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

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

REGULAR SESSION, 2005

FORTY-SECOND DAY

____________

Charleston, W. Va., Tuesday, March 22, 2005

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

Prayer was offered by the Reverend Tom Clark, Director, West Virginia United Methodist Volunteers in Mission, Summersville, West Virginia.
Pending the reading of the Journal of Monday, March 21, 2005,
On motion of Senator Kessler, 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, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2783--A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-10B-10, relating to vocational rehabilitation facilities; authorizing rental of vocational rehabilitation facilities by school groups or other youth or civic organizations; and providing that rental revenue be used to defray the cost, maintenance and replacement of recreational equipment and facilities.
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.
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. 2837--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-7c, relating to prescribing personal finance instruction in secondary schools by the State Board of Education.
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. Com. Sub. for House Bill No. 2936--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-4C-1, §30-4C-2, §30-4C-3, §30-4C-4 and §30- 4C-5, all relating to the regulation of advertising by dentists.
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. 3018--A Bill to amend and reenact §15-1B- 24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-2-6 of said code, all relating to designation of Mountaineer Challenge Academy as special alternative education program; providing for state board rule and minimum provisions; application limited to Academy consent; making additional findings and stating intent; making applicable references; and updating terms.
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 adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 38--Requesting the executive department to establish a coordinated succession planning process which includes components providing opportunities to correct the existing systemwide gender pay disparity among state employees.
Whereas, The Pay Equity Study of West Virginia State Employees commissioned by the Legislature and concluded in February, 2000, determined that there was a significant pattern of inequitable pay
for female job classes within state government; and
Whereas, Over the past three years, the Legislature has appropriated $700,000 which, in conjunction with federal matching funds, has resulted in $1.7 million in gender pay equity salary increases; and
Whereas, The Division of Personnel, at the request of the Equal Pay Commission, reevaluated the Pay Equity Study using current salaries, tenure, job classifications and turnover rates and concluded that while some progress has been made, the state still has a way to go; and
Whereas, A systemwide gender pay disparity may be corrected by salary adjustment, by moving women into higher paying positions or a combination of both; and
Whereas, A 2002 study by the West Virginia University Institute for Public Affairs found that women state employees are concentrated in lower-paid, lower echelon positions across state government agencies and that women's employment is concentrated in agencies which provide services and funding for children and the poor which traditionally pay less than other agencies and women are largely under-represented in administrative and managerial positions; and
Whereas, Currently, the top half of the state's workforce is devoid of female-dominated positions and women are largely under-represented in administrative and managerial positions; and
Whereas, Within the next 10 years, over 42 percent of state employees will retire or will qualify to retire, many in professional and management positions; and
Whereas, The magnitude of upcoming state employee retirements will result in the loss of significant institutional knowledge and may result in certain agencies experiencing employee shortages especially in currently difficult-to-fill positions; and
Whereas, The retirement of state employees also presents a unique opportunity to address gender pay disparity; and
Whereas, The Equal Pay Commission has found that the level of knowledge and planning for the upcoming retirements of state employees varies significantly among executive agencies; therefore, be it
Resolved by the Legislature of West Virginia:
That the executive department is requested to establish a coordinated succession planning process which includes components providing opportunities to correct the existing systemwide gender pay disparity among state employees; and, be it
Further Resolved, That the Equal Pay Commission be provided with reports of all succession planning activities; and, be it
Further Resolved, That a copy of this resolution be transmitted to the Director of the Division of Personnel.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 43--Requesting the State of West Virginia and the United States federal government to fully recognize that the counties of Berkeley and Jefferson in the State of West Virginia are part of the beautiful and historic Shenandoah Valley.
Whereas, The State of West Virginia was part of the State of Virginia until June 20, 1863, and the counties of Berkeley and Jefferson were not officially added into the new state until 1872 upon the ruling of the United States Supreme Court. This ruling split the Shenandoah Valley into two sections, with the two counties just mentioned being now part of West Virginia and part of a political arm called the "Eastern Panhandle"; and
Whereas, The geographical landscape of the Shenandoah Valley is as follows: Beginning at the Potomac River that forms the northern boundary along Berkeley and Jefferson counties and continuing southwestward to the southern boundary near the city of Roanoke, Virginia. The Valley is flanked to the east by the Blue Ridge Mountains (in eastern Jefferson County, West Virginia) and to the west by the Allegheny Mountains (in western Berkeley County, West Virginia). The Shenandoah River flows northward and empties into the Potomac River at Harper's Ferry, West Virginia. To break down the Valley into two parts: The Upper Shenandoah Valley is located southward because of a high elevation and the Lower Shenandoah Valley is located northward because of a low elevation; and
Whereas, The historical landscape of Berkeley and Jefferson counties is a storybook land full of famous patriots and people, wars and great events that made it into the history books. Both counties are rich in legend and lore. This is where the Great Wagon Road (later called the Valley Turnpike) provided travel for Indians, the earliest pioneers and Revolutionary and Civil War soldiers. The entire Valley was known as the "Breadbasket of the Confederacy" because of its richness in fertile soils that sustain life for farms and orchards. The following is a brief look at the history of the counties of Berkeley and Jefferson: From George Washington and Thomas Jefferson to Morgan Morgan, from Revolutionary War Generals William Darke, Horatio Gates, Charles Lee, Daniel Morgan and General Adam Stephen to the famous Bee Line March and the oldest continuous 1735 United States Military Unit still in existence; and
Whereas, From the birthplace of United States President Andrew Jackson and the marriage of United States President James and Dolly Madison to Davy Crockett who worked on a local farm to James Rumsey, inventor of the steamboat. From John Brown and Robert E. Lee, "Stonewall" Jackson and J. E. B. Stuart, Turner Ashby and the Gray Ghost and Confederate Spy, Belle Boyd, to the Battle of Falling Waters--the first engagement in the Shenandoah Valley and first cavalry action of the Civil War. From the 1862 Battle of Harpers Ferry to the Jackson Valley Campaign to Philip Sheridan's successful Union Valley Campaign. From David Hunter and David Hunter Strother (Pen name "Porte Crayon") to Martin Robinson Delaney, the highest ranking black officer in the Civil War. From the B & O roundhouses (landmarks in 20th century industrial architecture that replaced buildings destroyed in a famous Civil War raid by Jackson) to the first rural free delivery in America (begun by United States Postmaster General William L. Wilson, a son of Jefferson County) and Washington Family homes to the birth of Harry Flood Byrd, Senator and Governor of Virginia, from baseball player Hack Wilson and WWI Secretary of the War Newton D. Baker to the Legend of Wizard Clip and famous western artist William Robinson Leigh, a Berkeley County native. From the city of Martinsburg, "Northern Gateway to the Shenandoah Valley" and at one time known as "Queen City", to the famous Apple Pie Ridge and the first Apple Carnival Event held in 1909. From Apple Blossom to Apple Harvest . . . . This is the "Cradle of America"; therefore, be it
Resolved by the Legislature of West Virginia:
That in 1996 the United States Congress established the "Shenandoah Valley Battlefields National Historic District and Commission" and Berkeley and Jefferson Counties, West Virginia, were not included to be a part of the program or to obtain any funds; and, be it
Further Resolved, That Berkeley and Jefferson counties, West Virginia, should be eligible to become part of the "Shenandoah Valley Battlefields National Historic District and Commission" and be eligible for any other federal programs that are available for the Shenandoah Valley; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the President of the United States; to West Virginia's delegation in Congress; to the Governor of West Virginia; to the mayors and city councils of Bolivar, Charles Town, Harpers Ferry, Hedgesville, Martinsburg, Ranson and Shepherdstown; and to the county commissioners of Berkeley and Jefferson counties, West Virginia.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 44--Requesting that the Joint Committee on Government and Finance study alternatives to out-of- state placement of children committed to the care of the State of West Virginia.
