(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

REGULAR SESSION, 2005

TENTH DAY

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Charleston, W. Va., Friday, February 18, 2005

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

Prayer was offered by Pastor Ken Stockwell, First United Methodist Church, Webster Springs, West Virginia.
Pending the reading of the Journal of Thursday, February 17, 2005,
On motion of Senator White, 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.
The Clerk presented a communication from the Real Estate Appraiser Licensing and Certification Board, submitting its annual report as required by chapter thirty, article thirty-eight, section seven of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Department of Revenue, submitting its annual preliminary statewide aggregate tax revenue projection, in accordance with chapter eleven, article one-c, section five of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Senate proceeded to the fourth order of business.
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. 17, Prohibiting payment of public moneys to certain entities.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 17 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §12-4-17, relating to establishing requirements for receipt of public money by business entities; and penalties.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 126, Relating to educational opportunities for children of certain deceased military.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 126 (originating in the Committee on Military)--A Bill to amend and reenact §18-19-1, §18- 19-2 and §18-19-3 of the Code of West Virginia, 1931, as amended, all relating to including children of deceased members of the armed forces or members of the reserve components called to active duty by the President of the United States for the purpose of entering into armed combat in the educational opportunities appropriation; removing requirement that the children attend a state education or training institution; increasing the age limitation; clarifying eligibility requirements; and increasing the scholarship to up to two thousand dollars per year per child.
With the recommendation that the committee substitute do pass; but under the original triple committee reference first be referred to the Committee on Education; and then to the Committee on Finance.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The bill (Com. Sub. for S. B. No. 126), under the original triple committee reference, was referred to the Committee on Education; and then to the Committee on Finance.
Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 162, Modifying time authority may allocate tax credits under Capital Company Act.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senators Facemyer and Sharpe:
Senate Bill No. 216--A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to providing that the term of imprisonment for malicious assault on certain officers, including police officers, is ten years.
Referred to the Committee on the Judiciary.
By Senators Unger, Kessler, McCabe, Sprouse, Hunter and Foster:
Senate Bill No. 217--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13V-1 and §11-13V-2; and to amend said code by adding thereto a new section, designated §18B-10-7c, all relating generally to incentives for the general education degree.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Unger, Kessler, McCabe, Sprouse, Hunter and Foster:
Senate Bill No. 218--A Bill to amend and reenact §18B-3D-4 of the Code of West Virginia, 1931, as amended, relating to the workforce development initiative generally; and providing that public sector employers may participate in the initiative under certain circumstances.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Unger, Kessler, McCabe, Sprouse, Minard, Jenkins, Hunter and Foster:
Senate Bill No. 219--A Bill to amend and reenact §18C-5-7 of the Code of West Virginia, 1931, as amended, relating to the Higher Education Adult Part-Time Student Grant Program.
Referred to the Committee on Education.
By Senators Unger, Kessler, McCabe, Sprouse, Jenkins, Hunter and Foster:
Senate Bill No. 220--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7-4, relating to the creation of the West Virginia Literacy Council.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Unger, Kessler, McCabe, Sprouse, Minard, Hunter and Foster:
Senate Bill No. 221--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-2B-10, relating generally to the Self-Employment Assistance Act.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Unger, Kessler, McCabe, Sprouse, Minard, Sharpe and Foster:
Senate Bill No. 222--A Bill to amend and reenact §5B-2B-3 of the Code of West Virginia, 1931, as amended, relating to the membership of the West Virginia Workforce Investment Council.
Referred to the Committee on Government Organization.
By Senators Love, White, Unger, Dempsey, Jenkins and Hunter:
Senate Bill No. 223--A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended, relating to the vesting of retirement benefits for those members of the armed forces accumulating nine or more years of credited service who are called from participating employment to compulsory military service or armed conflict and who die or become totally and permanently disabled during, or as a result of, compulsory active service and prior to resumption of participating employment.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Love, Yoder, McKenzie, Hunter, White, Minard and Dempsey:
Senate Bill No. 224--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-9c, relating to making it a crime for released inmates to contact correctional employees; and requiring that inmates be advised of such prohibition upon release.
