WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

THIRTY-FOURTH DAY

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Charleston, W. Va., Monday, February 16, 2004

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

     Prayer was offered by Bishop Gordon Ford, Sr., Faith Cathedral of Praise, Rand, West Virginia.
     The Madrigal Choir of Princeton High School, Princeton, West Virginia, then proceeded in the singing of "West Virginia Hills" and "Gloria".
     Pending the reading of the Journal of Friday, February 13, 2004,
     On motion of Senator Facemyer, 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 Senate then 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. 4160--A Bill to amend and reenact §9-6-9 of the code of West Virginia, 1931, as amended, relating to investigating and interviewing alleged adult victims of abuse or neglect.
     Referred to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4286--A Bill to repeal §33-16-3c of the code of West Virginia, 1931, as amended, relating to mental health parity.
     Referred to the Committee on Banking and Insurance.
     A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 19--Requesting the Division of Highways name the replacement bridge on Sellers Run Road in Tyler County the "E. Glenn Moore Memorial Bridge".
     Whereas, E. Glenn Moore was a lifelong resident of Tyler County who was well-known and loved in the county and the state and who, with his wife, Ruth, raised three children while contributing his time, efforts and money to many worthwhile work, church and community projects; and
     Whereas, E. Glenn Moore was President of Local #698 of Union Carbide for many years and worked tirelessly for his union members and their families to better working conditions, wages and benefits; and
     Whereas, E. Glenn Moore helped to organize the Long Reach Employees Federal Credit Union and served as its board president for many years; and
     Whereas, E. Glenn Moore attended Archer's Chapel, served for 25 years as superintendent of Little Church and was instrumental in the construction of new Sunday school rooms and bathrooms for these churches; and
     Whereas, E. Glenn Moore supported the youth of his county and state by organizing the building of a gymnasium in Friendly where kids could play ball, by serving as project leader for the 4-H Club for many years and by encouraging his children, nieces and nephews to obtain their college educations; and
     Whereas, E. Glenn Moore and his wife, Ruth, petitioned AT&T to extend toll-free calling in Tyler County to New Martinsville, thus saving money for their neighbors; and
     Whereas, E. Glenn Moore and his wife, Ruth, organized the first Heritage and Historical Society in Tyler County and helped negotiate the events which turned the former Tyler County High School into what is now the Tyler County Museum; and
     Whereas, It is fitting that this bridge, as requested by his family, friends, coworkers, neighbors and the Tyler County Commission, which is located on a portion of his widow's property, be named for this true West Virginia gentleman who touched so many lives and left his mark on the hearts of all who knew him; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways name the replacement bridge on Sellers Run Road in Tyler County the "E. Glenn Moore Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "E. Glenn Moore Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of E. Glenn Moore.
     Referred to the Committee on Transportation.
     A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 20--Dedicating and naming an existing bridge situate approximately one and four-tenths miles up Elk Creek in Delbarton, Mingo County, West Virginia, to John Hunt.
     Whereas, John Hunt was a lifelong resident of Elk Creek, Delbarton, West Virginia; and
     Whereas, Elk Creek, Delbarton, Mingo County, and the State of West Virginia all lost a good citizen and friend on June 4, 2003, with the passing of John Hunt; and
     Whereas, John Hunt was born to Elbert and Parlee Hunt on January 6, 1924; and
     Whereas, John Hunt spent much of his time in service to his community and to Mingo County; and
     Whereas, John Hunt served honorably in World War II where he received the Purple Heart medal and the Bronze Star medal; and
     Whereas, John Hunt was a member of the Elk Creek Freewill Baptist Church where he also served as pastor for the last forty-five years of his life; and
     Whereas, John Hunt was also a retired coal miner and sat on the 2nd Mingo Conference for forty years; and
     Whereas, John Hunt was a devoted family man, married to Vicie Curry, father of six children, grandfather of eight grandchildren and great grandfather to nine great grandchildren; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the existing bridge situate approximately one and four-tenths miles up Elk creek in Delbarton, Mingo County, West Virginia, be dedicated to the memory of John Hunt and that it henceforth be known as the John Hunt Memorial Bridge; and, be it
     Further Resolved, That the Clerk of the House of Delegates be hereby directed to forward a copy of this resolution to the West Virginia Department of Highways, to the Mingo County Commission and to the family of John Hunt.
     Referred to the Committee on Transportation.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
     By Senator Kessler:
     
