WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

FIFTIETH DAY

____________

Charleston, W. Va., Wednesday, February 26, 2003

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

     Prayer was offered by the Reverend Michael A. Brendel, Sr., Boomer Baptist Church, Boomer, West Virginia.
     Pending the reading of the Journal of Tuesday, February 25, 2003,
     On motion of Senator Boley, 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 passage of
     Eng. Senate Bill No. 165, Continuing commission for national and community service.
     A message from The Clerk of the House of Delegates announced the passage by that body, without amendment, to take effect July 1, 2003, and requested the concurrence of the Senate in the changed effective date, of
     Eng. Senate Bill No. 182, Meeting federal standards for certain child passenger seats and safety device.
     On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
     On further motion of Senator Chafin, the Senate concurred in the changed effective date of the bill, that being to take effect July 1, 2003, instead of ninety days from passage.
     Senator Chafin moved that the bill take effect July 1, 2003.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: McKenzie--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. 182) takes effect July 1, 2003.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 416, Continuing massage therapy licensure board.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 418, Continuing investment management board.
     A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of five from each house on the disagreeing votes of the two houses, as to
     Eng. Com. Sub. for House Bill No. 2120, Relating to workers' compensation generally.
     The message further announced the appointment of the following conferees on the part of the House of Delegates:
     Delegates Michael, Cann, Mezzatesta, Doyle and Hall.
     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. 2240--A Bill to amend and reenact sections thirty, thirty-three and thirty-four, article two, chapter twenty 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 thirty-three-a, all relating generally to hunting and fishing license applications and fees; statement of eligibility for license; false statement; electronic application for license to apprise applicant of hunters helping the hungry program; voluntary donations; creating subaccount designated "hunters helping the hungry fund"; authorized expenditures; and technical amendments.
     Referred to the Committee on Natural Resources; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2003, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2359--A Bill to amend and reenact sections twelve-b and twenty-two, article three, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the fire marshal fees fund; eliminating the transfer of ten percent of the fees collected by the state fire marshal to general revenue; and transferring a portion of the insurance company tax to the fund.
     At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
     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. 2696--A Bill to amend and reenact section four-b, article one, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the authority of the commissioner of agriculture to increase certain fees to cover the costs of certain services; and removing certain limitations.
     Referred to the Committee on Agriculture; and then 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. House Bill No. 2847--A Bill to amend and reenact section thirteen, article seven, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the law-enforcement agency that places a person under arrest being responsible for the person's initial transportation to a regional or county jail, except where a transportation agreement exists between the other agency and the sheriff.
     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. 2878--A Bill to amend article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-a, relating to civil service for municipal firefighters generally; allowing certain municipalities providing advanced life support ambulance services to examine, train and employ firefighter paramedics; and requiring firefighter paramedics to maintain a paramedic license and complete all required fire service training.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2902--A Bill to amend article ten, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five-v, relating to confidentiality and disclosure of information set forth in oil and gas combined reporting form specified in subsection (d), section three-a, article thirteen-a of said chapter; setting forth exceptions to confidentiality; providing that confidentiality of such information does not prohibit publication or release of summary statistical information derived from oil and gas combined reporting forms; authorizing disclosure of oil and gas combined reporting form information to county assessors, department of environmental protection and public service commission; relating to the confidentiality and nondisclosure of other information reported under article thirteen-a of said chapter; and establishing criminal penalties for the unlawful disclosure of confidential information obtained from the oil and gas combined reporting form.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 3009--A Bill to amend and reenact section four, article one, chapter twenty-nine-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to excluding certain records from the freedom of information act that are collected in the interest of homeland security by governmental bodies.
     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. 3010--A Bill to amend and reenact section four, article nine-a, chapter six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to establishing an exemption from the open governmental meetings act for discussions by a governmental body of certain activities associated with the protection of public safety or public health as it relates to terrorist activity or the threat of terrorist activity.
     Referred to the Committee on the Judiciary.
