WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

FORTY-NINTH DAY

____________

Charleston, W. Va., Tuesday, March 2, 2004

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

     Prayer was offered by Minister Christopher Gallagher, Pine Grove Church of Christ, Scott Depot, West Virginia.
     Pending the reading of the Journal of Monday, March 1, 2004,
     On motion of Senator Oliverio, 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 Commission for National and Community Service, submitting its annual report as required by chapter five, article twenty-six-a, section four 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 adoption of
     Senate Concurrent Resolution No. 12, Declaring December, 2004, "Legislators Back to School Month".
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
     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".
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
     Senate Concurrent Resolution No. 29, Requesting Division of Highways name bridge on Route 60 crossing Four Pole Creek "Colonel Justice M. Chambers Memorial Bridge".
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
     Senate Concurrent Resolution No. 32, Requesting West Virginia's congressional delegation to support amendments to and funding for No Child Left Behind Act and Individuals with Disabilities Education Act.
     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. 2366--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-28; and to amend said code by adding thereto a new section, designated §33-4-21; to amend said code by adding thereto a new section, designated §33-24-45; and to amend said code by adding thereto a new section, designated §33-25-22; and to amend said code by adding thereto a new section, designated §33-25A-36, all relating to requiring health benefit plans to issue uniform prescription drug cards or technology; providing exemptions for the medicaid program; establishing format guidelines and coordination with federal laws; defining terms; providing enforcement authority to the insurance commissioner; requiring the insurance commissioner to propose rules for legislative approval and establishing an effective date.
     Referred to the Committee on Health and Human Resources; 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. 2423--A Bill to amend and reenact §18-2-34 of the code of West Virginia, 1931, as amended, relating to authorizing awarding of high school diplomas to certain surviving veterans.
     Referred to the Committee on Military; 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. 4027--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-25-1, §22-25-2, §22-25-3, §22-25-4, §22-25- 5, §22-25-6, §22-25-7, §22-25-8, §22-25-9, §22-25-10, §22-25-11, §22-25-12 and §22-25-13, all relating to establishing a voluntary environmental excellence program; creating certain incentives for businesses that exceed the requirements of certain state and federal environmental laws and regulations and increase the quantity and quality of public participation; establishing legislative findings and purpose; defining certain terms; directing the secretary of the department of environmental protection to develop and implement the environmental excellence program; authorizing the secretary of the department of environmental protection to propose certain legislative rules regarding the environmental excellence program; establishing eligibility and application requirements for participation; authorizing the department of environmental protection to enter into environmental performance agreements with qualified entities and timely review applications; providing for certain program elements; providing for appeal of certain adverse application decisions; providing for the withdrawal, enforcement and termination of participation under certain circumstances; providing for certain incentives to be established for participating in the program; providing certain guidelines for the content of environmental performance agreements; establishing the environmental excellence administrative fund; allowing for gifts and donations to be received by the fund; providing for public participation in the environmental excellence program; providing for a performance review of the program; and providing for expiration of the program in two thousand nine.
     Referred to the Committee on Energy, Industry and Mining.
     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. 4158--A Bill to amend and reenact §5A-3-36 of the code of West Virginia, 1931, as amended, relating to providing a procedure for removing property from the state's inventory of removable property.
