WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

FOURTEENTH DAY

____________

Charleston, W. Va., Tuesday, January 27, 2004

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

     Prayer was offered by the Reverend George Kostas, Holy Trinity Episcopal Church, Logan, West Virginia.
     Pending the reading of the Journal of Monday, January 26, 2004,
     On motion of Senator Prezioso, 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 a communication from the Department of Environmental Protection, submitting its annual Special Reclamation Fund Advisory Council report, in accordance with chapter twenty- two, article one, section seventeen of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Office of the Attorney General, submitting its annual consumer credit and protection report as required by chapter forty-six-a, article seven, section one hundred two of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the West Virginia Lottery, submitting its annual report, in accordance with chapter twenty-nine, article twenty-two, section twenty of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Senate proceeded to the third order of business.
Executive Communications

     Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

January 27, 2004

Senate Executive Message No. 2
TO:  The Honorable Members of the
     West Virginia Senate
Ladies and Gentlemen:
     I respectfully submit the following nominations for your advice and consent:
      1. For Member, Council on Aging, Dr. J. Clair Jarvis, Charleston, Kanawha County, for the term ending June 30, 2007.
      2. For Member, Council on Aging, Roy W. Brown, Weirton, Hancock County, for the term ending June 30, 2007.
      3. For Member, Council on Aging, Mary Jo Brady, Buckhannon, Upshur County, for the term ending June 30, 2007.
      4. For Member, Council on Aging, Earl F. Jarvis, Logan, Logan County, for the term ending June 30, 2007.
      5. For Member, Higher Education Policy Commission, Mary Clare Eros, Shepherdstown, Jefferson County, for the term ending June 30, 2007.
      6. For Member, West Virginia University Board of Governors, Douglas Leach, Morgantown, Monongalia County, for the term ending June 30, 2007.
      7. For Member, West Virginia University Board of Governors, Elizabeth Chilton, Charleston, Kanawha County, for the term ending June 30, 2007.
      8. For Member, West Virginia University Board of Governors, Michael J. Vetere, Jr., Morgantown, Monongalia County, for the term ending June 30, 2006.
      9. For Member, West Virginia University Board of Governors, Russ Isaacs, Cottageville, Jackson County, for the term ending June 30, 2007.
      10. For Member, Marshall University Board of Governors, Michael J. Farrell, Huntington, Cabell County, for the term ending June 30, 2007.
      11. For Member, Marshall University Board of Governors, Gary Adkins, Huntington, Cabell County, for the term ending June 30, 2007.
      12. For Member, Marshall University Board of Governors, Brent A. Marstellar, Huntington, Cabell County, for the term ending June 30, 2007.
      13. For Member, Emergency Medical Services Advisory Council, Paul Seamann, Beckley, Raleigh County, for the term ending June 30, 2006.
      14. For Member, Emergency Medical Services Advisory Council, John Ashcraft, New Cumberland, Hancock County, for the term ending June 30, 2006.
      15. For Member, Emergency Medical Services Advisory Council, Dr. Mike Hartzog, Morgantown, Monongalia County, for the term ending June 30, 2006.
      16. For Member, Emergency Medical Services Advisory Council, Gary Collis, Martinsburg, Berkeley County, for the term ending June 30, 2006.
      17. For Member, Motorcycle Safety Awareness Board, Linda Gumm, Elkview, Kanawha County, for the term ending June 30, 2006.
      18. For Member, Board of Manufactured Housing Construction and Safety, Jack Albert, Charleston, Kanawha County, for the term ending June 30, 2008.
      19. For Member, Board of Manufactured Housing Construction and Safety, Samuel L. Bonasso, Fairmont, Marion County, for the term ending June 30, 2008.
      20. For Member, Environmental Quality Board, Edward C. Armbrecht, Jr., Charleston, Kanawha County, for the term ending June 30, 2008.
      21. For Member, Concord College Board of Governors, Dr. Debbie Akers, Princeton, Mercer County, for the term ending June 30, 2004.
      22. For Member, Concord College Board of Governors, Jim Miller, Princeton, Mercer County, for the term ending June 30, 2006.