Referred to the Committee on the Judiciary.
By Senator Facemyer:
Senate Bill No. 225--A Bill to amend and reenact §16-9A-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-5-2 of said code, all relating to granting municipal courts jurisdiction over juveniles who violate laws and ordinances relating to tobacco use.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Yoder, Unger, Foster and Caruth:
Senate Bill No. 226--A Bill to amend and reenact §7-10-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §9-6-9 of said code; to amend said code by adding thereto a new section, designated §9-6-9a; to amend and reenact §48-27-702 of said code; to amend and reenact §49-6A-2 of said code; and to amend said code by adding thereto a new section, designated §49-6A-2a, all relating to requiring cross-reporting among child protective service workers, adult protective service workers, law-enforcement officers and humane officers of suspected child abuse or neglect, suspected abuse or neglect of incapacitated or elderly adults or animal cruelty or inhumane treatment.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Bailey, Bowman, Foster, Hunter, Love, Sharpe, Unger, Minard, Dempsey, Jenkins and Weeks:
Senate Bill No. 227--A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as amended, relating to exempting one motor vehicle owned by a resident of this state on active duty in the United States military from ad valorem taxes for any taxable year the person is in the military.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senators Foster, Jenkins, McCabe, Sprouse, Oliverio, Hunter, Love and Kessler:
Senate Bill No. 228--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-19, relating to a child's right to nurse.
Referred to the Committee on Health and Human Resources.
By Senators Minard, Jenkins and Sharpe:
Senate Bill No. 229--A Bill to repeal §31A-2-11 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31C-1-7 of said code, relating to reports of financial institutions to the Division of Banking; removing the annual deposit and loan reporting requirement for banking institutions; and modifying the annual deposit and loan reporting requirement and its submission date for credit unions.
Referred to the Committee on Banking and Insurance.
By Senators Weeks, Yoder, Bailey, Dempsey, Lanham, Barnes and Jenkins:
Senate Bill No. 230--A Bill to amend and reenact §61-2-29 of the Code of West Virginia, 1931, as amended, relating to creating a new crime of "negligent homicide by a caregiver"; and establishing a penalty and statute of limitations for such crime.
Referred to the Committee on the Judiciary.
By Senators Hunter, Weeks, Yoder, Bailey, Foster, Dempsey, Lanham, White, Barnes, Caruth, Guills and Jenkins:
Senate Bill No. 231--A Bill to amend and reenact §16-22-3 of the Code of West Virginia, 1931, as amended, relating to the expansion of newborn testing to include sickle cell anemia.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Love:
Senate Bill No. 232--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-2a, relating to retention salary increases for Division of Corrections' and Division of Juvenile Services' employees based on years of service.
Referred to the Committee on Finance.
By Senator Harrison:
Senate Bill No. 233--A Bill to amend and reenact §18C-7-1, §18C-7-2, §18C-7-3, §18C-7-4, §18C-7-5, §18C-7-6, §18C-7-7, §18C-7-8 and §18C-7-9 of the Code of West Virginia, 1931, as amended, all relating to changing the PROMISE Scholarship Program to the PROMISE Forgivable Student Loan Program; and establishing deferment and forgiveness conditions.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Love and White:
Senate Bill No. 234--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-1-5b; to amend and reenact §60-4-2, §60-4-3 and §60-4-15; to amend and reenact §60-6-1 and §60-6-2 of said code; and to amend said code by adding thereto a new section, designated §60-6-26, all relating to creating and licensing minidistilleries; allowing the tasting and retail sale of liquor produced by a minidistillery at the licensed premise; and allowing minidistillery advertising off the licensed premises.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Edgell, Bailey, Dempsey, Love, Facemyer and Guills:
Senate Bill No. 235--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-9-7a, relating to the National Animal Identification System; providing rule-making authority; and exempting premises and animal identification data from disclosure.
