WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

THIRTY-FIFTH DAY

____________

Charleston, W. Va., Tuesday, February 11, 2003

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

     Prayer was offered by the Reverend Louise Baker, Pentecostal Church of God, Middlebourne, West Virginia.
     Pending the reading of the Journal of Monday, February 10, 2003,
     On motion of Senator Prezioso, 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 Clerk presented the following communication from the Commission on Special Investigations:
WEST VIRGINIA LEGISLATURE

COMMISSION ON SPECIAL INVESTIGATIONS

CHARLESTON

January 31, 2003

West Virginia Legislature
Charleston, West Virginia
     Pursuant to Chapter 4, Article 5, Section 2 of the West Virginia Code, we submit the Twenty-second Annual Report of the Commission on Special Investigations to the West Virginia Legislature.
                              Respectfully submitted,
                               Earl Ray Tomblin,
                               Senate,
                               Robert S. Kiss,
                               House of Delegates,
                               Cochairs.
     Which communication and report were received and filed with the Clerk.
     The Senate 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. 2008--A Bill to amend article twenty-nine, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eleven, relating to providing law-enforcement employers civil immunity for disclosure of information regarding former law-enforcement officers; providing that information provided is presumed to be in good faith; and providing criteria for overcoming presumption.
     Referred to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
     Eng. Com. Sub. for House Bill No. 2122, Relating to medical professional liability generally.
     On motion of Senator Chafin, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of five from each house on the disagreeing votes of the two houses.
     Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
     Senators Kessler, Helmick, Minard, Plymale and Minear.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     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. 2268-A Bill to amend and reenact section two, article four, chapter eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section six, all relating to providing priority in selection for Underwood-Smith scholarships to qualified applicants with the highest academic abilities who intend to pursue careers in areas of critical need and shortage; providing legislative findings and intent for establishing special Underwood-Smith provisions for scholarships for teachers affected by reduction in force; providing separate eligibility requirements; providing for modified scholarship agreement; limiting amount of scholarship appropriations that may be expended for special program; requiring implementation of programs, course work and delivery methods to facilitate access to teacher preparation, continuing education and professional development; and requiring collaboration with workforce development office on other potential sources of funds to assist professional educators affected by reduction in force to gain additional certification in areas of critical need and shortage.
     Referred to the Committee on Education.
     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. Com. Sub. for House Bill No. 2705--A Bill to amend chapter twenty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article seven, relating to the supervision of adult offenders; and authorizing and directing the governor to execute a compact for the supervision of adult offenders.
     Referred to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2802--A Bill to amend article three, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine; and to amend article three, chapter thirty-six of said code by adding thereto a new section, designated section five-a, all relating to the description of property required to create an easement or right-of-way by deed or other legal instrument; providing that a description of the easement be filed with the deed or other instrument executing the easement; excludes specified easements and rights-of-way from this requirement; and exempts certain documents from survey and certification filing requirements.
     Referred to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2879--A Bill to amend and reenact section four, article twenty-eight, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the West Virginia commission on holocaust education.
     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. 10--Requesting the Joint Committee on Government and Finance to make a study of the advisability of seeking to improve the West Virginia Department of Transportation Employee Handbook in an effort to provide a clearer explanation of the meaning of and implications involved in the term "seniority" relative to the employees under the authority of that department.
     Whereas, The Department of Transportation has endured a disproportionally high number of grievances involving claims of discrimination based on personnel decisions involving questions of seniority; and
     Whereas, It is probable that fashioning a clearer explanation of the term "seniority", to be viewed in similar fashion by employees under the authority of the Department of Transportation, would earlier resolve questions concerning seniority and thereby reduce the cost involved in the grievance procedure while, additionally, reducing hostility among employees and improving employee morale; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby directed to review, examine and study the advisability of seeking to improve the West Virginia Department of Transportation Employee Handbook in an effort to provide a clearer explanation of the meaning of and implications involved in the term "seniority" relative to the employees under the authority of that department; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, 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 and to prepare a report be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Referred to the Committee on Rules.
     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. 11--Requesting the West Virginia Division of Highways to name the bridge located on Route 85, Kopperston Road, Wyoming County, West Virginia, the "Wavel Wayne Powell Bridge".
     Whereas, Wavel Wayne Powell was born on November 17, 1948, at Toney Fork, Kopperston Road, Route 85, Wyoming County, West Virginia, to Opal Brown Powell and Theodore W. Powell; and
     Whereas, Wavel Wayne Powell attended Oceana High School, graduating in May, 1966; and
     Whereas, Wavel Wayne Powell, unmarried, enlisted in the United States Army serving as a Private First Class with the 3rd Squadron 11th Armored Cavalry Regiment in the Republic of Vietnam where he started his tour of duty on March 31, 1969, until he was killed in action on May 2, 1969, in Binh Duong Province of South Vietnam; and
