WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

EXTENDED SESSION, 2003

SIXTY-FIFTH DAY

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Charleston, W. Va., Thursday, March 13, 2003

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

     Prayer was offered by the Honorable Steve Harrison, a senator from the eighth district.
     Pending the reading of the Journal of Wednesday, March 12, 2003,
     On motion of Senator Minard, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the third order of business.
Executive Communications

     The Clerk then presented communications from His Excellency, the Governor, advising that on March 13, 2003, he had approved Enr. Senate Bill No. 283, Enr. Senate Bill No. 284, Enr. Senate Bill No. 390, Enr. Committee Substitute for Senate Bill No. 450, Enr. Senate Bill No. 470, Enr. Committee Substitute for House Bill No. 2094, Second Enrollment Enr. Committee Substitute for House Bill No. 2122, Enr. Committee Substitute for House Bill No. 2301, Enr. House Bill No. 2696, Enr. Committee Substitute for House Bill No. 2733 and Enr. House Bill No. 2891.
     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 12th 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. 2001), Restricting public access to military discharge forms recorded in the county clerks office.
      (Com. Sub. for H. B. No. 2190), Permitting certain farm vehicles to use the highways between sunset and sunrise .
     (Com. Sub. for H. B. No. 2443), Relating to the assessment of banking institutions.
      (Com. Sub. for H. B. No. 2500), Clarifying the authority of the courts to continue protective orders during certain proceedings.
      (Com. Sub. for H. B. No. 2556), Requiring the insurance commissioner to issue an annual communication to increase awareness of certain flood insurance issues.
      (Com. Sub. for H. B. No. 2615), Authorizing the department of military affairs and public safety to promulgate legislative rules.
      (Com. Sub. for H. B. No. 2625), Authorizing the department of health and human resources to promulgate legislative rules.
      (Com. Sub. for H. B. No. 2648), Authorizing the department of transportation to promulgate legislative rules.
      (Com. Sub. for H. B. No. 2868), Allowing alcohol beverage control commissioner to enter into contracts for sale and promotion of certain proprietary scanner technology.
     (H. B. No. 2870), Specifying the jurisdiction of the PSC over, and the application of public utility laws to, certain described electric generating facilities.
     (Com. Sub. for H. B. No. 2910), Establishing an "Amber Alert" system to be utilized to rapidly disseminate information with regard to abducted and missing children.
      (Com. Sub. for H. B. No. 2965), Authorizing the division of corrections and the state fire marshal to retire, transfer or dispose of canines used within these departments.
      (H. B. No. 3077), Authorizing the tax commissioner to enter into agreements with the internal revenue service for offsetting tax refunds against tax liabilities.
     (Com. Sub. for H. B. No. 3117), Requiring contractors bidding on public works construction projects to submit valid bid bonds in their proposals and to direct how public bids are received.
     And,
     (H. B. No. 3199), Relating to reduced telephone service rates for qualified low-income residential consumers.
                               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 13th 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. 112), Allowing farm wineries to manufacture, serve and sell certain wines.
     And,
     (S. B. No. 646), Authorizing centers for economic development and technology advancement.
                              Respectfully submitted,
                               Billy Wayne Bailey, Jr.,
                               Member, Senate Committee.
                               Sharon Spencer,
                               Chair, House Committee.
     Senator Bailey then moved that the Senate adjourn until tomorrow, Friday, March 14, 2003, at 5 p.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, Fanning, Harrison, Helmick, Jenkins, Kessler, Love, McCabe, Minard, Minear, Plymale, Prezioso, Rowe, Sharpe, Smith, Snyder, Unger, Weeks, White and Tomblin (Mr. President)--26.
     The nays were: Deem, Hunter, McKenzie, Oliverio and Ross--5.
     Absent: Chafin, Guills and Sprouse--3.
     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, Friday, March 14, 2003, at 5 p.m.
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