Upon expiration of the recess, the Senate reconvened and proceeded to the ninth order of business.
     Com. Sub. for Senate Bill No. 14, Prohibiting state and its political subdivisions from contracting with vendors owing debt.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 14 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, 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. Com. Sub. for S. B. No. 14) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Bill No. 40, Relating to powers and duties of tourism commission.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Senate Bill No. 40 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, 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. 40) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Bill No. 105, Increasing tax on cigarettes.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Facemyer, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     On page four, section four, lines nineteen and twenty, after the word "commissioner" by striking out the comma and the words "at the time of filing the report,";
     And,
     On page four, section four, line twenty-one, after the word "rate" by striking out the period and inserting the words "in accordance with the following schedule:
     (1) One third at the time of filing the report;
     (2) One third not later than sixty days after the effective date of the rate change; and
     (3) One third not later than ninety days after the effective date of the rate change."
     On motion of Senator Harrison, the following amendment to the bill (S. B. No. 105) was next reported by the Clerk:
     On page two, after the enacting section, by inserting the following:
ARTICLE 15. CONSUMERS SALES AND SERVICE TAX.

§11-15-9h. Reducing sales tax on food.
     (a) Notwithstanding any other provision to the contrary, the sales tax on packaged and fresh-grown food sold for human consumption off the premises where sold shall be reduced from six percent to five percent effective the first day of January, two thousand four.
     (b) As used in this section, the term "packaged food and fresh-grown food sold for human consumption" does not include food prepared in a kitchen or restaurant on premises of the retail facility for carry out and immediate consumption by the purchaser or persons related to or associated with the purchaser.
     Senator Chafin arose to a point of order that Senator Harrison's amendment to Senate Bill No. 105 was not germane to the bill.
     Which, point of order, the President ruled well taken.
     On motions of Senators Bailey, Facemyer, Fanning, Caldwell, Ross and McKenzie, the following amendment to the bill was next reported by the Clerk:
     On page two, section three, line four, by striking out the word "fifty-five" and inserting in lieu thereof the word "thirty- four".
     The question being on the adoption of the amendment offered by Senators Bailey, Facemyer, Fanning, Caldwell, Ross and McKenzie to the bill, the same was put.
     The result of the voice vote being inconclusive, Senator Facemyer demanded a division of the vote.
     A standing vote being taken, there were twelve "yeas" and twenty "nays".
     Whereupon, Senator Tomblin (Mr. President) declared the amendment offered by Senators Bailey, Facemyer, Fanning, Caldwell, Ross and McKenzie to the bill rejected.
     The bill (S. B. No. 105), as amended, was then ordered to engrossment and third reading.
     Com. Sub. for Com. Sub. for Senate Bill No. 153, Creating division of gaming.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senator Chafin moved that the constitutional rule requiring a bill to be read on three separate days be suspended.
     The roll being taken, the yeas were: Bailey, Bowman, Caldwell, Chafin, Dempsey, Edgell, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Unger, White and Tomblin (Mr. President)--24.
     The nays were: Boley, Deem, Facemyer, Guills, Harrison, McKenzie, Minear, Smith, Sprouse and Weeks--10.
     Absent: None.
     So, less than four fifths of the members present and voting having voted in the affirmative, the President declared the motion to suspend the constitutional rule rejected.
     Com. Sub. for Senate Bill No. 329, Authorizing miscellaneous agencies and boards to promulgate legislative rules.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Kessler, the bill was then rereferred to the Committee on the Judiciary.
     Senate Bill No. 352, Reenacting jobs act.
     On second reading, coming up in regular order, was read a second time.
     The following amendments to the bill, from the Committee on Economic Development, were reported by the Clerk, considered simultaneously, and adopted:
     On page six, section five, line five, after the word "file" by inserting a comma and the words "or require an employer as defined in section two of this article to file,";
     And,
     On page seven, by striking out all of section seven and inserting in lieu thereof a new section seven, to read as follows:
§21-1C-7. Effective date.
     This article is effective from passage through the fifteenth day of March, two thousand six.
     The bill (S. B. No. 352), as amended, was then ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Minear--1.
     Absent: None.
     Engrossed Senate Bill No. 352 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, 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. 352) passed with its title.