     Whereas, Wavel Wayne Powell was awarded the following medals posthumously for actions and conduct for participating in aerial flight in Vietnam while serving as a helicopter crew chief and gunner: From April 13, 1969, to April 26, 1969, the Air Medal for Meritorious Achievement; from April 27, 1969, to May 1, 1969, the Air Medal First Oak Leaf Cluster for Meritorious Achievement; on April 27, 1969, the Air Medal Second Oak Leaf Cluster for Heroism; from March, 1969, to May, 1969, the Bronze Star for Meritorious Achievement in Ground Operations against hostile forces; for actions resulting in his death on May 2, 1969, the Purple Heart; and from the President of the Republic of Vietnam on May 2, 1969, the Military Merit Medal; and
     Whereas, Wavel Wayne Powell was 20 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 actively participated in more than 25 aerial missions over hostile territory in support of counterinsurgency operations. His conduct exhibited discipline, bravery and devotion to his military service, his fellow servicemen and his country; and
     Whereas, Wavel Wayne Powell 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 Wavel Wayne Powell 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 located on Route 85, Kopperston Road, Wyoming County, West Virginia, near the family home and the bridge he played on and under as a child the "Wavel Wayne Powell 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 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 Wavel Wayne Powell.
     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. 25--Designating November as "Alzheimer's Awareness Month".
     Whereas, Approximately 41,000 West Virginians have Alzheimer's disease; and
     Whereas, West Virginia has the highest average age and highest percentage of Medicare recipients in the nation; and
     Whereas, While the state's total population is expected to remain constant indefinitely, its elderly population is projected to grow by sixty percent during the next twenty-five years due to low in-migration and the tendency for older residents to remain in the state; and
     Whereas, The number one risk factor for Alzheimer's disease is age. One in ten persons over age sixty-five and nearly half of those over eighty-five have Alzheimer's; and, increasingly, it is found in people in their forties and fifties; and
     Whereas, Alzheimer's disease is the third most expensive disease in the United States, after heart disease and cancer. The average lifetime cost per patient is close to $200,000; and
     Whereas, More than seven out of ten people with Alzheimer's disease live at home. Almost seventy-five percent of the home care is provided by family and friends. The remainder is paid care, costing an average of $12,500 per year, of which families pay almost all out-of-pocket; and
     Whereas, Half of all nursing home residents suffer from Alzheimer's disease or a related disorder. The average cost for a resident's care in a nursing home is $42,000 per year; and
     Whereas, The percentage of total Medicaid expenditures going to long-term care in West Virginia is a very low 23.1 percent, and the state is considered to be below average in nursing home expenditures; and
     Whereas, Neither Medicare nor private health insurance covers the long-term type of care most people with Alzheimer's disease need; and
     Whereas, Lack of specialized services for Alzheimer's patients in West Virginia is a problem. Where Alzheimer-specific services are available, they are often offered in private-pay settings, which many families cannot afford; and
     Whereas, The West Virginia Chapter of the Alzheimer's Association serves all fifty-five counties in West Virginia and six counties in eastern Ohio. It is committed to standing by those who have Alzheimer's disease and their families through support services, caregiver education, training for health care professionals, advocacy on issues that impact Alzheimer families, a caregiver assistance fund and support for research; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature of West Virginia hereby designates November as "Alzheimer's Awareness Month"; 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 appropriate representatives of the West Virginia chapter of the Alzheimer's Association.
     Referred to the Committee on Health and Human Resources.
     The Senate proceeded to the fourth order of business.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     Senate Bill No. 311, Authorizing division of motor vehicles to promulgate legislative rule relating to motor vehicle test and lock program.
     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,
                               Mike Ross,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration
     Senate Bill No. 316, Authorizing division of natural resources to promulgate legislative rule relating to commercial sale of wildlife.
     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 the Judiciary.
                              Respectfully submitted,
                               John Pat Fanning,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Natural Resources pending.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     Senate Bill No. 355, Allowing special registration plates for democratic executive committee members.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 355 (originating in the Committee on Transportation)--A Bill to amend and reenact section fourteen, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to motor vehicle registration plates; requiring the division of motor vehicles to design and issue special registration plates for use by democratic and republican state or county executive committee members; requiring the design of the plates to include the insignia of a donkey or an elephant, respectively; and requiring that at least one hundred executive committee party members must apply before the division may begin production of the plates.
     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,
                               Mike Ross,
                               Chair.
     The bill (Com. Sub. for S. B. No. 355), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     Senate Bill No. 456, Relating to construction financing for surface transportation improvements; federal grants.
     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,
                               Mike Ross,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
     By Senator Snyder (By Request):
     Senate Bill No. 480--A Bill to amend and reenact sections two and four, article three, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to requiring the secretary of the department of environmental protection to adopt federal regulations governing surface coal mining activities.
     Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
     By Senators Jenkins and Plymale:
     Senate Bill No. 481--A Bill to amend and reenact section thirty-three, article three, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the surcharge on fire and casualty insurance by one percent to benefit municipal police and firefighter retirement funds.
     Referred to the Committee on Banking and Insurance.
     By Senators Hunter, McCabe, Rowe, Snyder, Bowman, Minear, Sprouse, White, Unger, Harrison, Love, Weeks and Prezioso:
     Senate Bill No. 482--A Bill to amend and reenact section three-jj, article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to defining "adult-oriented establishment" relative to counties' authority to enact ordinances restricting location of exotic entertainment establishments; and authorizing counties to restrict the location of an "adult-oriented establishment".
