(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
TWENTY-SEVENTH DAY
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Charleston, W. Va., Monday, March 7, 2005

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Most Reverend Michael J. Bransfield, Bishop, Roman Catholic Diocese of Wheeling-Charleston, West Virginia.
Pending the reading of the Journal of Friday, March 4, 2005,
On motion of Senator Bowman, 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 Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2471--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §25-1-3c, relating to inmate funds; establishing a financial responsibility program for inmates; requiring wardens to deduct a portion from inmate earnings to be used to satisfy child support payments and legitimate court-ordered financial obligations; providing for administrative fees; and requiring the Division of Corrections to develop policies and procedures for the administration of the program and the maintenance of records.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2476--A Bill to amend and reenact §62-12-19 of the Code of West Virginia, 1931, as amended, relating generally to parole and parole proceedings; providing that certain persons who have been released on parole three times and had their parole revoked are not eligible for further release on parole; and authorizing the Commissioner of the Division of Corrections to issue subpoenas for persons and records necessary to prove a violation of the terms and conditions of a parolee's parole.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2482--A Bill to amend and reenact §62-8-1 of the Code of West Virginia, 1931, as amended, relating to including jails within the context certain criminal acts by incarcerated persons; providing a specific crime for setting fire to a correctional facility or jail; and including the Executive Director of the Regional Jail and Correctional Facility Authority relative to the applicability of the phrase "a person imprisoned or otherwise in custody of" to the statutory provisions.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2483--A Bill to repeal §28-5-26 of the Code of West Virginia, 1931, as amended, relating to escape of convicts and rewards.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Boley, Fanning and Yoder--3.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 2483) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
The nays were: Harrison--1.
Absent: Boley, Fanning and Yoder--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2483) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2495--A Bill to repeal §7-8-3 of the Code of West Virginia, 1931, as amended, relating to inspection of jails.
Senator Chafin requested unanimous consent that the bill be taken up for immediate consideration
Which consent was not granted, Senator Deem objecting.
Senator Chafin then moved that the bill be taken up for immediate consideration.
Following discussion,
At the request of Senator Chafin, and by unanimous consent, his aforestated motion was withdrawn.
The bill (Eng. H. B. No. 2495) was then referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
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. 417, Providing for organization and joint ownership of county and municipal development authorities.
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 Minard and Sharpe:
Senate Bill No. 463-A Bill to amend and reenact §11-3-5 of the Code of West Virginia, 1931, as amended, relating to allowing a supplemental assessment on all personal property when personal property has been omitted from the record books.
Referred to the Committee on Finance.
By Senators Sprouse and Weeks:
Senate Bill No. 464- A Bill to amend and reenact §11-23-6 of the Code of West Virginia, 1931, as amended, relating to the imposition of the business franchise tax.
Referred to the Committee on Finance.
By Senators Sprouse, Yoder, Harrison and Weeks:
Senate Bill No. 465- A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to consumers sales tax on food.
Referred to the Committee on Finance.
By Senator Kessler:
Senate Bill No. 466-A Bill to amend and reenact §29-3-12b of the Code of West Virginia, 1931, as amended, relating to the establishment of fees for services of the State Fire Marshal; granting authority to the Fire Marshal to promulgate rules establishing a schedule of fees, establishing and continuing a special revenue account for the deposit of the fees collected; requiring that expenditures from this account must be made under appropriation by the Legislature; and maintaining the current schedule of fees until a new schedule is promulgated and approved through legislative rule.
Referred to the Committee on Finance.
By Senator Love:
Senate Bill No. 467- A Bill to amend and reenact §15-2D-7 of the Code of West Virginia, 1931, as amended, relating to authorizing the Director of the Division of Protective Services to assess, charge and collect fees from state spending units for services.
Referred to the Committee on Finance.
By Senators Harrison and Boley:
Senate Bill No. 468- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2F-10, relating to hospitals not being required to perform abortions unless the mother's life is in imminent danger.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Harrison:
Senate Bill No. 469- A Bill to amend and reenact §48-2-104 and §48-2-202 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §48-2A-1, §48-2A-2, §48-2A-3, §48-2A-4, §48-2A-5, §48-2A-6, §48-2A-7, §48-2A-8, §48-2A-9 and §48-2A-10, all relating to marriages; establishing covenant marriages; providing for divorce and separation from bed and board in a covenant marriage; and requiring the Attorney General to prepare and publish a pamphlet concerning covenant marriages.
Referred to the Committee on the Judiciary.
By Senators Yoder, Kessler, Barnes, Guills, Foster and Minard:
Senate Bill No. 470-A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C- 14-3, relating to prohibiting use of a handheld cell phone while driving; providing exceptions; providing a penalty for violations; and providing that points may not be assessed against the driver's license for a violation.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Tomblin (Mr. President), Yoder and Plymale:
Senate Bill No. 471- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11- 15-9j, relating generally to consumers sales and service tax liability of homeowners' associations and their members; exempting from tax dues, fees and assessments paid to homeowners' associations by members thereof; providing for taxability and exemption of purchases by homeowners' associations; and defining certain terms.
