WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

FORTY-SECOND DAY

____________

Charleston, W. Va., Tuesday, February 24, 2004

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

     Prayer was offered by Pastor Arnold Kaufman, First Church of God, McMechen, West Virginia.
     Pending the reading of the Journal of Monday, February 23, 2004,
     On motion of Senator Prezioso, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     Senator Tomblin (Mr. President) presented a communication from the Court of Claims, submitting its Crime Victims Compensation Fund report, in accordance with chapter fourteen, article two-a, section twenty-one of the code of West Virginia.
     Which report was 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 concurrence by that body in the passage, to take effect from passage, of
     Eng. Senate Bill No. 449, Relating to elections generally.
     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. 2384--A Bill to amend and reenact §20-2-57 of the code of West Virginia, 1931, as amended, relating to providing criminal penalties for shooting and wounding or killing a human being by a person hunting, pursuing, taking or killing wild animals or wild birds while under the influence of alcohol, controlled substances or drugs; and permitting court- ordered restitution.
     Referred to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2004, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4044--A Bill to amend and reenact §18-3-1 of the code of West Virginia, 1931, as amended, relating to increasing the salary limit for the state superintendent's position.
     Referred to the Committee on Education; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2004, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4053--A Bill to amend and reenact §18-2-3 of the code of West Virginia, 1931, as amended, relating to the compensation of members of the West Virginia board of education.
     Referred to the Committee on Education; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4141--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-14; to further amend said code by adding thereto a new section, designated §16-5C-5a; to further amend said code by adding thereto a new section, designated §16-5D-5a; to further amend said code by adding thereto a new section, designated §16-5E-7; and to further amend said code by adding thereto a new section, designated §16-5N-6a, all relating to patient visitation rights; establishing new criteria for patient visits at hospitals, nursing homes, personal care homes, legally unlicensed health care homes, and residential care communities; allowing for patient visitations with non-relatives designed by patients; and creating exceptions thereto.
     Referred to the Committee on Health and Human Resources; and then 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. 4308--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-11A-3a, relating to providing immunity from civil damages to a worker, contractor, engineer or architect, who in good faith provides services or materials, without remuneration, to build or install certain universal accessibility features in accordance with applicable state and federal laws.
     At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
     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. 4374--A Bill to amend and reenact §21-9-4, §21-9-10, §21-9-11 and §21-9-12 of the code of West Virginia, 1931, as amended, all relating to manufactured housing construction and safety standards; removing out-dated language; providing for inspections and the payment of the costs of inspection; authorizing the issuance of cease and desist orders and establishing penalties for violations of the article; establishing the state manufactured housing recovery fund; and providing permitted uses of interest on the fund.
     Referred to the Committee on Government Organization; and then 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. 4433--A Bill to amend and reenact §61-2-29 of the code of West Virginia, 1931, as amended, relating to abuse or neglect of an incapacitated adult; adding the crimes of abuse and neglect of an elderly person age sixty-five years or older and the crime of misuse and misappropriation of the funds or assets of an elderly person; and creating the crime of misuse or misappropriation of the funds or assets of an elderly person through deception, intimidation, coercion, the infliction of bodily injury or the threat of bodily injury.