Whereas, The children placed in the care of the State of West Virginia are an important responsibility of state government; and
Whereas, The treatment, care, rehabilitation and education of such children should be delivered in a clinically successful and cost-effective manner; and
Whereas, Hundreds of children in the care of the State of West Virginia are placed in out-of-state institutions and programs that often prove costly; and
Whereas, The current annual cost of out-of-state placement is in excess of twenty million dollars; and
Whereas, The out-of-state placements are frequently a considerable distance from the families, friends, neighbors and communities of the children; and
Whereas, The Legislature has passed numerous acts attempting to reduce the practice of placing children in out-of-state facilities or institutions and to reduce the cost of such placements, but said acts have not had the intended effect; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study the current practices of out-of-state child placement and determine alternatives to such placement and the feasibility of returning those children to the care of the State of West Virginia programs; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to study the current statutes, rules or regulations regarding the placement of children and determine whether they are effective, being properly followed or enforced or if they incorporate the most beneficial strategies, methods and services to serve the children placed in the care of the state, and to compare current practices in this state with successful models in other jurisdictions; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to determine whether current programs in West Virginia place sufficient emphasis on bringing children in the care of the state to permanency by returning them to their custodial families or achieving adoptions; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to also study programs and methodologies designed to reduce the length of stays in child placement programs and achieve definable benchmarks of progress that lead more rapidly to permanent placements; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to determine whether the total amount of state dollars spent on services for children in the care of the state could be spent more effectively and efficiently; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to report on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations, to the next regular session of the Legislature, and, be it
Further Resolved, That the expenses necessary to carry out its duties, to prepare a report and to draft necessary legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on Rules.
The Senate proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 22nd day of March, 2005, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 146), Establishing Unborn Victims of Violence Act.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 455, Relating to financing of environmental control activities by certain electrical utilities.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 455 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-4e; and to amend and reenact §46-9-109 of said code, all relating generally to the financing of environmental control activities by certain qualified electric utilities through the issuance of environmental control bonds.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the sixth order of business.
Senators Oliverio, Hunter, Dempsey, Bowman, McCabe, Sharpe, Boley, Foster, Barnes, Facemyer, Kessler, Minear, Prezioso, Sprouse, Unger and Tomblin (Mr. President) offered the following resolution:
Senate Resolution No. 24--Designating March 22, 2005, as "West Virginia University Day".
Whereas, West Virginia University is the state's flagship institution of higher education and the only such institution in the state classified as Doctoral/Research-Extensive by the Carnegie Foundation; and
Whereas, West Virginia University educates nearly 31,500 students at campus locations in Morgantown, Keyser, Parkersburg, Montgomery and Charleston and offers degrees at the associate, baccalaureate, master's and doctoral levels; and
Whereas, Enrollment at West Virginia University has reached record levels, while grade point averages and standardized test scores of incoming students have simultaneously increased; and
Whereas, Nearly 40 percent of the state's new PROMISE Scholarship recipients chose to attend West Virginia University this academic year; and
Whereas, West Virginia University is the anchor of the state's research capacity, bringing nearly $1 billion into the state over the past 10 years and accounting for nearly 90 percent of the external dollars brought into West Virginia by higher education; and
Whereas, With every dollar the state invests in West Virginia University, the University generates at least $10 spent in the West Virginia economy; and
Whereas, West Virginia University is building a national reputation for research in biometrics, forensics, nanotechnology, neuroscience, biotechnology, alternative fuels, cancer and other fields; and
Whereas, West Virginia University's externally funded research supports approximately 600-800 jobs annually; and
Whereas, West Virginia University Extension Service offices in every county serve more than 130,000 state citizens a year; and
Whereas, West Virginia University health professionals serve more than 250,000 people each year; and
Whereas, West Virginia University's four health sciences schools train hundreds of West Virginians to serve as doctors, dentists, nurses, pharmacists, therapists and health technicians; and
Whereas, West Virginia University alumni number nearly 150,000 around the world; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 22, 2005, as "West Virginia University Day"; and, be it
Further Resolved, That the Senate hereby recognizes West Virginia University for its tremendous contributions to the State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to David C. Hardesty, Jr., President of West Virginia University.
At the request of Senator Chafin, 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 proceeded to the seventh order of business.
Senate Concurrent Resolution No. 59, Requesting Joint Committee on Government and Finance study providing low-cost spay and neuter programs.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 60, Requesting Congress provide funding for double-stack rail route in West Virginia in effort to improve access to affordable rail and truck transportation.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 61, Requesting Joint Committee on Government and Finance study intermodal transportation in state.
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 30, Discontinuing use of prior approval system of insurance rate and form filing; other provisions.
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, Boley, 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)--34.
The nays were: None.
Absent: None.
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. 30) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 31, Requiring Chief Technology Officer maintain cross index of forms used by state agencies.
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, Boley, 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, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
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. 31) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Com. Sub. for Senate Bill No. 147, Creating Methamphetamine Laboratory Eradication Act.
On third reading, coming up in regular order, with Senator Oliverio's amendment pending, and the right having been granted on Friday, March 18, 2005, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Oliverio, the following pending amendment to the bill was again reported by the Clerk and adopted:
On page thirty-one, section six, line four, by striking out the word "pharmacy,".
On motion of Senator Sprouse, the following amendment to the bill was next reported by the Clerk:
On page forty-one, after section fourteen, by inserting a new section, designated section fifteen, to read as follows:
§60A-10-15. Manufacture of methamphetamine near school; penalties.
Any person who shall knowingly manufacture or attempt to manufacture methamphetamine at a location within one thousand feet of a school shall be guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility for not less than five nor more than twenty years or fined not more than twenty- five thousand dollars, or both.
Following discussion,
The question being on the adoption of Senator Sprouse's amendment to the bill, and on this question, Senator Sprouse demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Caruth, Deem, Facemyer, Foster, Guills, Harrison, Lanham, Love, McCabe, McKenzie, Minear, Oliverio, Sprouse, Weeks and Yoder--17.
The nays were: Bailey, Bowman, Chafin, Dempsey, Edgell, Fanning, Helmick, Hunter, Jenkins, Kessler, Minard, Plymale, Prezioso, Sharpe, Unger, White and Tomblin (Mr. President)--17.
Absent: None.
So, a majority of those present and voting not having voted in the affirmative, the President declared Senator Sprouse's amendment to the bill (Com. Sub. for Com. Sub. for S. B. No. 147) rejected on a tie vote.
On motion of Senator Sprouse, the following amendment to the bill was next reported by the Clerk:
On page thirty-six, after section twelve, by inserting a new section, designated section twelve-a, to read as follows:
§60A-10-12a. Exposure of first responders to manufacture of methamphetamine; penalties.

