(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
TWENTY-EIGHTH DAY
____________
Charleston, W. Va., Tuesday, March 8, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Tim Pauley, Ministry
Leader, Capitol Ministries of West Virginia, Charleston, West
Virginia.
Pending the reading of the Journal of Monday, March 7, 2005,
On motion of Senator Bailey, 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.
On motion of Senator Chafin, the Senate recessed for five
minutes to permit Tom Flanagan to address the Senate on behalf of
the Governor's Honors Academy and Andrea Null to address the Senate
on behalf of the Governor's School for the Arts.
Upon expiration of the recess, the Senate reconvened.
Thereafter, at the request of Senator Plymale, and by
unanimous consent, the remarks by Tom Flanagan and Andrea Null were
ordered printed in the Appendix to the Journal.
The Senate 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. House Bill No. 2244--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17C-5C-1, §17C-5C-2, §17C-5C-3, §17C-5C-4, §17C-5C-5,
§17C-5C-6, §17C-5C-7, §17C-5C-8, §17C-5C-9 and §17C-5C-10; and to
amend and reenact §60-6-9 of said code, all relating to conforming
the motor vehicle law of this state to the requirements of Section
1405(a) of the federal Transportation Equity Act for the
Twenty-First Century (23 U. S. C. 154), as amended, which requires
states to enact and enforce a law that prohibits the consumption of
an alcoholic beverage or the possession of an open alcoholic
beverage container in the passenger area of a motor vehicle that is
located on a public highway or the right-of-way adjacent to a
public highway.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
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. 2350--A Bill to amend and reenact §18A-3-1
of the Code of West Virginia, 1931, as amended, relating to
conditions for awarding teaching certificates.
Referred to the Committee on Education.
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. 2466--A Bill to amend and
reenact §18-5-32 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §18-14-1 of said code, all relating to
education; eliminating provisions that created unlawful
classifications based on race; deleting an obsolete provision
relating to the cooperative extension service; and deleting other
obsolete provisions relating to college governance.
Referred to the Committee on Education; and then to the
Committee on Finance.
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. 2484--A Bill to amend and reenact §62-12-
23 of the Code of West Virginia, 1931, as amended, relating to
notification of parole hearings; victim's right to be heard; and
adding to the crimes committed by an offender for which the
preparation of a parole hearing notification form and notification
of release on parole is required.
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. 2599--A Bill to amend and reenact §44-5-4 of the Code of West Virginia, 1931, as amended, relating to who may
be accepted as surety on a fiduciary bond.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2005, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2846--A Bill to amend and reenact §30-38-
19 of the Code of West Virginia, 1931, as amended, relating to
continuation of the Real Estate Appraiser Licensing and
Certification Board.
Referred to the Committee on Government Organization.
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. 222, Relating to membership of Workforce
Investment Council.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator White, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 289, Adding definition of "fill material" to
Water Pollution Control Act.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Energy, Industry and Mining; and then
to the Committee on the Judiciary.
Respectfully submitted,
C. Randy White,
Vice Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Energy, Industry and Mining; and then
to the Committee on the Judiciary.
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 330, Authorizing Economic Development Authority
promulgate legislative rule relating to high-growth business
investment tax credit.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
Judiciary.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 353, Authorizing Division of Highways
promulgate legislative rule relating to traffic and safety.
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 the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 354, Authorizing Division of Highways
promulgate legislative rule relating to use of state roads
rights-of-way and adjacent areas.
And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 355, Authorizing Division of Highways
promulgate legislative rule relating to transportation of hazardous
waste upon roads and highways.
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 the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator White, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 374, Authorizing Division of Natural Resources
promulgate legislative rule relating to revocation of hunting and
fishing licenses.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
C. Randy White,
Vice Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Senator White, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 375, Authorizing Division of Natural Resources
promulgate legislative rule relating to commercial sale of
wildlife.
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 the Judiciary.
Respectfully submitted,
C. Randy White,
Vice Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
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. 397, Authorizing Board of Veterinary Medicine
promulgate legislative rule relating to schedule of fees.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original triple committee reference
first be referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary, with an amendment from the Committee on Government
Organization pending.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 404, Relating to restrictions on investments by municipal policemen's and firemen's pension and relief funds.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Pensions pending.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 461, Relating to municipal policemen's and
firemen's pension and relief funds.