     Senator Chafin moved that the bill take effect March 15, 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, 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, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 352) takes effect March 15, 2003.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 371, Increasing penalty for obtaining money, property and services by false pretenses from persons over certain age.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Kessler, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 371 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, 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. Com. Sub. for S. B. No. 371) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 372, Allowing state police to engage in political activities in certain cases.
     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. 386, Increasing parole supervision fee.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 386 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, 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. Com. Sub. for S. B. No. 386) passed with its title.
     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, 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, 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. 386) takes effect July 1, 2003.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 396, Providing continuation of misdemeanor prosecutions in certain cases.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 396 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, 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. Com. Sub. for S. B. No. 396) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Bill No. 401, Exempting veterans' organizations from consumers sales and service tax.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Senate Bill No. 401 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, 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. 401) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 407, Providing penalty for worthless check written by out-of-state resident.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 407 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, 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. Com. Sub. for S. B. No. 407) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 410, Requiring ethics commission annually send advisory opinions to Legislature and supreme court library; other provisions.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 410 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, 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. Com. Sub. for S. B. No. 410) 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, 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, 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. 410) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 425, Authorizing higher education policy commission to participate in retirement and separation incentives.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Plymale, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     On page three, section one-d, lines forty and forty-one, by striking out the words "That an employee retiring pursuant to an early or phased retirement plan may begin collecting" and inserting in lieu thereof the words "Collection of";
     And,
     On page five, section one-d, line seventy-six, by striking out the words "five thousand dollars" and inserting in lieu thereof the words "the amount specified by the social security administration for retirees below the full retirement age".
     The bill (Com. Sub. for S. B. No. 425), as amended, was then ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 425 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, 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. Com. Sub. for S. B. No. 425) passed.
     On motion of Senator Plymale, the following amendment to the title of the bill was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 425--A Bill to amend and reenact section one-d, article one, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the higher education policy commission to participate in retirement and separation incentives; raising the allowable earnings limit of higher education personnel who retired under the severance plan; and setting forth an external standard to govern this limit.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Bill No. 436, Directing public service commission implement 211 information and referral system.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Senate Bill No. 436 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, 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. 436) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Bill No. 443, Establishing economic and infrastructure projects under development office guidelines.
     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 two, section three-e, line eleven, after the word "coal;" by inserting the word "and";
     On page three, section three-e, line nineteen, by striking out the word "foregoing";
     On page three, section three-e, line nineteen, after the word "findings" by inserting the words "in this subsection";
     On page four, section three-e, line forty-two, by striking out the words "shall be" and inserting in lieu thereof the word "is";
     On page four, section three-e, line forty-three, by striking out the word "so";
     On page four, section three-e, line forty-four, by striking out the word "thereof" and inserting in lieu thereof the words "of the coal";
     On page five, section three-e, line sixty-two, by striking out the words "hereby created" and inserting in lieu thereof the word "continued";
     On page five, section three-e, line sixty-seven, by striking out the word "hereby";
     On page five, section three-e, line seventy-two, after the word "improvements" by changing the comma to a period, striking out the word "which" and inserting in lieu thereof the word "The";
     And,
     On page six, section three-e, line eighty-five, by striking out the word "such".
     The bill (S. B. No. 443), as amended, was then ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Senate Bill No. 443 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, 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. 443) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 455, Authorizing retirement credit for public employment in another state.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 455 was then 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Plymale, Prezioso, Ross, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--29.
     The nays were: Boley, Minear, Oliverio, Rowe and Sharpe--5.
     Absent: None.
     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. 455) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Com. Sub. for Senate Bill No. 467, Allowing insurance agencies to operate as managing general agents; license.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 467 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, 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. Com. Sub. for Com. Sub. for S. B. No. 467) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 489, Authorizing parkways authority to construct, maintain, operate and lease wireless communications towers.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 489 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, 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. Com. Sub. for S. B. No. 489) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 496, Creating Motor Fuels Excise Tax Act.
     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 eleven, section fourteen, line twenty-seven, after the word "section" by changing the period to a colon and inserting the following proviso: Provided, however, That claims for refund or credit of the motor fuel excise tax under section nine, article fourteen-c of this chapter made by the United States government or unit or agency thereof, any municipal government or any agency thereof, or any county board of education will be subject to a thirty-day time period;
     On page one hundred eight, section twenty-three, line thirty- six, after the word "fourths" by inserting the words "of one percent";
     And,
     On page one hundred eight, section twenty-three, line forty- six, after the word "shall" by inserting the word "not".
