WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

FORTY-THIRD DAY

____________

Charleston, W. Va., Wednesday, February 25, 2004

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

     Prayer was offered by the Reverend James E. Shepherd II, Oak Hill United Methodist Church, Oak Hill, West Virginia.
     Pending the reading of the Journal of Tuesday, February 24, 2004,
     On motion of Senator Deem, 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.
     At the request of Senator Caldwell, and by unanimous consent, Senator Caldwell addressed the Senate regarding the impact of the House of Delegate's amendments to Engrossed Senate Bill No. 448 (Relating to higher education advisory boards generally) on Bluefield State College.
     Thereafter, at the request of Senator Prezioso, and by unanimous consent, the remarks by Senator Caldwell were ordered printed in the Appendix to the Journal.
     The Senate proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
     Eng. Senate Bill No. 524, Relating to council for community and technical college education and PROMISE scholarship board of control.
     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. 4247--A Bill to amend and reenact §30-13- 21 and §30-13-22 of the code of West Virginia, 1931, as amended, relating to clarifying the board of registration for professional engineers may assess civil penalties.
     Referred to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect July 1, 2004, of
     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.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect from passage, of
     Eng. House Bill No. 4349, Relating generally to consumers sales and service tax.
     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. 4411--A Bill to amend and reenact §5B-2B-2, §5B-2B-4, §5B-2B-5 and §5B-2B-9 of the code of West Virginia, 1931, as amended, all relating to the West Virginia work force investment act; defining terms; requiring a public agenda in the strategic five-year state workforce investment plan; changing dates for certain required reporting; and creating the workforce investment interagency collaborative team.
     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. 4450--A Bill to amend and reenact §20-5-2 of the code of West Virginia, 1931, as amended, relating to permitting the sale of timber severed in a state park incidental to construction activities; use of gross proceeds derived from timber sales; and making technical corrections.
     Referred to the Committee on Finance.
     The Senate proceeded to the fourth order of business.
     Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration
     Senate Bill No. 34, Limiting liability to merchants for credit card fraud over internet; annual reports.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 34 (originating in the Committee on Banking and Insurance)--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31A-4-46, relating to credit card fraud; and requiring certain entities to report annually to the attorney general concerning credit card fraud committed against businesses in this state.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Joseph M. Minard,
                               Chair.
     The bill (Com. Sub. for S. B. No. 34), under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
     Your Committee on Economic Development has had under consideration
     Senate Bill No. 139, Creating Tourism Development Act.
     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 Finance.
                              Respectfully submitted,
                               Brooks F. McCabe, Jr.,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Economic Development pending.
     Senator Plymale, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration
     Senate Bill No. 154, Creating distinguished graduate student fellowship program.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 154 (originating in the Committee on Education)-- A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-14-12; and to amend said code by adding thereto a new article, designated §18C-9-1, §18C-9-2, §18C-9-3, §18C-9-4, §18C-9-5, §18C-9-6, §18C-9-7, §18C-9-8 and §18C-9-9, all relating to creating the distinguished graduate student fellowship program; establishing endowment trust funds; providing definitions; receiving public and private funding; investing or reinvesting funds; providing for administration and use of funds; specifying powers and duties of higher education policy commission; providing for standards and review; requiring annual reports; providing evaluation criteria for applicant selection; authorizing governing boards to solicit private funds; and creating a statewide task force on graduate studies.
      And,
     Senate Bill No. 408, Providing for and defining "growth county" status for certain counties.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 408 (originating in the Committee on Education)--A Bill to amend and reenact §11-8-6f of the code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-11 of said code, all relating to the growth county school facilities act; allowing a growth county to use the provisions of the growth county school facilities act; requiring those counties to place certain property tax revenues in a growth county school facilities act fund; requiring those counties to use moneys in the fund for the benefit of school facilities in the county; allowing moneys in the fund to be carried over indefinitely; and providing that certain property tax revenues not be considered local share funds.
     With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Robert H. Plymale,
                               Chair.