      23. For Member, Concord College Board of Governors, Jim Brown, Beckley, Raleigh County, for the term ending June 30, 2007.
      24. For Member, Concord College Board of Governors, Margaret Sayre, Beckley, Raleigh County, for the term ending June 30, 2007.
      25. For Member, Board of Barbers and Cosmetologists, Justina Gabbert, Wheeling, Ohio County, for the term ending June 30, 2007.
      26. For Member, Board of Barbers and Cosmetologists, Robert Nuckles, Ripley, Jackson County, for the term ending June 30, 2007.
      27. For Member, Council for Community and Economic Development, Gat Caperton, Berkeley Springs, Morgan County, for the term ending June 30, 2007.
      28. For Member, Council for Community and Economic Development, E. T. Smith, Princeton, Mercer County, for the term ending June 30, 2007.
      29. For Member, Council for Community and Economic Development, Newton Thomas, Charleston, Kanawha County, for the term ending June 30, 2004.
      30. For Member, Council for Community and Economic Development, Greg Wooten, Logan, Logan County, for the term ending June 30, 2007.
      31. For Member, Contractor Licensing Board, Michael Carl, Glen Dale, Marshall County, for the term ending June 30, 2006.
      32. For Member, Contractor Licensing Board, Clifford Gillilan, Frankford, Greenbrier County, for the term ending June 30, 2007.
      33. For Member, Contractor Licensing Board, John Strickland, Charleston, Kanawha County, for the term ending June 30, 2005.
      34. For Member, Contractor Licensing Board, Bob Armstrong, Williamstown, Wood County, for the term ending June 30, 2007.
      35. For Member, Contractor Licensing Board, William Harmon, Poca, Putnam County, for the term ending June 30, 2005.
      36. For Member, Contractor Licensing Board, John S. Casto, Charleston, Kanawha County, for the term ending June 30, 2007.
      37. For Member, Board of Control for Southern Regional Education Board, The Honorable Robert H. Plymale, Ceredo, Wayne County, for the term ending June 30, 2005.
      38. For Member, State Fire Commission, Chuck Runyon, Madison, Boone County, for the term ending June 30, 2008.
      39. For Member, Radiologic Technologists Board of Examiners, Susie Bellomy, Huntington, Cabell County, for the term ending June 30, 2006.
      40. For Member, Radiologic Technologists Board of Examiners, Dr. Judith S. Schreiman, Morgantown, Monongalia County, for the term ending June 30, 2006.
      41. For Member, Radiologic Technologists Board of Examiners, Grace Peters, Belle, Kanawha County, for the term ending June 30, 2005.
      42. For Member, Massage Therapy Licensure Board, Dewayne Vass, Princeton, Mercer County, for the term ending June 30, 2005.
      43. For Member, Massage Therapy Licensure Board, Joan F. Wysong, Nitro, Kanawha County, for the term ending June 30, 2005.
      44. For Member, Massage Therapy Licensure Board, Marsha Starr, Hamlin, Lincoln County, for the term ending June 30, 2004.
      45. For Member, Massage Therapy Licensure Board, John Skelton, Shady Spring, Raleigh County, for the term ending June 30, 2004.
      46. For Member, Massage Therapy Licensure Board, Dr. Roland Meffort, Nitro, Kanawha County, for the term ending June 30, 2005.
      47. For Member, Statewide Independent Living Council, Linda Maniak, Charleston, Kanawha County, for the term ending June 30, 2006.
      48. For Member, Statewide Independent Living Council, Jan Derry, Morgantown, Monongalia County, for the term ending June 30, 2006.
      49. For Member, Statewide Independent Living Council, Sue Patalano, Burning Springs, Wirt County, for the term ending June 30, 2006.
      50. For Member, Statewide Independent Living Council, Vanessa VanGilder, Charleston, Kanawha County, for the term ending June 30, 2006.
      51. For Member, Statewide Independent Living Council, Pamela S. Akers, Bluefield, Mercer County, for the term ending June 30, 2004.