Referred to the Committee on Finance.
By Senators Harrison and Boley:
Senate Bill No. 472- A Bill to amend and reenact §16-2B-2 of the Code of West Virginia, 1931, as amended, relating to prohibiting family planning centers in West Virginia that receive state funding from discussing abortion or abortion referrals.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Hunter and Minear:
Senate Bill No. 473- A Bill to amend and reenact §61-3A-1 and §61-3A-6 of the Code of West Virginia, 1931, as amended, all relating to the crime of cyber-shoplifting; including in the definition of "shoplifting" customer's repudiation of a card-not- present credit or debit transaction after having taken delivery of merchandise ordered from the merchant; and defining "card-not- present credit or "debit transaction" to mean a credit or debit sale of merchandise by telephone, mail order, internet or other means that does not require the cardholder's signature or physical presentation of the credit or debit card to the merchant.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 474-A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §39A- 4-1, §39A-4-2, §39A-4-3, §39A-4-4 and §39A-4-5, all relating to card-not-present credit or debit transactions; defining terms; requiring merchant's access to terms of credit or debit card issuers' rules and regulations; limiting liability for fees; limiting merchant's liability for fees where credit or debit card issuer fails to assist merchant in investigating fraudulent transactions; limiting merchant's liability for fraudulent credit or debit transactions where bank fails to notify merchant of credit or debit chargeback within specified time; and limiting merchant's liability for card-not-present credit or debit transactions repudiated by customer.
Referred to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 475-A Bill to amend and reenact §18-9A-15 of the Code of West Virginia, 1931, as amended, relating to dedicated funding for counties with both increased enrollment and a net enrollment of one thousand four hundred or fewer students.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Facemyer, Bowman and Barnes:
Senate Bill No. 476-A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to use of red- colored artificial light when hunting coyotes.
Referred to the Committee on Natural Resources.
By Senators White and Yoder:
Senate Bill No. 477-A Bill to amend and reenact §3-4A-9 of the Code of West Virginia, 1931, as amended, relating to requiring a paper copy of a voter's votes when using an electronic voting system to vote; providing that the paper copy can only be used for a random count of precincts or if an election is contested, challenged or disputed; and providing that the Secretary of State may promulgate rules.
Referred to the Committee on the Judiciary.
By Senators Hunter, White, Unger, Kessler, Fanning, Bailey, Dempsey and Love:
Senate Bill No. 478-A Bill to amend and reenact §18-29-3, §18- 29-4, §18-29-5 and §18-29-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-29-10a, all relating to grievance procedures for state educational employees; changing grievance procedures; providing for administrative law judges; and providing for binding arbitration.
Referred to the Committee on Education.
By Senator Hunter:
Senate Bill No. 479- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-7-1a, relating to permitting certain appointed and elected officers and employees of the state to waive their salaries; limiting the applicability of the waiver; setting forth methodology of waiver; and other provisions as to waiver of salary.
Referred to the Committee on the Judiciary.
By Senators Kessler, Hunter, White, Bowman and Edgell:
Senate Bill No. 480-A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A- 1-12; and to amend said code by adding thereto a new section, designated §46A-6F-401a, all relating to requiring certain vendors to use only persons authorized to work in the United States; establishing a customer's right to customer sales or customer service call center information; and providing penalties.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 481-A Bill to amend and reenact §17A-10-3a of the Code of West Virginia, 1931, as amended, relating to exempting antique motor vehicles and motorcycles and classic motor vehicles and motorcycles from registration fees.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
Senators Yoder, McCabe, Bowman, Hunter, Unger, Bailey, White and Foster offered the following resolution:
Senate Concurrent Resolution No. 38--Requesting the Joint Committee on Government and Finance study the feasibility of a national park in the High Allegheny Region of West Virginia.
