WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
THIRTY-FOURTH DAY
____________
Charleston, W. Va., Monday, February 10, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Rupert Evans, St. Matthew
United Methodist Church, Weston, West Virginia.
Pending the reading of the Journal of Friday, February 7,
2003,
On motion of Senator Minard, 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 concurrence by that body in the adoption of
Senate Concurrent Resolution No. 5, Requesting Division of
Highways name bridge near Jackson's Mill "Homer Bennett Bridge".
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. 2864--A Bill to amend and reenact section
eleven, article three-a, chapter twenty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to continuation of the office of explosives and blasting.
Referred to the Committee on Government Organization.
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. 3--Requesting the Commissioner
of the Division of Highways to name the bridge which crosses the
Capon River on Route 259 at Yellow Spring, Hampshire County, the
"Kenneth Seldon Bridge".
Whereas, For over half a century, Kenneth Seldon has been the
proprietor of the Riverside Service general store in Yellow Spring,
Hampshire County, West Virginia; and
Whereas, Since beginning his business in Yellow Spring,
Hampshire County, on May 22, 1952, Kenneth Seldon has opened the
store every day at 8:00 a.m. and has continued to carry everything
from fresh bread and meat to nails and paint; and
Whereas, Kenneth Seldon is a man of integrity and character as
evidenced by the fact that his store is always closed on Sunday and
that he has never sold beer or other spirits; and
Whereas, Beginning in 1957, in addition to operating the Riverside Service general store, Kenneth Seldon served as
Postmaster of Yellow Spring for twenty-five years, a post now held
by his daughter-in-law, Peggy Seldon; and
Whereas, Kenneth Seldon?s general store also spawned an auto
repair and parts supply business which became a separate company
currently owned and operated by Mr. Seldon?s son and grandson,
David Seldon and Dean Seldon; and
Whereas, Kenneth Seldon is a business leader in Yellow Spring
and Hampshire County; and when the Yellow Spring Mill went out of
business in 1991, his love for the area led him to purchase and
keep the mill intact; and
Whereas, Kenneth Seldon is a community leader as well as a
charter member of the Capon Valley Ruritan Club and a member of the
Timber Ridge Christian Church; and
Whereas, Kenneth Seldon?s dedication and service to Yellow
Spring and Hampshire County should not go unnoticed; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia
Division of Highways to name the bridge which crosses the Capon
River on Route 259 in Yellow Spring, Hampshire County, the "Kenneth
Seldon Bridge"; and, be it
Further Resolved, That the Division of Highways cause an
appropriate sign to be placed at both ends of this bridge which designates the bridge as the "Kenneth Seldon Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of the Division of Highways and to the members of Mr. Seldon?s
family.
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. 15--Requesting the West
Virginia Division of Highways to name the bridge located between
Lillyhaven and Lillydale on State Route 971, Wyoming County, West
Virginia, the "Roger Gene Craig Bridge".
Whereas, Roger Gene Craig was born on May 2, 1948, at Indian
Mills in Summers County, West Virginia, to Thelma Martin Craig and
Oliver Craig; and
Whereas, Roger Gene Craig attended Berlin McKinney School,
Oceana Middle School and Oceana High School; and
Whereas, Roger Gene Craig, unmarried, entered the United
States Army in March, 1969, in Fort Jackson, South Carolina. He
completed his training at Fort Gordon, Georgia, then went to Fort
Hood, Texas, and departed on November 5, 1969, for a tour of duty
in the Republic of Vietnam serving as a Specialist 4 in the 1st
Field Force in the Republic of Vietnam where he started his tour of duty on November 9, 1969, until he was killed in action on May 3,
1970, in Binh Thuan Province of South Vietnam; and
Whereas, Roger Gene Craig was awarded the following medals
posthumously for actions and conduct for participating in ground
combat operations in Vietnam at Landing Zone Betty: From April 13,
1969, to April 26, 1969, the Bronze Star Medal with "V" Device, the
Purple Heart, the National Defense Medal, the Vietnam Campaign
Medal and the Vietnam Service Medal; and
Whereas, Roger Gene Craig was 22 years old when he died in the
service of his country, a world away from his native State of West
Virginia and his family and friends; prior to his death, he had
volunteered to join a reaction force to combat enemy troops who
were advancing on the area firing rockets, automatic weapons and
small arms at the outmanned defenders. The truck in which
Specialist 4 Craig was riding was struck by an enemy rocket; and
with complete disregard for his own safety, he dismounted the
damaged truck and began delivering withering suppressive fire on
the enemy until he was mortally wounded by an enemy-thrown grenade.
