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.
____________