sdj-50th day II

     Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, unanimous consent being granted, returned to the second order of business and the introduction of guests.
     The Senate again proceeded to the eighth order of business.
     Eng. Senate Bill No. 636, Relating to employment of members of teachers defined benefit retirement system.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: Hunter--1.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 636) 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. 637, Relating to termination of tenancy of factory-built home site; other provisions.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 637) 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. 645, Appointing interim judges to court of claims.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 645) 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 McKenzie, 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 McKenzie, the Senate requested the return from the House of Delegates of
     Eng. Senate Bill No. 636, Relating to employment of members of teachers defined benefit retirement system.
     Passed by the Senate in earlier proceedings today,
     The bill still being in the possession of the Senate,
     On motion of Senator McKenzie, 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: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 636) 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. 651, Precluding use of privately retained prosecutors or assistant prosecutors.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 651) passed.
     On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 651--A Bill to amend and reenact §7-7-8 of the code of West Virginia, 1931, as amended, relating to the appointment and election of public officers generally; and precluding the use of a privately retained attorney to prosecute or assist in the prosecution of a criminal case.
     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. 653, Providing that certain judges not required to contribute to retirement system.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: Harrison and Smith--2.
     Absent: Bailey--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. 653) 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. 671, Clarifying appeal bond procedures relating to master tobacco settlement.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 671) 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. 672, Relating to municipalities' right to collect public utility fees.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 672) 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. 675, Relating to outdoor advertising revenues.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 675) 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. 678, Providing reduced tax rate applies to certain underground mines.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 678) 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. 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, further consideration of the bill was deferred until the conclusion of bills on today's second reading calendar, following consideration of Engrossed Committee Substitute for Senate Bill No. 565, already placed in that position.
     Eng. Senate Bill No. 697, Delegating motor carrier inspector duties to weight enforcement officers.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 697) 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. 701, Authorizing certain taxes imposed by municipalities.
     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: Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Plymale, Prezioso, Ross, Sharpe, Snyder, Unger, White and Tomblin (Mr. President)--22.
     The nays were: Boley, Deem, Guills, Harrison, McKenzie, Minear, Oliverio, Rowe, Smith, Sprouse and Weeks--11.
     Absent: Bailey--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 Com. Sub. for S. B. No. 701) 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. 704, Relating to public defender 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: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: Oliverio--1.
     Absent: Bailey--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. 704) 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. 705, Removing personal use exception for criminal offense of manufacturing controlled substance.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 705) 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. 709, Providing additional internal controls and procedures for purchasing card program; other provisions.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 709) 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 read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 718) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 718) 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. 721, Relating to centers for economic development and technology advancement.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 721) 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. 724, Transferring authority to propose rules relating to water quality standards to department of environmental protection.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Deem, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder and Tomblin (Mr. President)--21.
     The nays were: Caldwell, Chafin, Dempsey, Hunter, Love, McCabe, Rowe, Smith, Sprouse, Unger, Weeks and White--12.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 724) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Sprouse, Weeks and Tomblin (Mr. President)--28.
     The nays were: Hunter, Rowe, Smith, Unger and White--5.
     Absent: Bailey--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 724) 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. 726, Continuing steel advisory commission and steel futures program.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 726) 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. 727, Relating to reforming, altering and modifying Hampshire county 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: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 727) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 727) 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. 728, Adding definition of fill material to water pollution control 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: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: Hunter--1.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 728) 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. 731, Relating to promulgation of rules by department of administration for compliance standards for state leased 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: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 731) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the ninth order of business.
     Senate Bill No. 135, Creating sales tax holiday for back-to-school purchases.
     On second reading, coming up in regular order, was read a second time.
     On motions of Senators Sprouse, Harrison and Weeks, the following amendment to the bill was reported by the Clerk:
     On page three, after section nine-g, by inserting a new section, designated section nine-h, to read as follows:

§11-15-9h. Exemption for sales of food and food products for off- premises consumption.

