WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

TWENTY-SEVENTH DAY

____________

Charleston, W. Va., Monday, February 9, 2004

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

     Prayer was offered by Father Patrick McDonough, St. Francis of Assisi Church, St. Albans, West Virginia.
     Pending the reading of the Journal of Friday, February 6, 2004,
     On motion of Senator Guills, 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 Senate then proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
     Eng. Com. Sub. for House Bill No. 4022, Creating "The All-Terrain Vehicle Safety Regulation Act".
     On motion of Senator Chafin, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of five from each house on the disagreeing votes of the two houses.
     Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
     Senators Kessler, Ross, Oliverio, White and Deem.
     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. House Bill No. 4140--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5a, relating to requiring the ethics commission to establish a code of conduct for state administrative law judges, including civil penalties and sanctions for violations.
     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. 4148--A Bill to amend and reenact §62-1C-14 of the code of West Virginia, 1931, as amended, relating to allowing bail bondsperson to deliver offenders to county and regional jails without bailpiece; setting requirements; setting forth requirements related to medical treatment of defendant prior to authorities taking custody pursuant to a bailpiece; providing for certain immunities from liability; and providing penalties.
     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. House Bill No. 4290--A Bill to amend and reenact §18-2E- 8b of the code of West Virginia, 1931, as amended, relating a framework to avoid imposition of policies and practices on the public schools that distract from a thorough and efficient education; making findings and expressing legislative intent; requiring fiscal notes on policies, rules and programs affecting public schools and outlining applicable costs; providing alternative conditions under which policies, rules and programs may be adopted and the consequences of such; and providing for audit of capacity to implement certain past policies, rules and programs and report of recommendations.
     Referred to the Committee on Education.
     A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 12--Requesting the West Virginia Division of Highways to name the newly constructed concrete bridge on County Road 13 in Saxon, Raleigh County, West Virginia, the "PFC John Michael Davis Memorial Bridge".
     Whereas, John Michael Davis was born on August 21, 1950, and was raised in Saxon, West Virginia, with his two brothers, Buford and Edward. He graduated from Trap Hill High School in the summer of 1968; and
     Whereas, John Davis chose to serve his country and attempted to enlist in the United States Army after he graduated from high school, but he was not heavy enough to meet the weight requirement. His desire to support and protect his country was so great that on the way home from the enlistment office, he bought ten pounds of bananas and ate all of them that evening. The next day, he went back to attempt to enlist again and this time, he made the weight requirement; and
     Whereas, All three of the Davis brothers served their country during the Vietnam era, two of the brothers in the Army and one in the United States Marine Corps; and
     Whereas, John Michael Davis became a Private First Class in the United States Army and was sent into battle in Vietnam in June of 1969. On August 9, 1969, he received massive injuries during a combat operation. On August 16, 1969, five days before he would have turned nineteen, PFC John Michael Davis died from these wounds; and
     Whereas, On November 3, 1969, John Michael Davis received the Purple Heart. He distinguished himself with "outstanding meritorious service" and was also awarded the Bronze Star Medal as "his initiative, zeal, sound judgment and devotion to duty" had been "in the highest tradition of the United States Army" and reflected "great credit to himself, his unit and the military service"; and
     Whereas, PFC Davis' courage, fortitude and selflessness should be remembered as he made the ultimate sacrifice while serving his beloved country; and
     Whereas, Naming the bridge on County Road 13 in Saxon, Raleigh County, after John Michael Davis would be a fitting memorial to him as he was raised a mile beyond the old wooden bridge that was replaced with a new concrete one in the fall of 2003. His final resting place is a mile and a half past this new bridge; and
     Whereas, We should never forget all of the valiant men and women who have risked and still are risking their lives, foregoing their own freedom and happiness in order to allow us to safely enjoy our liberty. Their sacrifices should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the members of the Legislature request the West Virginia Division of Highways to name the bridge on County Road 13 in Saxon, Raleigh County, West Virginia, the "PFC John Michael Davis Memorial Bridge"; and, be it
     Further Resolved, That the West Virginia Division of Highways is requested to provide and erect, at either end of the bridge, signs designating the bridge as the "PFC John Michael Davis Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this concurrent resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and the surviving family members of PFC John Michael Davis.
     Referred to the Committee on Transportation.
