WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
FORTY-FIRST DAY
____________
Charleston, W. Va., Monday, February 23, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Charles Morey, Fayetteville, West Virginia, proceeded in the
playing of "Amazing Grace" on the violin, accompanied by Bill
Bailey, Band Director, Woodrow Wilson High School, Beckley, West
Virginia, on the trumpet, and Tim Bailey, Beckley, West Virginia,
on the clarinet.
Pending the reading of the Journal of Friday, February 20,
2004,
On motion of Senator McKenzie, 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. Com. Sub. for House Bill No. 4156--A Bill to amend and
reenact §15-2B-3 and §15-2B-6 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section,
designated §15-2B-14, all relating to DNA testing for convicts
under certain circumstances.
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. Com. Sub. for House Bill No. 4257--A Bill to amend and
reenact §47-21-3 of the code of West Virginia, 1931, as amended,
relating to increasing the amount of prizes that may given and the
total annual gross proceeds that may be generated in the conduct of
raffles by charitable and public service organizations without a
license.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2004, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4271--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §18-5-22b, relating to permitting public and
private school students to self-administer asthma medication when
certain conditions are met; providing for revocation of permission;
limiting liability for injury; providing certain definitions; and
providing for state board rule.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4297--A Bill to amend and
reenact §18A-4-8e of the code of West Virginia, 1931, as amended,
relating to competency testing of service personnel; and clarifying
that county board of education and superintendent may designate
places for testing.
Referred to the Committee on Education.
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. 36--Requesting the Division of
Highways to name the newly constructed bridge over Dunkard Creek on
Route 39 in the western end of Monongalia County the "Robert C.
"Bob" Beach Memorial Bridge".
Whereas, Robert C. "Bob" Beach came to West Virginia from a
small mountain community in Boone, North Carolina, at the age of
five; and
Whereas, Robert C. "Bob" Beach, spending much of his youth in
the rural community of Fort Martin, just north of Morgantown, West
Virginia, attending local public schools, and both Potomac State
and West Virginia University, where he graduated in 1962 with a
bachelor of science degree in agricultural sciences; and
Whereas, After obtaining his degree, he found a teaching
position in the small community of Blacksville, West Virginia, at Clay-Battlle High School where he taught for 35 years. He acquired
considerable recognition as a teacher, receiving the "Outstanding
Contribution to Education" award and "Who's Who Among American
Teachers", to name a few; and
Whereas, Robert C. "Bob" Beach, as a function of his teaching
role, also acted as advisor to his much cherished Future Farmers of
America chapter at Clay-Battlle, receiving both the state Honorary
Star FFA and honorary American FFA degrees, as well as the National
Vocational Agriculture Teacher of Teachers silver star award; and
Whereas, In 1979, Robert C. "Bob" Beach settled in the
community of Core, West Virginia, along with his wife , Nancy Kay,
and their six children, thus fulfilling a lifelong dream to own his
own farm; and
Whereas, In 1990, Robert C. "Bob" Beach, desiring to enter
political life and further serve the residents of West Virginia,
sought out and was appointed to the West Virginia House of
Delegates by then Governor Gaston Caperton, thereafter winning
eight consecutive races for his 44th delegate district seat; and
Whereas, Having been appointed to chair the House Committee on
Agriculture, he assumed that office while also serving as a member
of the House Committee on Education and the Legislature Oversight
Commission on Education Accountability; and
Whereas, Delegate Robert C. "Bob" Beach served as a member of
the West Virginia House of Delegates until his death in April,
1998; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the newly constructed bridge over Dunkard Creek on Route 39
in the western end of Monongalia County the "Robert C. "Bob" Beach
Memorial Bridge" in tribute to a legislator, educator and farmer;
and, be it
Further Resolved, That the Division of Highways is requested
to have made and placed on the bridge signs identifying it as the
"Robert C. "Bob" Beach Memorial Bridge;" and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this Resolution to the Secretary of
the Department of Transportation.
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. 40--Requesting the Division of
Highways name the bridge on Route 28 near Romney, Hampshire County,
the "John Blue Bridge".