     Sales of food and food products sold for human consumption off the premises where sold shall be exempt from consumers sales tax according to the following schedule:
     (a) On and after the first day of January, two thousand five, the consumers sales tax on food and food products sold for human consumption off the premises where sold shall be reduced to five and one-half percent;
     (b) On and after the first day of January, two thousand six, the consumers sales tax on food and food products sold for human consumption off the premises where sold shall be reduced to five percent;
     (c) On and after the first day of January, two thousand seven, the consumers sales tax on food and food products sold for human consumption off the premises where sold shall be reduced to four and one-half percent;
     (d) On and after the first day of January, two thousand eight, the consumers sales tax on food and food products sold for human consumption off the premises where sold shall be reduced to four percent;
     (e) On and after the first day of January, two thousand nine, the consumers sales tax on food and food products sold for human consumption off the premises where sold shall be reduced to three and one-half percent;
     (f) On and after the first day of January, two thousand ten, the consumers sales tax on food and food products sold for human consumption off the premises where sold shall be reduced to three percent;
     (g) On and after the first day of January, two thousand eleven, the consumers sales tax on food and food products sold for human consumption off the premises where sold shall be reduced to two and one-half percent;
     (h) On and after the first day of January, two thousand twelve, the consumers sales tax on food and food products sold for human consumption off the premises where sold shall be reduced to two percent;
     (i) On and after the first day of January, two thousand thirteen, the consumers sales tax on food and food products sold for human consumption off the premises where sold shall be reduced to one and one-half percent;
     (j) On and after the first day of January, two thousand fourteen, the consumers sales tax on food and food products sold for human consumption off the premises where sold shall be reduced to one percent;
     (k) On and after the first day of January, two thousand fifteen, the consumers sales tax on food and food products sold for human consumption off the premises where sold shall be reduced to one-half percent;
     (l) On and after the first day of January, two thousand sixteen, the consumers sales tax on food and food products sold for human consumption off the premises where sold shall be eliminated and food and food products sold for human consumption off the premises where sold shall be exempt from taxation under this article.
     The question being on the adoption of the amendment offered by Senators Sprouse, Harrison and Weeks to the bill (S. B. No. 135), and on this question, Senator Sprouse demanded the yeas and nays.
     The roll being taken, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of those present and voting having voted in the affirmative, the President declared the amendment offered by Senators Sprouse, Harrison and Weeks to bill (S. B. No. 135) adopted.
     On motion of Senator Sprouse, the following amendment to the bill was next reported by the Clerk and adopted:
     On page one, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
     That §11-15-9g of the code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §11-15-9h, all to read as follows:.
     The bill (S. B. No. 135), as amended, was then ordered to engrossment and third reading.
     At the request of Senator Facemyer, and by unanimous consent, Senator Facemyer addressed the Senate regarding the referral of Engrossed Senate Bill No. 186 (Authorizing sale of venison in restaurants) to the Committee on Natural Resources in earlier proceedings today.
     The Senate then resumed consideration of its second reading calendar, the next bill coming up in numerical sequence being
     Com. Sub. for Senate Bill No. 197, Relating generally to distribution of net terminal income of racetrack video lottery terminals.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third 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: 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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: Smith--1.
     Absent: Bailey--1.
     Engrossed Committee Substitute Senate Bill No. 197 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--30.
     The nays were: Rowe, Smith and Weeks--3.
     Absent: Bailey--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. 197) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Com. Sub. for Senate Bill No. 204, Relating to strategic research and development tax credit.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third 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: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 204 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 204) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2004.
     On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 204) takes effect July 1, 2004.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Bill No. 688, Relating to amount of wages election official can receive in calendar year.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third 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: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     Engrossed Senate Bill No. 688 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 688) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 688) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Sprouse requested unanimous consent to return to the consideration of
     Eng. Senate Bill No. 135, Exempting certain purchases of back-to-school clothing and school supplies from consumers sales tax.
     Having been read a second time, amended and ordered to engrossment and third reading in earlier proceedings today.
     Which consent was not granted, Senator Chafin objecting.
     Senator Sprouse then moved that the Senate return to the consideration of
     Eng. Senate Bill No. 135, Exempting certain purchases of back-to-school clothing and school supplies from consumers sales tax.
     The question being on the adoption of Senator Sprouse's aforestated motion, the same was put and did not prevail.
     At the request of Senator Sprouse, and by unanimous consent, Senator Sprouse addressed the Senate urging the suspension of the constitutional rule requiring a bill to be read on three separate days as to Engrossed Senate Bill No. 135.
     At the request of Senator Chafin, unanimous consent being granted, Senator Chafin addressed the Senate regarding the amendment offered by Senators Sprouse, Harrison and Weeks to Engrossed Senate Bill No. 135.
     The Senate then resumed consideration of its second reading calendar, the next bill coming up in numerical sequence being
     Com. Sub. for Senate Bill No. 723, Creating Animal Health Safety Control Act.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     At the request of Senator Sprouse, and by unanimous consent, Senator Sprouse addressed the Senate regarding the adoption of the amendment offered by Senators Sprouse, Harrison and Weeks to Engrossed Senate Bill No. 135 and urging the suspension of the constitutional rule requiring a bill to be read on three separate days.