Referred to the Committee on Agriculture.
Senators McCabe and Foster offered the following resolution:
Senate Concurrent Resolution No. 17--Requesting the Division of Highways name the I-64 bridge in Charleston, known as the Fort Hill Bridge, crossing the Kanawha River, the "Eugene A. Carter Bridge".
Whereas, Eugene A. Carter was born in 1909 in Prudence, Fayette County. At the age of 17, he went to work for the New River Pocahontas Consolidated Coal Company, the same coal company that employed his father; and
Whereas, In 1934, during the Depression, Eugene A. Carter came to Charleston and began working as a driver for a local dairy company. He helped to form the first local Teamsters Union. In 1936, he was elected President of Teamsters Local 175 and served in that capacity until 1974; and
Whereas, In 1945, Eugene A. Carter was elected President of the West Virginia Federation of Labor and served in that capacity until the AFL State Federation and the CIO Industrial Union Council merged to form the West Virginia Labor Federation, AFL-CIO, in 1957; and
Whereas, The leadership and inspiration of Eugene A. Carter helped the AFL and the Teamsters to experience dramatic growth during his tenure. He truly dedicated his life for the betterment of West Virginia workers and serves as an inspiration to labor leaders who have followed him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the I-64 bridge in Charleston, known as the Fort Hill Bridge, crossing the Kanawha River, the "Eugene A. Carter Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Eugene A. Carter Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Senators Prezioso and Minard offered the following resolution:
Senate Concurrent Resolution No. 18--Requesting the Division of Highways name the new bridge on state Route 73, between Fairmont and Boothsville in Marion County, the "Andrew G. and Carmen L. Hauge Bridge".
Whereas, Andrew G. Hauge, a resident of Fairmont, Marion County, and a graduate of Ohio State University, enlisted in the United States Air Force in 1941; and
Whereas, While serving in the 51st Fighter Squadron in India during World War II, Andrew G. Hauge met a nurse named Carmen Larson who was serving in the 20th General Military Hospital and who had previously worked as a surgical nurse at Mayo Clinic. He and Carmen were eventually married. After the war, Andrew G. and Carmen L. Hauge returned to Fairmont, West Virginia, to family- owned property on Route 73 and the family business, Hauge's Florist and Greenhouse in Fairmont; and
Whereas, Andrew G. Hauge was instrumental in establishing the Tri-County Water Association to help provide clean water to the residents along Route 73. He served as a member and President of the Marion County School Board. He also led an effort to form the Grant Public Service District to provide a sewage system for Boothville and the surrounding area; and
Whereas, Andrew G. and Carmen L. Hauge have set an example of the highest ideals of family, community service and commitment to our nation; and
Whereas, It is fitting that the bridge near their home be named in honor of these two outstanding West Virginians; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the new bridge on state Route 73, between Fairmont and Boothsville in Marion County, the "Andrew G. and Carmen L. Hauge Bridge"; and, be it
Further Resolved, That the Division of Highways have made and place signs designating the bridge as the "Andrew G. and Carman L. Hauge Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Senators Prezioso, Fanning, Minard and Sharpe offered the following resolution:
Senate Concurrent Resolution No. 19--Requesting the Division of Highways name the bridge on I-79 at Route 310, at East Grafton Road, the "Anthony Joseph Yanero Memorial Bridge".