      52. For Member, Statewide Independent Living Council, Althea M. Berry, Coal City, Raleigh County, for the term ending June 30, 2006.
      53. For Member, Statewide Independent Living Council, Ronald W. Brown, South Charleston, Kanawha County, for the term ending June 30, 2006.
      54. For Member, Statewide Independent Living Council, Marcus Canaday, Cross Lanes, Kanawha County, for the term ending June 30, 2006.
      55. For Member, Statewide Independent Living Council, Kelly A. Dowdy, Huntington, Cabell County, for the term ending June 30, 2006.
      56. For Member, Family Protection Services Board, Barbara Hawkins, Princeton, Mercer County, for the term ending June 30, 2004.
      57. For Member, Library Commission, Katey White, Charleston, Kanawha County, for the term ending June 30, 2007.
      58. For Member, Housing Development Fund, Richard Bowlby, Spencer, Roane County, for the term ending October 30, 2006.
      59. For Member, West Virginia School of Osteopathic Medicine Board of Governors, Dr. Lewis A. Whaley, Charleston, Kanawha County, for the term ending June 30, 2007.
      60. For Member, West Virginia School of Osteopathic Medicine Board of Governors, Dr. Jeffrey DeBord, Martinsburg, Berkeley County, for the term ending June 30, 2007.
      61. For Member, State Board of Risk and Insurance Management, Bruce Martin, Fairmont, Marion County, for the term ending June 30, 2007.
      62. For Member, Family Protection Services Board, Judy King Smith, Morgantown, Monongalia County, for the term ending June 30, 2005.
      63. For Member, Family Protection Services Board, Judi Ball, Parkersburg, Wood County, for the term ending June 30, 2006.
      64. For Member, Board of Accountancy, Gayle Mason, Lewisburg, Greenbrier County, for the term ending June 30, 2005.
      65. For Member, Board of Accountancy, Reed Tanner, Morgantown, Monongalia County, for the term ending June 30, 2005.
      66. For Member, Board of Accountancy, Roy Rishel, Spencer, Roane County, for the term ending June 30, 2006.
      67. For Member, Board of Accountancy, John Bodkin, Jr., Wheeling, Ohio County, for the term ending June 30, 2006.
      68. For Chair, Public Service Commission, Ed Staats, Ravenswood, Jackson County, for the term ending June 30, 2009.
      69. For Member, Public Service Commission, The Honorable Mike Shaw, Point Pleasant, Mason County, for the term ending June 30, 2007.
      70. For Member, Bluefield State College Board of Governors, John E. Caffrey, Welch, McDowell County, for the term ending June 30, 2006.
      71. For Member, Bluefield State College Board of Governors, Jack D. Stafford, Princeton, Mercer County, for the term ending June 30, 2006.
      72. For Member, Bluefield State College Board of Governors, Rev. Garry Moore, Bluefield, Mercer County, for the term ending June 30, 2006.
      73. For Member, West Virginia Northern Community College Board of Governors, Frank Gilmore, New Martinsville, Wetzel County, for the term ending June 30, 2007.
      74. For Member, West Liberty State College Board of Governors, John Moore, Wheeling, Ohio County, for the term ending June 30, 2007.
      75. For Member, West Liberty State College Board of Governors, Roseanna Keller, New Martinsville, Wetzel County, for the term ending June 30, 2007.
      76. For Member, Eastern West Virginia Community and Technical College, Ronald Whetzel, Moorefield, Hardy County, for the term ending June 30, 2007.
      77. For Member, Eastern West Virginia Community and Technical College, Mary G. Mongold, Moorefield, Hardy County, for the term ending June 30, 2007.
      78. For Member, Shepherd College Board of Governors, Brent Robinson, Morgantown, Monongalia County, for the term ending June 30, 2007.
      79. For Member, Shepherd College Board of Governors, John Sherwood, Ranson, Jefferson County, for the term ending June 30, 2007.
      80. For Member, Southern West Virginia Community and Technical College Board of Governors, Jada Hunter, Williamson, Mingo County, for the term ending June 30, 2007.
      81. For Member, Board of Banking and Financial Institutions, Paul W. Donahie, Wheeling, Ohio County, for the term ending June 30, 2008.
