WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

EIGHTH DAY

____________

Charleston, W. Va., Wednesday, January 21, 2004

     The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by Pastor Michael A. Brendel, Sr., Boomer Baptist Church, Boomer, West Virginia.
     Pending the reading of the Journal of Tuesday, January 20, 2004,
     On motion of Senator Minard, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     Senator Tomblin (Mr. President) presented a communication from the Department of Environmental Protection, submitting its biennial groundwater report as required by chapter twenty-two, article twelve, section six of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
     By Senator Unger:
     Senate Bill No. 240--A Bill to amend and reenact §6-9A-5 of the code of West Virginia, 1931, as amended, relating to boards and commissions; and providing that governing bodies of public agencies need not have a second to a motion if the governing body has seven or less members.
     Referred to the Committee on Government Organization.
     By Senators Plymale and Jenkins:
     Senate Bill No. 241--A Bill to establish the western West Virginia highway authority to include representatives from Cabell, Mason, Jackson, Putnam and Wayne counties; appointment of officers; and powers of authority.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Sprouse, Minear, Guills, Weeks, Harrison, McKenzie, Deem and Facemyer:
     Senate Bill No. 242--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §55A-1-1, §55A-1-2, §55A-1-3, §55A-1-4, §55A-2-1, §55A- 3-1, §55A-3-2, §55A-3-3, §55A-3-4, §55A-3-5, §55A-3-6, §55A-4-1, §55A-4-2, §55A-4-3, §55A-4-4, §55A-4-5, §55A-4-6, §55A-4-7, §55A-4- 8, §55A-4-9, §55A-5-1, §55A-5-2, §55A-6-1, §55A-7-1, §55A-8-1, §55A-8-2 and §55A-8-3, all relating to establishing an injured consumers legal bill of rights; reforming the civil justice system; providing that chapter is not applicable to certain actions; stating legislative findings and declarations of purposes; defining terms used in chapter; restricting contact by attorneys and insurers with potential claimants; authorizing claimants to elect fee arrangement with attorneys; establishing right of claimants to receive written statement of fees and estimated expenses; establishing a public policy suggested maximum contingency fee schedule; providing a right of cancellation of contingency fee agreement; providing a contingency fee information fact sheet; prohibiting disclosure of names of claimants receiving periodic payments to persons interested in converting payments to a lump sum; establishing criminal penalties; regarding the recovery of punitive damages; establishing what a plaintiff must prove and the trier of fact must find before the trier of fact may award punitive damages; stating circumstances when punitive damages may not be awarded and a defendant may not be held liable for punitive damages; providing the amount of punitive damages that may be awarded against large employers and the amount that may be awarded against all others; providing maximum amounts which may be awarded on multiple punitive damages awards for the same course of conduct; providing for the bifurcation of a civil action in which punitive damages are sought when requested by a defendant; providing for the allocation of punitive damages awards among the public, the plaintiff and the plaintiff's attorneys; stating the conditions under which punitive damages may be assessed against a principal or employer for an act of an agent or employee and against an association, limited liability entity or partnership for the acts of a member or partner; predicating actions for damages upon principles of comparative fault; establishing the comparative fault standard; abolishing joint liability; describing how to consider the fault of nonparties; describing how to consider the fault of, and the amounts paid by, settling parties; providing for the use of special interrogatories; allowing the assessment of a percentage of fault for failing to take reasonable precautionary measures that are available; precluding recovery by a plaintiff injured while involved in a felony criminal act; precluding the allocation of fault to a person such as a seller, distributor or installer on a strict product liability theory where that person did not contribute to the alleged defect; providing for the burden of proof and limitations; reducing damage awards by collateral source payments; providing how such reductions shall be determined; stating the effects of such determinations upon the trial; providing for a statute of repose; providing maximum amounts that may be recovered for noneconomic losses; providing for repeal of conflicting laws; applicability of the Injured Consumers Bill of Rights and Civil Justice Reform Act of 2004; and severability.
     Referred to the Committee on the Judiciary.
     By Senator Unger:
     Senate Bill No. 243--A Bill to amend and reenact §11-15-9 of the code of West Virginia, 1931, as amended, relating to the exemption from consumers sales and service tax for data processing; and updating provisions to keep pace with changes in technology.