     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. 4467--A Bill to amend and reenact §49-6-4 of the code of West Virginia, 1931, as amended, relating to the payment of expert fees in child abuse and neglect cases.
     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. 4530--A Bill to amend and reenact §19-2B-1 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §19-2B-1a, all relating to continuation of the meat and poultry inspection program.
     Referred to the Committee on Government Organization.
     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. 4531--A Bill to amend and reenact §5-16-4 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5-16-4a, all relating to continuation of the public employees insurance agency finance board.
     Referred to the Committee on Government Organization.
     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. 4532--A Bill to amend and reenact §29-3-31 of the code of West Virginia, 1931, as amended, relating to continuation of the state fire commission.
     Referred to the Committee on Government Organization.
     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. 28--Requesting that September 12th of every year be declared as West Virginia Monarch Butterfly Day.
     Whereas, The Monarch Butterfly, scientifically known as Danaus plexippus and nicknamed the "milkweed butterfly", is the state butterfly; and
     Whereas, The Monarch Butterfly has declined in population in recent years; and
     Whereas, September 12, an established school day, will facilitate the study of the Monarch Butterfly migration through West Virginia; and
     Whereas, Monarch butterflies migrate through West Virginia traveling north in July and migrate south in September and October; and
     Whereas, September 12 offers warm weather, facilitating field trips to observe the Monarch on the milkweed; and
     Whereas, September 12 is close to the day known as "Grandparents Day" which allows families to celebrate worthwhile family activities in celebration of grandparents and Monarch Butterflies; and
     Whereas, The day to be set aside as West Virginia Monarch Butterfly Day would not require an absence from employment obligations as a legal observed holiday and not require funding to establish this observance on September 12; and
     Whereas, The Monarch Butterfly being our state butterfly reflects our acknowledgment of the Monarch butterfly; therefore, be it
     Resolved by the Legislature of West Virginia:
     That September 12th of every year beginning with 2004 be set aside for the Monarch Butterfly to be acknowledged, pondered, studied, explored, conserved and celebrated.
     Referred to the Committee on Government Organization.
     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. 34--Requesting the Division of Highways rename the connection of Route 73 from Route 119 between Fountain Place Mall and Mt. Gay, Logan County, the "West Virginia POW-MIA Highway".
     Whereas, Thousands of American soldiers who have served their nation with pride and distinction have suffered at the hands of the enemy as prisoners of war; and
     Whereas, Because of the trauma experienced by many of our prisoners of war, many of them continue to suffer serious physical illnesses and distress as a result of their captivity; and
     Whereas, Many of our nation's soldiers who have fought in America's battles for freedom are still missing in action. Many families and friends of MIAs are unable to bring the loss of their loved ones to a close, keeping hope that they are, perhaps, POWs; and
     Whereas, As a tribute to the American soldiers who have served our nation and found themselves held prisoners of war in the hands of our enemies, and as a remembrance of those for whom there has not been an accounting, it is fitting that their service be honored; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways rename the connection of Route 73 from Route 119 between Fountain Place Mall and Mt. Gay, Logan County, the "West Virginia POW-MIA Highway"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the highway as the "West Virginia POW-MIA Highway"; and, be it
     Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
     Referred to the Committee on Transportation.
Executive Communications