     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 Sprouse, Chafin, Ross, Sharpe and McKenzie:
     Senate Bill No. 487
--A Bill to amend and reenact §15-2-5 of the code of West Virginia, 1931, as amended, relating to lowering the number of years in the interval for the state police length of service adjustments in pay; and increasing the dollar amount of the length of service adjustment.
     Referred to the Committee on Finance.
     By Senators Snyder, Tomblin (Mr. President), Rowe and McKenzie:
     Senate Bill No. 488
--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-4-2a, relating to creating the "Friends of the Capitol Foundation" for the express purpose of exploring and finding ways to obtain funding for maintenance of the state capitol building and its grounds.
     Referred to the Committee on Finance.
     By Senators Dempsey, Weeks, Love, Minear, Smith and Harrison:
     Senate Bill No. 489
--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-14, relating to prohibiting school employees from counseling, referring, transporting or assisting any student to obtain an abortion; and providing that nothing in the section may be construed as approving of abortion.
     Referred to the Committee on Education; and then to the Committee on the Judiciary.
     By Senator McKenzie:
     Senate Bill No. 490
--A Bill to amend and reenact §20-2-5 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2-46n, all relating to authorizing crossbow hunting for disabled persons.
     Referred to the Committee on Natural Resources.
     By Senator Minard:
     Senate Bill No. 491
--
A Bill to amend and reenact §46A-6-102 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46A-6-111, all relating to defining "consumer reporting agency"; and requiring consumer reporting agencies to notify consumers of negative credit reports in advance of their release.
     Referred to the Committee on the Judiciary.
     By Senators Harrison and Smith:
     Senate Bill No. 492
--A Bill to amend and reenact §11-14-3 of the code of West Virginia, 1931, as amended; and to amend and reenact §11-15-9 of said code, all relating to reducing by five cents the excise tax on all gasoline and special fuel sold in this state over a five-year period; providing for a graduated elimination of consumers sales tax on food over a six-year period; and naming this legislation the "Make West Virginia Competitive Tax Relief Act".
     Referred to the Committee on Finance.
     By Senators Facemyer and Weeks:
     Senate Bill No. 493
--
A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-6-17, relating to public buildings; and encouraging public officials to prominently display the national motto on all public property, public buildings and all buildings designed, constructed and maintained with public funds from the state, a county or a municipality.
     Referred to the Committee on Government Organization.
     By Senators Chafin, McCabe, Hunter, Kessler, Facemyer, White, Snyder, Dempsey and Sprouse:
     Senate Bill No. 494
--
A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-16E-1, §33-16E-2, §33-16E-3, §33-16E-4, §33-16E-5 and §33-16E-6, all relating to requiring health insurance plans to cover the cost of contraceptives for its covered people.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     Senators McKenzie, Rowe, Bowman, Sharpe, Ross, Oliverio, Unger, Minard, Jenkins, Dempsey, Love, Harrison, Smith, Sprouse, Minear, Hunter, Deem, Weeks, Boley, Guills, Kessler, Plymale, Helmick, Chafin, Edgell, Prezioso, Snyder, McCabe, Caldwell, White, Fanning and Tomblin (Mr. President) offered the following resolution:
     Senate Concurrent Resolution No. 31--
Requesting the Governor designate Saturday, April 24, 2004, and the last Saturday of April of each succeeding year, as "Local Firefighters Day" in honor, recognition and appreciation of all local firefighters in West Virginia.
     Whereas, Local firefighters are first responders to calls for help in a wide variety of emergencies ranging from floods, fires, snowstorms, wrecks and hazardous materials spills to lost children and beloved pets in need of rescue; and
     Whereas, Local firefighters endure long hours of arduous work and training to provide services which are vital to the health, welfare and safety of all the state's citizens; and
     Whereas, During emergencies in the state, firefighters frequently risk their lives to protect the lives and property of their fellow citizens; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Governor designate Saturday, April 24, 2004, and the last Saturday of April of each succeeding year, as "Local Firefighters Day" in honor, recognition and appreciation of all local firefighters in West Virginia; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor, Gary Bonnett, President of the West Virginia State Fire Chiefs Association, and members of the press.

     Which, under the rules, lies over one day.
     Senators Tomblin (Mr. President), Plymale, Bailey, Bowman, Caldwell, Chafin, Dempsey, Edgell, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Unger, White and McKenzie offered the following resolution:
     Senate Concurrent Resolution No. 32--
Requesting West Virginia's congressional delegation support certain amendments to and funding for the No Child Left Behind Act (NCLB) and the Individuals with Disabilities Education Act (IDEA).