Whereas, Anthony Joseph Yanero was born July 20, 1919, the son of the late Felix A. and Stephanie Delligatti Yanero; and
Whereas, Anthony Joseph Yanero, a successful businessman, was co-owner of Valley Distributing in Fairmont; and
Whereas, Anthony Joseph Yanero had a great love of the legislative process in West Virginia and in earlier days was always present during legislative sessions in Charleston. His popularity with legislators was immense and his contributions to the legislative process were momentous; and
Whereas, After many years of contributing to the legislative process as a citizen, Anthony Joseph Yanero was appointed to the West Virginia Senate on January 18, 1985, and served until January, 1987; and
Whereas, Following his service as a distinguished and dedicated member of the West Virginia Senate, the Honorable Anthony Joseph Yanero was appointed to serve as a member of the Citizens Legislative Compensation Commission, a position he held until his passing; and
Whereas, It is fitting that a lasting tribute to the Honorable Anthony Joseph Yanero, who passed away on Friday, October 17, 2003, be established in honor of his service to his community and state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Senate hereby requests the Division of Highways name the bridge on I-79 at Route 310, at East Grafton Road, the "Anthony Joseph Yanero Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Senators Hunter, Weeks, Unger and Dempsey offered the following resolution:
Senate Concurrent Resolution No. 20--Recognizing the importance of increasing funding to the special five-year demonstration professional development school project in order to improve the academic achievement of all children in the State of West Virginia.
Whereas, The citizens of the State of West Virginia realize that well-educated children and families are essential for maintaining safe and economically sound communities; and
Whereas, Low student achievement is associated with increased delinquent behavior, drug use, pregnancy rates, unemployment and adult incarceration rates; and
Whereas, The achievement of all students can be dramatically improved when schools focus on factors within their control, such as the instructional day, curriculum and teaching practices; and
Whereas, Ensuring access for all students to the rigorous curriculum they deserve requires effective teaching strategies that include, but are not limited to, using a variety of instructional approaches, using varied curriculum materials, engaging parent and community involvement and support in the educational process and providing the professional development, support and leadership necessary for an effective school; and
Whereas, Enrolled House Bill No. 4669, passed by the Legislature during the 2004 Regular Session, addresses these policy concerns by mandating the creation of a five-year special demonstration professional development school project to commence with the 2004-2005 school year; and
Whereas, Select Committee E on racial profiling and related minority issues endorses this special demonstration professional development school project after hearing testimony from the project's chief administrator during the 2004 legislative interim session; and
Whereas, No specific funding to implement the mandated special demonstration professional development school project was appropriated for any fiscal year of the project, resulting in an unfunded mandate; and
Whereas, Additional funding is needed in order to fully effectuate the special demonstration professional development school project; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby recognizes the importance of increasing funding to the special five-year demonstration professional development school project in order to improve the academic achievement of all children in the State of West Virginia; and, be it
Further Resolved, That funding for the term of the special demonstration professional development school project is essential to fund the implementation and operation of the special demonstration professional development school project mandated by Enrolled House Bill No. 4669 commencing with the 2004-2005 fiscal year, including a supplemental appropriation for that fiscal year and special budget appropriations for the remaining fiscal years of the mandated special demonstration professional development school project.
Which, under the rules, lies over one day.
Senators Hunter, Weeks, Unger, Jenkins and Foster offered the following resolution:
Senate Concurrent Resolution No. 21--Recognizing the need to increase resources and make other changes essential to the elimination of racial and ethnic health disparities in West Virginia.