     The bills (Com. Sub. for S. B. Nos. 154 and 408), under the original double committee references, were then referred to the Committee on Finance.
     Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Senate Bill No. 188, Relating to inspections of individual water supply systems and wastewater systems.
     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 Finance.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance.
     Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
     Your Committee on Economic Development has had under consideration
     Senate Bill No. 194, Creating high-growth business investment tax credit.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 194 (originating in the Committee on Economic Development)--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13U-1, §11-13U-2, §11-13U-3, §11-13U-4, §11-13U-5, §11-13U-6, §11-13U-7, §11-13U-8, §11-13U-9 and §11-13U-10, all relating to the high-growth business investment tax credit.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Brooks F. McCabe, Jr.,
                               Chair.
     The bill (Com. Sub. for S. B. No. 194), under the original double committee reference, was then referred to the Committee on Finance.
     Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
     Your Committee on Economic Development has had under consideration
     Senate Bill No. 204, Relating to strategic research and development tax credit.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 204 (originating in the Committee on Economic Development)--A Bill to amend and reenact §11-13R-6, §11-13R-11 and §11-13R-12 of the code of West Virginia, 1931, as amended, all relating to the strategic research and development tax credit; and providing that the credit may be refundable for small qualified research and development companies.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Brooks F. McCabe, Jr.,
                               Chair.
     The bill (Com. Sub. for S. B. No. 204), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Com. Sub. for Senate Bill No. 230, Relating to definitions of casualty insurance and federal flood insurance; other provisions.
     And,
     Senate Bill No. 316, Providing procedures for determining daily cost for certain inmates.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
     Your Committee on Economic Development has had under consideration
     Senate Bill No. 322, Relating to public energy authority.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 322 (originating in the Committee on Economic Development)--A Bill to amend and reenact §4-10-5 of the code of West Virginia, 1931, as amended; and to amend and reenact §5D-1-5, §5D-1-5b, §5D-1-6, §5D-1-12, §5D-1-14, §5D-1-15 and §5D-1-16 of said code, all relating to the public energy authority; repealing the termination of the authority and authority board scheduled for the first day of July, two thousand four; reconstituting the authority for the sole purpose of construction, maintenance and operation of flood mitigation dams with hydroelectric power generation facilities, electric transmission lines integral to such generation facilities, reservoirs and water impoundments formed by such dams and lands bordering on such reservoirs and impoundments; establishing legislative purpose and intent; providing definitions; establishing powers, duties and responsibilities of the authority; requiring public hearings before certain actions of the authority; authorizing the authority to construct, finance, lease, sale, maintain, repair and otherwise undertake projects; authorizing the sale of electricity from projects solely in the wholesale market; exemption from taxation of projects owned by the authority; acquisition of property by the authority; and providing that the authority is not a public utility and is not subject to the jurisdiction of the public service commission.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Brooks F. McCabe, Jr.,
                               Chair.
     The bill (Com. Sub. for S. B. No. 322), under the original double committee reference, was then referred to the Committee on Finance.
     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. 362, Authorizing division of health to promulgate legislative rule relating to childhood lead screening.
     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 the Judiciary.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Finance pending.
     Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Senate Bill No. 440, Relating to waiver of certain requirements for registered health service providers; other provisions.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 440 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §16-5E-1, §16-5E-1a, §16-5E-2, §16-5E-3, §16-5E-4, §16-5E-5 and §16-5E-6 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-5E- 7, all relating to allowing for a waiver of certain requirements for registered service providers and their homes; allowing nursing services to be provided in the homes; adding a one-time fee of twenty-five dollars for registration of a service provider; defining "statement of deficiencies"; replacing criminal sanctions with civil penalties for noncompliance; clarifying the nature of continuing enforcement authority; and other stylistic changes.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     The bill (Com. Sub. for S. B. No. 440), under the original double committee reference, was then referred to the Committee on Finance.