     Senator Sprouse then moved that the Senate reconsider its action by which in prior proceedings today it rejected Senator Sprouse's motion to return to the consideration of Engrossed Senate Bill No. 135.
     Following points of inquiry to the President, with resultant responses thereto,
     The question being on the adoption of Senator Sprouse's reconsideration motion, and on this question, Senator Rowe demanded the yeas and nays.
     To which demand, Senator Chafin objected.
     Thereafter, Senator Rowe's demand for a roll call was sustained.
     The roll being taken, the yeas were: Boley, Deem, Facemyer, Guills, Harrison, McKenzie, Minear, Rowe, Smith, Sprouse and Weeks--11.
     The nays were: Bowman, Caldwell, Chafin, Dempsey, Edgell, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Unger, White and Tomblin (Mr. President)--22.
     Absent: Bailey--1.
     So, a majority of those present and voting not having voted in the affirmative, the President declared Senator Sprouse's reconsideration motion had not prevailed.
     The Senate then resumed consideration of its second reading calendar, the next bill coming up in numerical sequence being
     Eng. House Bill No. 4107, Allowing licensees of charitable bingo and raffle games to transfer game proceeds between their bingo and raffle operations.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Helmick, the following amendment to the bill was reported by the Clerk and adopted:
     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for Senate Bill No. 565.
     The bill (Eng. H. B. No. 4107), as amended, was then ordered to third reading.
     Eng. House Bill No. 4560, Requiring that firefighters and security guards employed by the adjutant general of the national guard be members of the national guard.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     The end of today's second reading calendar having been reached, the Senate returned to the consideration of
     Eng. Com. Sub. for Senate Bill No. 565, Allowing game proceeds to be transferred between raffle and bingo accounts.
     Having been amended in earlier proceedings today, and now 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.
     Action as to Engrossed Committee Substitute for Senate Bill No. 565 having been concluded, the Senate proceeded to the consideration of
     Eng. Senate Bill No. 686, Requiring certain firefighters and security guards be members of national guard.
     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 Military.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
     Senator Rowe, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 3rd day of March, 2004, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (S. B. No. 524), Relating to council for community and technical college education and PROMISE scholarship board of control.
     (H. B. No. 4011), Bringing the West Virginia personal income tax act into conformity with the federal income tax.
     (Com. Sub. for H. B. No. 4022), Creating "The All-Terrain Vehicle Safety Regulation Act".
     (H. B. No. 4132), Relating to the West Virginia guaranteed work force program.
     And,
     (H. B. No. 4308), Providing immunity from civil damages to workers 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.
                              Respectfully submitted,
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Sharon Spencer,
                               Chair, House Committee.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Com. Sub. for Senate Bill No. 322 (originating in the Committee on Economic Development), Relating to public energy authority.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Com. Sub. for Senate Bill No. 322 (originating in the Committee on Finance)--A Bill to amend and reenact §4-10-5 of the code of West Virginia, 1931, as amended; and to amend and reenact §5D-1-2, §5D-1-3, §5D-1-4, §5D-1-5, §5D-1-5b, §5D-1-6, §5D- 1-12, §5D-1-14, §5D-1-15 and §5D-1-16 of said code, all relating to the public energy authority; changing the termination of the authority and authority board to the first day of July, two thousand eight; reconstituting the authority under the development office for the sole purpose of construction, maintenance and operation of flood mitigation dams with hydroelectric power generation facilities, electric transmission lines integral to such generation facilities, reservoirs and water impoundments formed by such dams and lands bordering on such reservoirs and impoundments; establishing legislative purpose and intent; providing definitions; establishing powers, duties and responsibilities of the authority; requiring public hearings before certain actions of the authority; authorizing the authority to construct, finance, lease, sale, maintain, repair and otherwise undertake projects; authorizing the sale of electricity from projects solely in the wholesale market; exempting from taxation projects owned by the authority; acquisition of property by the authority; and providing that the authority is not a public utility and is not subject to the jurisdiction of the public service commission.
     With the recommendation that the committee substitute for committee substitute do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 322) contained in the preceding report from the Committee on Finance 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: Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Unger, White and Tomblin (Mr. President)--27.
     The nays were: Boley, Guills, Harrison, Smith, Sprouse and Weeks--6.
     Absent: Bailey--1.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 322 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: 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, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--30.
     The nays were: Boley, Smith and Weeks--3.
     Absent: Bailey--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 Com. Sub. for S. B. No. 322) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Com. Sub. for Senate Bill No. 484, Requiring motor vehicle license plates contain yellow outline of state.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 484) contained in the preceding report from the Committee on Finance 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: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Unger, White and Tomblin (Mr. President)--28.