     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. 3187--A Bill to amend article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section forty-five-a, relating to authority of the state superintendent to grant certain limited exemptions to provisions for the scheduling and use of instructional days and times in certain circumstances; providing for application by county board and purposes; limiting affect; specifying types of exemptions; and providing for report to oversight commission.
     Referred to the Committee on Education.
     A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 27--Requesting the Joint Committee on Government and Finance study the impact of the diminishing tax base and loss of revenue that occurs when federal and state parks and forests located within the state geographically expand and also explore alternative sources of revenue that local governments may look toward when private lands are converted to public lands within the boundaries of parks and forests.
     Whereas, When federal and state parks and forests expand their boundaries to include former private lands within their boundaries, counties and local governments lose tax revenue associated with property taxes and other taxes previously imposed while the property was held privately; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the impact of the diminishing tax base and loss of revenue that occurs when federal and state parks and forests located within the state geographically expand and to also explore alternative sources of revenue that local governments may look toward when private lands are converted to public lands within the boundaries of parks and forests; 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, to prepare a report and to draft necessary legislation 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. 54--Directing the Joint Committee on Government and Finance to make a study on economically feasible methods to provide access to library services for the large number of West Virginia citizens living in remote areas.
     Whereas, West Virginia is a rural state wherein thirty-four percent of West Virginians live in counties of less than 33,000 people; and
     Whereas, Many of these counties have limited financial resources and large sparsely populated areas; and
     Whereas, Many of these rural residents do not have ready access to the resources of a public library; and
     Whereas, Information and educational support provided by public libraries are recognized as an important tool in the development of an economically viable population; and
     Whereas, Small rural communities do not have the resources to support a permanent library facility; and
     Whereas, Libraries which already exist in the smaller, more rural areas do not have the resources to provide meaningful outreach services to their most rural patrons; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby directed to make a study on economically feasible methods to provide access to library services for the large number of West Virginia citizens living in remote areas; and, be it
     Further Resolved, That the access to library services for the purposes of the study means the broad range of services provided by libraries, including, but not limited to:
     (1) Access the materials and information available in a public library;
     (2) Opportunities for individuals to avail themselves of the services of the library's information professionals who can help teach them how to access and evaluate information-gathering tools and apply information procured;
     (3) Access on-line resources provided by libraries, such as magazine and newspaper articles; study guides for standardized tests such as the ACT or SAT; job and career information, including the ability to apply for jobs electronically; current medical information; etc.; and
     (4) Access materials that support and supplement school curriculum, including library programs which encourage the development of reading skills in emerging readers; and, be it
     Further Resolved, That the methods of providing access that are studied shall include, but not be limited to, the use of bookmobiles to provide for the delivery of these services; and, be it
     Further Resolved, That the said Joint Committee on Government and Finance shall conduct the study and prepare a report of its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; 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, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Referred to the Committee on Rules.
     The Senate proceeded to the fourth order of business.
     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. 7, Relating to contract for coach in county school system.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 7 (originating in the Committee on Education)--A Bill to amend article two, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fourteen, relating to the term of contract for a person hired as a coach in the county school system.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Robert H. Plymale,
                               Chair.
     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. 371, Increasing penalty for obtaining money, property and services by false pretenses from certain persons.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 371 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section twenty-four, article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to enhanced criminal penalties for obtaining money, property and services by false pretenses from persons sixty-five years of age and older.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 371) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     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. 413, Increasing various county fees and dedicating to courthouse facilities improvement fund.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 413 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section seven, article one-c, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section twenty-six, article three, chapter eleven-a of said code; to amend and reenact sections one and two, article three, chapter fifty of said code; to amend and reenact sections ten, eleven and twenty-eight-a, article one, chapter fifty-nine of said code; to further amend said article by adding thereto a new section, designated section ten-a; to amend and reenact section seventeen, article two of said chapter; and to amend and reenact section four, article seven, chapter sixty-one of said code, all relating to modifying certain county clerk, circuit clerk, assessor, sheriff, prosecuting attorney and magistrate court fees; providing for a decrease in the marriage license fee for premarital counseling; and dedicating fee increases to the courthouse facilities improvement fund.