     Whereas, IDEA is a federal law that was first enacted in 1975 and NCLB is federal legislation signed into law on January 8, 2002; and
     Whereas, Neither federal act has been funded by the federal government; and
     Whereas, Under IDEA, goals and objectives for IDEA-eligible students with disabilities are set in their individualized education plan (IEP); and
     Whereas, Under NCLB, IDEA-eligible students with disabilities are tested against the same academic standards as other students. If any subgroup of students in a school does not meet adequate yearly progress (AYP) for two consecutive years, the school must offer school choice to all students at the school. Sanctions would apply to a school that has any subgroup fail to meet AYP in any indicator in year one and has any subgroup fail to meet AYP in any indicator in year two. This means that the failure to meet AYP in consecutive years does not have to be by the same subgroup in a school or in the same indicator in order for the sanction to apply. A school can fail to make adequate yearly progress solely because a subgroup does not meet the 95 percent test participation requirement; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests West Virginia's congressional delegation support certain amendments to and funding for the No Child Left Behind Act (NCLB) and the Individuals with Disabilities Education Act (IDEA); and, be it
     Further Resolved, That the Legislature also requests that West Virginia's congressional delegation support:
     (1) Full federal funding for both NCLB and IDEA;
     (2) A grade-level equivalent form of assessment for IDEA- eligible students with disabilities in order to resolve the inconsistency between the two acts;
     (3) Limiting school choice to the subgroup or subgroups that do not meet adequate yearly progress;
     (4) Requiring sanctions to apply to schools, or to subgroups within schools, only when the same subgroup fails to meet AYP in the same indicator in consecutive years; and
     (5) Elimination of the penalties on schools who have not met AYP solely because a subgroup does not meet the 95 percent test participation requirement; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to West Virginia's congressional delegation.

     At the request of Senator Chafin, 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.
     Following discussion,
     The question being on the adoption of the resolution (S. C. R. No. 32), 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.
     Thereafter, at the request of Senator Bowman, and by unanimous consent, the remarks by Senator Plymale as to the adoption of Senate Concurrent Resolution No. 32 were ordered printed in the Appendix to the Journal.
     At the request of Senator Sharpe, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
     The Senate again proceeded to the sixth order of business, which agenda includes the making of main motions.
     On motion of Senator Chafin, the Senate requested the return from the House of Delegates of
     Senate Concurrent Resolution No. 32, Requesting West Virginia's congressional delegation to support amendments to and funding for No Child Left Behind Act and Individuals with Disabilities Education Act.
     Adopted by the Senate in prior proceedings today.
     The resolution still being in the possession of the Senate,
     On motion of Senator Chafin, the Senate reconsidered the vote as to the adoption of the resolution.
     The question again being on the adoption of the resolution, and on this question, Senator Chafin demanded the yeas and nays.
     To which demand, Senator Sprouse objected.
     Thereafter, Senator Chafin's demand was sustained.
     The question being on the adoption of the resolution.
     Senator Facemyer requested unanimous consent that further consideration of the resolution be placed under unfinished business for tomorrow, Tuesday, February 10, 2004.
     Which consent was not granted, Senator Plymale objecting.
     Senator Facemyer then moved that further consideration of the resolution be placed under unfinished business for tomorrow, Tuesday, February 10, 2004, and on this question, Senator Sprouse demanded the yeas and nays.
     The roll being taken, the yeas were: Boley, Deem, Facemyer, Guills, Harrison, McKenzie, Minear, Rowe, Smith, Sprouse and Weeks--11.
     The nays were: Bowman, Caldwell, Chafin, Dempsey, Edgell, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Unger, White and Tomblin (Mr. President)--22.
     Absent: Bailey--1.
     So, a majority of those present and voting not having voted in the affirmative, the President declared Senator Facemyer's aforementioned motion rejected.
     The question now being on the adoption of the resolution.
     Following discussion,
     Senator Minard then moved the previous question, which motion prevailed.
     The previous question having been ordered, that being on the adoption of Senate Concurrent Resolution No. 32.
     The roll being taken, the yeas were: Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--27.
     The nays were: Boley, Deem, Harrison, Minear, Smith and Weeks--6.
     Absent: Bailey--1.