Whereas, John Blue came to Hampshire County, Virginia, in 1725
from Somerset County, New Jersey, having allegedly received land
from Lord Thomas Fairfax; and
Whereas, The acreage owned by John Blue was present-day Route
28 north of Romney, Hampshire County, along the South Branch of the
Potomac River; and
Whereas, John Blue and fourteen children who settled in the
area and his great grandson, also named John Blue, is noted in numerous Civil War history books; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on Route 28 near Romney, Hampshire County, the
"John Blue Bridge" in tribute to an early settler along the South
Branch of the Potomac River; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge on Route 28
near Romney, Hampshire County, as the "John Blue Bridge"; and, be
it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
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 Senators Love, White and Hunter:
Senate Bill No. 606--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17C-13A-1, §17C-13A-2, §17C-13A-3, §17C-13A-4,
§17C-13A-5, §17C-13A-6 and §17C-13A-7, all relating to establishing
a traffic control signal monitoring system to monitor violations of
stoplight laws involving running red lights; providing for the
issuance of a citation for violations; providing a civil penalty of not more than one hundred dollars for violations; providing for
enforcement; and requiring adoption of ordinances by county
commissions and municipalities.
Referred to the Committee on the Judiciary.
By Senator Harrison:
Senate Bill No. 607--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-21a, relating to personal income tax; and
providing a fifty-dollar tax credit for each dependent child of the
taxpayer having an adjusted gross federal income tax of less than
one hundred thousand dollars.
Referred to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 608--A Bill to amend and reenact §17C-2-3 of
the code of West Virginia, 1931, as amended; to amend and reenact
§24A-7-6 of said code; and to amend and reenact §30-29-1 of said
code, all relating to including public service commission motor
carrier enforcement officers and weight enforcement officers in the
definition of "law-enforcement officer".
Referred to the Committee on the Judiciary.
By Senators Snyder and Unger:
Senate Bill No. 609--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-2-19, relating to the state board of education; and
board adopting a policy of full employment reciprocity for
qualified teachers and administrators.
Referred to the Committee on Education.
By Senators Facemyer, Smith, Boley, Bowman, Fanning, Plymale,
Ross, Prezioso, Weeks, Sharpe, Love, Caldwell and Hunter:
Senate Bill No. 610--
A Bill to amend and reenact §5-11-2 of
the code of West Virginia, 1931, as amended, relating to
classifications of protected persons.
Referred to the Committee on the Judiciary.
By Senator Chafin:
Senate Bill No. 611--
A Bill to amend and reenact §5-10B-4 of
the code of West Virginia, 1931, as amended, relating to allowing
employees of nonstate public employers to use the deferred
compensation plan implemented by the consolidated public retirement
board for employees of state employers.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Chafin, Oliverio, Hunter and Unger:
Senate Bill No. 612--
A Bill to amend and reenact §5-5-1 of the
code of West Virginia, 1931, as amended, relating to including
faculty employees at state institutions of higher education as
state employees who receive increment pay.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Sprouse, Rowe, Hunter and Unger:
Senate Bill No. 613--A Bill to amend and reenact §17A-3-14 of
the code of West Virginia, 1931, as amended, relating to
authorizing the division of motor vehicles to issue special registration plates to the next of kin of a member of any branch of
the armed forces of the United States killed in combat.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
By Senators Love and White:
Senate Bill No. 614--
A Bill to amend and reenact §17C-15-26 of
the code of West Virginia, 1931, as amended, relating to
authorizing the use of flashing white lights as auxiliary lights on
emergency vehicles.
Referred to the Committee on Transportation.
By Senator Hunter:
Senate Bill No. 615--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §21-5F-1, §21-5F-2, §21-5F-3 and §21-5F-4, all relating
to providing for family leave for employees of private employers
with expanded coverage.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Ross, Love, Weeks and Edgell:
Senate Bill No. 616--
A Bill to amend and reenact §22-1-9 of
the code of West Virginia, 1931, as amended; and to amend and
reenact §22-3-2 and §22-3-4 of said code, all relating to the
department of environmental protection; requiring that a regular or
irregular meeting of the advisory committee be had upon the written
request of three members; requiring that the council timely receive
an agenda for each meeting with supporting documentation; allowing that council members may submit rule-making suggestions to the
secretary; providing that authority is vested in the secretary to
promulgate, administer and enforce bills; providing that the
secretary may not adopt rules regarding reclamation which are more
expansive or more stringent than federal rules; and establishing a
new advisory committee to assist in improving efficiency and
quality of permits.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators McCabe and Unger:
Senate Bill No. 617--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §31-21-1, §31-21-2, §31-21-3, §31-21-4, §31-21-5, §31-
21-6, §31-21-7 and §31-21-8, all relating to the creation of an
economic development funding committee; providing for the
development of guidelines and preliminary applications; requiring
project funding assistance review; establishing powers, duties and
responsibilities of the committee; and providing for an economic
development subaccount and the use of funds therein.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Caldwell and Hunter:
Senate Bill No. 618--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §9A-1A-1, §9A-1A-2, §9A-1A-3, §9A-1A-4 and §9A-1A-5, all
relating to establishing a one-dollar check-off contribution from a taxpayer's refund for providing free phone cards to West Virginia
citizens in combat in the armed forces of the United States and
their families.