Senate Bill No. 533--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §28-7-4, relating to authorizing the division of corrections to charge a fee of up to one hundred dollars to incarcerated offenders applying for transfer under the interstate compact for the supervision of adult offenders.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Deem:
     
Senate Bill No. 534--A Bill to amend and reenact §29-22B-1902 of the code of West Virginia, 1931, as amended, relating to allowing a county commission to provide, by ordinance, for regulation and restriction of the location of any premises in which a limited video lottery retailer holds a license.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Snyder, Tomblin (Mr. President) and Rowe:
     
Senate Bill No. 535--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-4-1a, relating to creation of the capitol preservation fund; and providing for a voluntary check-off on personal and corporate income tax return forms for donations from tax refunds to be used as funding for the capitol preservation fund.
     Referred to the Committee on Finance.
     By Senators Love, Sharpe, Edgell, Minear, Minard and Ross:
     
Senate Bill No. 536--A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state and directing the auditor to issue warrants for the payment thereof.
     Referred to the Committee on Finance.
     By Senators Dempsey, White, Hunter, Sprouse and Unger:
     
Senate Bill No. 537--A Bill to amend and reenact §18-5-45 of the code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-3, all relating to funding salaries of principals for two hundred twenty days.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Rowe and Hunter:
     
Senate Bill No. 538--A Bill to amend and reenact §33-2-17 of the code of West Virginia, 1931, as amended; and to amend and reenact §33-20-3 of said code, all relating to establishing the authority of the office of consumer advocacy involving insurance matters over premium rate increases as well as other consumer- related insurance matters; and prohibiting premium rate setting on the basis of an individual credit report.
     Referred to the Committee on Banking and Insurance.
     Senators Tomblin (Mr. President), Rowe, Kessler, Smith, Ross, Oliverio, Snyder, Hunter, Jenkins, Dempsey, McKenzie, Weeks, Caldwell and Unger offered the following resolution:
     Senate Concurrent Resolution No. 42--Requesting the Governor proclaim the fourth Friday of April, 2004, as "Children's Memorial Flag Day" in the State of West Virginia.
     Whereas, Tragic acts of violence against children are occurring with increasing frequency throughout the State of West Virginia and the United States. These violent acts are destroying innocent lives and devastating families and communities; and
     Whereas, Too many of West Virginia's children have been lost in violent, preventable deaths through guns, fire, automobile accidents, physical violence and suicide; and
     Whereas, In celebration of life, diversity and hope for the future, the citizens of West Virginia should condemn acts of violence committed against our children; and
     Whereas, A Children's Memorial Flag has been obtained by the State of West Virginia and should be flown on the fourth Friday of April, 2004, in remembrance of young lives lost in senseless acts of violence; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Governor proclaim the fourth Friday of April, 2004, as "Children's Memorial Flag Day" in the State of West Virginia; and, be it
     Further Resolved, That the Children's Memorial Flag be flown on the fourth Friday of April, 2004, in remembrance of those young lives lost in senseless acts of violence; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor of the State of West Virginia.
     At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
     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 seventh order of business.
     Senate Concurrent Resolution No. 40, Requesting Division of Highways rename Tallman Bridge at Sellers Run Road, Tyler County, "E. Glen Moore Memorial Bridge".
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation.
     Senate Concurrent Resolution No. 41, Affirming religious tolerance is official policy of State.
     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. 71, Relating to verifying legal employment status of workers employed in state.
     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. 71) 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. 479, Relating to licensing foreign insurers.
     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. 479) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the ninth order of business.
     Com. Sub. for Senate Bill No. 240, Providing certain public governing bodies need not require second to motion.
     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. 271, Relating to racial profiling data collection.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 526, Making supplementary appropriation of public moneys from unappropriated surplus balance in general revenue to division of rehabilitation services.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     The Senate proceeded to the tenth order of business.
     Senate Bill No. 276, Establishing marriage license discount for applicants who complete approved premarital counseling.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Com. Sub. for Senate Bill No. 425, Establishing English as official state language.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 509, Relating to property sold at sheriff's sale.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     At the request of Senator Plymale, and by unanimous consent, the Senate returned to the sixth order of business.
Petitions

     Senator Plymale presented a petition from Rufus Waller and numerous Wayne County residents, supporting consumer protection legislation relating to the insurance industry.
     Referred to the Committee on Banking and Insurance.
     Following a point of inquiry to the President, with resultant response thereto.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senators Plymale, McKenzie and Prezioso.
     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.
     Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, February 17, 2004, at 11 a.m.
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