(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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