     And,
     Senate Bill No. 610, Increasing licensing fees by alcohol beverage control administration.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 610 (originating in the Committee on the Judiciary)--A Bill to amend and reenact sections nine and ten, article sixteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section twelve, article three-a, chapter sixty of said code; to amend and reenact sections fifteen and twenty-two, article four of said chapter; to amend article seven of said chapter by adding thereto a new section, designated section nine; and to amend and reenact section three, article eight of said chapter, all relating generally to businesses selling nonintoxicating beer, alcoholic liquors or wine; increasing annual licensing fees of West Virginia alcohol beverage control administration licensees; prohibiting private clubs from having limited video lottery license unless they are a bona fide private club; making technical corrections; and providing effective dates.
     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,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bills (Com. Sub. for S. B. Nos. 413 and 610) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were 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. 540, Relating to reporting unauthorized workers employed in state.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 540 (originating in the Committee on Labor)--A Bill amend and reenact sections one, two and three, article one-b, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to reporting of unauthorized workers employed in West Virginia; and defining unauthorized workers.
     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,
                               Herb Snyder,
                               Chair.
     At the request of Senator Snyder, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 540) contained in the preceding report from the Committee on Labor was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
     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. 605, Establishing Community Improvement Act.
     With amendments from the Committee on Economic Development pending;
     And reports the same back without recommendation as to passage.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 605) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Helmick, the bill was rereferred to the Committee on Finance, with amendments from the Committee on Economic Development pending.
     The Senate proceeded to the sixth order of business.
     Senators Bowman and Hunter offered the following resolution:
     Senate Concurrent Resolution No. 36--Requesting the Joint Committee on Government and Finance study a two-rate tax pilot project using Ohio County real and personal property tax records as a basis to 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, The concept of a two-rate tax system on real and personal property, with a higher assessment rate on land than on buildings or structures on the land, could lead to changes in the state's tax structure on real and personal property which may result in an elimination or reduction of such taxes as the food tax, the business and occupation tax and user taxes; and
     Whereas, A two-rate tax system on real and personal property could be implemented by an amendment to the state Constitution to authorize counties and municipalities to impose such a tax structure; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study a two-rate tax pilot project using Ohio County real and personal property tax records as a basis to 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, 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, 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 Weeks presented a petition from Brenda Woodson and one hundred sixty-one West Virginia residents, supporting House Bill No. 2360 (Prohibiting a municipality from closing a fire department without advance approval of the state fire marshal).
     Referred to the Committee on the Judiciary.
     Senator Caldwell presented a petition from Janice Rose and one hundred fourteen Mercer County residents, requesting the Legislature to restore public transit funds and determine a dedicated funding source to support public transit.
     Referred to the Committee on Finance.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 6, Requesting Joint Committee on Government and Finance study traffic control on turnpike and certain highways.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Concurrent Resolution No. 9, Requesting Joint Committee on Government and Finance study establishing residential community for senior citizens.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Concurrent Resolution No. 12, Requesting Joint Committee on Government and Finance study bail bondsmen.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Concurrent Resolution No. 15, Requesting Joint Committee on Government and Finance study foster care system.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Concurrent Resolution No. 19, Requesting Department of Health and Human Resources study teenage in-vehicle drinking and related drug use.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Concurrent Resolution No. 20, Requesting Joint Committee on Government and Finance study impact on tax base of local governments when private lands are converted to parks or forests.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Concurrent Resolution No. 27, Requesting Joint Committee on Government and Finance study protection of water supply.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Concurrent Resolution No. 34, Requesting Joint Committee on Government and Finance study administration of estates.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Resolution No. 23, Granting permission to introduce joint resolution proposing amendment to Constitution designated Legislators' Right to Hold Civil Office Amendment.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     House Concurrent Resolution No. 4, Urging President Bush to reconsider newly issued VA regulations that will change veterans' access to health care services.