Referred to the Committee on Finance.
Senators Snyder, Bowman, Edgell, Helmick, Plymale, Kessler,
McCabe, Tomblin (Mr. President), White, Fanning, Minard, Unger,
Caldwell, Prezioso, Rowe, Jenkins, Ross, Sharpe, Oliverio, Dempsey,
Hunter, Chafin and Love offered the following resolution:
Senate Concurrent Resolution No. 49--
Urging President George
W. Bush and the United States Congress stop the outsourcing of
American jobs.
Whereas, The Chairman of the President's Council of Economic
Advisors recently described the outsourcing of American jobs
overseas "as a good thing" and said, "Outsourcing is just a new way
of doing international trade."; and
Whereas, Two million nine hundred thousand private sector jobs
have been lost since January, 2001, including 2,800,000
manufacturing jobs; and
Whereas, The President's economic policies have either failed
to address or exacerbated the loss of manufacturing jobs that our
country has experienced over the last three years; and
Whereas, Job creation is essential to the economic stability
of the United States and the Administration should pursue policies
that serve as an engine for economic growth, higher wage jobs and
increased productivity; and
Whereas, American families are facing an economy with the fewest jobs created since the Great Depression; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges President George W. Bush and
the United States Congress stop the outsourcing of American jobs;
and, be it
Further Resolved, That the Legislature hereby urges President
George W. Bush and the United States Congress oppose any efforts to
encourage the outsourcing of American jobs overseas; and, be it
Further Resolved, That the Legislature hereby urges the United
States Congress adopt legislation providing for a manufacturing tax
incentive to encourage job creation in the United States and oppose
efforts to make it cheaper to send jobs overseas; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to President George
W. Bush, the United States Senate and the United States House of
Representatives.
Which, under the rules, lies over one day.
Senators Jenkins and Plymale offered the following resolution:
Senate Concurrent Resolution No. 50--
Requesting the Division
of Highways name the bridge connecting U. S. Route 60 East and
Peyton Street in Barboursville, Cabell County, the "James G. Berry
Memorial Bridge".
Whereas, James G. Berry was born on August 6, 1945, in
Huntington, Cabell County, and attended school in Barboursville;
and
Whereas, James G. Berry was killed October 10, 1965, in action in Vietnam while on a search and destroy operation when the vehicle
in which he was riding was destroyed by an electrically detonated
mine south of Ben Cat, Republic of Vietnam; and
Whereas, James G. Berry was serving his second tour of duty in
Vietnam, having enlisted in the Army on August 16, 1963. He had
been on Okinawa since February, 1964, and was in the 173rd Airborne
Division. He was a Specialist 4 who was awarded the Purple Heart
posthumously; and
Whereas, James G.
Berry gave his young life in the supreme
sacrifice for the cause of freedom on a battlefield in a country
far away; and
Whereas, The life of James G. Berry should not go unnoticed;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge connecting U. S. Route 60 East and Peyton Street in
Barboursville, Cabell County, the "James G. Berry Memorial Bridge";
and, be it
Further Resolved, That the Legislature hereby requests the
Division of Highways provide and erect a sign at either end of the
bridge displaying the name of the bridge; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and the family of the late James
G. Berry.
Which, under the rules, lies over one day.
Senators Kessler and Unger offered the following resolution:
Senate Concurrent Resolution No. 51--
Requesting the Joint
Committee on Government and Finance study the feasibility of the
State of West Virginia joining the National Crime Prevention and
Privacy Compact to ensure cooperation with all jurisdictions for
the exchange of criminal history records for noncriminal justice
purposes.
Whereas, The National Crime Prevention and Privacy Compact
creates a legal framework for the cooperative exchange of criminal
history records for noncriminal justice purposes; and
Whereas, It is in the interest of the state to facilitate the
dissemination of criminal history records from other states for use
in West Virginia as is authorized by state law; and
Whereas, The Compact may provide the organization of an
electronic information-sharing system among the federal government
and states to exchange criminal history records for noncriminal
justice purposes authorized by federal or state law, such as
background checks for governmental licensing and employment; and
Whereas, Under the Compact, the Federal Bureau of
Investigation and the party states agree to maintain detailed
databases of their respective criminal history records, including
arrests and dispositions, and make them available to the federal
government and party states for authorized purposes; and
Whereas, Entering into the Compact may facilitate the
interstate and federal-state exchange of criminal history
information to streamline the processing of background checks for noncriminal justice purposes; and
Whereas, Entering into the Compact may provide a mechanism for
establishing and enforcing uniform standards for record accuracy
and for the confidentiality and privacy interests of record
subjects; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility of the State of West Virginia
joining the National Crime Prevention and Privacy Compact to ensure
cooperation with all jurisdictions for the exchange of criminal
history records for noncriminal justice purposes; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its 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.