     The bill (Com. Sub. for S. B. No. 496), as amended, was then ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 496 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, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--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. 496) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Com. Sub. for Senate Bill No. 497, Creating Commercial Prison Enabling and Contracting Act.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 497 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, 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. Com. Sub. for Com. Sub. for S. B. No. 497) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Bill No. 503, Providing penalty for unauthorized access to government computers or computer networks.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Senate Bill No. 503 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, 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. 503) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 505, Providing municipal fire chiefs retain rank in certain cases.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 505 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, 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. Com. Sub. for S. B. No. 505) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 507, Modifying and updating auctioneer licensing requirements.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 507 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Dempsey, 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)--33.
     The nays were: Deem--1.
     Absent: None.
     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. 507) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 534, Creating Third-Party Administrator Act.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 534 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, 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. Com. Sub. for S. B. No. 534) passed with its title.
     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, 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, 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. 534) takes effect July 1, 2003.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 535, Providing mandatory carding for all purchasers of nonintoxicating beer, wine and liquor; liability protection.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 535 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, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and White--33.
     The nays were: Tomblin (Mr. President)--1.
     Absent: None.
     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. 535) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Bill No. 553, Prohibiting killing bears weighing less than certain amount.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Senate Bill No. 553 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, 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. 553) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 576, Authorizing department of administration to regulate purchases and sales for flood and emergency relief.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 576 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, 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. Com. Sub. for S. B. No. 576) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 580, Providing for inspections of individual water supply and wastewater systems and certification of inspectors.
     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 two, section nine-c, by striking out all of subsection (a) and inserting in lieu thereof a new subsection (a), to read as follows:
     (a) An authorized representative of the bureau for public health, an authorized representative of a local board of health or an inspector certified by the commissioner of the bureau for public health shall perform inspections of individual water supply systems or individual wastewater systems.;
     On page three, section nine-c, line twenty-four, after the word "and" by inserting the word "individual";
     And,
     On page four, section nine-c, line forty-seven, after the word "testing" by inserting a comma and the word "certification".
     On motion of Senator Bowman, the following amendment to the bill (Com. Sub. for S. B. No. 580) was next reported by the Clerk and adopted:
     On page three, section nine-c, after line fifty, by adding thereto a new subdivision, designated subdivision (f), to read as follows:
     (f) Local boards of health are authorized to set, assess and collect reasonable fees for any inspection, evaluation or report made by an authorized representative of the local board of health pursuant to the provisions of this section.
     Following discussion,
     Senator Plymale arose to a point of order that the debate had now digressed to a discussion of the merits of the bill.
     Which point of order, the President ruled well taken.
     The bill (Com. Sub. for S. B. No. 580), as amended, was then ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 580 was then read a third time and put upon its passage.
     Pending discussion,
     The question being "Shall Engrossed Committee Substitute for Senate Bill No. 580 pass?"
     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. Com. Sub. for S. B. No. 580) passed.
     On motion of Senator Bowman, the following amendment to the title of the bill was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 580--A Bill to amend article one, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine-c, relating to inspections of individual water supply systems and individual wastewater systems; defining terms; providing for certification of inspectors; requiring the department of health and human resources to propose legislative rules related to inspections and certifications; and authorizing local boards of health to set and collect fees for inspections and reports made by their representatives.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     On motion of Senator Chafin, the Senate recessed for five minutes.
Night Session

     Upon expiration of the recess, the Senate reconvened and resumed business under the ninth order.
     Com. Sub. for Com. Sub. for Senate Bill No. 583, Creating coal resource transportation road system.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Hunter, the following amendment to the bill was reported by the Clerk:
     On page nineteen, section eleven-d, lines seven and eight, by striking out the words "plus a tolerance of ten percent,".
     The question being on the adoption of Senator Hunter's amendment to the bill, the same was put and did not prevail.
     On motion of Senator Hunter, the following amendment to the bill (Com. Sub. for Com. Sub. for S. B. No. 583) was next reported by the Clerk:
     On pages fifty-two and fifty-three, section thirteen, lines fourteen through twenty-three, by striking out all of subsection (c).
     The question being on the adoption of Senator Hunter's amendment to the bill, the same was put and did not prevail.