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,
Dan Foster,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 41 (originating in the
Committee on Transportation and Infrastructure)--Requesting the
United States Congress provide funding for a double-stack rail
route in West Virginia in an effort to improve West Virginia's
access to affordable rail and truck transportation and requesting
the Joint Committee on Government and Finance study intermodal
transportation in West Virginia.
Whereas, Efficient and affordable intermodal transportation
has emerged as an essential element in international trade; and
Whereas, The highest value commodities moving in international
trade today, short of those extremely high-value items that move
via air freight, move in containers; and
Whereas, The most cost-effective manner to move such
containers is via rail intermodal in a double-stack configuration;
and
Whereas, Most parts of West Virginia are too distant from
existing intermodal routes to provide access for the state's
producers and receivers of products to effectively use the vital
intermodal containerized transportation alternative which isolates
most of West Virginia's commerce from a burgeoning international
trade; and
Whereas, At the request of the Department of Transportation,
Norfolk Southern agreed to collaborate with the Department of
Transportation, the Appalachian Regional Commission and others in exploring remedies that would improve West Virginia's access to
affordable rail-truck intermodal transportation; and
Whereas, The Nick. J. Rahall II Appalachian Transportation
Institute at Marshall University determined in its March 2003 final
report that double-stack rail service would return considerable
economic benefits to West Virginia; and
Whereas, The most efficient surface form of intermodal
transportation for container movement involves "double-stacking"
containers two-high on rail cars; and
Whereas, Currently there are no rail routes in West Virginia
capable of accommodating double-stacked containers, thereby
precluding West Virginia producers' access to double-stack services
and impeding the free flow of double-stacked commerce between West
Virginia and contiguous states; and
Whereas, Such a lack of access to double-stack rail service
for containers places West Virginia producers and receivers of
products and components at a significant competitive disadvantage;
and
Whereas, Providing adequate clearances for double-stacked
movement in West Virginia requires tunnels and other track
structures to be modified; and
Whereas, Clearing a West Virginia routing for the movement of
double-stacked containers would provide significant economic,
environmental and social benefits to the residents of West Virginia
and adjoining states, including thousands of direct and indirect
new jobs in West Virginia; and
Whereas, Providing for a double-stack intermodal route through
West Virginia should be pursued via a partnership that includes
both public and private entities, including the Department of
Transportation, the United States Department of Transportation and
private rail carrier Norfolk Southern; and
Whereas, The rail carrier in question, Norfolk Southern, on
its own volition and in good faith with proponents of double-stack
intermodal transportation in West Virginia and adjoining states,
decided this year to initiate and fund the preliminary engineering
necessary for the tunnel clearance component of the Heartland
Corridor Project; and
Whereas, The Heartland Corridor Project is an intermodal
project designed to provide West Virginia and adjoining states with
a fully cleared double-stacked intermodal corridor from the east
coast to the midwest, including Chicago, and the Heartland
Corridor's improvements are consistent with West Virginia's
interest in improving the free flow of commerce throughout the
United States; and
Whereas, Funding for implementing such a double-stacked route
in West Virginia would be an eligible activity under the proposed
Federal TEA 21 Reauthorization's Program for "Projects of National
and Regional Significance"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the United States
Congress provide funding for a double-stack rail route in West
Virginia in an effort to improve West Virginia's access to affordable rail and truck transportation and requesting the Joint
Committee on Government and Finance study intermodal transportation
in West Virginia; and, be it
Further Resolved, That the United States Congress should
consider that the implementation of this type of intermodal
transportation project would not only greatly benefit the citizens
of West Virginia but would also greatly enhance the free flow of
commerce among all states in the national interest and greatly
benefit the environment, safety and economic development of the
same; and, be it
Further Resolved, That the Heartland Corridor Project and
intermodal transportation facilities should develop and utilize
technology infrastructure to aid in time-sensitive inland
transportation networks; and, be it
Further Resolved, That the Joint Committee on Government and
Finance's study of the intermodal transportation project include
infrastructure development and improvement projects in conjunction
with the intermodal transportation project and the use of West
Virginia labor; 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 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; 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.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 42 (originating in the
Committee on Transportation and Infrastructure)--Urging the United
States Congress provide for a domestic energy policy that ensures
a reliable, adequate and affordable supply of energy, recognizes
the strategic importance of energy to the national economy, causes
development of appropriate energy-related infrastructure, embraces
a concerted national effort to promote greater energy efficiency,
promotes the use of environmentally responsible alternatives to
natural gas for power production and opens promising new areas for
environmentally responsible natural gas production and requesting
the Joint Committee on Government and Finance study the energy
policy in West Virginia.
