by higher education; and
     Whereas, With every dollar the state invests in West Virginia University, the University generates at least $10 spent in the West Virginia economy; and
     Whereas, West Virginia University is building a national reputation for research in biometrics, forensics, nanotechnology, neuroscience, biotechnology, alternative fuels, cancer and other fields; and
     Whereas, West Virginia University's externally funded research supports approximately 600-800 jobs annually; and
     Whereas, West Virginia University Extension Service offices in every county serve more than 130,000 state citizens a year; and
     Whereas, West Virginia University health professionals serve more than 250,000 people each year; and
     Whereas, West Virginia University's four health sciences schools train hundreds of West Virginians to serve as doctors, dentists, nurses, pharmacists, therapists and health technicians; and
     Whereas, West Virginia University alumni number nearly 150,000 around the world; therefore, be it
     Resolved by the Senate:
     That the Senate hereby designates February 12, 2004, as "West Virginia University Day"; and, be it
     Further Resolved, That the Senate hereby recognizes West Virginia University for its tremendous contributions to the State of West Virginia; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to David C. Hardesty, Jr., President of West Virginia University.
     At the request of Senator Oliverio, 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 Caldwell, and by unanimous consent, returned to the second order of business and the introduction of guests.
     The Senate again proceeded to the sixth order of business.
     Senators Unger, Dempsey, Snyder, Helmick, Sharpe and Ross offered the following resolution:
     Senate Resolution No. 15--Recognizing the outstanding philanthropical contributions of Evelyn S. Oates, prominent businesswoman, civic leader and dedicated West Virginian.
     Whereas, Evelyn S. Oates, a resident of Martinsburg, Berkeley County, has been actively involved in the business community of Martinsburg for over 50 years in the management of Martinsburg Lumber Company; and
     Whereas, Evelyn S. Oates has been, and continues to be, an outstanding contributor in her community. Her dedication to City Hospital in Martinsburg has played a vital role in the advancement and expansion of the Hospital; and
     Whereas, Evelyn S. Oates has served as a member of the City Hospital Board of Trustees. She has also served on the Gateway Regional Health System Board of Directors and the Gateway Foundation Board of Directors. Her interest in helping to maintain and expand health care facilities and services has improved the community; and
     Whereas, Evelyn S. Oates has been the recipient of many awards which have recognized her unselfish contributions and generous financial support to her community; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby recognizes the outstanding philanthropical contributions of Evelyn S. Oates, prominent businesswoman, civic leader and dedicated West Virginian; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Evelyn S. Oates.
     At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Petitions

     Senator Prezioso presented a petition from Pete Pauley and numerous West Virginia veterans, opposing Engrossed House Bill No. 4084 (West Virginia Pharmaceutical Availability and Affordability Act).
     Referred to the Committee on Health and Human Resources.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
     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. 526 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation of public moneys out of the treasury from the balance of moneys remaining as an unappropriated surplus balance in the state fund, general revenue, to the department of education and the arts - state board of rehabilitation - division of rehabilitation services, fund 0310, fiscal year 2004, organization 0932, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration
     Senate Concurrent Resolution No. 39 (originating in the Committee on Natural Resources)--Requesting the Joint Committee on Government and Finance study the state's water quality standards.
