WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

THIRTY-SIXTH DAY

____________

Charleston, W. Va., Wednesday, February 18, 2004

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

     Prayer was offered by Rabbi Helen Bar-Yaacov, Temple Israel, Charleston, West Virginia.
     Pending the reading of the Journal of Tuesday, February 17, 2004,
     On motion of Senator Love, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     Senator Tomblin (Mr. President) presented a communication from the Department of Tax and Revenue, submitting its annual preliminary statewide aggregate tax revenue projection, in accordance with chapter eleven, article one-c, section five 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.
     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. 4451--A Bill to amend and reenact §5E-1-16 and §5E-1-17 of the code of West Virginia, 1931, as amended, relating to the West Virginia capital company act; and clarifying that the economic development authority and tax commissioner are authorized to require certain examination and compliance actions.
     Referred to the Committee on Economic Development.
     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 17th day of February, 2004, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (H. B. No. 4020), Protecting personal information maintained by the state from inappropriate disclosure.
     And,
     (H. B. No. 4131), Requiring certain reporting to the legislative oversight commission on workforce investment for economic development.
                              Respectfully submitted,
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Sharon Spencer,
                               Chair, House Committee.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 317, Increasing parolee supervision fee.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     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. 320, Redefining law relating to factory-built homes.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 320 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17A-3-4 of the code of West Virginia, 1931, as amended, relating to the division of motor vehicles; application for a certificate of title; and modular homes, as defined, are not subject to the provisions of this section.
     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,
                               Jeffrey V. Kessler,
                               Chair.
     The bill (Com. Sub. for S. B. No. 320), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human and Resources has had under consideration
     Senate Bill No. 357, Authorizing division of health to promulgate legislative rule relating to assisted living residences.
     Senate Bill No. 361, Authorizing division of health to promulgate legislative rule relating to public water systems.
     And,
     Senate Bill No. 364, Authorizing division of health to promulgate legislative rule relating to residential board and care homes.
     And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
     Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Senate Bill No. 477, Banning sale of ephedra.
     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,
                               Roman W. Prezioso, Jr.,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Health and Human Resources pending.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. House Bill No. 4012, Bringing the West Virginia corporation net income tax act into conformity with federal income tax.
     And,
     Eng. House Bill No. 4348, Expiring funds to the treasurer's office - banking services from the treasurer's office - unclaimed property trust fund.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Plymale, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration
     Eng. Com. Sub. for House Bill No. 4037, Providing for safe schools through alternative education programs and providing certain juvenile justice records to public school officials.
     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,
                               Robert H. Plymale,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Education pending.
     Senator Plymale, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration
     Eng. House Bill No. 4287, Eliminating the provision of law limiting seniority rights for classified employees when funding the annual salary increment results in employee layoffs.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Robert H. Plymale,
                               Chair.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. House Bill No. 4349, Relating generally to consumers sales and service tax.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     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 Snyder and Bailey:
     
Senate Bill No. 551--A Bill to amend and reenact §60-8-18 of the code of West Virginia, 1931, as amended, relating generally to power of alcohol beverage control commissioner to revoke or suspend wine licenses; allowing commissioner to revoke, suspend, place licensee on probation and impose money penalty on licensee for violation of article or any rule promulgated or order issued by commissioner; and making technical corrections.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Ross and Edgell:
     
Senate Bill No. 552--A Bill to amend and reenact §19-21A-4 and §19-21A-7 of the code of West Virginia, 1931, as amended, all relating to the state conservation committee and conservation districts; adding a member to the committee; designating the committee and its supporting staff as the West Virginia conservation agency; and increasing the per diem rate for conservation district supervisors.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Tomblin (Mr. President), Hunter and Rowe:
     