     Referred to the Committee on the Judiciary.
     By Senators Snyder and Unger:
     Senate Bill No. 483--A Bill to amend and reenact section fifteen, article nine-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the public school support allowance for increased enrollment.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Minard, Jenkins, Rowe, Sharpe, Minear and Ross:
     Senate Bill No. 484--A Bill to amend and reenact section two, article twenty, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the types of entities that are governed by said article.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Minard, Jenkins, Minear, Sharpe and Ross:
     Senate Bill No. 485--A Bill to amend article forty-three, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four-a, relating to the authority of the commissioner to enter into agreements and compromises.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Minard, Jenkins, Rowe, Sharpe, Ross and Minear:
     Senate Bill No. 486--A Bill to amend and reenact section nine, article thirty-three, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the requirement that a certified public accountant must notify the insurer's board of directors or its audit committee if the insurer has materially misstated the insurer's financial condition.
     Referred to the Committee on Banking and Insurance.
     By Senators Minard and Jenkins:
     Senate Bill No. 487--A Bill to amend and reenact section one, article three-c, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to peer review organization protection; and adding health maintenance organization review committee to the definition of "review organization".
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Minard, Jenkins, Minear, Sharpe and Ross:
     Senate Bill No. 488--A Bill to amend and reenact sections ten and twelve, article twenty-two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the contingent liability of members of farmers' mutual fire insurance companies; and limiting the amount of risk such companies may undertake.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Love, Dempsey, Tomblin (Mr. President), Bailey, Helmick, Bowman, Snyder, White, Rowe, Hunter, Prezioso, Ross, McKenzie, Facemyer, Sprouse, Weeks and Caldwell:
     Senate Bill No. 489--A Bill to amend article sixteen-a, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto three new sections, designated sections thirty, thirty-one and thirty-two; and to amend article two, chapter twenty-four of said code by adding thereto a new section, designated section eleven-c, all relating to authorizing the parkways authority to provide wireless communications coverage; providing legislative findings to support the authorization; requiring the parkways authority to obtain a certificate of public convenience and necessity from the public service commission before constructing, maintaining or operating any wireless communication towers; authorizing the parkways authority to license space to carriers and charge fees; requiring the public service commission to require certificates of public convenience and necessity for the construction and maintenance of towers for wireless coverage; and requiring the public service commission to assist the parkways authority in preparing applications for public convenience and necessity and in preparing applications to initiate or increase fees charged for use of wireless communications towers.
     Referred to the Committee on Government Organization.
     By Senators Unger and Bailey:
     Senate Bill No. 490--A Bill to amend and reenact section one, article four, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the qualifications of prosecuting attorneys; requiring that a person may not be appointed or file as a candidate for election as prosecuting attorney unless he or she is licensed to practice law and has been engaged in the active practice of law, including trial experience before the courts of this state for not less than two years; and providing that the provision of this requirement relating to years of experience is not applicable to prosecuting attorneys in office who were elected in the general election of two thousand two.
     Referred to the Committee on the Judiciary.
     By Senator Bowman:
     Senate Bill No. 491--A Bill to amend and reenact section eight hundred one, article fourteen, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the bureau for child support enforcement to reduce monthly support payments when there has been an overpayment by an obligor.
     Referred to the Committee on the Judiciary.
     By Senators Prezioso and Weeks:
     Senate Bill No. 492--A Bill to amend and reenact section nine, article fifteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to sales tax exemptions generally; and providing sales tax exemptions for services and materials used in the construction of coal preparation plants, coal loadout facilities and coal stockpiling facilities.
     Referred to the Committee on Finance.
     Senators Facemyer, Smith, Hunter, Rowe, Deem, Ross, Kessler, Plymale, Helmick, Bowman, Edgell, Bailey, Prezioso, McCabe, Caldwell, Unger, White, Fanning, Jenkins, Minard, Sharpe, Dempsey, McKenzie, Oliverio, Sprouse, Minear, Guills, Boley and Tomblin (Mr. President) offered the following resolution:
     Senate Resolution No. 16--Congratulating the Poca High School football team on winning the 2002 Class AA championship.
     Whereas, The Poca High School football team had an exceptional season which earned it the opportunity to participate in the 2002 Class AA championship playoffs; and
     Whereas, The Poca High School football team won the 2002 Class AA championship, its second consecutive championship; and
     Whereas, The coaching staff, consisting of Bob Lemley, Mel Reed, Dave Rueckert, Charlie Hartley, Brad Knell, Joe Reynolds, Bruce Knell, Matt Raynes, Pedro Gibson and Jay Wilkinson, are commended for their outstanding leadership ability; and
     Whereas, The players on the Poca High School football team, including Matt Santmyer, Alan Barie, Tony Sotelo, Brent Roberts, Jake Shamblin, Josh Hull, Joe Hedrick, Eric Patton, Daniel Stidham, Steve White, Wesley Browning, James Wiseman, Daniel Lockard, James Pullen, Mitchell Browning, Jonathan McCormick, Fletcher Kinder, Sean Lowe, Ricky Saunders, Steven Holmes, Eric Gibson, Jarrett Smith, Chad Harris, Ashton McDaniel, Josh Conrad, Trey Dailey, Joey Compton, Joshua Harper, Brad Roberts, Brandon Rhodes, Ralph Whittaker, Zach Lanham, Alan Smith, Daniel Carter, Riley McCormick, Paul Ghareeb, Josh O'Dell, Drew Nutter, Robert Tabor, Justin Cook and Daniel Craigo, are commended for their outstanding athletic ability, team spirit and sportsmanship; therefore, be it
     Resolved by the Senate:
     That the Senate hereby congratulates the Poca High School football team on winning the 2002 Class AA championship; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the coaches and each team member of the Poca High School football team.
     At the request of Senator Facemyer, 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 resumed business under the sixth order.
Petitions