     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. 447, Relating to powers and duties of municipal courts to collect certain moneys.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 447 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §8-10-2b of the code of West Virginia, 1931, as amended; and to amend and reenact §17B-3-3c and §17B-3-9 of said code, all relating to the powers and duties of municipal courts; failure to appear for municipal court hearings; failure to pay municipal court fines and fees; cancellation, suspension and revocation of driver's licenses; payment of fines and fees from state income tax refund; allocation of income tax refund; and suspension of license to continue until fees, fines and reinstatement fee paid.
     And,
     Senate Bill No. 590, Designating local community criminal justice boards as home incarceration supervisor.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 590 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §62-11B-7a of the code of West Virginia, 1931, as amended, relating to designating local community criminal justice boards as a home incarceration supervisor.
     With the recommendation that the two committee substitutes do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Senate Bill No. 483, Relating to limited licenses to practice medicine and surgery without license.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     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. 499, Relating to special hunting permit for resident and nonresident disabled persons.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     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. 500, Increasing fees for agents selling hunting and fishing licenses.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 500 (originating in the Committee on Finance)-- A Bill to amend and reenact §20-2-32, §20-2- 33 and §20-2-34 of the code of West Virginia, 1931, as amended, all relating generally to the issuance of hunting and fishing licenses; disposition of duplicate license fees; increasing fees; promulgation of legislative rules; and disposition of fees.
     And,
     Senate Bill No. 533, Authorizing division of corrections charge offenders transfer application fee.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 533 (originating in the Committee on Finance)--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 adult offenders applying for transfer under the interstate compact for the supervision of adult offenders; setting up a special revenue account; and providing for expenditure of moneys.
     With the recommendation that the two committee substitutes do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Senate Bill No. 570, Relating to parental notification of abortions performed on unemancipated minors; waiver.
     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,
                               Roman W. Prezioso, Jr.,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
     Your Committee on Economic Development has had under consideration
     Senate Bill No. 572, Developing statewide tourism destination development plan.
     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 Finance.
                              Respectfully submitted,
                               Brooks F. McCabe, Jr.,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance.
     Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
     Your Committee on Economic Development has had under consideration
     Senate Bill No. 573, Providing procedure for economic development authority to address problems of state minorities.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Brooks F. McCabe, Jr.,
                               Chair.
     Senator Plymale, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration
     Senate Bill No. 633, Relating to electronic mail addresses protected in higher education institutions; penalty.
     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,
                               Robert H. Plymale,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     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. 704, Relating to public defender services.
     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 Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance.
     Senator Snyder, from the Committee on Labor, submitted the following report, which was received:
     Your Committee on Labor has had under consideration
     Senate Bill No. 712 (originating in the Committee on Labor)--A Bill to amend and reenact §21-5-4 of the code of West Virginia, 1931, as amended, relating to wages withheld from an employee; and clarifying that liquidated damages be proportionally related to wages owed to an employee.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Herb Snyder,
                               Chair.
     At the request of Senator Snyder, unanimous consent being granted, the bill (S. B. No. 712) contained in the preceding report from the Committee on Labor was taken up for immediate consideration, read a first time and ordered to second reading.
     The Senate proceeded to the sixth order of business.
     Senators Bowman and Rowe offered the following resolution:
     Senate Concurrent Resolution No. 56--Requesting the Joint Committee on Government and Finance study the current administrative structure of the Division of Personnel and its policies, procedures and functions to determine whether it can effectively meet the future needs of state government.
     Whereas, The current structure of the Division of Personnel is burdened by archaic and unnecessary rules, regulations and policies; and
     Whereas, A personnel system for any organization requires continuous improvement, innovation and effective use of modern technology to maintain the highest level of performance and to ensure qualified employees are hired for state government jobs; and
     Whereas, It is essential that the state's personnel system be organized, structured and made ready to meet the demands for recruiting, training and maintaining highly trained, skilled and effective employees for state government; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the current administrative structure of the Division of Personnel and its policies, procedures and functions to determine whether it can effectively meet the future needs of state government; 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 Prezioso, Unger, McCabe, White, Minard, Dempsey, Boley, Plymale, Snyder, Tomblin (Mr. President), Chafin, Love, Ross, Kessler, Sharpe, Rowe, Fanning, Bowman, Jenkins, Oliverio, Facemyer, Helmick, Weeks, McKenzie, Deem, Minear and Guills offered the following resolution:
     Senate Concurrent Resolution No. 57--Requesting the Joint Committee on Government and Finance study the need for adult day care, congregate respite and in-home respite services for people with Alzheimer's disease or a related dementia.