His heroism and conduct was in keeping with the highest traditions
of military discipline, bravery and devotion to his military
service, his fellow servicemen and his country; and
Whereas, Roger Gene Craig unselfishly made the supreme
sacrifice for his country, state, family and friends and in so
doing, joined the legions of young American men and women who have given their lives in past decades so that other people might have
a chance to know the meaning of freedom which is so dear to
Americans and West Virginians who have died and will continue to
die to defend it; and
Whereas, The life and sacrifice of Roger Gene Craig should not
go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature request the West Virginia
Division of Highways to name the bridge between Lillyhaven and
Lillydale on State Route 971, Wyoming County, West Virginia, the
"Roger Gene Craig Bridge"; and, be it
Further Resolved, That the West Virginia 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 House is hereby
directed to forward a copy of this resolution to the Commissioner
of the Division of Highways and to the surviving relatives of Roger
Gene Craig.
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. 18--Requesting the
Commissioner of the Division of Highways to name the newly constructed bridge on Winchester Street which crosses the CSX
Railroad in Paw Paw, Morgan County, the "PFC Ray W. Stotler
Memorial Bridge".
Whereas, Ray W. Stotler was born on October 7, 1947, in
Berkeley Springs, Morgan County, West Virginia, to Mr. and Mrs.
Stanley Stotler of Paw Paw, Morgan County, West Virginia; and
Whereas, Ray W. Stotler was a Private First Class in the
United States Army assigned to Company C, Second Battalion, Fifth
Regiment, of the First Cavalry Division; and
Whereas, PFC Ray W. Stotler commenced his tour of duty in
Vietnam on May 1, 1967; and
Whereas, PFC Ray W. Stotler died on August 2, 1967, in Vietnam
as a result of a gunshot wound received in hostile ground action;
and
Whereas, It should not go unnoticed that this young man paid
the ultimate price in service of his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia
Division of Highways to name the newly constructed bridge on
Winchester Street which crosses the CSX Railroad in Paw Paw, Morgan
County, the "PFC Ray W. Stotler Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways cause an
appropriate sign to be placed at both ends of this bridge which
designates the bridge the "PFC Ray W. Stotler 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 Commissioner
of the Division of Highways, the members of PFC Ray W. Stotler's
family and the Harley Bohrer Post No. 128 of the American Legion.
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. 19--Requesting the
Commissioner of the Division of Highways to name the newly
constructed bridge on Route 9 which crosses the CSX Railroad in Paw
Paw, Morgan County, West Virginia, "The American Legion Bridge" in
honor of those men and women who honorably served their country in
the United States Armed Forces.
Whereas, The American Legion was chartered by the United
States Congress on September 16, 1919, as a patriotic, mutual-help,
war-time veterans organization; and
Whereas, Membership eligibility in the American Legion is
based on honorable federal active duty service with the United
States Armed Forces; and
Whereas, The American Legion is an organization of nearly
three million war veterans - men and women - in nearly fifteen
thousand American Legion Posts worldwide who have dedicated themselves to the service of community, state and nation; and
Whereas, The American Legion's dedication and service to
community, state and nation should not go unnoticed; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia
Division of Highways to name the newly constructed bridge on Route
9 which crosses the CSX Railroad in Paw Paw, Morgan County, West
Virginia, "The American Legion Bridge"; and, be it
Further Resolved, That the Division of Highways cause an
appropriate sign to be placed at both ends of this bridge which
designates the bridge as "The American Legion Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the
Commissioner of the Division of Highways and to the Harley Bohrer
Post No. 128 of the American Legion.
Referred to the Committee on Transportation.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 20--Requesting the West
Virginia Division of Highways to erect a road sign on State Route
61 out of Oak Hill near Beardsfork Hollow, Fayette County, West
Virginia, honoring Walter "Mike" South, former President of the Black Lung Association.
Whereas, Walter "Mike" South, L. U. 8843 member, passed away
on July 19, 2001, at age 54 following a two-decade battle with
black lung disease; and
Whereas, "Mike" South had served as president of the National
Black Lung Association until a few years before his death and was
a leading advocate for coal miners who also suffered daily with
this disease; he testified numerous times in this nation's capitol
and was present at most rallies to support protecting and
increasing state and federal black lung benefits; and
Whereas, It has been said that the passion, dedication and
social consciousness Walter "Mike" South brought to all coal miners
throughout the black lung community will never be forgotten; and
his spirit and dream for justice for all victims of black lung
disease will never be forgotten and will continue on in those lives
whom he touched; and
Whereas, It is only right and just to honor the efforts of
Walter "Mike" South for his dedication to the people of his home
state, in general, and for his work in seeking equitable and fair
treatment of all coal miners with black lung disease by dedicating
and erecting a road sign on State Route 61 out of Oak Hill near
Beardsfork Hollow, Fayette County, West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby expresses its profound sorrow and heartfelt sympathy upon the passing of Walter "Mike" South and
requests the West Virginia Division of Highways to dedicate and
erect a road sign on State Route 61 out of Oak Hill near Beardsfork
Hollow, Fayette County, West Virginia, honoring and recognizing
Walter "Mike" South, Black Lung advocate and former president of
the Black Lung Association; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the
Commissioner of the Division of Highways and to the surviving
relatives of Walter "Mike" South.
