WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

TENTH DAY

____________

Charleston, W. Va., Friday, January 23, 2004

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

     Prayer was offered by the Reverend Norman Phillips, Belle Church of the Nazarene, Belle, West Virginia.
     Pending the reading of the Journal of Thursday, January 22, 2004,
     On motion of Senator Caldwell, 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.
     The Clerk presented the following communication from the Joint Committee on Government Operations:
WEST VIRGINIA LEGISLATURE

JOINT COMMITTEE ON GOVERNMENT OPERATIONS

CHARLESTON

January 22, 2004

West Virginia Legislature
State Capitol
Charleston, West Virginia
Ladies and Gentlemen:
     Pursuant to §4-10-12 we hereby transmit to you this copy of the annual report of the Joint Standing Committee on Government Operations.
                              Sincerely,
                               Edwin J. Bowman,
                               Senate,
                               Cochair,
                               J. D. Beane,
                               House of Delegates,
                               Cochair.
     Which communication and report were received and filed with the Clerk.
     The Senate proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Senate Bill No. 166, Reducing allowable blood alcohol content for DUI.
     On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     On page two, by striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed House Bill No. 4032;
     And,
     On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 166--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-11-1b; to amend and reenact §17B-4-3 of said code; to amend and reenact §17C-5-2, §17C-5-6a and §17C-5-8 of said code; to amend and reenact §17C-5A-1, §17C-5A-1a, §17C-5A-2 and §17C-5A-3a of said code; to amend said code by adding thereto a new article, designated §17C-5C-1, §17C-5C-2, §17C-5C-3, §17C-5C-4, §17C-5C-5, §17C-5C-6, §17C-5C-7, §17C-5C-8, §17C-5C-9, §17C-5C-10, §17C-5C-11, §17C-5C-12, §17C-5C-13, §17C-5C-14, §17C-5C-15, §17C-5C-16 and §17C-5C-17; to amend and reenact §20-7-18 and §20-7-18b of said code; to amend and reenact §33-6A-1 of said code; to amend said code by adding thereto a new section, designated §50-3-2b; and to amend said code by adding thereto a new section, designated §59-1- 11a, all relating to driving a motor vehicle or operating a motorized vessel while under the influence of alcohol, controlled substances or drugs; reducing the allowable blood alcohol concentration for driving a motor vehicle or operating a motorized vessel while under the influence of alcohol, controlled substances or drugs from ten hundredths of one percent or more by weight to eight hundredths of one percent or more by weight and establishing the penalty therefor; creating the misdemeanor offense of driving with a blood alcohol concentration of twenty hundredths of one percent or more by weight and establishing the penalty therefor; limiting the prior offenses that can be used to enhance sentences to those that occurred within the ten-year period next preceding the date of arrest in the current proceeding; establishing a specialized court referral officer program to promote the evaluation, education and rehabilitation of persons whose use or dependency on alcohol or drugs directly or indirectly contributed to the commission of certain offenses or repeat offenses; and imposing additional costs on defendants convicted of offenses involving the driving of a motor vehicle or operating a motorized vessel while under the influence of alcohol, controlled substances or drugs for the use of counties and municipalities.
     On motion of Senator Chafin, the Senate refused to concur in the foregoing House amendments to the bill (Eng. S. B. No. 166) and requested the House of Delegates to recede therefrom.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2088--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-412, relating to prohibiting the manufacture, distribution, dispensation or possession of a controlled substance, marijuana or counterfeit substance within one thousand feet of a park; providing criminal penalties for distribution, dispensation or possession of certain substances or conspiring to commit such act; providing that a map of a park area produced by any municipal agency and certified as a true copy by the custodian shall be prima facie evidence of the boundaries of the park; authorizing municipal and county regulations requiring the posting of signs designating the areas within one thousand feet of parks; and providing affirmative defenses to a violation of this section.
     Referred to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 3190--A Bill to amend and reenact §18-2B-5 of the code of West Virginia, 1931, as amended, relating to the titling of property for area vocational education programs.
     Referred to the Committee on Education.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4022--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, §17F-1- 5 and §17F-1-6, all relating to the regulation of all-terrain vehicles; prohibiting operation on center-lined roads or roads with more than two lanes; exceptions to prohibition; prohibiting riders under the age of eighteen without a helmet; providing for penalties for violations; requiring safety training; providing for regulation by local government authority; requiring rental dealers to provide safety equipment; providing exemption for private property; and providing exemption for farm and commercial use.
     Referred to the Committee on Transportation; and then to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2004, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4043--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-3f, relating to establishing the priority for early childhood education in the basic skills of reading, mathematics and English language arts; making certain findings; stating intent and purpose; limiting scope of statewide assessments in early childhood; and requiring state board rule.