     Whereas, For the purposes of this resolution, "adult day care" means a supervised, protective, congregate setting which provides personal care for dependent adults. "Congregate respite" means temporary, substitute support or living arrangements delivered in an adult day care or institutional setting to provide a brief period of relief or rest for caregivers. "In-home respite" means temporary, substitute support or living arrangements delivered in the home to provide a brief period of relief or rest for caregivers; and
     Whereas, Alzheimer's disease is the fourth leading cause of death among American adults. The number one risk factor for Alzheimer's disease is age. One in 10 persons over age 65, and nearly half of those over age 85, have Alzheimer's disease and, increasingly, it is found in people in their forties and fifties. It is the third most expensive disease to treat in the United States, after heart disease and cancer; and
     Whereas, West Virginia has the highest average age and highest percentage of Medicare recipients in the nation. The state's total population is expected to remain constant indefinitely, with its elderly population projected to grow by 60 percent during the next 25 years due to low in-migration and the tendency for older residents to remain in the state; and
     Whereas, Currently 42,000 West Virginians have Alzheimer's disease and the first of 400,000 West Virginians will begin to turn 65 by 2011; and
     Whereas, More than seven out of 10 people with Alzheimer's disease live at home. Family and friends provide almost 75 percent of home care with the remainder being paid care, which averages $12,500 per year and which cost families pay almost entirely out- of-pocket; and
     Whereas, Lack of specialized services in West Virginia is a problem. Where Alzheimer's disease-specific services are available, they are often offered in private pay settings which many families cannot afford; and
     Whereas, Adult day care services provide the person suffering from Alzheimer's disease opportunities to interact with others, usually in a community center or facility; and
     Whereas, Appalachian tradition encourages keeping loved ones at home. Alzheimer's disease caregivers are often referred to as the hidden, or second, victims of Alzheimer's disease. Elderly people caring for their spouses are 63 percent more likely to die before their counterparts who are not caregivers. The family caregiver of the person with Alzheimer's disease is statistically more likely to suffer significant health complications as a result of ongoing long-term caregiver stress without necessary respite; and
     Whereas, Respite care services are the most frequently requested service for family caregivers of persons with Alzheimer's disease. However, the ability to access respite care services in rural areas of West Virginia remains limited; and
     Whereas, Respite care provides caregivers temporary relief from tasks associated with caregiving, and persons with Alzheimer's disease benefit from opportunities to socialize with others and live in the community longer; and
     Whereas, Respite care services are mainly offered through community organizations or residential facilities; and
     Whereas, The most common respite care services are in-home respite programs that offer a range of options, including companion services, personal care household assistance and skilled care services to meet specific needs; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the need for adult day care, congregate respite and in-home respite services for people with Alzheimer's disease or a related dementia; and, be it
     Further Resolved, That the Joint Committee on Government and Finance is hereby requested to determine the most efficient, cost- effective method of providing adult day care, congregate respite and in-home respite services to those with Alzheimer's disease or a related dementia; 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 Prezioso, Oliverio, McCabe, White, Fanning, Rowe, Caldwell, Jenkins, Minard, Helmick, Bowman, Love, Snyder, Kessler, Plymale, Dempsey, Ross, Minear, Weeks, Boley, Sharpe, Unger, McKenzie and Hunter offered the following resolution:
     Senate Concurrent Resolution No. 58--Requesting the State Building Commission officially rename that certain state office building, located at 107-109 Adams Street in the City of Fairmont, Marion County, and known as the West Virginia State Office Complex, the "Manchin Office Complex" in honor of the late John Manchin, Sr., and the late A. James Manchin.
