WEST VIRGINIA LEGISLATURE
EXTENDED SESSION, 2003
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,
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.
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
(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
(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
(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
(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
(H. B. No. 3016), Allowing the department of health and human
resources to retain adult protective service records for thirty
(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
(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
(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.
Larry L. Rowe,
Chair, Senate Committee.
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.
So, a majority of those present and voting having voted in the
affirmative, the President declared Senator Bailey's motion had
In accordance with the foregoing motion, the Senate adjourned
until tomorrow, Saturday, March 15, 2003, at 10 a.m.