Which, under the rules, lies over one day.
Senators Hunter, Caldwell, Bailey, Dempsey, Boley, Minard,
Oliverio and Weeks offered the following resolution:
Senate Concurrent Resolution No. 52--Requesting the Governor,
the Commissioner of the Division of Culture and History, the
Executive Coordinator of the Department of Administration and the Capitol Building Commission work together to facilitate the
construction of covered walkways and access ramps for the purpose
of providing easier access to the Capitol for handicapped persons.
Whereas, Access for handicapped persons to the Capitol,
especially during the legislative session, has become of increasing
concern; and
Whereas, Since many legislators have offices in the east and
west wings of the Capitol, walking from the main unit to the east
or west wing in inclement weather exposes all persons to the
elements; and
Whereas, These routes from the main unit to the east and west
wings on the second floor are without access ramps for wheelchair-
bound, handicapped and elderly persons; and
Whereas, Alternate routes for the handicapped from the main
unit to legislative offices on the second floors of the east and
west wings are difficult, circuitous and long; and
Whereas, The existing routes on the second floor of the main
unit to the east and west wings should be made accessible for all
citizens who visit their legislative representatives or participate
in the legislative process; therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor, the Commissioner of the Division of Culture
and History, the Executive Coordinator of the Department of
Administration and the Capitol Building Commission work together to
facilitate the construction of covered walkways and access ramps
for the purpose of providing easier access to the Capitol for handicapped persons; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Governor, the
Commissioner of the Division of Culture and History, the Executive
Coordinator of the Department of Administration, the members of the
Capitol Building Commission and the West Virginia Veterans
Coalition.
Which, under the rules, lies over one day.
Senators Jenkins and Plymale offered the following resolution:
Senate Concurrent Resolution No. 53--Requesting the Division
of Highways name the bridge located at U. S. Route 2 and Nine Mile
Road, Cabell County, the "David Rickey Carson Memorial Bridge".
Whereas, David Rickey Carson, the son of Mr. and Mrs. Raymond
Carson, was born on September 8, 1947, at Lesage, Cabell County;
and
Whereas, Specialist 4 David Rickey Carson was killed in action
on January 31, 1968, at Gia Dinh, Vietnam, while serving in the U.
S. Army, 1st Logistical Command; and
Whereas, Specialist 4 David Rickey Carson was awarded the
Purple Heart posthumously; and
Whereas, David Rickey Carson gave his young life in the
supreme sacrifice for the cause of freedom on a battlefield in a
country far away; and
Whereas, The life of David Rickey Carson should not go
unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge located at U. S. Route 2 and Nine Mile Road, Cabell
County, the "David Rickey Carson Memorial Bridge"; and, be it
Further Resolved, That the Legislature hereby requests the
Division of Highways provide and erect a sign at either end of the
bridge displaying the name of the bridge; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and the family of the late David
Rickey Carson.
Which, under the rules, lies over one day.
Senators Boley and Deem offered the following resolution:
Senate Resolution No. 23--
Congratulating Tabitha Ball for her
selection to the NSCAA/adidas 2003 High School Girls All-America
team.
Whereas, Tabitha Ball, a senior at Parkersburg High School,
has distinguished herself and her school, by being the only West
Virginian among 75 players nationwide to be named to the National
Soccer Coaches Association of America/adidas High School Girls All-
America team at the NSCAA Convention, which was held in Charlotte,
North Carolina, in January, 2004; and
Whereas, Tabitha Ball is a two-time First Team All State
honoree and Parkersburg High School Most Valuable Player; and
Whereas, Tabitha Ball was named the Mountain State Athletic
Conference Player of the Year for 2002 and 2003 and the 2003 Player
of the Year by the West Virginia Soccer Coaches Association. In addition, she was selected as the 2003 Gatorade High School Player
of the Year for Girls Soccer in West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates Tabitha Ball for her
selection to the NSCAA/adidas 2003 High School Girls All-America
team; and, be it
Further Resolved, That the Senate hereby recognizes the
extraordinary talent of Tabitha Ball, a tremendous soccer player,
who has distinguished herself and Parkersburg High School on the
state and national levels; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Tabitha Ball.