     Whereas, John Manchin, Sr., and A. James Manchin, the sons of the late Joseph Manchin, Sr., and Kathleen Roscoe Manchin, were born in Marion County on July 24, 1922, and April 7, 1927, respectively; and
     Whereas, Joseph Manchin, Sr., having immigrated to the United States from his native Italy, instilled in his sons a work ethic and a true understanding of, and commitment to, service to God, family, this state and country; and
     Whereas, John Manchin, Sr., and A. James Manchin, true to their upbringing and their Italian heritage, were dedicated to God, family, this state and country as both brothers served in the armed forces of the United States during uncertain times; and
     Whereas, John Manchin, Sr., a local businessman and entrepreneur, served on the Marion County Building Commission for several years. Under his dedicated leadership, the dream of establishing the first state office complex in the corporate limits of the City of Fairmont became a reality when the former Hartley's Department Store building was rededicated for use as office space for both government and private entities; and
     Whereas, A. James Manchin, whose career as a public servant spanned more than 50 years, served the citizens of the City of Fairmont, Marion County and this state with distinction and honor in numerous capacities, including as a member of the House of Delegates, Secretary of State and Treasurer; and
     Whereas, John Manchin, Sr., departed this life on December 24, 2002; and
     Whereas, A. James Manchin departed this life November 3, 2003;
and
     Whereas, The lives of John Manchin, Sr., and A. James Manchin are outstanding examples of selfless service and sacrifice to God, family, this state and country and it is right and just to perpetuate and honor their memories by renaming the West Virginia State Office Complex in the City of Fairmont the "Manchin Office Complex"; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the State Building Commission officially rename that certain state office building, located at 107-109 Adams Street in the City of Fairmont, Marion County, and known as the West Virginia State Office Complex, the "Manchin Office Complex" in honor of the late John Manchin, Sr., and the late A. James Manchin; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the State Building Commission, the County Commission of Marion County, the Mayor and City Council of the City of Fairmont and the families of the late John Manchin, Sr., and the late A. James Manchin.
     Which, under the rules, lies over one day.
     Senators Bowman, Kessler, McKenzie and Rowe offered the following resolution:
     Senate Concurrent Resolution No. 59-- Requesting the Joint Committee on Government and Finance study the tax laws relating to property taxes and consider revisions to the state's tax laws.
     Whereas, The tax laws of West Virginia need to be modified to better meet the fiscal challenges and changing needs of populations, infrastructure, services, future development of the state and its subdivisions and to ease the financial burdens of its citizens who are already overly tax-burdened; and
     Whereas, Changing the standard methods of taxing property, as well as considering the concept of land value taxation, may lead to changes in the state's tax structure which may result in the elimination or reduction of other taxes; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the tax laws relating to property taxes and consider revisions to the state's tax laws; 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 Sprouse, Deem, Harrison, McKenzie, Minear, Smith and Guills offered the following resolution:
     Senate Concurrent Resolution No. 60--Urging Governor Bob Wise and the Democrat leadership of the Legislature protect jobs and strengthen the economy by abandoning the failed and misguided policies which have driven jobs out of West Virginia for over 70 years.
     Whereas, The Democrat party leadership has ruled West Virginia for over 70 years and the failed policies over that time period have caused a severe and sustained loss of manufacturing jobs in West Virginia. Forty-four people per day leave West Virginia to find work in neighboring states and a $15 billion debt exists which will be borne by the children and grandchildren of West Virginia; and
     Whereas, West Virginians have the second lowest per capita income in the United States while carrying one of the highest tax loads in the United States; and
     Whereas, The failed policies of the last 70 years have caused thousands of West Virginia families to choose between living in unjust economic conditions or leaving the state; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby urges Governor Bob Wise and the Democrat leadership of the Legislature protect jobs and strengthen the economy by abandoning the failed and misguided policies which have driven jobs out of West Virginia for over 70 years; and, be it
     Further Resolved, That the Legislature hereby urges all West Virginia citizens to demand that Governor Bob Wise and their elected legislators turn away from the failed policies of the last 70 years; and, be it
     Further Resolved, That the Democrat leadership in the Legislature is hereby urged to end its 70-year oppression of the people of West Virginia.