     Referred to the Committee on Finance.
     By Senators Snyder and Unger:
     Senate Bill No. 244--A Bill to amend and reenact §18-9D-16 of the code of West Virginia, 1931, as amended, relating to the school building authority generally; and establishing increased student enrollment as the prevailing criterion in funding decisions made by the school building authority.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senator Snyder:
     Senate Bill No. 245--A Bill to amend and reenact §8-12-14 of the code of West Virginia, 1931, as amended, relating to the local powers act and school impact fees; and providing that municipalities may require proof of payment of county school impact fees before issuing building permits for residential structures.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senator Snyder:
     Senate Bill No. 246--A Bill to amend and reenact §17C-16-1 and §17C-16-4 of the code of West Virginia, 1931, as amended, all relating to motor vehicles generally; and requiring inspections of certain motor vehicles if driven on the roads and highways of this state.
     Referred to the Committee on Transportation; and then to the Committee on Finance.
     By Senators Jenkins and Plymale:
     Senate Bill No. 247--A Bill to amend and reenact sections 2, 3, 4 and 6a, chapter 26, acts of the Legislature, regular session, 1925, as last amended by chapter 194, acts of the Legislature, regular session, 1983, all relating to the greater Huntington park and recreation district; and increasing the number of members on the board.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Boley:
     Senate Bill No. 248--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo; and to amend and reenact §60-3A-2 of said code, all relating to granting counties the option of selling liquor retail within a thirty-mile radius in which no private retail establishments that sell liquor are located.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Snyder, Rowe, Fanning, Hunter, Jenkins and Kessler:
     Senate Bill No. 249--A Bill to amend and reenact §7-18-1 of the code of West Virginia, 1931, as amended, relating to annexation generally; limiting imposition and collection of hotel tax by municipality after annexation under certain circumstances; providing for a phase out of collection and imposition of hotel tax by county commission in certain circumstances; and requiring county commission to provide hotel tax information to annexing municipality upon request.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Snyder, Rowe, Fanning, Hunter, Jenkins and Kessler:
     Senate Bill No. 250--A Bill to amend and reenact §8-6-4 of the code of West Virginia, 1931, as amended, relating to annexation generally; requiring municipality considering annexation without an election to provide notice to county commission; and requiring municipality considering annexation without an election to hold a public hearing.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Snyder, Fanning, Hunter, Jenkins, Oliverio, Rowe, Kessler, Weeks and White:
     Senate Bill No. 251--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-5F-1, §21-5F-2, §21-5F-3, §21-5F-4 and §21-5F-5, all relating to providing requirements and limitations for mandatory nurse overtime in hospitals; providing legislative findings and purposes; defining terms; providing for certain requirements and limitations for hospital overtime; limiting number of hours worked in a day; providing exceptions to overtime limitations; providing that the division of labor enforce article; providing that this article does not amend other acts; and providing administrative procedures and penalties.
     Referred to the Committee on Labor; and then to the Committee on the Judiciary.
     By Senators Snyder, Hunter, Jenkins, Oliverio, Rowe, Kessler, Unger and White:
     Senate Bill No. 252--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §17F-1-1, §17F-1-2, §17F-1-3, §17F-1-4 and §17F-1-5, all relating to child safety in regard to all-terrain vehicles; creating the child safety all-terrain vehicle act of 2004; requiring children under the age of eighteen riding or operating an all-terrain vehicle to wear an approved helmet; prohibiting passengers in certain circumstances; prohibiting children under the age of eighteen from riding or operating an all-terrain vehicle after sunset unless accompanied by a parent or guardian; requiring certain safety equipment on all-terrain vehicles; setting speed limits for operation of an all-terrain vehicle by a child under the age of eighteen; prohibiting operation of an all-terrain vehicle in a careless or reckless manner; authorizing law-enforcement officers to enter private lands in pursuit of an all-terrain vehicle when a violation of law has occurred; requiring written permission to operate an all-terrain vehicle on private lands; requiring safety training; establishing safety training requirements and exemptions; requiring all-terrain vehicle rental dealers to provide safety equipment; and establishing criminal penalties.
     Referred to the Committee on Transportation; and then to the Committee on the Judiciary.