Whereas, The High Allegheny Region of West Virginia, which comprises portions of the Monongahela National Forest, Blackwater Falls State Park, Seneca Rocks, portions of Canaan Valley and the Blackwater Canyon area, is an important natural, cultural, economic and recreational resource in the state; and
Whereas, The High Allegheny Region of West Virginia has substantial natural areas and habitats which are assets to the people of West Virginia and the nation and provide important amenities for residents and visitors that encourage retirement home development, tourism and other business development that is crucial to the future of the region and the state; and
Whereas, There is a need for consistent, professional and well-funded management of the key natural areas and public lands in the High Allegheny Region of West Virginia in order to conserve and enhance these important assets and to provide for optimal and sustainable economic development of the area; and
Whereas, Economic studies have consistently shown important long-term economic benefits from the creation of national parks to manage important natural areas and protected public lands; and
Whereas, West Virginia, although home to some of the most beautiful areas in the eastern United States, has only four units of the National Park system, by far the lowest in the region; and
Whereas, There is reason to believe that establishment of a High Allegheny national park in West Virginia will have a positive economic impact on the state in the following ways: (1) Increased revenue for county governments in the form of payments from the National Park Service; (2) increased employment from the National Park Service and from the related growth of the tourism, retirement and recreational industries; (3) increased net migration to the area; (4) increased private property values; (5) increased tax revenue for county governments from retirement home ownership; (6) decreased local and state burden on public land infrastructure and management; (7) increased tourism-related spending in local communities; and (8) improved management of key natural areas and protected public lands; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of a national park in the High Allegheny Region of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to determine the benefits and costs of the development of a High Allegheny national park as well as study the economic development potential, job creation potential and tourism value; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to determine the use of lands that could be incorporated in a High Allegheny national park; 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.
Senators McCabe and Foster offered the following resolution:
Senate Concurrent Resolution No. 39- Petitioning the United States Congress allow a variance in the gross vehicle weight limit of approximately six miles of I-77/I-64 between Marmet, Kanawha County, and Chelyan, Kanawha County, to allow 120,000 pounds of gross vehicle weight so that coal trucks may lawfully travel this section of highway.
Whereas, The Legislature has enacted legislation that allows trucks to pass through the town of Chesapeake, Kanawha County, with a gross vehicle weight of 120,000 pounds; and
Whereas, This legislation allows upwards of 400 trucks to pass through Chesapeake daily, creating environmental and safety hazards of dust, speed and close proximity to parked vehicles, children in school zones and on the streets; and
Whereas, Before this legislation was passed increasing the gross vehicle weight limit, all of these trucks consistently had an overweight gross vehicle weight of 160,000 pounds and used I-77/I- 64 between Marmet, Kanawha County, and Chelyan, Kanawha County; and
Whereas, I-77/I-64 weight limits are regulated by the United States Department of Transportation's Federal Highway Administration and not the State of West Virginia; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby petitions the United States Congress allow a variance in the gross vehicle weight limit of approximately six miles of I-77/I-64 between Marmet, Kanawha County, and Chelyan, Kanawha County, to allow 120,000 pounds of gross vehicle weight so that coal trucks may lawfully travel this section of highway; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to West Virginia's congressional delegation.
At the request of Senator McCabe, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
The question being on the adoption of the resolution.
Following discussion,
At the request of Senator McCabe, unanimous consent being granted, further consideration of Senate Concurrent Resolution No. 39 was placed under unfinished business for tomorrow, Tuesday, March 8, 2005.
Senator Love offered the following resolution:
Senate Concurrent Resolution No. 40-- Requesting the Joint Committee on Government and Finance study the salaries of law- enforcement officers of the Division of Protective Services, excluding the salaries of the Director and Deputy Director.
Whereas, The salaries of employees of the Division of Protective Services are not competitive with the salaries of personnel in other similar agencies, including municipal, county, state and federal law-enforcement agencies; and
Whereas, The Division of Protective Services provides excellent training and other support for its officers, but, with a high turnover in personnel, it is unable to retain officers after training as they often leave the Division to work for other law-enforcement agencies which are paying higher salaries; and
Whereas, It is becoming more and more difficult for the Division to find, train and retain employees to meet current and future needs of the agency; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the salaries of law-enforcement officers of the Division of Protective Services, excluding the salaries of the Director and Deputy Director; 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.
Senators Prezioso, Unger, Tomblin (Mr. President), Sprouse, Kessler, Bailey, Hunter, Bowman, Oliverio, Love, McKenzie, Edgell, Guills, Minard, Deem, Boley, Sharpe, Facemyer, Caruth, Harrison, Barnes, Minear, Jenkins, Weeks, Dempsey, Fanning, Helmick, Yoder and Plymale offered the following resolution:
Senate Resolution No. 17--Designating March 7, 2005, as "Respect Life Day".
Whereas, Throughout its history, West Virginia has been a state that champions its families and the values that maintain the preservation of family history; and
Whereas, Lack of respect for life and for the most fragile among us erodes our culture; and
Whereas, Lack of respect for life, especially when coupled with the challenges of poverty, can lead to domestic violence and the breakdown of families; and
Whereas, It is our obligation to choose the highest moral and cultural values; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 7, 2005, as "Respect Life Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of West Virginians for Life, Inc.
At the request of Senator Prezioso, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Sharpe, unanimous consent being granted, returned to the second order of business and the introduction of guests.
The Senate again proceeded to the sixth order of business.
