WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
FIRST EXTRAORDINARY SESSION, 2005
FOURTH DAY
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Charleston, W. Va., Thursday, January 27, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Jeffrey V. Kessler, a
senator from the second district.
Pending the reading of the Journal of Wednesday, January 26,
2005,
On motion of Senator Prezioso, the Journal was approved and
the further reading thereof dispensed with.
On motion of Senator Love, the special order of business set
for this position on the calendar (consideration of executive
nominations) was postponed and made a special order of business for
tomorrow, Friday, January 28, 2005, at 6 p.m.
The Senate proceeded to the second order of business and the
introduction of guests.
Senator Tomblin (Mr. President) presented a communication from
the Department of Agriculture, submitting its annual Interstate
Pest Control Compact report as required by chapter nineteen, article twelve-b, section one of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 1004, Relating generally to workers'
compensation.
On third reading, coming up in regular order, was reported by
the Clerk.
Senator Sprouse then moved to amend the bill on third reading.
On this question, the yeas were: Barnes, Boley, Caruth, Deem,
Foster, Guills, Harrison, Lanham, McKenzie, Minear, Sprouse, Weeks
and Yoder--13.
The nays were: Bailey, Bowman, Chafin, Dempsey, Edgell,
Facemyer, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
Minard, Oliverio, Plymale, Prezioso, Sharpe, Unger, White and
Tomblin (Mr. President)--21.
Absent: None.
So, two thirds of all the members present and voting not
having voted in the affirmative, the President declared Senator
Sprouse's aforestated motion had not prevailed.
Engrossed Senate Bill No. 1004 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman,
Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, White
and Tomblin (Mr. President)--26.
The nays were: Barnes, Boley, Deem, Guills, Harrison,
Sprouse, Weeks and Yoder--8.
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. 1004) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, January 28, 2005, at 6 p.m.
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