     Senator Bailey presented a petition from Stephen Burgess and one thousand ninety-nine Raleigh County residents, opposing any increase in the tobacco tax.
     Referred to the Committee on Finance.
     Senator Minard presented a petition from Charles Gregory and three thousand eight hundred five West Virginia residents, opposing any increase in the tobacco tax.
     Referred to the Committee on Finance.
     Senator Sprouse presented a petition from Cindy Coleman and three thousand four hundred ninety Kanawha County residents, opposing any increase in the tobacco tax.
     Referred to the Committee on Finance.
     Senator Boley presented a petition from Susan Cale-Marlow and one thousand six hundred thirty-nine Wood County residents, opposing any increase in the tobacco tax.
     Referred to the Committee on Finance.
     Senators Facemyer and Smith presented a petition from Carlita Miles and one thousand three hundred sixty-two West Virginia residents, opposing any increase in the tobacco tax.
     Referred to the Committee on Finance.
     Senator Dempsey presented a petition from Sandy Stout and one thousand seven hundred eighty West Virginia residents, opposing any increase in the tobacco tax.
     Referred to the Committee on Finance.
     Senator Love presented a petition from Brian Day and three thousand six hundred West Virginia residents, opposing any increase in the tobacco tax.
     Referred to the Committee on Finance.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 24, Urging Congress to enact legislation addressing navigational needs on rivers; funding.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Natural Resources.
     The Senate proceeded to the eighth order of business.
     Eng. Senate Bill No. 375, Allowing transfer of contractor's license to new business entity in certain cases.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 375) 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. 469, Continuing contractor licensing board.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 469) 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. 470, Continuing board of manufactured housing construction and safety.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 470) 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. 471, Continuing board of pharmacy.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 471) 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. 206, Authorizing aides to supervise students in in-school suspensions; limitation.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     The Senate then proceeded to the twelfth order of business.
     Remarks were made by Senator Snyder.
     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, Wednesday, February 12, 2003, at 11 a.m.
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