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.
____________