Any person who unlawfully and intentionally manufactures or attempts to manufacture methamphetamine, and a police officer, probation officer, humane officer, emergency medical service personnel, firefighter, state fire marshal or employee, division of forestry employee, county correctional employee or state correctional employee, acting in his or her official capacity, ingests, inhales or is dermally exposed to a chemical, product, by- product, residue or substance involved in the manufacture or attempted manufacture of such controlled substance, without prior knowledge of such, which causes bodily injury to such person, shall be guilty of a felony and, upon conviction thereof, shall be fined not less than five hundred nor more than five thousand dollars and committed to the custody of the Division of Corrections for not less than one year nor more than five years.
The question being on the adoption of Senator Sprouse's amendment to the bill, and on this question, Senator Sprouse demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Caruth, Deem, Facemyer, Foster, Guills, Harrison, Lanham, McKenzie, Minear, Oliverio, Sprouse, Weeks and Yoder--15.
The nays were: Bailey, Bowman, Chafin, Dempsey, Edgell, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Plymale, Prezioso, Sharpe, Unger, White and Tomblin (Mr. President)--19.
Absent: None.
So, a majority of those present and voting not having voted in the affirmative, the President declared Senator Sprouse's amendment to the bill (Com. Sub. for Com. Sub. for S. B. No. 147) rejected.
On motion of Senator Sprouse, the following amendment to the bill was next reported by the Clerk:
On pages twenty-five through twenty-nine, by striking out all of section four and inserting in lieu thereof a new section four, to read as follows:
§60A-10-4. Purchase, receipt, acquisition and possession of substances to be used as precursor to manufacture of methamphetamine or another controlled substance; offenses; exceptions; penalties.