     Which, under the rules, lies over one day.
     Senators Bowman and McKenzie offered the following resolution:
     Senate Concurrent Resolution No. 61--Requesting the Joint Committee on Government and Finance appoint an interim committee to study the structure, mission and services of local health departments.
     Whereas, Local health departments are responsible for directing, supervising and carrying out matters relating to public health in counties and municipalities; and
     Whereas , The role of local health departments has never been more important in meeting the public health needs of West Virginia?s citizens, including acting as one of the frontline organizations in the communities they serve in the defense against threats from outside the country to the water and food supplies and the intentional introduction of biological and chemical hazards; and
     Whereas, It is essential that local health departments are structured to meet these needs, that their mission is clear and that the services they provide are sufficient to meet these challenges and responsibilities; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to appoint an interim committee to study the structure, mission and services of local health departments; 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 McKenzie, Tomblin (Mr. President), Prezioso, Minard, Plymale, Chafin, Sprouse, Sharpe, Love, Rowe, Caldwell, Bowman, McCabe, Minear, Dempsey, Jenkins, Hunter, Facemyer, Weeks, Helmick, Unger, Kessler, Guills, Snyder, Ross, Oliverio and Smith offered the following resolution:
     Senate Concurrent Resolution No. 62-- Requesting the Joint Committee on Government and Finance appoint an interim committee to study the silent epidemic of youth suicide in this state.
     Whereas, Suicide is the third leading cause of death for youth between the ages of 15 and 24 and the second leading cause of death for college-age youth; and
     Whereas, Each day across this country, there is an average of 2,700 suicide attempts by young people between the ages of 12 and 17. Each week approximately 100 hundred young people commit suicide; and
     Whereas, In a survey conducted in West Virginia in 2000, one out of every five students in grades six through 12 responded that they had seriously considered attempting suicide in the past twelve months, almost one out of three students reported that they had battled the start of depression in the past twelve months, almost one out of every six students had made a plan to commit suicide in the past twelve months and one out of every fourteen students had attempted suicide in the past twelve months; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to appoint an interim committee to study the silent epidemic of youth suicide in this state ; 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.
Petitions

     Senator Sharpe presented a petition from Ivan C. Doddrill and numerous retired school employees, requesting the Legislature provide an annual cost-of-living adjustment to the pensions of retired school employees.
     Referred to the Committee on Pensions.
      Senator Edgell presented a petition from Barbara Kelley and numerous West Virginia residents, requesting the TRACS Mobile Spay/Neuter Clinic van be permitted to travel statewide to provide low-cost spay/neuter services .
     Referred to the Committee on Agriculture.
     Senator Dempsey presented a petition from Larry Baxter and numerous Greenbrier County residents, supporting Engrossed Committee Substitute for Senate Bill No. 271 (Relating to racial profiling data collection), Senate Bill No. 272 (Creating state police review board), House Bill No. 4125 (Creating a state police review board to hear complaints against state police personnel) and House Bill No. 4126 (Requiring racial profiling data collection by law-enforcement officers and agencies each time a motorist is stopped for an alleged violation of the law).
     Referred to the Committee on the Judiciary.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
     Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration
     Senate Concurrent Resolution No. 63 (originating in the Committee on Banking and Insurance)-- Requesting the Joint Committee on Government and Finance study the use of credit scoring in the insurance underwriting and rate-making process.