     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 from passage, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4193--A Bill to amend and reenact article 3, chapter 64 of the code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the legislature; disapproving certain legislative rules presented to the legislature for authorization; authorizing the division of environmental protection to promulgate a legislative rule relating to the Nox budget trading program as a means of control and reduction of nitrogen oxides from non-electric generating units; authorizing the division of environmental protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants pursuant to 40 CFR Part 61; authorizing the division of environmental protection to promulgate a legislative rule relating to standards of performance for new stationary sources pursuant to 40 CFR Part 60; authorizing the division of environmental protection to promulgate a legislative rule relating to the prevention and control of air pollution from hazardous waste treatment, storage or disposal facilities; authorizing the division of environmental protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants for source categories pursuant to 40 CFR Part 63; authorizing the division of environmental protection to promulgate a legislative rule relating to requirements for determining conformity of transportation plans, programs and projects developed, funded or approved under Title 23 U.S.C. or the federal transit laws applicable air quality implementation plans (transportation conformity); authorizing the division of environmental protection to promulgate a legislative rule relating to surface mining reclamation; authorizing the division of environmental protection to promulgate a legislative rule relating to solid waste management; authorizing the division of environmental protection to promulgate a legislative rule relating to hazardous waste management; authorizing the division of environmental protection to promulgate a legislative rule relating to the West Virginia NPDES rule for coal mining facilities; and authorizing the environmental quality board to promulgate a legislative rule relating to requirements governing water quality standards.
     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 from passage, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4211--A Bill to amend and reenact article 8, chapter 64 of the code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the legislature; authorizing the division of highways to promulgate a legislative rule relating to the use of state road rights of way and adjacent areas; authorizing the division of highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways; and authorizing the division of motor vehicles to promulgate a legislative rule relating to administrative due process.
     Referred to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4291--A Bill to amend and reenact §30-1-7a of the code of West Virginia, 1931, as amended, relating to continuing education requirements for licensed healthcare professionals on the subject of end-of-life care training, including pain management coursework.
     Referred to the Committee on Health and Human Resources.
     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. 4334--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-6-1, §4-6-2, §4-6-3 and §4-6-4, all relating to creating the joint commission on technology and advanced communications; providing for appointment of members of the senate and house of delegates to the commission; providing for the appointment of citizen members; meetings, periods of function, powers and duties of the commission, recommendation of guidelines; and continuation of the commission.
     Referred to the Committee on Rules.
     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. 4379--A Bill to amend and reenact §30-7-3 of the code of West Virginia, 1931, as amended, relating to changing the representation of the board of registered professional nurses.
     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. Com. Sub. for House Bill No. 4388--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-56, relating to the creation, possession and use of original, altered, counterfeit or reproduced retail sales receipts or universal product codes with the intent to cheat or defraud a retailer; making such activities illegal; creating new misdemeanor and felony offenses for such illegal activities; and establishing penalties.
     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. 4501--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9h, relating to creating exemptions from the consumers sales and services tax for sales of computer hardware and software directly incorporated into manufactured products; creating exemptions for payment of certain licensing fees, for sales of computer hardware and software directly used in communication, for sales of electronic data processing services, for sales of certain educational software to be used in certain educational or nonprofit institutions, for sales of internet advertising of goods and services, and for certain sales of high technology business services; and providing definitions.
     Referred to the Committee on Finance.
     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. Com. Sub. for House Bill No. 4517--A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state and directing the auditor to issue warrants for the payment thereof.
     Referred 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. House Bill No. 4557--A Bill to amend and reenact §5-5-5 of the code of West Virginia, 1931, as amended, relating to deleting the specified year of the funding appropriated to provide the pay equity adjustment.
     Referred 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. 4559--A Bill to amend and reenact §8-27-23 of the code of West Virginia, 1931, as amended, relating generally to the procurement of supplies, equipment, materials and contracts for the construction of facilities by urban mass transportation systems.
     Referred to the Committee on Government Organization; 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. House Bill No. 4560--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated section §15-1B-26, relating to the West Virginia national guard generally; and requiring that guards and firefighters employed by the adjutant general be members of the national guard.
     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. House Bill No. 4576--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-37, relating to creating a voluntary checkoff on state income tax returns to donate refunds to family literacy program; specifying purposes; providing for administration; and providing for state board rule to implement program.
     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 from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4622--A Bill to repeal §29-22-22 of the code of West Virginia, 1931, as amended, relating to exemption of lottery prizes from taxation.
     Referred to the Committee on Finance.