     Referred to the Committee on Education; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2004, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4072--A Bill to amend and reenact §18-2E-7 of the code of West Virginia, 1931, as amended, relating to education technology strategic plan; making certain findings; stating intent and purpose; requiring state board establish education technology strategic plan to address findings consistent with intent and purpose; providing minimum areas to be addressed in plan; providing for expenditure of appropriations consistent with plan; and eliminating categorical requirements specific to basic skills and remediation.
     Referred to the Committee on Education; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4084--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-3C-1, §5A-3C-2, §5A-3C-3, §5A-3C-4, §5A-3C-5, §5A-3C-6, §5A-3C-7, §5A-3C-8, §5A-3C-9, §A-3C-10, §5A-3C-11, §5A-3C-12 and §5A-3C-13, all relating to the creation of a pharmaceutical program for the state, creation of a West Virginia pharmaceutical commission; and establishing members, responsibilities, pricing parameters for pharmaceuticals, waiver procedures, state responsibilities, pharmaceutical reporting requirements, civil and criminal penalties, savings uses, rule- making authority and sunset provisions.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4111--A Bill to amend and reenact §18-2E-5 of the code of West Virginia, 1931, as amended; and to amend and reenact §18-5-7a of said code, all relating to education; state board of education; county boards of education; modifying powers and authorities; legislative findings, purpose and intent; process for improving education; education standards and accountability measures; office of education performance audits; school accreditation and school system approval; intervention to correct impairments; and disposition of school property in flood control projects.
     At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, 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, Fanning, 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)--33.
     The nays were: None.
     Absent: Bailey--1.
     The bill was read a second time and ordered to third reading.
     Having been engrossed, the bill (Eng. H. B. No. 4111) 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, Fanning, 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)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4111) 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, Fanning, 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)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4111) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     The Senate proceeded to the fourth order of business.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 50, Relating to waste tire remediation; liability.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 50 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17-24-7 of the code of West Virginia, 1931, as amended, relating to providing a limitation of liability for remediation costs for certain owners of real property where waste tires existed when the owners were not responsible for the accumulation of the waste tires on the property; authorizing the division of highways to recover from prior owners of the property in certain circumstances; and requiring notice of the existence of illegal waste tire piles to be filed by the county clerk.
     And,
     Senate Bill No. 138, Relating to nondisclosure of personal information maintained by state.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 138 (originating in the Committee on the Judiciary)--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-8-21, relating to nondisclosure of certain personal information maintained by the state of West Virginia.
     With the recommendation that the two committee substitutes do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration
     Senate Bill No. 143, Relating to small employer group health benefit plans for uninsured groups.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 143 (originating in the Committee on Banking and Insurance)--A Bill to repeal §5-16A-1, §5- 16A-2, §5-16A-3, §5-16A-4, §5-16A-5, §5-16A-6, §5-16A-7, §5-16A-8, §5-16A-9, §5-16A-10 and §5-16A-11 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-16D-16, relating to small employer accident and sickness policies and small employer group health benefit plans for uninsured groups.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Joseph M. Minard,
                               Chair.
     The bill (Com. Sub. for S. B. No. 143), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration
     Senate Bill No. 145, Establishing Insurance Fraud Prevention Act.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original triple committee reference first be referred to the Committee on the Judiciary; and then to the Committee on Finance.
                              Respectfully submitted,
                               Joseph M. Minard,
                               Chair.
     The bill, under the original triple committee reference, was referred to the Committee on the Judiciary; and then to the Committee on Finance, with amendments from the Committee on Banking and Insurance pending.
     Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration
     Senate Bill No. 207, Relating to reporting requirement for excess lines brokers on certain insurance policies.
     And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Joseph M. Minard,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance.
     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 Senators Hunter, Rowe, White, Caldwell, Dempsey, Jenkins, Kessler, McCabe, Sprouse and Unger:
     
