WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

EXTENDED SESSION, 2004

SIXTY-SIXTH DAY

____________

Charleston, W. Va., Friday, March 19, 2004

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

     Prayer was offered by the Honorable Robert H. Plymale, a senator from the fifth district.
     Pending the reading of the Journal of Thursday, March 18, 2004,
     On motion of Senator Boley, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the fourth order of business.
     Senator Rowe, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 19th day of March, 2004, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for H. B. No. 4377), Assessing a penalty on those physicians who fail to pay the special assessment .
                              Respectfully submitted,
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Greg Butcher,
                               Vice Chair, House Committee.
     Senator Bailey then moved that the Senate adjourn until tomorrow, Saturday, March 20, 2004, at 6 p.m.
     The question being on the adoption of Senator Bailey's motion, and on this question, Senator Bailey demanded the yeas and nays.
     The roll being taken, the yeas were: Bailey, Boley, Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Helmick, Jenkins, Love, McCabe, Minard, Minear, Plymale, Prezioso, Ross, Sharpe, Snyder, Unger, White and Tomblin (Mr. President)--22.
     The nays were: Harrison, Hunter, Kessler, McKenzie, Oliverio, Rowe, Sprouse and Weeks--8.
     Absent: Chafin, Deem, Guills and Smith--4.
     So, a majority of those present and voting having voted in the affirmative, the President declared Senator Bailey's motion had prevailed.
     In accordance with the foregoing motion, the Senate adjourned until tomorrow, Saturday, March 20, 2004, at 6 p.m.
__________