     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. 4623--A Bill to repeal §5A-2-18 of the code of West Virginia, 1931, as amended, relating to expenditure of excess in collections upon approval of governor.
     Referred 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. House Bill No. 4627--A Bill to amend and reenact §9A-1-4 of the code of West Virginia, 1931, as amended, relating to duties and functions of veterans' council; honoring academic achievement of West Virginians at military academies.
     Referred to the Committee on Military.
     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. 11--Requesting the Joint Committee on Government and Finance to study the causes of the devastating flooding in southern West Virginia.
     Whereas, West Virginia families in the southern part of the state have been ravaged by repeated flooding; and
     Whereas, Some West Virginia residents have lost their lives due to the flooding and a great number of others have lost their homes and possessions; and
     Whereas, The nearly constant rebuilding of southern West Virginia communities after flooding has a large impact on the West Virginia economy; and
     Whereas, The causes of this continuing problem should be analyzed to determine if it is primarily a natural phenomenon resulting from excessive rain, or whether industrial activities such as clear cutting, surface mining and land development are significantly contributing to the flooding problem; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Joint Committee on Government and Finance to study the causes of the devastating flooding in southern West Virginia; 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.
     Referred to the Committee on Rules.
     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. 29--Requesting the West Virginia Division of Highways to name the new bridge crossing the Elk River on State Route 4 south of Gassaway, the "Veterans Memorial Bridge".
     Whereas, The State of West Virginia has seen more of its citizens, per capita, serve in the United States military during times of war and peace than any other state in the union; and
     Whereas, Many State veterans have fought and served, exhibiting great acts of selflessness and gallantry while in harm's way, while still others have made the ultimate sacrifice of their lives in order to preserve and protect the liberty, tranquility and freedom of this country; and
     Whereas, In view of the great sacrifices endured by State veterans, both living and deceased, and their commitment to duty on behalf of their country and fellow citizens, it is appropriate to bestow the modest gesture, in comparison to such sacrifices and duty, of naming a state landmark as a memorial to their collective memory and spirit; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the West Virginia Division of Highways to name the new bridge crossing the Elk River on State Route 4 South of Gassaway, the "Veterans Memorial Bridge"; and, be it
     Further Resolved, That the Commissioner is requested to have made and be placed, at either end of the bridge, signs identifying the bridge as the "Veterans Memorial Bridge"; 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 Transportation, the Commissioner of the Division of Highways, the County Commission of Braxton County, and the Adjutant General of the military forces of this state.
     Referred to the Committee on Transportation.
     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. 30--Requesting the United States Congress to broaden the eligibility categories of membership in veterans' organizations.
     Whereas, Young American men and women are at the forefront of the war on terror; and
     Whereas, Many Americans have served in the armed services of this country and have been placed in harm's way both in times of peace and in times of war; and
     Whereas, Membership in American veterans' organizations continues to decline as fewer and fewer veterans are eligible for membership in these organizations; and
     Whereas, The contributions made to local communities by members of the American Legion, the Veterans of Foreign Wars and other similar organizations are invaluable and may not be replaced if the eligibility for membership continues to be restricted; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Congress of the United States to broaden the eligibility categories of membership in veterans' organizations; and, be it
     Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the members of West Virginia's delegation in Congress and to the Clerk of the United States House of Representatives and the Clerk of the United States Senate. 
     Referred to the Committee on Military.
     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. 31--Requesting the Joint Committee on Government and Finance to study the use of credit scoring to be used as a factor in determining the amount of a premium charged for issuance of an insurance policy.