Whereas, Racial, ethnic and cultural groups have a disproportionately high rate of disease, disability and death because minorities are less likely than whites to receive health services; and
Whereas, More than twice as many pregnant African-American women than pregnant Caucasian women in West Virginia go without prenatal care within the first trimester of pregnancy; and
Whereas, Within West Virginia, more than twice as many African-Americans than Caucasians die from diabetes and prostate cancer; and
Whereas, Having health insurance coverage does not guarantee receipt of needed medical care among older African-American adults living in West Virginia; and
Whereas, A state should have a diverse health care workforce with providers who know the values, beliefs, traditions and cultures of the patients they serve; and
Whereas, The database inventory of the Bureau for Public Health does not include African-American, Indian or other minority physicians practicing in West Virginia; and
Whereas, Data is essential for policymakers, state agencies and private health care systems to identify minority health disparities, to improve minority health programs and to measure progress in eliminating disparities; and
Whereas, The West Virginia Minority Health Chart Book reporting data on the health of minorities in this state has not been updated since its publication in 1999; and
Whereas, A Minority Health Program Coordinator is employed by the Division of Rural Health, but the Division receives no dedicated state funding for minority health programming and there is no active minority health advisory group nor is there a statewide minority health plan; and
Whereas, A strong state minority health office needs sufficient human and financial resources, a statewide minority health plan, a statewide advisory group and data on health disparities and performance measures to address racial and ethnic health disparities and design strategies to eliminate disparities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby recognizes the need to increase resources and make other changes essential to the elimination of racial and ethnic health disparities in West Virginia; and, be it
Further Resolved, That the West Virginia School of Osteopathic Medicine, the Marshall University School of Medicine, the West Virginia University School of Medicine and other state colleges and universities should strive to produce a diverse health care workforce that mirrors the state population and a workforce that is trained in the cultural and linguistic differences of the minority populations they may serve; and, be it
Further Resolved, That the Bureau for Public Health should collect, analyze and report health data by race and ethnicity at regular intervals not exceeding every two years so that it is available to help determine what programs and strategies are essential to eliminating minority health disparities; and, be it
Further Resolved, That the Bureau for Public Health seek funding from private and public sources for the operation of the Minority Health Program; and, be it
Further Resolved, That Bureau for Public Health should rename its Minority Health Program the Office of Minority Health and establish a statewide minority health advisory council with members from both within and without government which should be charged with preparing a statewide minority health plan; and, be it
Further Resolved, That the Minority Health Program is encouraged to partner with hospitals and other providers, academic institutions and others to take advantage of resources available through those partners.
Which, under the rules, lies over one day.
Senators Hunter, Weeks, Unger, Jenkins and Foster offered the following resolution:
Senate Concurrent Resolution No. 22--Requesting the Joint Committee on Government and Finance study the participation of minority and other disadvantaged small businesses in the process of competing for and obtaining state contracts.
Whereas, During the 2004 Regular Session, the Legislature adopted House Concurrent Resolution No. 25 which recognized, in part, that business ownership among racial and ethnic minorities in this state appears to be proportionately less than minority business ownership nationwide and recommended that the state take steps to encourage minority small business development, including reviewing state procurement policies and practices; and
Whereas, The state has no established program to encourage effective and meaningful participation of African-Americans and other minorities in the process of competing for and awarding state contracts for goods and services; and
Whereas, The West Virginia Department of Transportation is required by federal law to develop and have in place a program to certify "disadvantaged business enterprises" as a means of fostering equal opportunity for small businesses owned and controlled by socially and economically disadvantaged individuals with regard to federally funded Department-assisted contracts in state highway and transit programs; and
Whereas, The federal Small Business Administration has in place programs to encourage participation in the procurement of federal government contracts by small businesses owned and controlled by socially and economically disadvantaged individuals, including racial and ethnic minorities and women; and
Whereas, It appears that the state should have programs similar to those administered by the federal Small Business Administration; and
Whereas, It is in the interest of this state to encourage successful development of small minority-owned businesses; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the participation of minority and other disadvantaged small businesses in the process of competing for and obtaining state contracts; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the feasibility of developing a program similar to the programs operated by the federal Small Business Administration to encourage minority small business participation in competing for and obtaining state contracts; and, be it
Further Resolved, That any study should include, at a minimum, a review of the disadvantaged business programs of the federal Small Business Administration and any other similar programs; a review of how state government contracts are awarded; and consideration of how to develop goals for awards of contracts to disadvantaged businesses and provide for reports on the meeting of such goals by state agencies; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, 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.
The Senate proceeded to the tenth order of business.
Senate Bill No. 213, Continuing Oral Health Program.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 214, Continuing Acupuncture Board.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 215, Continuing Board of Accountancy.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Oliverio, Bowman, Boley, Sprouse, Weeks and Plymale.
Thereafter, at the request of Senator Sprouse, and by unanimous consent, the remarks by Senator Oliverio were ordered printed in the Appendix to the Journal.
At the request of Senator Weeks, unanimous consent being granted, the remarks by Senator Boley were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate adjourned until Monday, February 21, 2005, at 11 a.m.
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