     So, a majority of those present and voting having voted in the affirmative, the President declared the resolution (S. C. R. No. 32) adopted.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senators Kessler, Edgell, Sharpe, Tomblin (Mr. President), Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Smith, Snyder, Sprouse, Unger, Weeks and White offered the following resolution:
     Senate Resolution No. 10--
Memorializing the life of the Honorable C. Richard Montgomery, former member of the West Virginia Senate, dedicated public servant and distinguished West Virginian.
     Whereas, C. Richard Montgomery was born May 23, 1926, at Clarksburg, Harrison County, the son of Carl F. and Mildred (Leonard) Montgomery. He received his education in public schools, Salem College and West Virginia University; and
     Whereas, C. Richard Montgomery served his nation with pride and distinction in the United States Navy during World War II; and
     Whereas, A technical assistant for Union Carbide Corporation, C. Richard Montgomery was a former president of the Wetzel County Young Democrats Club and a former member of the State Young Democrats Executive Committee; and
     Whereas, In 1964, the Honorable C. Richard Montgomery began his public service to the citizens of West Virginia with his election to the West Virginia Senate from the 2nd Senatorial District; and
     Whereas, During his tenure as a member of the Senate, the Honorable C. Richard Montgomery served as Chair of the Senate Committee on the Penitentiary, Vice Chair of the Committee on Aeronautics and as a member of the Senate Committees on Federal Relations, Finance, Labor, Medicine and Sanitation, Public Buildings and Humane Institutions, and Roads and Navigation; and
     Whereas, After leaving the Senate, the Honorable C. Richard Montgomery moved to Fort Lauderdale, Florida, to help care for his aging parents. Again, he became active in public service, serving as Director of Planning and Community Development for the City of Fort Lauderdale; and
     Whereas, In 1985, the Honorable C. Richard Montgomery retired from his employment in Florida and later moved to Louisville, Ohio; and
     Whereas, Sadly, on December 29, 2003, the life of the Honorable C. Richard Montgomery came to an end, leaving behind his loving wife, Patsy (Watson) Montgomery; three daughters, Ricki, Konnie and Denise; five sons, Rick Butler, Ron Alley, Randy Alley, Rodger Alley and Bob Alley; and sister, Midge Blair; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby memorializes the life of the Honorable C. Richard Montgomery, former member of the West Virginia Senate, dedicated public servant and distinguished West Virginian; and, be it
     Further Resolved, That the Senate hereby extends its sincere sympathy to the family and friends of the Honorable C. Richard Montgomery; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of the late Honorable C. Richard Montgomery.

     At the request of Senator Kessler, 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 resumed business under the sixth order.
     Senators Unger, Snyder, Helmick, Ross and Sharpe offered the following resolution:
     Senate Resolution No. 11--
Recognizing Leadership Berkeley for its service, dedication and commitment to Berkeley County.
     Whereas, The objective of Leadership Berkeley is to promote knowledge and awareness of the problems, opportunities and issues facing Berkeley County; and
     Whereas, Leadership Berkeley is designed to provide a series of educational and participatory experiences, as well as an opportunity for dialogue and the development of a correlation among participants in order to encourage local participation in the growth of Berkeley County; and
     Whereas, The membership of Leadership Berkeley includes individuals from nearly every facet of Berkeley County's business, professional, religious, governmental, educational, civic, the arts, organized labor and minority organizations who demonstrate a commitment to the community; and
     Whereas, The 2003-2004 membership of Leadership Berkeley consists of Mark Andrews, Essroc Cement; Penelope Blake, Veterans Medical Center; Jeffrey Boehm, Shockey Management Company; Constance Brewer, CoxHollida; Mary Creel, Veterans Medical Center; Nancy Hamilton, Veterans Medical Center; Pastor Carl Hickerson, Destiny Baptist Church; Kimberly Hough, Berkeley County Schools; Douglas Hovatter, West Virginia University Extension Service; Christopher Luttrell, Bowles Rice McDavid Graff and Love, PLLC; Heidi Silver-Myers, Martin and Siebert; Cynthia Oates, Communications Initiatives; Craig Potter, Panhandle Home Health; Charlotte Sherman, Re/Max Enterprises; Ann Shipway, Community and Technical College of Shepherd; Melba Thorne, Citizens National Bank; and Margaret Ways, Community and Technical College of Shepherd; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby recognizes Leadership Berkeley for its service, dedication and commitment to Berkeley County; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of Leadership Berkeley.