Senate Bill No. 553--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-4E-1, §9-4E-2, §9-4E-3, §9-4E-4, §9-4E-5, §9-4E-6, §9-4E-7, §9-4E-8 and 9-4E-9, all relating to establishing the "West Virginia Medicaid Community Attendant Services and Supports Act"; setting forth legislative findings; requiring the department of health and human resources to implement and administer a home- and community-based attendant services and supports program for eligible disabled individuals; stating statutory requirements of the program; requiring the department to propose legislative rules necessary to implement the program; providing for the rights of eligible individuals and for the responsibilities of the department; providing for a right of appeal; requiring development of consumer service plans; requiring a quality assurance plan; requiring that certain options for service delivery be available; authorizing family members to be providers under the program; defining terms; requiring the department to report quarterly to the legislative oversight commission on health and human resources accountability; authorizing the creation of administrative sanctions under the program; and providing for an effective date.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Fanning:
     
Senate Bill No. 554--A Bill to amend and reenact §44A-4-5 of the code of West Virginia, 1931, as amended, relating to continuing the guardianship or conservatorship of protected persons; and continuing the authority of a guardian or conservator for limited decisionmaking regarding the body of a deceased protected person.
     Referred to the Committee on the Judiciary.
     By Senator Jenkins:
     
Senate Bill No. 555--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7B-12, relating to abridging health care providers' exposure to liability where, in certain cases involving prescription drugs and medical devices, a person has been injured.
     Referred to the Committee on the Judiciary.
     By Senator Minard (By Request):
     
Senate Bill No. 556--A Bill to amend and reenact §46A-6C-2 of the code of West Virginia, 1931, as amended, relating to credit services organizations; exempting certain retailers from the definition of credit services organizations; and making amendments to this section apply retroactively.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senator Jenkins:
     
Senate Bill No. 557--A Bill to amend and reenact §33-11-3 of the code of West Virginia, 1931, as amended, relating to unfair insurance trade practices generally; and exempting insurers, their employees and agents from certain provisions of law.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senators Caldwell, Rowe and McKenzie:
     
Senate Bill No. 558--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-20a, relating to making the misuse of a power of attorney or other fiduciary relationship the crime of embezzlement.
     Referred to the Committee on the Judiciary.
     By Senators Hunter, White and Rowe:
     
Senate Bill No. 559--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated section §6-7-1a, relating to permitting certain appointed and elected officers and employees of the state to waive their salaries; limiting the applicability of the waiver; setting forth methodology of waiver; and other provisions as to waiver of salary.
     Referred to the Committee on the Judiciary.
     By Senators Love and White:
     
Senate Bill No. 560--A Bill to amend and reenact §30-35-3 of the code of West Virginia, 1931, as amended, relating to the board of dietitians; increasing the terms of members to six years; and eliminating the limitation on the number of terms a member may serve.
     Referred to the Committee on Government Organization.
     By Senator Snyder:
     