     Whereas, Insurance companies currently use credit scoring as a factor in determining the amount of a premium charged for issuance of an insurance policy; and
     Whereas, The credit information obtained for use may be incorrect or incomplete and an unnecessary invasion of privacy; and
     Whereas, Use of this information may unfairly discriminate against low-income and young people, or others with no established credit history; and
     Whereas, This information may be detrimental to an insured's status, insofar as insurance could be inappropriately denied, canceled or nonrenewed due to use of this information; and
     Whereas, An insured's premium may be affected due to use of this information; and
     Whereas, Factual income information is indicative of an insured's ability to pay a premium; credit information in no way reflects the insured's actual risk to the insurer; and
     Whereas, Sound public policy requires that premium rates charged for insurance shall not be excessive, inadequate or unfairly discriminatory; and
     Whereas, The Legislature should be encouraged to specify premium rate development and review in accordance with insurance actuarial best practices and procedures; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study credit scoring to be used as a factor in determining the amount of a premium charged for issuance of an insurance policy; 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 the 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.  
     Referred to the Committee on Rules.
     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. 43--Directing the Joint Committee on Government and Finance to study proper and fitting activities to honor Abraham Lincoln on the occasion of the bicentennial anniversary of his birth.
     Whereas, On February 12, 1809, Abraham Lincoln was born in Hardin County, Kentucky, and rose to the presidency through a legacy of honesty, integrity, intelligence and commitment to the United States; and
     Whereas, Through a legacy of honesty, integrity, intelligence and commitment to the United States, Abraham Lincoln became the 16th president of the United States; and
     Whereas, Abraham Lincoln was the nation's most beloved leader, demonstrating true courage during one of the greatest crisis in the history of this nation, the Civil War; and
     Whereas, With the belief that all men are created equal, Abraham Lincoln signed the Emancipation Proclamation freeing slaves in the United States; and
     Whereas, Abraham Lincoln had a generous heart, with malice toward none and with charity for all; and
     Whereas, On December 31, 1862, President Abraham Lincoln wrote, "I believe the admission of West Virginia into the Union is expedient"; and
     Whereas, On January 20, 1863, the Statehood Bill for West Virginia was approved by President Abraham Lincoln; and
     Whereas, Abraham Lincoln made the ultimate sacrifice for the country he loved, dying from an assassin's bullet on April 15, 1865; and
     Whereas, All West Virginians will benefit from studying the life of Abraham Lincoln, for his life was a model for leadership through honesty, integrity, loyalty and a lifetime of education; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study activities that may be carried out by the State of West Virginia as fitting and proper to honor Abraham Lincoln on the occasion of the bicentennial anniversary of his birth; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, the activities that it considers most fitting and proper to honor Abraham Lincoln on such occasion and the state agency or agencies that it considers most appropriate to carry out such activities, together with drafts of any legislation necessary to effectuate its recommendation; 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.
     Referred to the Committee on Rules.
     The Senate proceeded to the fourth order of business.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Com. Sub. for Senate Bill No. 31, Providing person not guilty of trespassing for hunting with dogs on lands of another.
     And has amended same.
     Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 1, 2004;
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 31) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration and read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page three, section seven, by striking out all of subsection (d) and inserting in lieu thereof a new subsection (d), to read as follows:
     (d) The provisions of subsections (b) and (c) of this section related to criminal penalties and being subject to arrest are inapplicable to a person whose dog, without the person's direction or encouragement, travels onto the fenced, enclosed or posted land of another in pursuit of an animal or wild bird.
     The bill (Com. Sub. for S. B. No. 31), as amended, was then ordered to engrossment and third reading.