      82. For Member, Board of Banking and Financial Institutions, Mike Hudnall, Fairmont, Marion County, for the term ending June 30, 2009.
      83. For Member, State Fire Commission, Larry Goodwin, Vienna, Wood County, for the term ending June 30, 2005.
      84. For Member, Board of Veterinary Medicine, Virginia Lee Hastings, Huntington, Cabell County, for the term ending June 30, 2007.
      85. For Member, Board of Veterinary Medicine, Betty Burkett, Moundsville, Marshall County, for the term ending June 30, 2006.
      86. For Member, Board of Veterinary Medicine, Dr. Dennis James Moore, Fairmont, Marion County, for the term ending June 30, 2008.
      87. For Member, Board of Veterinary Medicine, Dr. Barbara Jean Meade, Morgantown, Monongalia County, for the term ending June 30, 2007.
      88. For Member, Board of Veterinary Medicine, Dr. Ronald Smith, Charleston, Kanawha County, for the term ending June 30, 2006.
      89. For Member, Tourism Commission, Michelle Holl, Vienna, Wood County, for the term ending May 1, 2007.
      90. For Member, Tourism Commission, The Honorable Oshel B. Craigo, Winfield, Putnam County, for the term ending May 1, 2007.
      91. For Member, Tourism Commission, Dale Maurer, New Cumberland, Hancock County, for the term ending May 1, 2007.
      92. For Member, Tourism Commission, David Arnold, Lansing, Fayette County, for the term ending May 1, 2007.
      93. For Member, Ohio River Valley Water Sanitation Commission, David M. Flannery, Charleston, Kanawha County, for the term ending June 30, 2008.
      94. For Member, Board of Examiners for Registered Professional Nurses, Diana Boyle, Fairmont, Marion County, for the term ending June 30, 2008.
      95. For Member, Economic Development Authority, The Honorable Gregory K. Smith, Parkersburg, Wood County, for the term ending June 30, 2007.
      96. For Member, Economic Development Authority, Jeff A. Vickers, Charleston, Kanawha County, for the term ending June 30, 2007.
      97. For Member, Fairmont State College Board of Governors, James Martin, Fairmont, Marion County, for the term ending June 30, 2006.
      98. For Member, Fairmont State College Board of Governors, Heather M. Garrison, Charleston, Kanawha County, for the term ending June 30, 2007.
      99. For Member, Fairmont State College Board of Governors, Janice Dennison, Fairmont, Marion County, for the term ending June 30, 2006.
     100. For Member, Fairmont State College Board of Governors, Dr. Carl H. Friebel, Jr., Bridgeport, Harrison County, for the term ending June 30, 2007.
     101. For Member, Workforce Investment Council, Carol DuBray, Bridgeport, Harrison County, for the term ending January 11, 2006.
     102. For Member, Tourism Commission, David Dickirson, Ripley, Jackson County, for the term ending May 1, 2004.
     103. For Member, Natural Resources Commission, David Milne, Bruceton Mills, Preston County, for the term ending June 30, 2009.
     104. For Member, Natural Resources Commission, James C. Smith, Elkview, Kanawha County, for the term ending June 30, 2006.
     105. For Member, Natural Resources Commission, Ken Wilson, Chapmanville, Logan County, for the term ending June 30, 2010.
     106. For Member, Bluefield State College Board of Governors, Jeffrey L. Forlines, Bluefield, Mercer County, for the term ending June 30, 2007.
     107. For Member, National Coal Heritage Area Authority, Karen Disibbio, Princeton, Mercer County, for the term ending June 30, 2004.
     108. For Member, State Aeronautics Commission, John W. Woods III, Scott Depot, Putnam County, for the term ending June 30, 2006.
     109. For Member, State Aeronautics Commission, Rick Wachtel, Martinsburg, Berkeley County, for the term ending June 30, 2007.
     110. For Member, Board of Respiratory Care, Karen J. Stewart, Charleston, Kanawha County, for the term ending June 30, 2007.