     At the request of Senator Unger, 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, at the request of Senator Chafin, and by unanimous consent, returned to the fourth order of business.
     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. 33 (originating in the Committee on Transportation)--Urging, within three years from the date of this resolution, manufacturers and dealers of all-terrain vehicles design, test and offer roll bars as optional equipment on every all-terrain vehicle sold in West Virginia.
     Whereas, This legislative body is concerned first and foremost with the health and safety of every all-terrain vehicle rider in the state; and
     Whereas, All-terrain vehicles equipped with roll bars are a significant safety improvement over all-terrain vehicles which do not have such equipment; and
     Whereas, It is important that every all-terrain vehicle rider, but especially the parents of children who will be riding all- terrain vehicles, have access to the latest and most up-to-date safety equipment available so that this popular pastime may be enjoyed safely and with fewer injuries; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby urges, within three years from the date of this resolution, manufacturers and dealers of all-terrain vehicles design, test and offer roll bars as optional equipment on every all-terrain vehicle sold in West Virginia; 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 for distribution to all-terrain vehicle manufacturers and dealers.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 27,
Requesting Division of Highways name bridge on Route 49 at Matewan "Michael S. Justice 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. 28, Requesting Division of Highways rename connection of Route 73 between Fountain Place Mall and Mt. Gay "West Virginia POW-MIA Highway".
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation.
     Senate Concurrent Resolution No. 29, Requesting Division of Highways name bridge on Route 60 crossing Four Pole Creek "Colonel Justice M. Chambers 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. 30, Designating September 12 "Monarch Butterfly Day".
     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. 318, Relating to good time for inmates of correctional institutions.
     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. 318) 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. 319, Relating to centers for housing young adult offenders.
     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. 319) 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. 406, Relating to victim notification of defendant's release.
     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. 406) 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. 448, Relating to higher education advisory boards generally.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Sharpe, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Eng. Senate Bill No. 449, Relating to elections generally.
     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. 449) 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. S. B. No. 449) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 4020, Protecting personal information maintained by the state from inappropriate disclosure.
     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. H. B. No. 4020) passed.
     At the request of Senator Kessler, as chair of the Committee on the Judiciary, and by unanimous consent, the unreported Judiciary committee amendment to the title of the bill was withdrawn.
     On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. House Bill No. 4020--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §5A-8-21 and §5A-8-22, all relating to limiting disclosure of personal information maintained by the legislative, judicial or executive agencies of the state of West Virginia relating to state employees due to their state employment; and creating lesser restrictions on information maintained by executive branch agencies on citizens generally.
     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. 52, Allowing motorcycle registration plates to be fastened in vertical position.
     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. 181, Permitting retired state police to carry concealed weapon for life.
     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. 208, Allowing state police to engage in certain political activities while off duty and out of uniform.
     On second reading, coming up in regular order, was read a second time.
     At the request of Senator Chafin, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
     Com. Sub. for Senate Bill No. 404, Clarifying term "behavioral health services"; removing "community care services".
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 469, Continuing interstate commission on uniform state laws.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 470, Continuing real estate appraiser licensing and certification board.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 471, Continuing state board of risk and insurance management.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     The Senate proceeded to the tenth order of business.
     Senate Bill No. 428, Defining "transacting insurance".
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Eng. House Bill No. 4131, Requiring certain reporting to the legislative oversight commission on workforce investment for economic development.
     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 Harrison, Bowman, Rowe, Deem, Weeks, Boley, Hunter, McKenzie, Prezioso, Plymale, Sprouse, Unger, Ross and Smith.
     Thereafter, at the request of Senator Deem, and by unanimous consent, the remarks by Senator Harrison were ordered printed in the Appendix to the Journal.
     At the request of Senator Sprouse, unanimous consent being granted, the remarks by Senator Boley were ordered printed in the Appendix to the Journal.
     At the request of Senator Weeks, and by unanimous consent, the remarks by Senator Sprouse were ordered printed in the Appendix to the Journal.
     Senator Prezioso requested unanimous consent that the remarks by Senator Bowman be ordered printed in the Appendix to the Journal.
     Which consent was not granted, Senator Deem objecting.
     On motion of Senator Prezioso, the remarks by Senator Bowman were ordered printed in the Appendix to the Journal.
     At the request of Senator Sharpe, and by unanimous consent, the remarks by Senators Ross and Smith 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, including a minority party caucus,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, February 10, 2004, at 11 a.m.
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