     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. 696, Providing counties using nonelectronic voting machines may begin counting absentee ballots at certain time.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 696 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-1A-6 of the code of West Virginia, 1931, as amended; and to amend and reenact §3-3-8 of said code, all relating to election law generally; requiring rulemaking in certain circumstances; providing that counties using voting machines may count absentee ballots at the courthouse on election day; and prohibiting disclosure or posting of results prior to closing of the polls.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Chafin, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 696) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Committee Substitute for Senate Bill No. 696 was then 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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     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. 696) 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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     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. 696) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Senate Bill No. 730, Relating to merger of teachers defined contribution retirement system and teachers retirement system.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 730 (originating in the Committee on Pensions)--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18- 7B-7a; and to amend said code by adding thereto a new article, designated §18-7C-1, §18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8, §18-7C-9, §18-7C-10, §18-7C-11, §18-7C- 12, §18-7C-13 and §18-7C-14, all relating to the merger and consolidation of the teachers defined contribution retirement system and the state teachers retirement system generally; closing the teachers defined contribution retirement system to newly hired personnel; rehires to be in last plan contributed to; setting forth short title; setting forth legislative findings and purpose; providing definitions; providing for merger and consolidation of the teachers defined contribution retirement system and the state teachers retirement system; setting forth dates and time periods; providing for notice to members; providing for education of members; specifying dates and relevant time periods; providing for conversion and transfer of assets from the teachers defined contribution retirement system to the state teachers retirement system; providing for election on the question of merger and consolidation of the teachers defined contribution retirement system and the state teachers retirement system; prior service in state teachers retirement system unaffected; setting forth terms of election and defining valid election; setting forth terms of merger and consolidation of the teachers defined contribution retirement system and the state teachers retirement system; requiring members of defined contribution plan to pay additional amount in order to receive full actuarial credit upon merger; establishing time period for payment and interest; plan loans; loan terms; addressing withdrawals and cash outs; providing for service credit in the state teachers retirement system; providing that provisions of article are void if less than a majority of at least one half of the members of the defined contribution plan vote in favor of the merger; allowing consolidated public retirement board to contract directly for professional services; providing the election is deemed final; addressing qualified domestic relations orders; providing for vesting; setting forth minimum guarantees; providing for due process and right to appeal; and providing for nonseverability.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Evan H. Jenkins,
                               Chair.
     On motion of Senator Jenkins, the bill (Com. Sub. for S. B. No. 730) contained in the foregoing report from the Committee on Pensions was then referred to the Committee on Finance.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     House Concurrent Resolution No. 27, Requesting the Division of Highways to name the bridge crossing the West Fork River at Enterprise the "Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells Memorial Bridge".
     House Concurrent Resolution No. 36, Naming the newly constructed bridge over Dunkard Creek on Route 39 in the western end of Monongalia County the "Robert C. "Bob" Beach Memorial Bridge".
     And,
     House Concurrent Resolution No. 40, Naming the bridge on Route 28 near Romney, Hampshire County, the "John Blue Bridge".
     And reports the same back with the recommendation that they each be adopted.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
     The Senate proceeded to the sixth order of business.
     Senators Love and Rowe offered the following resolution:
     Senate Concurrent Resolution No. 69--Requesting the Joint Committee on Government and Finance study creating a Film Commission to expand the film industry in West Virginia.
     Whereas, The film industry in the United States is a multibillion-dollar industry, with less than 20 percent of its productions filmed in locations generally associated with movie production, such as Hollywood, California. The remaining productions are filmed on locations throughout the United States and around the globe. States such as Maryland, Virginia, North Carolina, Ohio and Pennsylvania bring in millions of dollars per year in revenue from film productions; and
     Whereas, Creating a Film Commission to oversee and attract the film industry to West Virginia could have tremendous impact on the state in terms of economy, jobs, tourism and education; and
     Whereas, Some states which have been successful in generating revenue from the film industry have film commissions to help maintain a competitive edge in recruiting film productions; and
     Whereas, The creation of a Film Commission would assist the present West Virginia Film Office by providing direction in seeking and recruiting production companies to film in West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to study creating a Film Commission to expand the film industry in West Virginia; 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.
Petitions

     Senators Bowman and McKenzie presented a petition from Donald Barnhart 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 Love presented a petition from John Carpenter and twelve Hacker Valley residents, requesting the Legislature designate former Route No. 16/5 in Webster County as a public maintained roadway.
     Referred to the Committee on Transportation.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 34, Designating Cass Scenic Railroad State Park's Shay No. 5 steam locomotive as official state steam locomotive and 2005 "Year of the Shay No. 5".
     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. 58, Requesting State Building Commission rename state office complex in Fairmont "Manchin Office Complex".
