sdj-62nd day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
EXTENDED SESSION, 2003
SIXTY-SECOND DAY
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Charleston, W. Va., Monday, March 10, 2003

     The Senate met at 6 p.m.
(Senator Tomblin, Mr. President, in the Chair.)
     Prayer was offered by the Honorable Shirley Love, a senator from the eleventh district.
     Pending the reading of the Journal of Sunday, March 9, 2003,
     On motion of Senator Sharpe, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendment to, and requested the Senate to recede therefrom, as to
     Eng. Com. Sub. for House Bill No. 2050, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
     On motion of Senator Chafin, the Senate refused to recede from its amendment to the bill and requested the appointment of a committee of conference of six from each house on the disagreeing votes of the two houses.
     Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
     Senators Helmick, Plymale, Prezioso, Sharpe, Minear and Facemyer.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Executive Communications
     The Clerk then presented communication from His Excellency, the Governor, advising that on March 10, 2003, he had approved Enr. Senate Bill No. 165, Enr. Senate Bill No. 417, Enr. Senate Bill No. 447, Enr. Senate Bill No. 461 and Enr. Senate Bill No. 462.
     The Senate proceeded to the fourth order of business.
     Senator Rowe, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 8th day of March, 2003, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (S. B. No. 283), Continuing public service commission.
     (S. B. No. 284), Continuing division of purchasing within department of administration.
     (S. B. No. 390), Removing requirement social security number appear on commercial driver's license.
     (Com. Sub. for S. B. No. 450), Creating automated tax administration system.
     And,
     (S. B. No. 470), Continuing board of manufactured housing construction and safety.
                              Respectfully submitted,
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Sharon Spencer,
                               Chair, House Committee.
     Without objection, the Senate returned to the third order of business.
     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 six from each house on the disagreeing votes of the two houses, as to
     Eng. Com. Sub. for House Bill No. 2050, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
     The message further announced the appointment of the following conferees on the part of the House of Delegates:
     Delegates Michael, Doyle, Warner, Leach, Mezzatesta and Hall.

The Senate proceeded to the twelfth order of business.

     Remarks were made by Senator Boley.
     Senator Chafin then moved that the Senate adjourn until tomorrow, Tuesday, March 11, 2003, at 6 p.m.
     The question being on the adoption of Senator Chafin's motion, and on this question, Senator Chafin demanded the yeas and nays.
     The roll being taken, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Love, McCabe, Minard, Minear, Plymale, Prezioso, Rowe, Sharpe, Smith, Snyder, Unger, Weeks, White and Tomblin (Mr. President)--29.
     The nays were: McKenzie, Oliverio and Sprouse--3.
     Absent: Kessler and Ross--2.
     So, a majority of those present and voting having voted in the affirmative, the President declared Senator Chafin's motion had prevailed.
     In accordance with the foregoing motion, the Senate adjourned until tomorrow, Tuesday, March 11, 2003, at 6 p.m.
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