WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
THIRTY-FOURTH DAY
____________
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.
____________