Senate Bill No. 270--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17 and §3-12-18, all relating generally to providing public funding of election campaigns for certain offices; setting forth short title and certain legislative findings and declarations; defining terms; specifying that the provisions of the act are applicable to candidates for the offices of governor, supreme court justice, circuit court judge and candidates for seats in the Legislature; establishing a public campaign financing fund and sources of revenue for the fund; requiring an applicant for public campaign funding to complete a declaration of intent and setting forth the manner in which application for funding may be made; setting forth eligibility criteria for qualifying party and independent candidates; allowing participating candidates to raise from private sources and spend seed money contributions; requiring candidates seeking public campaign funds to collect a required number of qualifying contributions; requiring participating candidates to comply with all provisions of the act; requiring the state election commission to certify eligible candidates and setting forth the procedure for certification; providing that qualified candidates shall receive funding for election campaigns from the public campaign financing fund; specifying the amount of funds available for each office and when such funds become available; setting forth restrictions on participating candidates' contributions and spending; prohibiting participating candidates from accepting private contributions other than as specifically set forth in the act; prohibiting the use of personal funds for certain purposes; requiring certain disclosures; requiring candidates to keep records and report to the state election commission; providing for matching public campaign funds when an opponent spends in excess of the participating candidate's spending limits; setting forth certain duties of the state election commission; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act; and setting forth an effective date.
     Referred to the Committee on the Judiciary.
     By Senators Hunter, Rowe, Weeks, Caldwell, Jenkins and Unger:
     
Senate Bill No. 271--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-2-1, §17F-2-2 and §17F-2-3, all relating to racial profiling data collection; requiring superintendent of the state police to conduct analysis of traffic stops; and providing for annual report.
     Referred to the Committee on the Judiciary.
     By Senators Hunter, Rowe, Weeks, Dempsey, Minard and Caldwell:
     
Senate Bill No. 272--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-2E-1, §15-2E-2, §15-2E-3, §15-2E-4, §15-2E-5, §15-2E-6, §15-2E-7, §15-2E-8, §15-2E-9, §15-2E-10, §15-2E-11 and §15-2E-12, all relating to creating a state police review board to hear complaints against state police personnel; providing procedures and requirements for disposition of complaints; limiting public disclosure of certain information; requiring semiannual reports; and addressing effects of complaint process.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Minard and Jenkins:
     
Senate Bill No. 273--A Bill to amend and reenact §33-31-1, §33-31-2, §33-31-3, §33-31-4, §33-31-5, §33-31-6, §33-31-7, §33-31-8, §33-31-9, §33-31-10, §33-31-11, §33-31-12, §33-31-13, §33-31-14 and §33-31-15 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto six new sections, designated §33-31-17, §33-31-18, §33-31-19, §33-31-20, §33-31-21 and §33-31-22, all relating to captive insurance companies; providing for sponsored cell captives; and generally modernizing the captive insurance law.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Hunter, Dempsey, Minard, Plymale, Caldwell, Jenkins, Unger, Rowe and Weeks:
     
Senate Bill No. 274--A Bill to amend and reenact §17A-3-14 of the code of West Virginia, 1931, as amended, relating to providing license plates for partially disabled veterans with at least a thirty-percent disability.
     Referred to the Committee on Transportation; and then to the Committee on Finance.
     By Senator Snyder:
     
Senate Bill No. 275--A Bill to amend and reenact §5-16-13 of the code of West Virginia, 1931, as amended, relating to public employees insurance generally; eliminating a certain gap in employment for certain alcohol beverage control commission employees subject to a reduction in force and who are reemployed; and specifying applicable periods of time.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Harrison and Kessler:
     