     The Clerk then presented a communication from His Excellency, the Governor, advising that on February 23, 2004, he had approved Enr. House Bill No. 4020 and Enr. House Bill No. 4131.
     The Senate proceeded 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 Bill No. 173, Authorizing disabled commercial licensed driver to retain personal driving permit in certain cases.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 173 (originating in the Committee on Transportation)--A Bill to amend and reenact §17E-1-12 of the code of West Virginia, 1931, as amended, relating to authorizing a disabled commercial licensed driver to have a personal driving permit for up to two years without loss of status as a commercial licensed driver.
     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,
                               Mike Ross,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Transportation.
     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. 270, Creating Public Campaign Financing Act.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but with the further recommendation that it first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     On motion of Senator Kessler, the bill (S. B. No. 270) contained in the foregoing report from the Committee on the Judiciary was then referred to the Committee on Finance, with amendments from the Committee on the Judiciary pending.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     Senate Bill No. 511, Providing special registration plates for whitewater enthusiasts.
     And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance.
     Senator 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. 551, Allowing alcohol beverage control commissioner to revoke or suspend wine licenses.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 551 (originating in the Committee on the Judiciary)--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 a monetary penalty on licensee for violation of article or any rule promulgated or order issued by commissioner; and making technical corrections.
     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. 551), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration
     Senate Concurrent Resolution No. 54 (originating in the Committee on Natural Resources)--Requesting the Joint Committee on Government and Finance study the liability of the Division of Forestry and others as to forest fires.
     Whereas, Current laws relating to the liability of the Division of Forestry and others assisting the Division of Forestry in fighting forest fires appear to create unreasonable liability for the Division for any and all damage that may occur to property or person to the liability insurance limits of the Division of Forestry; and
     Whereas, The forest fire liability provisions do not appear to take into consideration damage that may occur through proper firefighting techniques, inconsequential damage that may occur in containing a fire, such as damage to topsoil, damages secondary to fire suppression and other insurance that may cover the landowner's damages; and
     Whereas, Without these liability issues being addressed, the Division of Forestry and, therefore, the State of West Virginia and its taxpayers are vulnerable to unlimited claims for any and all damage occurred fighting forest fires; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the liability of the Division of Forestry and others as to forest fires; 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.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               John Pat Fanning,
                               Chair.
     Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration
     Senate Concurrent Resolution No. 55 (originating in the Committee on Natural Resources)--Requesting the Joint Committee on Government and Finance study state fire code rules as they apply to bed and breakfasts.
     Whereas, Bed and breakfasts are an integral part of the state's small business and tourism industries which provide specialized lodging in many parts of the state at tourism attractions, including state and national parks, hiking and biking trails, whitewater rafting, skiing and historic sites; and
     Whereas, Bed and breakfasts are typically historic or unique homes with a limited number of rooms rented to a few guests and are not designed or financially able to meet stringent fire code rules designed for larger lodging or rooming houses, although these rules apply to bed and breakfasts; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study state fire code rules as they apply to bed and breakfasts; and, be it
     Further Resolved, That the Joint Committee on Government and Finance is hereby requested to examine ways to preserve the unique and historic character of bed and breakfasts while maintaining fire safety and contain the cost of conversion of homes to bed and breakfasts to meet state fire code requirements; 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.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               John Pat Fanning,
                               Chair.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     House Concurrent Resolution No. 12, Naming the newly constructed concrete bridge on County Road 13 in Saxon, Raleigh County, West Virginia, the "PFC John Michael Davis Memorial Bridge".
     And,
     House Concurrent Resolution No. 20, Naming an existing bridge situate approximately one and four-tenths miles up Elk Creek in Delbarton, Mingo County, West Virginia, to John Hunt.
     And reports the same back with the recommendation that they each be adopted.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
     The Senate proceeded to the fifth order of business.
Filed Conference Committee Reports