Whereas, Natural gas is a key raw material to the chemical and
polymer industries and is a basic building block for the majority
of chemical-related products; and
Whereas, The price of natural gas in the United States is the
highest in the industrial world and shows continued volatility; and
Whereas, The volatility of natural gas prices is having a
devastating effect on chemical, plastics, glass, fertilizer,
aluminum and steel producers, as well as metal-treating and
agriculture; and
Whereas, Skyrocketing natural gas prices threaten the
livelihood of thousands of workers who rely directly or indirectly
on the business of chemistry; and
Whereas, Tens of thousands of jobs in the State of West
Virginia are threatened in industries which use natural gas as a
raw material; and
Whereas, The chemical and plastics industries of the United
States now have large trade deficits; and
Whereas, Higher natural gas costs are passed through to
consumers in the form of more expensive food, spiraling home
heating bills and higher prices for many pharmaceuticals and
consumer goods; and
Whereas, The United States is increasingly reliant on natural
gas in our national energy supply, creating a tremendous imbalance
between natural gas supply and demand. According to the Energy
Information Administration, the total natural gas demand is
projected to grow 48 percent over the next 25 years; and
Whereas, The natural gas imbalance cannot be corrected solely
by the importation of natural gas; and
Whereas, The Appalachian Basin, which extends through West
Virginia, may contain more natural gas reserves than those of the
Gulf Coast; and
Whereas, Supporting the development of nontraditional
exploration methods and sources, such as deep wells and the use of
coal-bed methane, will yield increased supplies; and
Whereas, Coal-fired power plants represent an environmentally
sound option for electricity production; and
Whereas, Coal provides more than $3.5 billion of the West
Virginia gross state product; and
Whereas, Coal reserves in West Virginia, estimated at nearly
53 billion tons, can be used responsibly to move the nation forward
toward easing the energy imbalance; and
Whereas, Energy-related infrastructure ensures reliable,
adequate and affordable supplies of energy and economic benefits to
the residents of West Virginia and adjoining states; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States Congress
provide for a domestic energy policy that ensures a reliable,
adequate and affordable supply of energy, recognizes the strategic
importance of energy to the national economy, causes development of
appropriate energy-related infrastructure, embraces a concerted
national effort to promote greater energy efficiency, promotes the use of environmentally responsible alternatives to natural gas for
power production and opens promising new areas for environmentally
responsible natural gas production and requesting the Joint
Committee on Government and Finance study the energy policy in West
Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance's study include infrastructure development for a reliable,
adequate and affordable energy supply; and, be it
Further Resolved, That the Joint Committee on Government and
Finance's study include energy efficiency, the use of
environmentally responsible alternatives to natural gas for power
production and new areas for environmentally responsible natural
gas production; 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; 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.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2495, Repeal the requirement that jails be
inspected by appointees of the Circuit Courts.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 2592, Relating to the
design-build procurement act.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; 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.
