WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

EXTENDED SESSION, 2003

SIXTY-THIRD DAY

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

     The Senate met at 6 p.m.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by Isabella Bailey, the daughter of the Honorable Billy Wayne Bailey, Jr., a senator from the ninth district.
     Pending the reading of the Journal of Monday, March 10, 2003,
     On motion of Senator Dempsey, the Journal was approved and the further reading thereof dispensed with.
     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 11th 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:
     (Com. Sub. for H. B. No. 2599), Authorizing the department of education and the arts to promulgate legislative rules.
     (Com. Sub. for H. B. No. 2603), Authorizing the department of environmental protection to promulgate legislative rules.
      (H. B. No. 2794), Increasing the service fee for worthless checks.
      (H. B. No. 3037), Mandating that an apprentice fireman be terminated from employment following three unsuccessful attempts at passing an apprentice examination.
      And,
      (Com. Sub. for H. B. No. 3068), Empowering public service districts to enter into agreements for engineering, design or feasibility studies, without the prior approval of the public service commission.
                               Respectfully submitted,
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Sharon Spencer,
                               Chair, House Committee.
      Senator Bailey, 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 11th day of March, 2003, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for H. B. No. 2122), Relating to medical professional liability generally.
                               Respectfully submitted,
                               Billy Wayne Bailey, Jr.,
                               Member, Senate Committee.
                               Sharon Spencer,
                               Chair, House Committee.
     Senator Bailey then moved that the Senate adjourn until tomorrow, Wednesday, March 12, 2003, at 10 a.m.
     The question being on the adoption of Senator Bailey's motion, and on this question, Senator Bailey demanded the yeas and nays.
     The roll being taken, the yeas were: Bailey, Boley, Bowman, Caldwell, Dempsey, Edgell, Facemyer, Helmick, Jenkins, McCabe, Minard, Minear, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, White and Tomblin (Mr. President)--21.
     The nays were: Deem, Fanning, Guills, Harrison, Hunter, Kessler, Love, McKenzie, Oliverio, Sprouse and Weeks--11.
     Absent: Chafin and Unger--2.
     So, a majority of those present and voting having voted in the affirmative, the President declared Senator Bailey's motion had prevailed.
     In accordance with the foregoing motion, the Senate adjourned until tomorrow, Wednesday, March 12, 2003, at 10 a.m.
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