     The Clerk announced the following conference committee report had been filed at 11:30 a.m. today:
     Eng. Com. Sub. for House Bill No. 4022, Creating "The All-Terrain Vehicle Safety Regulation Act".
     The Senate proceeded to the sixth order of business.
Petitions

     Senators Love and White presented a petition from Jayne Jones and sixteen West Virginia residents, requesting the Legislature ban same-sex marriages.
     Referred to the Committee on the Judiciary.
     Senator Weeks presented a petition from Luther Bennett and numerous Raleigh County residents, supporting consumer protection legislation relating to the insurance industry.
     Referred to the Committee on Banking and Insurance.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 49, Urging President George W. Bush and Congress stop outsourcing American jobs.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 50, Requesting Division of Highways name bridge connecting U. S. Route 60 East and Peyton Street, Barboursville, Cabell County, "James G. Berry 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. 51, Requesting Joint Committee on Government and Finance study feasibility of state joining National Crime Prevention and Privacy Compact.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 52, Requesting Governor, Division of Culture and History, Department of Administration and Capitol Building Commission work toward construction of covered walkways and access ramps for handicapped persons.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Government Organization.
     Senate Concurrent Resolution No. 53, Requesting Division of Highways name bridge located at U. S. Route 2 and Nine Mile Road, Cabell County, "David Rickey Carson Memorial Bridge".
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation.
     The Senate proceeded to the eighth order of business.
     Eng. Com. Sub. for Senate Bill No. 214, Authorizing board of landscape architects to set certain fees by rule.
     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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: White--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. 214) 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. 402, Relating to authority of board of risk and insurance management to promulgate certain legislative rules.
     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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: White--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. 402) 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. 410, Providing educational opportunities to certain children of deceased military; removing in-state requirement.
     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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: White--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. 410) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2004.
     On this question, the yeas were: 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, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: White--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 410) takes effect July 1, 2004.
     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. 513, Relating to jobs investment trust board.
     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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: White--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. 513) 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. 532, Repealing section of code relating to inspection of jails.
     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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: White--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. 532) 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. 574, Allowing commissioner to sell liquor warehouse under certain circumstances.
     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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: White--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. 574) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: 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, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: White--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. 574) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 575, Continuing motor vehicle dealers advisory board.
     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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: White--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. 575) 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. 576, Continuing state rail authority.
     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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: White--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. 576) 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. 577, Continuing board of registration for foresters.
     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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: White--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. 577) 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. 578, Continuing design-build board.
     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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: White--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. 578) 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. 579, Relating to sex offender registration.
     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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: White--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. 579) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 4011, Bringing the West Virginia personal income tax act into conformity with the federal income tax.
     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, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: White--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. 4011) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: 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, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: White--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4011) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     The Senate proceeded to the ninth order of business.
     Com. Sub. for Senate Bill No. 165, Simplifying state higher education tuition and fee system.
     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. 420, Relating generally to motor fuels excise tax.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 439, Relating to compulsory immunization of school children.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Prezioso, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     On page seven, section four, line one hundred, by striking out the word "or" and inserting in lieu thereof the word "nor";
     And,
     On page seven, section four, line one hundred fifteen, by striking out the word "or" and inserting in lieu thereof the word "nor".
     On motions of Senators Prezioso and Minard, the following amendments to the bill were next reported by the Clerk, considered simultaneously, and adopted:
     On page three, section four, line twenty-one, after the word "practices." by inserting the following: Proof of immunization is not required for a child entering school if the parent or guardian of the child entering school submits a signed notarized statement, attested to by a member of the clergy or religious representative who is authorized to perform marriages in the state pursuant to the provisions of article two, chapter forty-eight of this code, to the county superintendent of schools, or his or her designee, stating that the parent or guardian has received information from the department of health and human resources as required by subsection (a) of this section, understands the risks and benefits of immunizations and the potential risks of nonimmunization and that due to religious belief(s) the parent or guardian does not consent to the immunization of the child entering school.;
     And,
     On page seven, section four, line one hundred three, after the word "immunized" by inserting a comma and the words "and is not exempted from immunization,".
     The bill (S. B. No. 439), as amended, was then ordered to engrossment and third reading.
     Senate Bill No. 450, Relating to long-term care insurance policies.
     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. 459, Providing civil immunity to certain volunteers who build or install universal accessibility features.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 506, Permitting use of "bank" in name of licensed insurance company.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:
     On page two, section two, line four, after the word "code" by inserting the words "under a name including the terms set forth herein".
     The bill (S. B. No. 506), as amended, was then ordered to engrossment and third reading.
     Senate Bill No. 517, Relating to standard nonforfeiture law for individual deferred annuities.
     On second reading, coming up in regular order, was read a second time.
     The following amendments to the bill, from the Committee on Banking and Insurance, were reported by the Clerk, considered simultaneously, and adopted:
     On page eight, section thirty-a, line one hundred thirty- eight, by striking out the words "shall apply" and inserting in lieu thereof the word "applies";
     And,
     On page twelve, section thirty-a, line two hundred fourteen, by striking out the word "issued" and inserting in lieu thereof the word "outstanding".
     The bill (S. B. No. 517), as amended, was then ordered to engrossment and third reading.
     Senate Bill No. 529, Repealing section of code relating to working prisoners by county courts.
     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.
     Com. Sub. for Senate Bill No. 89, Relating to beneficial use of water treatment plant sludge.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 148, Creating Tax Amnesty Program of 2004.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Com. Sub. for Senate Bill No. 320, Redefining law relating to modular homes.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Eng. House Bill No. 4132, Relating to the West Virginia guaranteed work force program.
     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 Weeks, Boley, Hunter and Minear.
     Thereafter, at the request of Senator Chafin, and by unanimous consent, the remarks by Senator Hunter were ordered printed in the Appendix to the Journal.
     At the request of Senator Deem, unanimous consent being granted, the Senate returned to the eleventh order of business and the introduction of guests.
     On motion of Senator Chafin, a leave of absence for the day was granted Senator White.
     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, Wednesday, February 25, 2004, at 11 a.m.
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