     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. 68, Requesting Joint Committee on Government and Finance study grievance boards and administrative law judge systems.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     The Senate proceeded to the eighth order of business.
     Eng. Com. Sub. for Senate Bill No. 28, Exempting certain personal property from levy, forced sale, attachment or execution.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     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. 28) 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. 34, Relating to fraudulent credit card transactions; annual reports.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     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. 34) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 34--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31A-4-46, relating to credit card fraud; limiting liability of a West Virginia merchant for credit card fraud for card-not-present transactions; limiting rates charged; and requiring certain entities to report annually to the attorney general concerning credit card fraud committed against businesses in this state.
     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. 67, Requiring agency, department or board to submit statement of compliance to legislative auditor within certain time.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     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. 67) 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. 119, Enhancing criminal penalties for obtaining money, property and services by false pretenses from persons over certain age.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     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. 119) 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 Com. Sub. for Senate Bill No. 149, Relating generally to department of tax and revenue.
     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, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Minear--1.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 149) 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. 161, Creating Model Health Plan for Uninsurable Individuals Act.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     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. 161) 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. 176, Relating to investments and investment practices of insurance companies.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     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. 176) 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. 229, Expanding counties covered by Route 2 and Interstate 68 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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 229) 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. 260, Allowing design-build board to be reimbursed for certain expenses.
     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, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Chafin--1.
     Absent: None.

     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. 260) 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. 285, Allowing state-chartered banks to organize as limited liability companies in certain cases.
     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, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Minear--1.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 285) 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. 327, Authorizing department of administration to promulgate 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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     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. 327) 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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     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. 327) 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. 415, Relating to disposition of state surplus property.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 415) 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 Com. Sub. for Senate Bill No. 431, Establishing Interstate Insurance Product Regulation Compact.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 431) 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. 460, Relating to regulating surveyors and underground surveyors.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     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. 460) 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. 480, Exempting nonprofit licensed nursing homes from registration under solicitation of charitable funds act.
     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, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Minear--1.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 480) 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. 499, Relating to special hunting permit for resident and nonresident disabled persons.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar.
     Eng. Senate Bill No. 512, Authorizing rules of higher education policy commission.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 512) 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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     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. 512) takes effect from passage.
     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. 516, Establishing eastern panhandle highway 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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     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. 516) 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. 549, Relating to abandoned motor vehicles on private property.
     On third reading, coming up in regular order, was reported by the Clerk.
     On motion of Senator Deem, further consideration of the bill was made a special order of business following an anticipated recess.
     Eng. Com. Sub. for Senate Bill No. 556, Exempting retailers of automobiles and trucks from definition of credit services organizations.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     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. 556) 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. 558, Making misuse of power of attorney or fiduciary relationship crime.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 558) 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. 565, Allowing game proceeds to be transferred between raffle and bingo accounts.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Eng. Com. Sub. for Senate Bill No. 566, Establishing Unborn Victims of Violence Act.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     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. 566) 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. 596, Relating to powers and duties of board of directors of state board of risk and insurance management.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     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. 596) 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. 605, Relating to child fatality review teams.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 605) 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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     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. 605) 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. 638, Authorizing special license plate for Davis & Elkins college.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 638) passed.
     The following amendment to the title of the bill, from the Committee on Transportation, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 638--A Bill to amend and reenact §17A-3-14 of the code of West Virginia, 1931, as amended, relating to authorizing a special license plate commemorating the centennial anniversary of the creation of Davis and Elkins college; and authorizing a special license plate recognizing and honoring breast cancer survivors.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 649, Establishing Environmental Good Samaritan Act.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 649) 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. 663, Prohibiting certain long-term care facilities from soliciting residents for money or assets.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 663) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 663--A Bill to amend and reenact §16-5C- 15 of the code of West Virginia, 1931, as amended; to amend and reenact §16-5D-15 of said code; to amend said code by adding thereto a new section, designated §16-5E-7; and to amend and reenact §16-5N-15 of said code, all relating to protection of the elderly generally; prohibiting certain long-term care and assisted living facilities from soliciting or coercing residents into giving them money or other assets; and establishing penalties.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 673, Providing certain reporting requirements of coal transported on public highways.