Senators Hunter, Bowman, White, Foster, Fanning, Chafin, Bailey, Helmick, Plymale, Sharpe, Minard, McCabe, Dempsey, Edgell, Unger, Kessler, Prezioso, Jenkins, Love and Tomblin (Mr. President) offered the following resolution:
Senate Resolution No. 18-- Requesting the United States Congress reject plans to privatize Social Security and commit to repaying into the Social Security Trust Fund.
Whereas, Social Security's income protections--guaranteed lifelong benefits, cost-of-living adjustments to guard against inflation, increased benefits for families, greater income replacement for low-income workers and disability and survivor benefits--are the backbone of retirement security and family protection in the United States; and
Whereas, Social Security provides crucial income protection for one in six Americans; and
Whereas, The long-term funding needs of Social Security should be addressed; and
Whereas, One proposal being offered by policymakers is to cut guaranteed benefits and to privatize Social Security by redirecting at least one third of workers' payroll tax contributions from the Social Security Trust Fund into private investment accounts; and
Whereas, Privatization of Social Security will increase the federal deficit by an estimated $2 trillion over the first decade; and
Whereas, Some officials and members of Congress have suggested that the federal government will not pay back funds it has removed over the last 20 years from the Social Security Trust Fund. This inaction denies working families the money they have paid into the Fund which will only lead to further cuts in benefits; and
Whereas, The privatization of Social Security, even for those who do not participate in the private accounts, will cut benefits for our young workers by 30 percent; and
Whereas, Cutting guaranteed benefits will hurt the elderly because Social Security is the only secure source of retirement income for most Americans, providing at least half the income of nearly two thirds of older American households and lifting more than 11 million seniors out of poverty; and
Whereas, Diverting resources from Social Security to fund private accounts will threaten guaranteed survivor and disability benefits; and
Whereas, Privatizing Social Security will burden state and local governments. Cuts in guaranteed benefits will increase demand for public assistance at the very moment growth in the federal deficit, due to privatization, induces the federal government to shift greater responsibilities onto states and localities; and
Whereas, The United States Congress should not hasten drastic changes in the Social Security system that undermine its family income protections, but instead should take the time needed to develop careful and thoughtful reforms that address Social Security's funding needs without reducing benefits or increasing the deficit; therefore, be it
Resolved by the Senate:
That the Senate hereby requests the United States Congress reject plans to privatize Social Security and commit to repaying into the Social Security Trust Fund; and, be it
Further Resolved, That the United States Congress should carefully examine a variety of potential changes that will address Social Security's problems, while ensuring the program will continue to meets its purpose of providing income protection and economic security for American families; and, be it
Further Resolved, That the United States Congress should ensure that any changes adopted strengthen Social Security's family income protection without decreasing guaranteed benefits or increasing the deficit; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of resolution to the Secretary of the United States Senate, the Clerk of the United States House of Representatives and to each member of West Virginia's congressional delegation.
Which, under the rules, lies over one day.
Petitions
Senators Edgell and Kessler presented a petition from Jack Riggs and numerous Marion County residents, requesting the resurfacing of Warriors Fork Road.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 37, Requesting Joint Committee on Government and Finance direct Legislative Oversight Commission on Health and Human Resources Accountability study providing citizens of State with comprehensive, quality and affordable health care.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 19, Eliminating Advisory Board to Secretary of Department of Health and Human Resources and adding Office of Inspector General.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Boley, Fanning and Yoder--3.
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. 19) 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. 78, Expanding counties covered by Route 2 and Interstate 68 Authority.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 411, Extending time for county commission of Tyler County to meet as levying body.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 452, Continuing Board of Risk and Insurance Management.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 107, Relating to hunting with dogs on land of another without permission.
Com. Sub. for Com. Sub. for Senate Bill No. 226, Relating to cross-reporting when abuse or neglect of individuals or animals suspected; penalties.
Senate Bill No. 280, Relating to tolling state licensure or registration requirement for active military.
Senate Bill No. 347, Authorizing rules of Higher Education Policy Commission and Council for Community and Technical College Education.
And,
Com. Sub. for Senate Bill No. 401, Relating to institutional boards of governors at certain community and technical colleges.
At the request of Senator Jenkins, and by unanimous consent, the Senate returned to the sixth order of business.
Petitions
Senator Jenkins presented a petition from Thomas D. Miller and twenty-seven Cabell County residents, supporting Senate Bill No. 236 (Requiring training in Alzheimer's disease in certain health care facilities) and House Bill No. 2649 (Requiring basic training in Alzheimer's and dementia in certain health care facilities).
Referred to the Committee on Health and Human Resources.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Barnes, Minear, Sprouse and McCabe.
Thereafter, at the request of Senator Sprouse, and by unanimous consent, the remarks by Senators Barnes and Minear were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Boley, Fanning and Yoder.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, March 8, 2005, at 11 a.m.
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