At the request of Senator Boley, 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
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 46, Requesting Division of
Highways name portion of U. S. 52 from Taylorville Road to foot of
Horsepen Mountain, Mingo County, "R. A. West Highway".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation.
Senate Concurrent Resolution No. 47, Requesting Joint Committee on Government and Finance study governmental agencies
involved in resolving problem of flooding of streams.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 48, Requesting Joint
Committee on Government and Finance study training and educational
needs related to Alzheimer's disease and related dementias.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 317, Increasing parolee supervision fee.
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, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie,
Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
The nays were: Love and Minear--2.
Absent: Edgell and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 317) passed with its title.
On motion of Senator Hunter, the Senate reconsidered the vote
by which it immediately hereinbefore passed
Eng. Senate Bill No. 317, Increasing parolee supervision fee.
The vote thereon having been reconsidered,
The question again being on the passage of the bill, the yeas
were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey,
Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks
and Tomblin (Mr. President)--31.
The nays were: Minear--1.
Absent: Edgell and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 317) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2004.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--31.
The nays were: Minear--1.
Absent: Edgell and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 317) takes effect July 1, 2004.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4012, Bringing the West Virginia
corporation net income tax act into conformity with federal income
tax.
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, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Edgell and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4012) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Edgell and White--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4012) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4287, Eliminating the provision of law
limiting seniority rights for classified employees when funding the
annual salary increment results in employee layoffs.
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, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Edgell and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4287) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. House Bill No. 4287--A Bill to amend and reenact §18B-9-5
of the code of West Virginia, 1931, as amended, relating to higher education; classified employee salary; and eliminating certain
provisions relating to funding the salary increment.
Senator Chafin moved that the bill take effect July 1, 2004.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Edgell and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4287) takes effect July 1, 2004.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4348, Expiring funds to the treasurer's
office, banking services from the treasurer's office, unclaimed
property trust fund.
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, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Edgell and White--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B No. 4348) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Edgell and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4348) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4349, Relating generally to consumers
sales and service tax.
On third reading, having been amended on Friday, February 20,
2004, and now coming up in regular order, with the right having
been granted for further amendments to be received on third
reading, was reported by the Clerk.
Following a point of inquiry to the President, with resultant
response thereto,
Senator Sprouse moved that the Senate reconsider the vote by
which on Friday, February 20, 2004, it adopted the Finance
committee amendment to the bill (shown in the Senate Journal of
that day, pages 34 to 71, inclusive).
The question being on the adoption of Senator Sprouse's
aforestated motion, the same was put and did not prevail.
Following a point of inquiry to the President, with resultant
response thereto.
Engrossed House Bill No. 4349, as amended, was then read a
third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Dempsey, Facemyer, Fanning, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio,
Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Unger and Tomblin
(Mr. President)--25.
The nays were: Deem, Guills, Harrison, McKenzie, Smith,
Sprouse and Weeks--7.
Absent: Edgell and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4349) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
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
three new sections, designated §11-15B-14a, §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 no.
3014 was enacted during the two thousand three 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.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Snyder, Unger, Weeks and Tomblin (Mr. President)--30.
The nays were: Smith and Sprouse--2.
Absent: Edgell and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4349) takes effect from passage.
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. 214, Authorizing board of
landscape architects to set certain fees by rule.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 402, Relating to authority of board of risk
and insurance management to promulgate certain legislative rules.
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. 410, Providing educational
opportunities to certain children of deceased military; removing
in-state requirement.
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. 513, Relating to jobs investment
trust board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 532, Repealing section of code relating to
inspection of jails.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 574, Allowing commissioner to sell liquor
warehouse under certain circumstances.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 575, Continuing motor vehicle dealers advisory
board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 576, Continuing state rail authority.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 577, Continuing board of registration for
foresters.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 578, Continuing design-build board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 579, Relating to sex offender registration.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. House Bill No. 4011, Bringing the West Virginia personal
income tax act into conformity with the federal income tax.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 165, Simplifying state higher
education tuition and fee system.
Com. Sub. for Senate Bill No. 420, Relating generally to motor
fuels excise tax.
Senate Bill No. 439, Relating to compulsory immunization of
school children.
Senate Bill No. 450, Relating to long-term care insurance
policies.
Com. Sub. for Senate Bill No. 459, Providing civil immunity to
certain volunteers who build or install universal accessibility
features.
Senate Bill No. 506, Permitting use of "bank" in name of
licensed insurance company.
Senate Bill No. 517, Relating to standard nonforfeiture law
for individual deferred annuities.
And,
Senate Bill No. 529, Repealing section of code relating to
working prisoners by county courts.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Love.
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.