     On third reading, coming up in regular order, was reported by the Clerk.
     On motion of Senator Facemyer, further consideration of the bill was made a special order of business following consideration of Engrossed Committee Substitute for Senate Bill No. 549.
     Eng. Senate Bill No. 686, Requiring certain firefighters and security guards be members of national guard.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Eng. Com. Sub. for Senate Bill No. 694, Establishing Fairness in Competitive Bidding Act.
     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, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
     The nays were: Bowman, Edgell, Kessler and McKenzie--4.
     Absent: None.

     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. 694) 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. 713, Expiring funds to unappropriated balance of general revenue from board of risk and insurance management, premium tax savings fund.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 713) 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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     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. 713) 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. 714, Expiring funds to unappropriated balance of general revenue from insurance commission fund.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 714) 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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     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. 714) 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. 715, Expiring funds to unappropriated balance of general revenue from public service commission.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 715) 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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     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. 715) 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. 716, Allowing attorney general to retain additional funding for antitrust enforcement fund.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 716) 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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     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. 716) 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. 717, Terminating agencies following full performance evaluations.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 717) 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. 718, Authorizing board of examiners of psychologists set fees by rule.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Eng. Senate Bill No. 719, Increasing tax on providers of nursing facility services.
     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, Helmick, Hunter, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, White and Tomblin (Mr. President)--29.
     The nays were: Harrison, Jenkins, Smith, Unger and Weeks--5.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 719) 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. 720, Relating to unused state private activity bond volume cap.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 720) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     At the request of Senator Plymale, and by unanimous consent, the Senate returned to the sixth order of business, which agenda includes the making of main motions.
     On motion of Senator Plymale, the Senate requested the return from the House of Delegates of
     Eng. Senate Bill No. 719, Increasing tax on providers of nursing facility services.
     Passed by the Senate in earlier proceedings today,
     The bill still being in the possession of the Senate,
     On motion of Senator Plymale, the Senate reconsidered the vote as to the passage of the bill.
     The vote thereon having been reconsidered,
     The question again being on the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Kessler, Love, McCabe, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, White and Tomblin (Mr. President)--27.
     The nays were: Harrison, Jenkins, McKenzie, Plymale, Smith, Unger and Weeks--7.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 719) 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 again proceeded to the eighth order of business.
     Eng. Senate Bill No. 722, Repealing section prohibiting giving away or selling liquor in buildings where boxing is held.
     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, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, White and Tomblin (Mr. President)--29.
     The nays were: Harrison, Smith, Sprouse, Unger and Weeks--5.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 722) 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. 4286, Repealing the section of the code relating to coverage for alcoholic treatment because it is superseded by another part of the code.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4286) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 4449, Allowing both residents and nonresidents to apply for and obtain a Class Q permit for disabled persons.
     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, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4449) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     The end of today's third reading calendar having been reached, the Senate returned to the consideration of
     Eng. Senate Bill No. 499, Relating to special hunting permit for resident and nonresident disabled persons.
     On third reading, coming up in deferred order, was again reported by the Clerk.
     On motion of Senator Chafin, the bill was recommitted to the Committee on Finance.
     At the request of Senator McCabe, and by unanimous consent, the Senate returned to the sixth order of business, which agenda includes the making of main motions.
     Senator McCabe moved that the Senate request the return from the House of Delegates of
     Eng. Com. Sub. for Senate Bill No. 566, Establishing Unborn Victims of Violence Act.
     Passed by the Senate in earlier proceedings today,
     The question being on the adoption of Senator McCabe's aforestated motion, the same was put and did not prevail.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate recessed until 5 p.m. today.