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 Unger, Oliverio, Minard and Hunter:
Senate Bill No. 482--A Bill to amend and reenact §15-1B-21 of
the Code of West Virginia, 1931, as amended, relating to tuition
and fees for guard members at institutions of higher education; and
providing for continuation of tuition and fee payments to members
after discharge from military service due to wounds or injuries
received in the line of duty.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Unger, Oliverio, Minard and Yoder:
Senate Bill No. 483--A Bill to amend and reenact §15-2-33 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §15-2A-12 of said code, all relating to removing the cap on
scholarship funds for surviving dependent children of certain
deceased members of the West Virginia State Police.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Unger, White, Prezioso, Sharpe, Dempsey, Foster,
McKenzie, Sprouse, Bowman, Barnes, Caruth, Bailey, Love, Kessler,
Hunter, Yoder, Jenkins and Minard:
Senate Bill No. 484--A Bill to amend and reenact §15-2A-2,
§15-2A-5, §15-2A-6, §15-2A-7, §15-2A-8, §15-2A-9, §15-2A-10,
§15-2A-11, §15-2A-12, §15-2A-13, §15-2A-14 and §15-2A-19 of the
Code of West Virginia, 1931, as amended; and to amend said code by
adding thereto three new sections, designated §15-2A-11a,
§15-2A-11b and §15-2A-21, all relating to the West Virginia State
Police Retirement System; providing definitions for "month of
service" and "years of service"; lowering the normal retirement
age; specifying starting date of annuity; and eliminating any
reduction in the benefit of a State Police officer who is disabled
on the job.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Prezioso and Unger:
Senate Bill No. 485--A Bill to amend and reenact §30-5-2 of
the Code of West Virginia, 1931, as amended, relating to the Board
of Pharmacy powers and duties; empowering the Board of Pharmacy to
grant a waiver or variance of all or part of a rule; and empowering
the Board of Pharmacy to waive rules for up to twelve months for
approved pilot or demonstration projects.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
By Senators Prezioso and Unger:
Senate Bill No. 486--A Bill to amend and reenact §55-7B-2 and
§55-7B-10 of the Code of West Virginia, 1931, as amended, all
relating to medical professional liability generally; including
pharmacists and pharmacies in the definitions of "health care
provider" and "health care facility" respectively; and providing
for retroactive application.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Facemyer and Lanham:
Senate Bill No. 487--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §3-4A-9a, relating to the authorization and use of
ballot-marking accessible voting systems; and setting forth minimum
requirements for ballot-marking accessible voting systems.
Referred to the Committee on the Judiciary.
Petitions
Senator Love presented a petition from Robert D. Phillips and
numerous West Virginia residents, supporting Senate Bill No. 82
(Requiring consent from parent or guardian before abortion on
certain minors; penalty), Engrossed Senate Bill No. 146
(Establishing Unborn Victims of Violence Act), House Bill No. 2112
(Requiring a physician to receive written consent from at least one
parent or legal guardian before an abortion is performed on an
unemancipated minor), House Bill No. 2331 (Unborn Victims of
Violence Act) and House Bill No. 2888 (Requiring that abortion
providers notify the parents of a minor seeking an abortion forty-eight hours before performing the procedure).
Referred to the Committee on Health and Human Resources.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 38, Requesting Joint
Committee on Government and Finance study feasibility of national
park in High Allegheny Region of State.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 39, Petitioning Congress to
allow variance to gross vehicle weight limit of coal trucks for
approximately six miles of Interstate 77 between Marmet and
Chelyan, West Virginia.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Unger, the resolution was referred to the
Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 40, Requesting Joint
Committee on Government and Finance study salaries of
law-enforcement officers of Division of Protective Services
excluding Director and Deputy Director.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Resolution No. 18, Requesting Congress reject plans to
privatize Social Security and repay Social Security Trust Fund.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Hunter, 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 extended discussion,
The question being on the adoption of the resolution (S. R.
No. 18), the same was put and prevailed.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 78, Expanding counties covered by Route
2 and Interstate 68 Authority.
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, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Boley--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. 78) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Bowman,
Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Boley--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. 78) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 411, Extending time for county commission
of Tyler County to meet as levying body.
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, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Boley--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. 411) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Bowman,
Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Boley--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. 411) 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. 452, Continuing Board of Risk and
Insurance Management.
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, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Boley--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. 452) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Bowman,
Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Boley--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. 452) takes effect July 1, 2005.
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.
Com. Sub. for Senate Bill No. 107, Relating to hunting with
dogs on land of another without permission.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 226, Relating to
cross-reporting when abuse or neglect of individuals or animals
suspected; penalties.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 280, Relating to tolling state licensure or
registration requirement for active military.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 347, Authorizing rules of Higher Education
Policy Commission and Council for Community and Technical College
Education.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 401, Relating to institutional
boards of governors at certain community and technical colleges.
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 twelfth order of business.
Remarks were made by Senators Guills, Prezioso and Kessler.
Thereafter, at the request of Senator Kessler, and by
unanimous consent, the remarks by Senator Guills were ordered
printed in the Appendix to the Journal.
At the request of Senator Jenkins, unanimous consent being
granted, the Senate returned to the eleventh order of business and
the introduction of guests.
The Senate again proceeded to the twelfth order of business.
Remarks were made by Senators Deem, Yoder and Helmick.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Boley.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, March 9, 2005, at 11 a.m.
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