     By Senators Snyder, Hunter, Jenkins, Oliverio, Rowe, Kessler and Unger:
     Senate Bill No. 253--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo; and to amend said code by adding thereto a new chapter, designated §17G-1-1, §17G-1-2, §17G-1-3 and §17G-1-4, all relating to all-terrain vehicles generally; authorizing county commissions to regulate or prohibit operation of all-terrain vehicles in housing developments; prohibiting operation of all- terrain vehicles on certain paved roads and highways; allowing all- terrain vehicles to cross paved roads and highways under certain circumstances; allowing operation of all-terrain vehicles on paved roads and highways for the limited purpose of traveling from one trail to another trail under certain circumstances; authorizing limited operation of all-terrain vehicles on paved roads and highways during declared state of emergency; authorizing the division of natural resources to regulate operation of all-terrain vehicles on property within its jurisdiction through legislative rule; authorizing the Hatfield-McCoy recreation area authority to regulate operation of all-terrain vehicles on property within its jurisdiction by legislative rule; authorizing the state rail authority to regulate operation of all-terrain vehicles on property within it jurisdiction by legislative rule; authorizing the governing body of any nonprofit or not-for-profit entity with property used for public recreational purposes to regulate operation on property within its control; authorizing the governing body of any municipality or county commission to regulate operation of all-terrain vehicles on property used for recreational purposes on property owned or operated by the municipality or the county; prohibiting passengers unless the all-terrain vehicle is manufactured for passenger use; requiring use of lights on all- terrain vehicles from sunset to sunrise; requiring certain safety equipment; prohibiting use of an all-terrain vehicle in a careless or reckless manner; authorizing law-enforcement officers to enter private lands in pursuit of all-terrain vehicle operator who has violated the law; allowing local governmental entities to authorize operation of all-terrain vehicles for certain limited purposes; requiring written permission to operate an all-terrain vehicle on the land of another person; requiring all-terrain vehicle rental dealers to provide safety equipment to persons under eighteen years of age and offer safety equipment to adults; providing exemption for agricultural and nonrecreational commercial operation of all- terrain vehicles; and providing for criminal penalty of one hundred dollars for violations of this article.
     Referred to the Committee on Transportation; and then to the Committee on the Judiciary.
     By Senators Caldwell, Dempsey, Minard, Rowe, Unger and Minear:
     Senate Bill No. 254--A Bill to repeal §46-1-109, §46-1-207 and §46-1-208 of the code of West Virginia, 1931, as amended; to repeal §46-2-208 of said code; to repeal §46-2A-207 of said code; to amend and reenact §46-1-101, §46-1-102, §46-1-103, §46-1-104, §46-1-105, §46-1-106, §46-1-107 and §46-1-108; to amend said code by adding thereto ten new sections, designated §46-1-301, §46-1-302, §46-1-303, §46-1-304, §46-1-305, §46-1-306, §46-1-307, §46-1-308, §46-1- 309 and §46-1-310; to amend and reenact §46-2-103 and §46-2-202; to amend and reenact §46-2A-103, §46-2A-501, §46-2A-518, §46-2A-519, §46-2A-527 and §46-2A-528; to amend and reenact §46-3-103; to amend and reenact §46-4-104; to amend and reenact §46-4A-105, §46-4A-106 and §46-4A-204; to amend and reenact §46-5-103; to amend and reenact §46-8-102; and to amend and reenact §46-9-102, all relating to revising the uniform commercial code, article one; and conforming amendments to other articles.
     Referred to the Committee on the Judiciary.
     Senators Caldwell, Chafin, Fanning, White, Sharpe, Ross and Hunter offered the following resolution:
     Senate Concurrent Resolution No. 10--Requesting the Division of Highways rename the East River Mountain tunnel the "H. Edward Steele Memorial Tunnel".