     111. For Member, Board of Respiratory Care, Barbara Folden, Mullens, Wyoming County, for the term ending June 30, 2007.
     112. For Member, Board of Examiners of Psychologists, Dr. Martin J. Amerikaner, Huntington, Cabell County, for the term ending June 30, 2006.
     113. For Member, Board of Examiners of Psychologists, Lois Merritt, Huntington, Cabell County, for the term ending June 30, 2006.
     114. For Member, Board of Examiners of Psychologists, Diane Weiss Mufson, Huntington, Cabell County, for the term ending June 30, 2006.
     115. For Member, Parkways, Economic Development and Tourism Authority, The Honorable Hulett Smith, Beckley, Raleigh County, for the term ending May 31, 2010.
     116. For Member, Parkways, Economic Development and Tourism Authority, David Dickirson, Ripley, Jackson County, for the term ending May 31, 2011.
     117. For Member, Educational Broadcasting Authority, Ana Marino, Charleston, Kanawha County, for the term ending June 30, 2010.
     118. For Member, Commission on the Arts, William Davis, Charleston, Kanawha County, for the term ending June 30, 2004.
     119. For Member, Commission on the Arts, Callen McJunkin, Charleston, Kanawha County, for the term ending June 30, 2006.
     120. For Member, Commission on the Arts, Stephen M. Hopta, Bluefield, Mercer County, for the term ending June 30, 2006.
     121. For Member, Commission on the Arts, Arthur Ballard, Peterstown, Monroe County, for the term ending June 30, 2006.
     122. For Member, Commission on the Arts, Elaine D'Alessandri, Morgantown, Monongalia County, for the term ending June 30, 2004.
     123. For Member, Commission on the Arts, Dr. Raphael Heaggans, Princeton, Mercer County, for the term ending June 30, 2005.
     124. For Member, Commission on the Arts, Susan Stevenson Landis, Daniels, Raleigh County, for the term ending June 30, 2005.
     125. For Member, Commission on the Arts, Addie Ours, Petersburg, Grant County, for the term ending June 30, 2006.
     126. For Member, Commission on the Arts, Walker Peterson Holloway, Jr., Wheeling, Ohio County, for the term ending June 30, 2006.
     127. For Member, Commission on the Arts, Jeanne Mozier, Berkeley Springs, Morgan County, for the term ending June 30, 2005.
     128. For Member, Commission on the Arts, Dorothy Demboski, Red Creek, Tucker County, for the term ending June 30, 2004.
     129. For Member, Commission on the Arts, Bruce Betler, Helvetia, Randolph County, for the term ending June 30, 2006.
     130. For Member, Archives and History Commission, Dr. Charles Hulse, Shepherdstown, Jefferson County, for the term ending June 30, 2004.
     131. For Member, Archives and History Commission, Marjorie Zirk, Moorefield, Hardy County, for the term ending June 30, 2004.
     132. For Member, Archives and History Commission, Robert Conte, White Sulphur Springs, Greenbrier County, for the term ending June 30, 2005.
     133. For Member, Archives and History Commission, Dr. Joan Walker, Hedgesville, Berkeley County, for the term ending June 30, 2005.
     134. For Member, Archives and History Commission, Joy Gilchrist Stalnaker, Horner, Lewis County, for the term ending June 30, 2006.
     135. For Member, Archives and History Commission, Walton Stowell, Harpers Ferry, Jefferson County, for the term ending June 30, 2006.
     136. For Member, Archives and History Commission, Noel Tenney, Buckhannon, Upshur County, for the term ending June 30, 2004.
     137. For Member, Archives and History Commission, Gloria Godzick, Morgantown, Monongalia County, for the term ending June 30, 2005.
     138. For Member, Archives and History Commission, Dr. Kenneth Bailey, Elkview, Kanawha County, for the term ending June 30, 2005.
     139. For Member, Archives and History Commission, Dr. Charles Ledbetter, Nitro, Kanawha County, for the term ending June 30, 2006.
     140. For Member, Archives and History Commission, Margaret Brennan, Wheeling, Ohio County, for the term ending June 30, 2006.