Senate Bill No. 561--A Bill to amend and reenact §7-1-3s of the code of West Virginia, 1931, as amended, relating to authorizing county commissions to regulate, under certain circumstances, the operation of all-terrain vehicles.
     Referred to the Committee on Transportation; and then to the Committee on the Judiciary.
     Senators Prezioso, Hunter, Sharpe, Boley, Rowe, Minard, Dempsey and Unger offered the following resolution:
     Senate Concurrent Resolution No. 44--Requesting the Joint Committee on Government and Finance conduct a study of the shortage of qualified nursing personnel which should include a study of: Working environments of nurses in hospitals and other work areas; current funding sources for nursing education; administration of funding for nursing education; adequacy of funding levels per nursing student; capacity for expansion of nursing programs; increasing nursing faculty salaries; upgrading and enhancing distance education technology; funding for enhanced distance education; and providing stipends to support nontuition-related expenses for nursing education programs.
     Whereas, There is a critical shortage of qualified nurses in several areas of this state; and
     Whereas, State-supported nursing programs are struggling with limited budgets while trying to offer educational courses and training to nursing students that utilize modern technological and health care advances; and
     Whereas, The West Virginia Board of Examiners for Registered Professional Nurses has established a Nursing Shortage Study Commission to bring these issues before the Legislature and has filed a report on its findings; and
     Whereas, The Legislature has studied this topic during the 2003 interim session and has recommended that this subject receive further study during the 2004 interim session; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to conduct a study of the shortage of qualified nursing personnel which should include a study of: Working environments of nurses in hospitals and other work areas; current funding sources for nursing education; administration of funding for nursing education; adequacy of funding levels per nursing student; capacity for expansion of nursing programs; increasing nursing faculty salaries; upgrading and enhancing distance education technology; funding for enhanced distance education; and providing stipends to support nontuition-related expenses for nursing education programs; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     Senators Hunter, Jenkins, Rowe, Weeks, Dempsey and Unger offered the following resolution:
     Senate Concurrent Resolution No. 45--Requesting the Joint Committee on Government and Finance conduct an interim study on providing for certain requirements for overtime policies for health care workers in state hospitals.
     Whereas, It is essential that health care workers, especially nurses, employed in state hospitals providing direct patient care be available to meet the needs of patients; and
     Whereas, Quality patient care is jeopardized by health care workers who may work unnecessarily long hours in hospitals; and
     Whereas, Health care workers in state hospitals, especially nurses, are leaving their professions because of workplace stresses, long work hours and deprecation of their essential role in the delivery of quality, direct patient care; and
     Whereas, It is necessary to safeguard the efficiency, health and general well-being of health care workers in state hospitals, as well as the health and general well-being of the persons who use their services, by requiring state hospitals to establish overtime policies for certain classifications of health care workers; and
     Whereas, It is further necessary that health care workers be aware of their rights and duties with regard to hospital overtime policies in state hospitals; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to conduct an interim study on providing for certain requirements for overtime policies for health care workers in state hospitals; and, be it
     Further Resolved, That the Joint Committee on Government and Finance consult with health care workers employed in state hospitals, including, but not limited to, registered professional nurses, licensed practical nurses and certified nurse assistants, representatives of health care facilities and representatives from the Department of Health and Human Resources and the Commissioner of the Division of Labor; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     Senators Sprouse, Rowe and Harrison offered the following resolution:
     Senate Resolution No. 17--Congratulating the Clendenin Junior Softball League All Star team for an exceptional 2003 season and for its competition in the Junior League Softball World Series.
     Whereas, The Clendenin Junior Softball League All Star team has won six straight state championships; and
     Whereas, In August, 2003, the Clendenin Junior Softball League All Star team, along with nine other teams from around the world, traveled to Kirkland, Washington, to participate in the Junior League Softball World Series; and
     Whereas, The World Series is an international fastpitch softball tournament sponsored by Little League Baseball, Inc., for girls ages 13 and 14; and,
     Whereas, The Clendenin Junior Softball League All Star team placed 7th in the Series; and
     Whereas, The outstanding leadership of the Clendenin Junior Softball League All Star team coaching staff, consisting of Andi Geary, Bill Hively and Mark Murphy, along with the athletic ability and team sportsmanship of players Tawny Black, Ashley Carper, Serena Frye, Brittany Hensley, Alysia Hively, Leanne Murphy, Courtney Pettry, Jamanda Rollison, Lindsey Shafer, Heather Short, Lindsay Taylor, Emily Wayne and Amber Young, helped to make the 2003 season a success; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby congratulates the Clendenin Junior Softball League All Star team for an exceptional 2003 season and for its competition in the 2003 Junior League Softball World Series; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the coaches and members of the Clendenin Junior Softball League All Star team.
     At the request of Senator Sprouse, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Senators Smith, Facemyer and Rowe offered the following resolution:
     Senate Resolution No. 18--Congratulating the Poca High School football team on winning the 2003 Class AA championship.
     Whereas, The Poca High School football team had another exceptional season which earned it the opportunity to participate in the 2003 Class AA championship playoffs; and
     Whereas, The Poca High School football team won the 2003 Class AA championship, its third consecutive Class AA win; and
     Whereas, The coaching staff of Poca High School is commended for its outstanding leadership ability; and
     Whereas, The players on the 2003 Poca High School football team are commended for their outstanding athletic ability, team spirit and sportsmanship; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby congratulates the Poca High School football team on winning the 2003 Class AA championship; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Poca High School football team.
     At the request of Senator Facemyer, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Senators Rowe, Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Smith, Snyder, Sprouse, Tomblin (Mr. President), Unger, Weeks and White offered the following resolution:
     Senate Resolution No. 19--Designating February 18, 2004, as "Law-enforcement Appreciation Day".
     Whereas, Citizens of West Virginia should consider the men and women of law enforcement who daily place their lives in danger for our safety; and
     Whereas, The men and women of law enforcement have trained efficiently to perform their duties and are dedicated to the communities they serve; and
     Whereas, Sadly, there are many law-enforcement officers who are killed in the line of duty; and
     Whereas, It is fitting that we pay tribute to the men and women of law enforcement whose dedication and commitment to protect and serve our citizens go unnoticed in our daily lives; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby designates February 18, 2004, as "Law- enforcement Appreciation Day"; and, be it
     Further Resolved, That the Senate hereby expresses its gratitude for law-enforcement officers who risk their lives on a daily basis for our safety and protection and is proud of the men and women who live up to the creed "To protect and serve"; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to appropriate representatives of law enforcement.
     At the request of Senator Rowe, 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 five minutes.
     Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
     Senators Rowe, Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Smith, Snyder, Sprouse, Tomblin (Mr. President), Unger, Weeks and White offered the following resolution:
     Senate Resolution No. 20--Designating February 18, 2004, as "Children's Day".
     Whereas, The success of our state and its citizens is dependent on the well-being of our children; and
     Whereas, Each of us has the responsibility to involve ourselves in seeking opportunities to serve the needs of our children in order to help them achieve their highest potential; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby designates February 18, 2004, as "Children's Day"; and, be it
     Further Resolved, That the Senate recognizes its responsibility to the children of West Virginia and its commitment to their preparation for a full and productive life; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of the Coalition for West Virginia's Children.
     At the request of Senator Rowe, 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.
Petitions