     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. 46, Naming Mullens Overhead Bridge located on State Route 16 in Mullens, Wyoming County, West Virginia the "Sergeant Jack W. Staton 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.
     The Senate proceeded to the eighth order of business.  Eng. Com. Sub. for Senate Bill No. 51, Setting required and permitted uses of proceeds from charitable bingo and raffles.
     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, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: Boley and Harrison--2.
     Absent: McKenzie--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. 51) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: Boley and Harrison--2.
     Absent: McKenzie--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. 51) 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. 136, Exempting mandatory immunizations for religious beliefs.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Kessler, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 362, Establishing Public-Private Transportation Act of 2003.
     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. Com. Sub. for Senate Bill No. 364, Strengthening multidisciplinary treatment team process for children involved in court 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: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: McKenzie--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. 364) 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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: McKenzie--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. 364) 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. 383, Allowing alcohol beverage control commissioner, with approval of governor and board of public works, to sell warehouse and purchase replacement.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to offer an amendment to the bill on third reading.
     Thereupon, the following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page three, section eleven, line twenty-six, after the word "Virginia" by changing the semicolon to a colon and inserting the following proviso: "Provided, That the commissioner may only sell the property if it is determined that the soil beneath the warehouse is contaminated with toxic chemicals;".
     The bill, as just amended, was again ordered to engrossment.
     Engrossed Committee Substitute for Senate Bill No. 383 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: McKenzie--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. 383) 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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: McKenzie--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. 383) 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. 387, Increasing time to perfect liens for certain debts.
     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, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: McKenzie--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. 387) 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. 405, Changing personal care homes to assisted living residences; extending board.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar.
     Eng. Senate Bill No. 428, Directing auditor issue warrants for payment of certain claims against state.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     Prior to the call of the roll, Senator Sharpe moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
     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, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: McKenzie--1.
     Excused from voting: Sharpe--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. 428) 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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: McKenzie--1.
     Excused from voting: Sharpe--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. 428) 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. 477, Relating to transfer of certain fees to general revenue fund by fire marshal.
     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. 608, Allowing continuance of summary certificate of need reviews for proposed behavioral health services.
     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, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: McKenzie--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. 608) 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. 616, Allowing municipalities to enact occupation privilege fee.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Facemyer, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Eng. Senate Bill No. 646, Authorizing centers for economic development and technology advancement.
     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, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: McKenzie--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. 646) 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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: McKenzie--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. 646) 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. 647, Establishing and maintaining self-insurance account by investment management 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, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: McKenzie--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. 647) 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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: McKenzie--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. 647) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The end of today's third reading calendar having been reached, the Senate returned to the consideration of
     Eng. Com. Sub. for Senate Bill No. 405, Changing personal care homes to assisted living residences; extending board.
     On third reading, coming up in deferred 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, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: McKenzie--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. 405) 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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: McKenzie--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. 405) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the ninth order of business.   Com. Sub. for Com. Sub. for Senate Bill No. 151, Relating to reorganizing executive branch of government.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Bowman, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     On page twenty-nine, section two, line five, by striking out the word "thirteen" and inserting in lieu thereof the word "fifteen";
     On page twenty-nine, section two, line twenty, after the word "governor" by inserting the words "and the governor shall designate one department secretary as chair of the commission";
     On page thirty, section two, line twenty-two, by striking out the word "One" and inserting in lieu thereof the word "Two";
     On page thirty, section two, line twenty-four, by striking out the word "One" and inserting in lieu thereof the word "Two";
     On page thirty, section two, line twenty-eight, by striking out the word "two" and inserting in lieu thereof the word "four";
     And,
     On page thirty, section two, by striking out all of subsection (d).
     The bill (Com. Sub. for Com. Sub. for S. B. No. 151), as amended, was then ordered to engrossment and third reading.
     Senate Bill No. 173, Exempting consumers sales tax for United States flag.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page twenty-eight, section nine, line five hundred sixty- two, by striking out all of subdivision (49) and inserting in lieu thereof a new subdivision (49), to read as follows:
     (49) Sales of the regulation size United States flag and the regulation size West Virginia flag for display.