     141. For Member, Board of Examiners in Counseling, John Charonko, Charleston, Kanawha County, for the term ending June 30, 2007.
     142. For Member, Board of Examiners in Counseling, Deborah Frost, Charleston, Kanawha County, for the term ending June 30, 2008.
     143. For Member, Board of Examiners in Counseling, Robert Rubenstein, Charleston, Kanawha County, for the term ending June 30, 2008.
     144. For Member, Board of Examiners in Counseling, John Niles, Huntington, Cabell County, for the term ending June 30, 2007.
     145. For Member, Parole Board, Frederick Bumgardner, Flemington, Taylor County, for the term ending June 30, 2009.
     146. For Member, Women's Commission, Kasey L. Russell, Charleston, Kanawha County, for the term ending June 30, 2006.
     147. For Member, Women's Commission, Robin Stultz, Weston, Lewis County, for the term ending June 30, 2006.
     148. For Member, Capitol Building Commission, David Marshall, Charleston, Kanawha County, for the term ending June 30, 2006.
     149. For Member, Board of Dental Examiners, Dr. James W. Vargo, Beckley, Raleigh County, for the term ending June 30, 2008.
     150. For Member, Tourism Commission, Steve White, Charleston, Kanawha County, for the term ending May 1, 2006.
     151. For Member, Real Estate Appraiser Licensing and Certification Board, Larry Puccio, Fairmont, Marion County, for the term ending June 30, 2006.
     152. For Member, Consolidated Public Retirement Board, William McGinley, Charleston, Kanawha County, for the term ending June 30, 2008.
     153. For Member, Driver's Licensing Advisory Board, Dr. Terry Elliott, Wheeling, Ohio County, for the term ending June 30, 2006.
     154. For Member, Ethics Commission, Ronald Salmons, Salt Rock, Cabell County, for the term ending June 30, 2008.
     155. For Member, Ethics Commission, Drema Radford, Beckley, Raleigh County, for the term ending June 30, 2008.
     156. For Member, Ethics Commission, James Shepherd, Barboursville, Cabell County, for the term ending June 30, 2008.
     157. For Member, Board of Examiners of Land Surveyors, Leon Spencer, Oak Hill, Fayette County, for the term ending June 30, 2006.
     158. For Member, Blennerhassett Island Historical State Park Commission, Howard Seufer, Vienna, Wood County, for the term ending September 16, 2006.
     159. For Member, Blennerhassett Island Historical State Park Commission, Elizabeth McDermott, Parkersburg, Wood County, for the term ending September 16, 2006.
     160. For Member, Blennerhassett Island Historical State Park Commission, Jerrel Anderson, Vienna, Wood County, for the term ending September 16, 2007.
     161. For Member, Blennerhassett Island Historical State Park Commission, Robert Crooks, Vienna, Wood County, for the term ending September 16, 2007.
     162. For Member, Blennerhassett Island Historical State Park Commission, Linda Watkins, Vienna, Wood County, for the term ending September 16, 2007.
     163. For Member, Board of Coal Mine Health and Safety, The Honorable Stephen L. Cook, Morgantown, Monongalia County, for the term ending June 30, 2006.
     164. For Member, Board of Coal Mine Health and Safety, Carl D. Egnor, Chapmanville, Logan County, for the term ending June 30, 2006.
     165. For Member, Board of Coal Mine Health and Safety, Charles Boggs, Charleston, Kanawha County, for the term ending June 30, 2006.
     166. For Member, Board of Coal Mine Health and Safety, David Ashby, Seth, Boone County, for the term ending June 30, 2006.
     167. For Member, Board of Coal Mine Health and Safety, Richard Glover, Charleston, Kanawha County, for the term ending June 30, 2004.
     168. For Member, Housing Development Fund, Russ Isaacs, Cottageville, Jackson County, for the term ending October 30, 2007.
     169. For Member, Housing Development Fund, The Honorable Gino Colombo, Clarksburg, Harrison County, for the term ending October 30, 2007.
     170. For Member, Council for Community and Technical College Education, Clarence B. Pennington, Martinsburg, Berkeley County, for the term ending December 20, 2005.
