WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

EXTENDED SESSION, 2003

SIXTY-SIXTH DAY

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Charleston, W. Va., Friday, March 14, 2003

     The Senate met at 5 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 Thursday, March 13, 2003,
     On motion of Senator Prezioso, 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 a communication from His Excellency, the Governor, advising that on March 14, 2003, he had approved Enr. Committee Substitute for House Bill No. 3014.
     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 14th 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 S. B. No. 178), Relating to subject matter jurisdiction in family courts.
     (S. B. No. 352), Reenacting jobs act.
      (H. B. No. 2110), Declaring that lawful design, marketing, manufacture or sale of firearms or ammunition to the public is not an unreasonably dangerous activity.
      (Com. Sub. for H. B. No. 2406), Immunity from civil liability for members of a national ski patrol system.
      (H. B. No. 2441), Increasing the minimum subscribed capital stock and capital surplus for new bank charter applications.
      (H. B. No. 2514), Authorizing the board of banking and financial institutions to prohibit individuals removed from one financial institution from participating in the affairs of other financial institutions.
      (H. B. No. 2534), Eliminating the property value limit on the application of the tax.
     (Com. Sub. for H. B. No. 2592), Authorizing the department of administration to promulgate legislative rules .
     (Com. Sub. for H. B. No. 2694), Protecting the beekeeping industry.
     (H. B. No. 2700), Adding health maintenance organization review committee to the definition of "review organizations".
     (Com. Sub. for H. B. No. 2714), Relating to the donation of firefighting and fire rescue equipment and insurance policies dealing with immunity coverage provisions.
     (H. B. No. 2840), Increasing the number of members on the Greater Huntington Park and making other changes in the act.
     (Com. Sub. for H. B. No. 2902), Relating to confidentiality and disclosure of information set forth in oil and gas combined reporting form.
      (Com. Sub. for H. B. No. 2948), Giving consumers greater opportunity to successfully obtain discontinuation of foreclosure sales and other efforts to repossess property.
      (H. B. No. No. 2953), Establishing a mechanism to eliminate any actuarially projected unfunded liability in the Prepaid Tuition Trust Fund.
      (H. B. No. 3016), Allowing the department of health and human resources to retain adult protective service records for thirty years.
      (H. B. No. 3018), Changing the amount of time that the department of health and human resources must retain child protective services' records.
      (H. B. No. 3045), Implementing the Master Tobacco Settlement Agreement.
      (H. B. No. 3095), Authorizing the tax commissioner to disclose to the treasurer certain information that would facilitate locating the owners of uncashed and unclaimed income tax refund checks.
      (H. B. No. 3104), Providing for commercial work orders for vehicle and equipment repair, establishing criteria for commercial vehicle and equipment repair vendors and requiring a cost effectiveness analysis for issuing commercial work orders.
      (H. B. No. 3207), Supplemental appropriation to the department of military affairs and public safety - division of juvenile services.
     And,
     (H. B. No. 3217), Establishing a fund and making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated.
                              Respectfully submitted,
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Sharon Spencer,
                               Chair, House Committee.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senator Snyder.
     Thereafter, at the request of Senator Love, and by unanimous consent, the remarks by Senator Snyder were ordered printed in the Appendix to the Journal.
     Senator Bailey then moved that the Senate adjourn until tomorrow, Saturday, March 15, 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, Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, McCabe, Minard, Minear, Plymale, Prezioso, Rowe, Smith, Snyder, Unger, Weeks, White and Tomblin (Mr. President)--25.
     The nays were: Deem, Hunter, Love, McKenzie, Oliverio, Ross, Sharpe and Sprouse--8.
     Absent: Chafin--1.
     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, Saturday, March 15, 2003, at 10 a.m.
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