     The bill (S. B. No. 173), as amended, was then ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 287, Authorizing various agencies within department of tax and revenue to promulgate legislative rules.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 341, Creating Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
     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. 450, Creating automated tax administration system.
     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. 453, Establishing domestic violence fatality review team.
     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. 456, Relating to construction financing for surface transportation improvements; federal grants.
     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. 494, Regulating fees between cemeteries, certain companies and veterans for setting grave markers.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 527, Relating to property owner's liability for costs associated with waste tires.
     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. 558, Establishing County and Municipal Economic Opportunity Development District Acts.
     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. 615, Permitting independent voters to vote for candidate of any political party.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Unger, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     On pages two and three, section thirty-one, lines fifteen and sixteen, by striking out the words "be designated on his or her voter registration record as affiliated with that political party" and inserting in lieu thereof the words "have his or her choice of political party ballot for that election clearly noted on his or her voter registration record together with the date of said election, but the unaffiliated or 'independent' designation of such voter shall not change";
     On page three, section thirty-one, lines eighteen through twenty-one, by striking out the following: The receiving clerk, prior to providing a ballot to an unaffiliated voter, shall advise the voter that, upon voting, he or she will be registered as affiliated with the political party for whom he or she voted.;
     And,
     On page three, section thirty-one, line twenty-three, by striking out the words "anytime after the election" and inserting in lieu thereof the words "at any time".
     The bill (Com. Sub. for S. B. No. 615), as amended, was then ordered to engrossment and third reading.
     Senate Bill No. 634, Defining crow as gamebird.
     On second reading, coming up in regular order, was read a second time.
     The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
     On page nine, section five, line twenty, by striking out the words "shall be" and inserting in lieu thereof the word "is";
     On page ten, section five, line thirty-two, by striking out the words "shall be" and inserting in lieu thereof the word "is";
     On page ten, section five, line forty, by striking out the words "may be";
     On page eleven, section five, line fifty-eight, by striking out the word "may" and inserting in lieu thereof the word "shall";
     On page twelve, section five, line seventy-five, by striking out the words "shall be" and inserting in lieu thereof the word "are";
     On page fifteen, section five, line one hundred forty-nine, by striking out the words "shall be" and inserting in lieu thereof the word "is";
     On page sixteen, section five, line one hundred fifty-eight, by striking out the word "same" and inserting in lieu thereof the word "arrow";
     And,
     On page eighteen, section five, line two hundred twelve, by striking out the words "shall be" and inserting in lieu thereof the word "is".
     The bill (S. B. No. 634), as amended, was then ordered to engrossment and third reading.
     Senate Bill No. 648, Relating to election laws generally.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 650, Defining waters of state.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Prezioso, the following amendment to the bill was reported by the Clerk and adopted:
     On page four, section three, after line twenty-three, by adding a new subsection, designated subsection (d), to read as follows:
     (d) The state has a public interest in assuring that the waters of the state are available to support existing and future beneficial uses including, but not limited to, commerce, industry, agriculture and recreational purposes.
     The bill (S. B. No. 650), as amended, was then ordered to engrossment and third reading.
     The Senate proceeded to the tenth order of business.   Senate Bill No. 105, Increasing tax on cigarettes.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 652, Renaming Marion health care hospital John Manchin, Sr., health care center.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 653, Coordinating standardized curricula for nursing undergraduate programs.
     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 Hunter, White, Snyder, Facemyer and Bowman.
     Thereafter, at the request of Senator Love, and by unanimous consent, the remarks by Senators Hunter and White were ordered printed in the Appendix to the Journal.
     At the request of Senator Chafin, unanimous consent being granted, the Senate returned 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
     Eng. Com. Sub. for House Bill No. 2511, Authorizing the issuance of a special motor vehicle license plate for "Nemesis Shrine" members.
     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,
                               Mike Ross,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Transportation pending.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.