     Whereas, Water is a vital economic resource of equal or greater importance than any other mineral or natural resource; and
     Whereas, The state has a compelling interest in assuring that the quality of its water resources is maintained in a manner that both protects the state's natural resources and assures an adequate supply of safe, usable water for domestic, agricultural, commercial and industrial purposes; and
     Whereas, Water resources must be protected to meet the water needs of the people while maintaining and improving the state's natural systems; and
     Whereas, The policy of the state is to maintain reasonable standards of purity and quality of water in this state consistent with: (1) Public health and public enjoyment of the water resource; (2) propagation and protection of animal, bird, fish, aquatic and plant life; and (3) expansion of employment opportunities, maintenance and expansion of agriculture and provision of a permanent foundation for health and industrial development; and
     Whereas, The management and protection of our substantial water resources are carried out under federally delegated authority through the Federal Water Pollution Control Act and the National Pollutant Discharge Elimination System which require the state to establish and implement water quality standards consistent with the federal requirements; and
     Whereas, The Environmental Quality Board is charged with the responsibility of developing the water quality standards for the state; and
     Whereas, The water quality standards are complex and scientific in nature and generate much debate and controversy whenever amended or brought before the Legislature; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Legislature hereby requests the Joint Committee on Government and Finance study the state's water quality standards; and, be it
     Further Resolved, That the Joint Committee on Government and Finance establish a Joint Committee on Water Quality Standards that will undertake a comprehensive review of the state's water quality standards, including, but not limited to:
     1. Proposals to change the water quality standards as they relate to specific parameters or constituents for which water must be tested under a National Pollutant Discharge Elimination System permit;
     2. Determination of which waters are trout streams for purposes of inclusion or removal from a list of trout streams contained in the water quality standards; and
     3. The impact of the recent federal court cases on the development, amendment and passage by the Legislature of the state's water quality standards through the legislative rulemaking process; and, be it
     Further Resolved,
That the Joint Committee on Water Quality Standards be dedicated to comprehensively addressing West Virginia water quality. The Committee shall consist of five members each from the House of Delegates and the Senate, including the chairs of the Judiciary, Finance and Natural Resources committees, to be appointed by the Speaker of the House of Delegates and the President of the Senate, with the cochairs appointed from the appointees who do not chair the standing committees; and, be it
     Further Resolved, That the Joint Committee on Water Quality Standards shall have the following advisory members for the purposes of providing technical information: A chemist or chemical engineer, a biologist, a geologist, a hydrologist and a botanist. The advisory members shall be selected from relevant governmental agencies, including, but not limited to, the Department of Environmental Protection, the Division of Natural Resources and the Department of Agriculture, together with representatives of industry and the environmental community meeting the qualifications set forth above. The advisory appointments shall be made by the President of the Senate and the Speaker of the House of Delegates; and, be it
     Further Resolved, That the Joint Committee on Water Quality Standards report to the Joint Committee on Government and Finance on or before the thirty-first day of January, 2006, on the Committee's findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               John Pat Fanning,
                               Chair.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 37, Requesting Division of Highways place sign on Route 2, south of Market Street Bridge, Brooke County, stating "Harold Robert 'Bob' Henderson, Victim of DUI driver with eight previous DUI convictions Memorial".
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation.
     The Senate proceeded to the ninth order of business.
     Com. Sub. for Senate Bill No. 125, Permitting solicitation of certain state employees for contributions to certain campaigns in local or county elections.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 261, Allowing supplemental assessment on personal property in certain cases.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 501, Relating to disqualification for public retirement plan benefits; other provisions.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Jenkins, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     On page seven, section three, line nineteen, after the word "crime", by changing the semicolon to a colon, striking out the word "or" and inserting in lieu thereof the following proviso: Provided, That with respect to conduct which occurred prior to the effective date of this section no more than one year may have elapsed.;
     And,
     On page seven, section three, by striking out all of lines twenty and twenty-one.
     The bill (S. B. No. 501), as amended, was then ordered to engrossment and third reading.
     The Senate proceeded to the tenth order of business.
     Com. Sub. for Senate Bill No. 71, Relating to verifying legal employment status of workers employed in state.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 479, Relating to licensing foreign insurers.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senator Guills.
     Thereafter, at the request of Senator White, and by unanimous consent, the remarks by Senator Guills were ordered printed in the Appendix to the Journal.
     The Senate proceeded to the thirteenth order of business.
     Senator Chafin called attention to today being the birthday of Henry D. Winnell, Administrative Assistant to the Clerk, and on behalf of the Senate extended felicitations and good wishes to Henry D. Winnell, with Senator Sharpe leading the members in singing "Happy Birthday".
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, February 13, 2004, at 11 a.m.
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