     171. For Member, Higher Education Policy Commission, Michael S. Garrison, Fairmont, Marion County, for the term ending June 30, 2007.
     172. For Member, State Fire Commission, David Toliver, Beckley, Raleigh County, for the term ending June 30, 2008.
     173. For Member, School Building Authority, Robert E. Holroyd, Princeton, Mercer County, for the term ending July 31, 2006.
     174. For Member, School Building Authority, Nicholas Preservati, Charleston, Kanawha County, for the term ending July 31, 2005.
     175. For Member, Surface Mine Board, Randy L. McMillion, Pinch, Kanawha County, for the term ending June 30, 2006.
     176. For Member, Economic Development Authority, Richard L. Slater, Charleston, Kanawha County, for the term ending June 30, 2006.
     177. For Member, State Rail Authority, Buddy L. Webster, Mathias, Hardy County, for the term ending June 30, 2009.
     178. For Member, Workers' Compensation Board of Review, Robert G. Wolpert, South Charleston, Kanawha County, for the term ending January 31, 2006.
     179. For Member, Workers' Compensation Board of Review, Rita Helmick, Marlinton, Pocahontas County, for the term ending January 31, 2008.
     180. For Member, Workers' Compensation Board of Review, Jack Stevens, Hamlin, Lincoln County, for the term ending January 31, 2010.
     181. For Member, Board of Miner Training, Education and Certification, Donald C. Presley, Princeton, Mercer County, for the term ending June 30, 2005.
     182. For Member, Board of Miner Training, Education and Certification, Mike Smith, McMechen, Marshall County, for the term ending June 30, 2006.
     183. For Member, Board of Miner Training, Education and CertifiCation, Joe Campbell, Hansford, Kanawha County, for the term ending June 30, 2006.
     184. For Member, Board of Miner Training, Education and Certification, Chris Hamilton, Elkview, Kanawha County, for the term ending June 30, 2004.
     185. For Member, Board of Miner Training, Education and Certification, Ken Perdue, Lyburn, Logan County, for the term ending June 30, 2004.
     186. For Member, Board of Miner Training, Education and Certification, Stephen Webber, Belington, Barbour County, for the term ending June 30, 2004.
     187. For Member, Board of Funeral Service Examiners, Ben Williams, Oak Hill, Fayette County, for the term ending June 30, 2007.
     188. For Member, West Virginia Northern Community College Board of Governors, Conner Boyd, Wheeling, Ohio County, for the term ending June 30, 2006.
     189. For Member, West Virginia Northern Community College Board of Governors, Orphy Klempa, Wheeling, Ohio County, for the term ending June 30, 2005.
     190. For Member, Council for Community and Economic Development, Hugh Stanley Cavendish, Charleston, Kanawha County, for the term ending June 30, 2005.
     191. For Commissioner, Division of Motor Vehicles, F. Douglas Stump, Elkview, Kanawha County, to serve at the will and pleasure of the Governor.
     192. For Member, State Athletic Commission, Robert P. Fitzsimmons, Wheeling, Ohio County, for the term ending June 30, 2006.
     193. For Member, Board of Education, Lowell Johnson, Lewisburg, Greenbrier County, for the term ending November 4, 2012.
     194. For Member, Board of Education, Burma Hatfield, Gilbert, Mingo County, for the term ending November 4, 2011.
     195. For Member, West Liberty State College Board of Governors, Bernard P. Twigg, Glen Dale, Marshall County, for the term ending June 30, 2004.
     196. For Member, School Building Authority, Connie Perry, Berkeley Springs, Morgan County, for the term ending July 31, 2007.
     197. For Member, Shepherd College Board of Governors, Doris Griffin, Martinsburg, Berkeley County, for the term ending June 30, 2006.
     198. For Member, Radiologic Technologists Board of Examiners, Jamie Browning, Logan, Logan County, for the term ending June 30, 2004.
     199. For Member, Board of Pharmacy, Lydia Main, Masontown, Preston County, for the term ending June 30, 2008.
     200. For Member, Interstate Commission on the Potomac River Basin, Marten R. Jenkins, Jr., Shepherdstown, Jefferson County, for the term ending March 26, 2004.