     On motion of Senator Hunter, the following amendment to the bill (Com. Sub. for Com. Sub. for S. B. No. 583) was next reported by the Clerk:
     On page twenty-seven, section three, line sixty-two, by striking out the word "cent" and inserting in lieu thereof the word "dollar".
     The question being on the adoption of Senator Hunter's amendment to the bill, the same was put and did not prevail.
     On motion of Senator Love, the following amendment to the bill (Com. Sub. for Com. Sub. for S. B. No. 583) was next reported by the Clerk and adopted:
     On page twenty-three, section two, line sixteen, after the words "County, routes" by inserting "9,".
     On motion of Senator White, the following amendment to the bill was next reported by the Clerk:
     On page twenty-seven, section three, line sixty-two, by striking out the words "one cent" and inserting in lieu thereof the words "twenty-five cents".
     The question being on the adoption of Senator White's amendment to the bill, the same was put and did not prevail.
     The bill (Com. Sub. for Com. Sub. for S. B. No. 583), as amended, was then ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 594, Increasing membership on public employees insurance agency finance board.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 594 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, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Plymale--1.
     Absent: None.
     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. 594) 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, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Plymale--1.
     Absent: None.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 603, Establishing Nick J. Rahall II Appalachian Transportation Institute as permanent statewide trail plan coordinator.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Committee Substitute for Senate Bill No. 603 was then read a third time and put upon its passage.
     Prior to the call of the roll, Senator Plymale 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, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: None.
     Excused from voting: Plymale--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. 603) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Bill No. 618, Authorizing municipalities to permit certain veterans to park free.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Senate Bill No. 618 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, 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. 618) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Bill No. 620, Relating to racetrack video lottery capital reinvestment fund generally.
     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 two, section ten-c, line fifteen, after the word "facilities" by inserting the words "located in West Virginia".
     The bill (S. B. No. 620), as amended, was then ordered to engrossment and third reading.
     Senator Chafin moved that the constitutional rule requiring a bill to be read on three separate days be suspended.
     The roll being taken, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Unger, White and Tomblin (Mr. President)--27.
     The nays were: Boley, Guills, Harrison, Minear, Smith, Sprouse and Weeks--7.
     Absent: None.
     So, less than four fifths of the members present and voting having voted in the affirmative, the President declared the motion to suspend the constitutional rule rejected.
     Senate Bill No. 627, Renaming Guthrie Center Gus R. Douglass Agricultural Center.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Senate Bill No. 627 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, 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. 627) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Bill No. 652, Renaming Marion health care hospital John Manchin, Sr., health care center.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Senate Bill No. 652 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, 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. 652) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Bill No. 653, Coordinating standardized curricula for nursing undergraduate programs.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Prezioso, the bill was then referred to the Committee on Education.
     Senate Bill No. 654, Extending supervision for certain sex offenders.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Engrossed Senate Bill No. 654 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, 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. 654) 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 House Bill No. 2359, Allowing the state fire marshal to retain all of the special revenue fees collected by his office.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the sixth order of business for the purpose of making main motions.
     Senator Chafin moved that the Senate request the return from the House of Delegates of
     Eng. Senate Bill No. 648, Relating to election laws generally.
     Passed by the Senate in prior proceedings today; for the purpose of subsequently moving reconsideration of the vote thereon.
     The question being on the adoption of Senator Chafin's aforestated motion, the same was put.
     The result of the voice vote being inconclusive, Senator Unger demanded a division of the vote.
     A standing vote being taken, there were twenty "yeas" and twelve "nays".
     Whereupon, Senator Tomblin (Mr. President) declared Senator Chafin's aforestated motion had prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence as to the recall of Engrossed Senate Bill No. 648.
     The Senate proceeded to the tenth order of business.
     Com. Sub. for Senate Bill No. 7, Relating to contract for coach in county school system.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     At the request of Senator Sprouse, and by unanimous consent, the Senate returned to the sixth order of business for the purpose of making main motions.
     Senator Sprouse moved that the Senate recall from the House of Delegates
     Eng. Com. Sub. for Senate Bill No. 594, Increasing membership on public employees insurance agency finance board.
     Passed by the Senate in prior proceedings tonight,
     The question being on the adoption of Senator Sprouse's aforestated motion, the same was put and did not prevail.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, February 28, 2003 at 11 a.m.
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