     Whereas, H. Edward "Eddie" Steele was born in the small community of Steelesburg, Virginia, on August 24, 1906. During his junior year of high school in 1923, he became a county correspondent for the Bluefield Daily Telegraph. Mr. Steele served as a reporter/editor of several regional, national and international newspapers, including the Williamson Daily News where he covered the West Virginia mine wars from 1925-1928; and
     Whereas, In 1931, he returned to Bluefield as city/county editor of the Bluefield Daily Telegraph where he worked six years before accepting a position as manager of the Greater Bluefield Chamber of Commerce. In that position, he created the City of Bluefield?s slogan, "Nature?s Air-conditioned City", and developed the publicity stunt of serving free lemonade on days that the temperature exceeds 90 degrees Fahrenheit; and
     Whereas, In 1938, Mr. Steele became secretary of the Great Lakes to Florida Highway Association where he was instrumental in coordinating the activities of a diverse group of good roads advocates from the Carolinas into the state of Ohio. The Association was successful in gaining federal support for the routing of Interstate 77 from Cleveland, Ohio, to Columbia, South Carolina. Mr. Steele and the Great Lakes to Florida Highway Association through great time, effort and personal expense convinced federal, Virginia and West Virginia highway officials that the present routing of I-77 through East River Mountain tunnel and Big Walker Mountain tunnel would bring the greatest benefit to the people of Virginia and West Virginia. Mr. Steele worked to support regional highway initiatives until his death on June 27, 2003, and his work and efforts for this project should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways rename the East River Mountain tunnel the "H. Edward Steele Memorial Tunnel"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of the late H. Edward Steele.
     Which, under the rules, lies over one day.
     Senator Helmick offered the following resolution:
     Senate Resolution No. 4--Authorizing the appointment of employees for the Senate for the two thousand four regular sixty-day session of the seventy-sixth Legislature and payment of their compensation.
                    Resolved by the Senate:
                    That the Clerk of the Senate, with the approval of the President of the Senate, be and he is hereby authorized to appoint employees to receive the per diem compensation, as herein provided, during this regular sixty-day session of the seventy-sixth Legislature, and any extension thereof as follows:
                    Twenty-six Class I secretaries at a rate of fifty-five dollars to sixty-eight dollars per diem;
                    Ten Class II secretaries at a rate of fifty-seven dollars to sixty-eight dollars per diem;
                    Nine Class III secretaries at a rate of fifty-nine dollars to seventy-one dollars per diem;
                    Six Class IV secretaries at a rate of sixty-one dollars to sixty-three dollars per diem;
                    Six legislative analysts at a rate of fifty-five dollars to seventy-five dollars per diem;
                    Twelve legal counselors at a rate of one hundred seventy dollars to two hundred twenty-five dollars per diem; assignments and salary to be determined by the President of the Senate;
                    One bill and journal clerk to the Senate Clerk at a rate of sixty-one dollars per diem;
                    Six proofreaders at a rate of fifty-three dollars to sixty- eight dollars per diem;
                    One journal room supervisor at a rate of ninety-one dollars per diem;
                    One assistant journal room supervisor at a rate of sixty-five dollars per diem;
                    Eight journal and bill room clerks at a rate of fifty dollars to seventy-three dollars per diem;
                    One Sergeant at Arms at a rate not to exceed one hundred forty dollars per diem;
                    One chief assistant Sergeant at Arms at a rate of seventy dollars per diem;
                    Six assistants to the Sergeant at Arms at a rate of fifty dollars to sixty-two dollars per diem;
                    One Doorkeeper at a rate of one hundred nineteen dollars per diem;
                    One chief assistant Doorkeeper at a rate of sixty-seven dollars per diem;
                    Eight assistants to the Doorkeeper at a rate of fifty dollars to fifty-eight dollars per diem;
                    One information clerk at a rate of fifty-two dollars per diem (twenty-six dollars per diem paid by House of Delegates);
                    Seven messengers at a rate of fifty dollars to fifty-five dollars per diem;
                    One head page at a rate of sixty-three dollars per diem;
                    One assistant head page at a rate of sixty-one dollars per diem;
                    One recording system operator at a rate of sixty-seven dollars per diem;
                    One duplicating machine operator at a rate of fifty-three dollars per diem;
                    One office assistant at a rate of fifty-seven dollars per diem;
                    One computer technical assistant at a rate of fifty-seven dollars per diem;
                    The Clerk is further authorized to appoint such other employees at such compensation as the Committee on Rules shall from time to time authorize; and, be it
                    Further Resolved, That the appointment of salaried full-time employees of the Senate for the year two thousand four and their compensation, at the following amounts per month, for such periods of time as they are employed in the positions designated, is hereby authorized, as follows:
              Clerk        $7,250.00
              Assistant Clerk         5,916.68
              Executive Secretary to the Clerk         3,625.00
              Administrative Assistant to the Clerk        4,083.34
              Legislative Assistant III         4,375.00