     The nays were: Guills, Harrison, Smith, Sprouse and Weeks--5.
     Absent: Bailey--1.
     The bill (Com. Sub. for S. B. No. 484) was then read a second time.
     The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
     On page two, section fourteen, line eleven, after the word "plate" by changing the semicolon to a colon and inserting the following: "Provided, That";
     And,
     On page two, section fourteen, line twelve, by striking out the word "license" and inserting in lieu thereof the word "registration".
     The bill (Com. Sub. for S. B. No. 484), as amended, was ordered to engrossment and third reading.
     Engrossed Committee Substitute for Senate Bill No. 484 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Unger, Weeks, White and Tomblin (Mr. President)--30.
     The nays were: Harrison, Smith and Sprouse--3.
     Absent: Bailey--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. 484) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2004.
     On this question, the yeas were: 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, Unger, Weeks, White and Tomblin (Mr. President)--30.
     The nays were: Harrison, Smith and Sprouse--3.
     Absent: Bailey--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 484) takes effect July 1, 2004.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 700, Requiring state agencies make timely payments for telephone services and other commodities.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 700 (originating in the Committee on Finance)--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A- 7-4a, relating to requiring all spending units make timely payments on invoices for telecommunications services; specifying when an invoice is determined to be received; requiring spending units to budget the costs of their telecommunications services; establishing a special revenue fund under the custody of the state treasurer for the purpose of making payments for telecommunications services and providing for payments in and out of the special fund; empowering the information services and communications division to discontinue telecommunications services to any spending unit or units which fail to comply with the requirements of this section; creating a dispute resolution procedure; empowering the secretary of administration to resolve disputes; authorizing legislative rules for the imposition of reasonable handling fees by the information services and communications division to spending units in order to recover the information services and communications division's cost of administration under this section; prohibiting the encumbrance of expenditure of funds for the salary of the head of spending units until the secretary of administration determines that payments or transfers are being made on a timely basis; and authorizing further legislative rules in order to effectuate the purpose of achieving timely and efficient payment for telecommunications services.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 700) contained in the preceding report from the Committee on Finance 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: Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--30.
     The nays were: Deem, Smith and Weeks--3.
     Absent: Bailey--1.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Committee Substitute for Senate Bill No. 700 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 700) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 700) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 733 (originating in the Committee on Government Organization)--A Bill to amend and reenact §24D-1-18, §24D-1-22 and §24D-1-25 of the code of West Virginia, 1931, as amended, all relating to the cable television systems act; eliminating the complaint process to the public service commission; and eliminating the twelve-cent annual fee.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (S. B. No. 733) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Chafin moved that the constitutional rule requiring a bill to be read on three separate days be suspended.
     The roll being taken, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Unger, White and Tomblin (Mr. President)--26.
     The nays were: Guills, Harrison, Kessler, Rowe, Smith, Sprouse and Weeks--7.
     Absent: Bailey--1.
     So, less than four fifths of the members present and voting having voted in the affirmative, the President declared the motion to suspend the constitutional rule rejected.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senators Oliverio and Smith.
     Thereafter, at the request of Senator Weeks, and by unanimous consent, the remarks by Senator Oliverio were ordered printed in the Appendix to the Journal.
     At the request of Senator Rowe, unanimous consent being granted, the Senate returned to the sixth order of business, which agenda includes the making of main motions.
     Senator Rowe moved that the Senate reconsider the vote by which in earlier proceedings today it rejected Senator Chafin's motion to suspend the constitutional rule requiring a bill to be read on three separate days, as to
     Senate Bill No. 733, Relating to cable television and public service commission.
     The question being on the adoption of Senator Rowe's reconsideration motion, the same was put.
     The result of the voice vote being inconclusive, Senator Bowman demanded a division of the vote.
     A standing vote being taken, there were twenty-two "yeas" and seven "nays".
     Whereupon, the President declared Senator Rowe's reconsideration motion had prevailed.
     The question again being on the adoption of Senator Chafin's motion to suspend the constitutional rule requiring a bill to be read on three separate days.
     The roll being taken, the yeas were: Boley, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Unger and Tomblin (Mr. President)--25.
     The nays were: Guills, Harrison, Minear, Smith, Sprouse and Weeks--6.
     Absent: Bailey, Caldwell and White--3.
     So, less than four fifths of the members present and voting having voted in the affirmative, the President declared the motion to suspend the constitutional rule rejected.
     The Senate again proceeded to the twelfth order of business.
     Remarks were made by Senator Hunter.
     Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, March 4, 2004, at 11 a.m.
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