     Whereas, There is significant public sentiment against the perceived unfair prejudice against certain classes of individuals resulting from the use of credit scoring in the setting of rates for insurance products; and
     Whereas, There exists significant evidence that use of credit scoring is a reliable method of predicting losses and, thereby, is also an efficient and effective means for properly fixing rates; and
     Whereas, The insurance underwriting and rate-making process should be permitted to operate in an efficient and effective manner while insurance consumers are protected from unfair prejudice in the setting of insurance rates; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the use of credit scoring in the insurance and rate-making process; 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.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Joseph M. Minard,
                               Chair.
     The Senate proceeded to the seventh order of business.
      Senate Concurrent Resolution No. 54, Requesting Joint Committee on Government and Finance study liability of division of forestry and others as to forest fires.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
     Senate Concurrent Resolution No. 55, Requesting Joint Committee on Government and Finance study state fire code rules applying to bed and breakfasts.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
     House Concurrent Resolution No. 12, Naming the newly constructed concrete bridge on County Road 13 in Saxon, Raleigh County, West Virginia, the "PFC John Michael Davis Memorial Bridge".
     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.
     House Concurrent Resolution No. 20, Naming an existing bridge situate approximately one and four-tenths miles up Elk Creek in Delbarton, Mingo County, West Virginia, to John Hunt.
     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.
     The Senate proceeded to the eighth order of business.
     Eng. Com. Sub. for Senate Bill No. 165, Simplifying state higher education tuition and fee system.
     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: 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 and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey and White--2.
     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. 165) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: 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 and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey 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. Com. Sub. for S. B. No. 165) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 420, Relating generally to motor fuels excise 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: 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 and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey and White--2.
     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. 420) 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. 439, Relating to compulsory immunization of school children.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     Pending discussion,
     The question being "Shall Engrossed Senate Bill No. 439 pass?"
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
     The nays were: Facemyer and Rowe--2.
     Absent: Bailey 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. 439) passed.
     On motion of Senator Prezioso, the following amendment to the title of the bill 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. Senate Bill No. 439--A Bill to amend and reenact §16-3-4 and §16-3-5 of the code of West Virginia, 1931, as amended, all relating to compulsory immunization of school children; medical exemption; religious belief(s) exemption and requirements; requiring additional vaccinations; creating standard certificate of immunization; mandating use of certificate; promulgation of rules to define the schedule and procedures for immunization; increased penalties for offenses; exemption from penalties; distribution of free vaccine to public and private providers; and revision of the immunization advisory committee and addition of new members.
      Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      Eng. Senate Bill No. 450, Relating to long-term care insurance policies.
     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: 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 and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey 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. 450) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      Eng. Com. Sub. for Senate Bill No. 459, Providing civil immunity to certain volunteers who build or install universal accessibility features.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Eng. Senate Bill No. 506, Permitting use of "bank" in name of licensed insurance company.
     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: 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 and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey 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. 506) 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. 517, Relating to standard nonforfeiture law for individual deferred annuities.
     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: 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 and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey 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. 517) 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. 529, Repealing section of code relating to working prisoners by county courts.
     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: 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 and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey 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. 529) 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. 89, Relating to beneficial use of water treatment plant sludge.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 148, Creating Tax Amnesty Program of 2004.
     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. 320, Redefining law relating to modular homes.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
      Eng. House Bill No. 4132, Relating to the West Virginia guaranteed work force program.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 4308, Providing immunity from civil damages to workers who in good faith provides services or materials, without remuneration, to build or install certain universal accessibility features in accordance with applicable state and federal laws.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
      On page two, section three-a, line eight, after the word "laws" by inserting the words "and applicable building codes".
      The bill (Eng. H. B. No. 4308), as amended, was then ordered to third reading.
      The Senate proceeded to the tenth order of business.
     Com. Sub. for Senate Bill No. 173, Authorizing disabled commercial licensed driver to retain personal driving permit in certain cases.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
      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 Senators Facemyer, Plymale and Rowe.
     Thereafter, at the request of Senator Love, and by unanimous consent, the remarks by Senator Rowe were ordered printed in the Appendix to the Journal.
     On motion of Senator Chafin, leaves of absence for the day were granted Senators Bailey and White.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 26, 2004, at 11 a.m.
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