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. 23--Requesting the Division of
Highways to name the new bridge on Moran Avenue approaching
downtown Mullens, Wyoming County, the "Ray Toler Memorial Bridge".
Whereas, Ray Toler was born July 22, 1909, on Laurel Branch in
Wyoming County and was a lifelong resident of Wyoming County,
living in Mullens from 1921 until his death in April, 2002. He was
Valedictorian of the Mullens High School Class of 1927; he
graduated from Concord College in 1934; and he graduated from the
West Virginia University Law School in 1942. Ray Toler was a
teacher in Wyoming County from 1931 to 1942, teaching at Itmann and Stephenson grade schools and at Baileysville and Mullens high
schools; and
Whereas, Ray Toler practiced law in Mullens for almost sixty
years, during which time he demonstrated his dedication to family,
church and community of Mullens by serving as president of the
local PTA, Board of Directors of the Girl Scouts, trustee for
Alderson-Broaddus College, twenty-five years on the Selective
Service Board, president and fifty-year member of the Mullens
Rotary Club, was a fifty-year member of the Mullens Masonic Lodge,
director and chairman of the board of the People's Bank of Mullens,
was a fifty-five year member and Men's Bible Class teacher, trustee
and deacon of Highland Avenue Baptist Church, city attorney for
Mullens and member of the State Bar Association and American and
Wyoming County Bar Associations; and
Whereas, Ray Toler is fondly remembered by the people of his
county as a man of dedication, wisdom and humor; and
Whereas, It is a fitting tribute to Ray Toler that this bridge
be named in his memory; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the
new bridge on Moran Avenue approaching downtown Mullens, Wyoming
County, the "Ray Toler Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed, at either end of the bridge, signs identifying the bridge as the "Ray Toler 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
Transportation and the family of Ray Toler.
Referred to the Committee on Transportation.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bill was
introduced, read by its title, and referred to the appropriate
committee:
By Senator Bailey:
Senate Bill No. 479--
A Bill to amend and reenact section
twelve, article three, chapter twenty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to prohibiting a municipality from closing a fire
department without advance approval of the state fire marshal; and
providing that the office of the state fire marshal retain the
proceeds from the sale of specialized vehicles purchased by that
office.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
Senators Hunter, Oliverio, Prezioso, Rowe, Sprouse, Ross and
Unger offered the following resolution:
Senate Concurrent Resolution No. 24--
Urging Congress to enact legislation addressing the navigational needs on our nation's
rivers and provide funding therefor.
Whereas, A decline in river commerce on our nation's navigable
rivers has resulted in severe cutbacks in federal funding for
maintenance and operation of locks and dams on these rivers by the
U. S. Army Corps of Engineers; and
Whereas, The severity of this problem within the Pittsburgh
District of the Army Corps of Engineers which serves the
Monongahela River in West Virginia and the upper reaches of the
Allegheny River in Pennsylvania is causing great harm to commercial
and recreational users of these two rivers and to the communities
and businesses that rely on unhindered navigation of these rivers;
and
Whereas, Legislation, and funding therefor, requiring the Army
Corps of Engineers to base river navigational budgets not only on
the tonnage of commerce, but also on the value of such commerce,
the needs of recreational users of the river and the importance of
all such river uses to the economic well-being and development of
communities and regions bounding the river merits enactment by
Congress; and
Whereas, The congressional delegations of West Virginia and
Pennsylvania are urged to seek funding that will enable the
Pittsburgh District of the Army Corps of Engineers to fully meet
the navigational needs of all river users and communities for the Monongahela and Allegheny rivers; and
Whereas, Representative Alan Mollohan's request for $5 million
for research on the feasibility of automating lock operations which
would directly permit remote operation of lock chambers for
Monongahela locks and to also develop a national technology base
for future combination of cost reductions with service improvements
deserves congressional support; and
Whereas, Congressional funding for studies of how the federal
government might partner with states and local communities on
innovative ways to fund and operate river navigational needs is
essential; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges Congress to enact
legislation addressing the navigational needs on our nation's
rivers and provide funding therefor; and, be it
Further Resolved, That the Legislature urges Congress to
authorize funding for studies of how the federal government might
partner with states and local communities on innovative ways to
fund and operate river navigational needs; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Clerk of the
United States House of Representatives, the Clerk of the United
States Senate and members of West Virginia's congressional
delegation.