Senate Bill No. 276--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §59-1-10a, relating to establishing a marriage license discount if the applicants show proof of a certificate of completion by an approved premarital counseling course.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     Senators Tomblin (Mr. President), Prezioso, Chafin, Bowman, Helmick, Sharpe, Rowe, Edgell, Unger, Kessler, Plymale, McCabe, Snyder, Jenkins, Minard, Caldwell, Boley, Love, Harrison, Smith, McKenzie, Minear, Hunter, Deem, Sprouse, Weeks, Facemyer, Guills, Ross, Dempsey, Oliverio and White offered the following resolution:
     Senate Resolution No. 5--Acknowledging the dedicated service of West Virginia's family physicians to the Legislature on the fifteenth anniversary of the "Doc for a Day" program.
     Whereas, In 1989 the West Virginia Academy of Family Physicians began a free medical service to the West Virginia Legislature during its Regular Session known as the "Doc for a Day" program; and
     Whereas, The "Doc for a Day" program is provided at the State Capitol Building by volunteer family physicians from around the state during each day of the legislative session to legislators, staff, government officials and the general public visiting the Capitol Complex; and
     Whereas, In addition to providing medical care for minor ailments, the "Doc for a Day" program has also provided medical treatment for serious, life-threatening injuries and illnesses, including hypertension, heart attacks, respiratory arrest, aneurysms, strokes, broken bones, head trauma, appendicitis, pneumonia, kidney stones and major lacerations; and
     Whereas, Over 20,000 patients have received high quality medical care from the "Doc for a Day" program without charge during the past 14 years. The knowledge and expertise in family medicine by these physicians and the willingness to share their medical service has been and continues to be greatly appreciated; and
     Whereas, The "Doc for a Day" program in West Virginia has served as a model for free medical care programs by many other state legislatures across the nation; and
     Whereas, The Regular Session of the Legislature, 2004, marks the fifteenth anniversary of the "Doc for a Day" program in West Virginia; therefore, be it
     Resolved by the Senate:
     That the Senate hereby acknowledges the dedicated service of West Virginia's family physicians to the Legislature on the fifteenth anniversary of the "Doc for a Day" program; and, be it
     Further Resolved, That the Senate extends its sincere appreciation to the West Virginia Academy of Family Physicians for its outstanding free medical program to the West Virginia Legislature through the "Doc for a Day" program; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the West Virginia Academy of Family Physicians.
     At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     On motion of Senator Chafin, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 11, Requesting Division of Highways name bridge crossing Ohio River on Route 35 "The Silver Memorial Bridge".
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation.
     Senate Concurrent Resolution No. 12, Declaring December, 2004, "Legislators Back to School Month".
     On unfinished business, coming up in regular order, was reported by the Clerk.
     At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
     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. 10, Extending time for study of orphan roads and bridges.
     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, Fanning, 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)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 10) 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. 100, Prohibiting state and political subdivisions from contracting with vendors owing debt.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 224, Correcting reference to article concerning adoption of abandoned child.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 268, Continuing division of motor vehicles.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 269, Continuing division of purchasing within department of administration.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senators Chafin, Sprouse, Deem, Bowman, Plymale, Snyder, Rowe, Boley, Smith and Guills.
     Thereafter, at the request of Senator Ross, and by unanimous consent, the remarks by Senator Chafin were ordered printed in the Appendix to the Journal.
     At the request of Senator White, unanimous consent being granted, the remarks by Senator Bowman were ordered printed in the Appendix to the Journal.
     At the request of Senator Edgell, and by unanimous consent, the remarks by Senator Plymale were ordered printed in the Appendix to the Journal.
     At the request of Senator Boley, unanimous consent being granted, the remarks by Senator Guills were ordered printed in the Appendix to the Journal.
     On motion of Senator Chafin, a leave of absence for the day was granted Senator Bailey.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until Monday, January 26, 2004, at 11 a.m.
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