              Legislative Assistant III         4,104.18
              Legislative Assistant III        3,000.00
              Legislative Assistant II         2,729.18
              Legislative Assistant II         2,562.50
              Legislative Assistant I         2,145.84
              Legislative Assistant I         2,145.84
              Senate & Joint Committee
               Fiscal Officer         4,541.68
              Fiscal Officer         3,291.68
              Chief Word Processor Operator         1,979.18
              Secretary to the Majority Leader         2,145.84
              Secretary to the Minority Leader         2,562.50
              Legislative Analyst I         3,291.68
              Legislative Analyst I         2,833.34
              Legislative Analyst        3,750.00
              Legislative Analyst         2,500.00
              Legislative Analyst         2,125.00
              Technical Support         2,229.18
              Administrative Assistant to the
               President          4,958.34
              Executive Secretary to the President        4,000.00
              Assistant to the President        3,000.00
              Committee Support         1,833.34
              Secretary to the Judiciary          1,916.68
              Secretary to the Judiciary/Analyst         2,520.84
              Secretary to the Finance Chairman         2,604.18
              Secretary to the Health and Human
                   Resources Committee         2,354.18
              Attorney        7,041.68
              Attorney         6,208.34
              Attorney         5,833.34
              Attorney          5,791.68
              Attorney        5,458.34
              Supervisor, Materials/Supplies          3,166.68
              Communications Clerk          2,520.84
              Mail/Supply Clerk          2,395.84
              Chief Custodian          2,729.18
              Supervisor/Evening Custodians.          1,916.68
              Custodian         1,625.00
              The Clerk of the Senate, with the written approval of the President of the Senate, or the President of the Senate, is hereby authorized to employ persons to fill the above positions, at the compensation hereinabove set forth for each, and to make adjustments in said compensation during the year. The President of the Senate may employ personnel at such rates of compensation as may be needed to fill any other positions.
              At the request of Senator Helmick, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
              The Senate proceeded to the seventh order of business.
              Senate Concurrent Resolution No. 1, Requesting Division of Highways name Beckley Harper Road Bridge and Interchange in honor of Lewis N. McManus, former Speaker of the House of Delegates.
              On unfinished business, coming up in regular order, was reported by the Clerk.
              The question being on the adoption of the resolution, the same was put and prevailed.
              Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
              The Senate proceeded to the eighth order of business.
              Eng. Senate Bill No. 196, Allowing activities on school instructional support and enhancement days to occur in any order.
              On third reading, coming up in regular order, was read a third time and put upon its passage.
              On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
              The nays were: None.
              Absent: Bailey and Fanning--2.
              So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 196) passed with its title.
              Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
              The Senate proceeded to the tenth order of business.
              Senate Bill No. 10, Extending time for study of orphan roads and bridges.
              On first reading, coming up in regular order, was read a first time and ordered to second reading.
              Senate Bill No. 190, Relating to filing fee for certain United States candidates.
              On first reading, coming up in regular order, was read a first time and ordered to second reading.
              On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
              On suspending the constitutional rule, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
              The nays were: None.
              Absent: Bailey and Fanning--2.
              The bill was read a second time and ordered to engrossment and third reading.
              Engrossed Senate Bill No. 190 was then read a third time and put upon its passage.
              On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
              The nays were: None.
              Absent: Bailey and Fanning--2.
              So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 190) passed with its title.
              Senator Chafin moved that the bill take effect from passage.
              On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
              The nays were: None.
              Absent: Bailey and Fanning--2.
              So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 190) takes effect from passage.
              Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
              The Senate proceeded to the twelfth order of business.
              Remarks were made by Senators Chafin, Deem and Plymale.
              The Senate then proceeded to the thirteenth order of business.
              At the request of Senator McKenzie, the name of Senator McKenzie was removed as a sponsor of Senate Bill No. 242 (Establishing Injured Consumers' Bill of Rights and Civil Justice Reform Act of 2004).
              On motion of Senator Chafin, leaves of absence for the day were granted Senators Bailey and Fanning.
              Pending announcement of meetings of standing committees of the Senate,
              On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, January 22, 2004, at 11 a.m.
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