Which, under the rules, lies over one day.
Petitions
Senator Plymale presented a petition from Carlton N. Ray and
numerous West Virginia residents, requesting the Legislature to
reform the medical liability system.
Referred to the Committee on the Finance.
Senator Plymale presented a petition from Teresa A. Green and
one thousand forty-nine West Virginia residents, opposing any
increase in the tobacco tax.
Referred to the Committee on Finance.
Senator Edgell presented a petition from Nancy Anthony and one
thousand four hundred forty-seven West Virginia residents, opposing
any increase in the tobacco tax.
Referred to the Committee on Finance.
Senator Edgell presented a petition from Diane W. McAuley and
numerous Cameron Continuous Care Center employees, requesting the
Legislature to increase the tobacco tax in order to increase the
rate of reimbursement to personal care homes and residential board
and care homes.
Referred to the Committee on Finance.
Senator Edgell presented a petition from Sarah Cavendish and
twenty-one West Virginia residents, supporting Senate Bill No. 105
(Increasing tax on cigarettes) and House Bill No. 2119 (Increasing
the rate of the tax on cigarettes).
Referred to the Committee on Finance.
Senator Edgell presented a petition from Sheila Clark and
numerous Lewis Wetzel Personal Care Home employees and residents,
requesting the Legislature to increase the tobacco tax in order to
increase the rate of reimbursement to personal care homes and
residential board and care homes.
Referred to the Committee on Finance.
Senators Prezioso and Oliverio presented a petition from Lisa
Wayne and thirteen Marion County teachers, requesting the
Legislature to increase the tobacco tax by one dollar per pack of
cigarettes.
Referred to the Committee on Finance.
Senators Unger and Snyder presented a petition from Sylvia
Fries and thirty-four Martinsburg Senior High School teachers,
requesting the Legislature to increase the tobacco tax by one
dollar per pack of cigarettes.
Referred to the Committee on Finance.
Senators Unger and Snyder presented a petition from Valerie A.
Mackey and thirty-three Tuscarora Elementary School teachers,
requesting the Legislature to increase the tobacco tax by one
dollar per pack of cigarettes.
Referred to the Committee on Finance.
Senator Bailey presented a petition from Teresa A. Marrs and
one thousand nine hundred forty-nine West Virginia residents, opposing any increase in the tobacco tax.
Referred to the Committee on Finance.
Senators Sharpe and Minard presented a petition from Michael
J. Spatafore and twenty-five Harrison County teachers, requesting
the Legislature to increase the tobacco tax by one dollar per pack
of cigarettes.
Referred to the Committee on Finance.
Senator Hunter presented a petition from Judy Shrout and
seventy-four Mineral County teachers, requesting the Legislature to
increase the tobacco tax by one dollar per pack of cigarettes.
Referred to the Committee on Finance.
Senators Facemyer and Smith presented a petition from Michelle
Rinehart and two thousand two hundred eighty West Virginia
residents, opposing any increase in the tobacco tax.
Referred to the Committee on Finance.
Senator Dempsey presented a petition from Tamara Brown and two
thousand twenty-two West Virginia residents, opposing any increase
in the tobacco tax.
Referred to the Committee on Finance.
Senator Sprouse presented a petition from Brent Hudson and
three thousand six hundred thirty-one Kanawha County residents,
opposing any increase in the tobacco tax.
Referred to the Committee on Finance.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 204, Relating to
involuntary commitment generally.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
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. 204) 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. 336, Relating to uniform application
forms for credentialing, recredentialing and updating information
for health care practitioners.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 336) 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, Edgell, Facemyer, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr.
President)--33.
The nays were: None.
Absent: Fanning--1.
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. 336) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 356, Relating to insurance company holding systems and federal Gramm-Leach-Bliley Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 356) 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. 358, Relating to redomestication of
domestic insurance companies.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 358) 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. 424, Authorizing
commissioner of corrections to consent to transfer of convicted
offenders under federal treaty; informed consent.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
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. 424) 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, Edgell, Facemyer, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
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. 424) 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.
Senate Bill No. 375, Allowing transfer of contractor's license
to new business entity in certain cases.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 469, Continuing contractor licensing board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 470, Continuing board of manufactured housing construction and safety.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 471, Continuing board of pharmacy.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 206, Authorizing aides to
supervise students in in-school suspensions; limitation.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Rowe.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Fanning.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, February 11, 2003, at 11 a.m.
____________