     Senators Jenkins and Plymale presented a petition from Pam Hughes and numerous retired school employees, requesting the Legislature provide an annual cost-of-living adjustment to the pensions of retired school employees.
     Referred to the Committee on Pensions.
     Senator Boley presented a petition from Carl P. Andrick and numerous retired school employees, requesting the Legislature provide an annual cost-of-living adjustment to the pensions of retired school employees.
     Referred to the Committee on Pensions.
     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.
     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.
     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.
     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.
     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.
     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.
     Senate Concurrent Resolution No. 38, Requesting Division of Highways name bridge crossing Tug Fork River from Williamson, Mingo County, to Pike County, Kentucky, "Julien and Antoine Gaujot Memorial Bridge".
     On unfinished business, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the resolution was laid over one day, retaining its place on the calendar.
     Senate Concurrent Resolution No. 43, Requesting Joint Committee on Government and Finance study repealing current corporate license tax.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
     House Concurrent Resolution No. 19, Naming the replacement bridge on Sellers Run Road in Tyler County the "E. Glenn Moore Memorial Bridge".
     On unfinished business, coming up in regular order, was reported by the Clerk.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     The Senate proceeded to the eighth order of business.
     Eng. Senate Bill No. 276, Establishing marriage license discount for applicants who complete approved premarital counseling.
     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: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Fanning--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. 276) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 425, Establishing English as official state language.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     Pending discussion,
     The question being "Shall Engrossed Committee Substitute for Senate Bill No. 425 pass?"
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Deem, Dempsey, Edgell, Facemyer, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
     The nays were: Chafin, McCabe and White--3.
     Absent: Fanning--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 425) 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. 509, Relating to property sold at sheriff's sale.
     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: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Fanning--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. 509) 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.
     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Senate Bill No. 147, Relating to transfer of lottery surplus net profits.
     Senate Bill No. 160, Extending time to appropriate money from public employees insurance agency reserve fund to bureau of medical services.
     Senate Bill No. 321, Providing personal income tax adjustment to gross income of certain retirees.
     Senate Bill No. 444, Requiring county litter control officers to enforce litter laws.
     And,
     Com. Sub. for Senate Bill No. 505, Creating motor vehicle classification of "low-speed vehicle".
     The Senate proceeded to the eleventh order of business and the introduction of guests.
     The Senate then proceeded to the twelfth order of business.
     Remarks were made by Senator Prezioso.
     On motion of Senator Chafin, a leave of absence for the day was granted Senator Fanning.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 19, 2004, at 11 a.m.
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