     201. For Member, Public Port Authority, Newton Thomas, Charleston, Kanawha County, for the term ending June 30, 2006.
     202. For Member, Public Port Authority, Charles Lanham, Point Pleasant, Mason County, for the term ending June 30, 2005.
     203. For Member, Disaster Recovery Board, Thomas Stein, Moorefield, Hardy County, for the term ending June 30, 2006.
     204. For Member, Consolidated Public Retirement Board, Donald T. Murray, Chester, Hancock County, for the term ending June 30, 2008.
     205. For Member, Consolidated Public Retirement Board, David Anderson, Charleston, Kanawha County, for the term ending June 30, 2008.
     206. For Member, Women's Commission, Cheri Heflin, Charleston, Kanawha County, for the term ending June 30, 2006.
     Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
     
Very truly yours,

     
Bob Wise,

     
Governor.

     Which communication was received and referred to the Committee on Confirmations.
     On motion of Senator Love, consideration of the nominations immediately hereinbefore reported was made a special order of business for Saturday, March 13, 2004, at 8 p.m.
     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 26th day of January, 2004, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
     (H. B. No. 4111), Relating to education generally.
                              Respectfully submitted,
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Sharon Spencer,
                               Chair, House Committee.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     Senate Bill No. 87, Updating code language to conform with current usage and uniform vehicle code.
     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 the Judiciary.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 111, Establishing central highlands highway authority.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     Senate Bill No. 274, Providing license plates for certain disabled veterans.
     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,
                               Mike Ross,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     Senate Concurrent Resolution No. 10, Requesting Division of Highways rename East River Mountain Tunnel "H. Edward Steele Memorial Tunnel".
     And,
     Senate Concurrent Resolution No. 11, Requesting Division of Highways name bridge crossing Ohio River on Route 35 "The Silver Memorial Bridge".
     And reports the same back with the recommendation that they each be adopted.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     Eng. Com. Sub. for House Bill No. 4022, Creating "The All-Terrain Vehicle Safety Regulation Act".
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Transportation pending.
     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 Tomblin (Mr. President) and Sprouse (By Request of the Executive):
     Senate Bill No. 294--A Bill to amend and reenact §17-3-1 of the code of West Virginia, 1931, as amended; and to amend and reenact §17A-3-4 of said code, all relating to imposing sales or use tax rather than title privilege tax on sale or use of all- terrain vehicles, snowmobiles and other motorized recreational vehicles not designed by the manufacturers for use on state roads; clarifying application of section 52, article VI of the constitution of West Virginia; and providing internal effective date.
     Referred to the Committee on Finance.
     By Senator Harrison (By Request):
     Senate Bill No. 295--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-21, relating to defense of self, others and property; and providing limited immunity from civil liability.
     Referred to the Committee on the Judiciary.
Petitions

     Senator Hunter presented a petition from Thomas C. Delaney and numerous Monongalia County residents, supporting consumer protection legislation relating to the insurance industry.
     Referred to the Committee on Banking and Insurance.
     At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 296 (originating in the Committee on Government Organization)--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-3A-4, relating to continuation of the center for professional development board.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 13, Requesting three branches of state government to cooperate and encourage leaders of state, county and municipal governments to address racial disparity.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Government Organization.
     The Senate proceeded to the eighth order of business.
     Eng. Senate Bill No. 100, Prohibiting state and political subdivisions from contracting with vendors owing debt.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey and Smith--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. 100) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 224, Correcting reference to article concerning adoption of abandoned child.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey and Smith--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. 224) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 268, Continuing division of motor vehicles.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey and Smith--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. 268) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 269, Continuing division of purchasing within department of administration.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey and Smith--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. 269) 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 ninth order of business.
     Com. Sub. for Senate Bill No. 50, Relating to waste tire remediation; liability.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 138, Relating to nondisclosure of personal information maintained by state.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, leaves of absence for the day were granted Senators Bailey and Smith.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, January 28, 2004, at 11 a.m.
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