(a) Any person who, within any thirty-day period, knowingly purchases, receives or otherwise possesses more than three packages of a drug product containing as its single active ingredient ephedrine, pseudoephedrine or phenylpropenolamine or more than nine grams of ephedrine, pseudoephedrine or phenylpropenolamine in any form shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in a regional jail for not more than one year or fined not more than one thousand dollars, or both: Provided, That should such purchase, receipt or possession occur within one thousand feet of a school, then such person shall be guilty of felony and, upon conviction thereof, shall be confined in a correctional facility for not less than one nor more than five years.
(b) Notwithstanding the provisions of subsection (a) of this section, any person convicted of a second or subsequent violation of the provisions of said subsection or a statute or ordinance of the United States or another state which contains the same essential elements shall be guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility for not less than two nor more than ten years or fined not more than twenty- five thousand dollars, or both.
(c) The provisions of subsection (a) of this section shall not apply to:
(1) Drug products which are for pediatric use primarily intended for administration to children under the age of twelve; (2) Drug products which have been determined by the Board of Pharmacy to be in a form which is unamenable to being used for the manufacture of methamphetamine;
(3) Persons lawfully possessing drug products in their capacities as distributors, wholesalers, manufacturers, pharmacists, licensed pharmacy technicians, health care professionals or persons possessing such drug products pursuant to a valid prescription.
(d) Notwithstanding any provision of this code to the contrary, any person who knowingly possesses any amount of ephedrine, pseudoephedrine, phenylpropanolamine or other designated precursor with the intent to use it in the manufacture of methamphetamine or who knowingly possesses a substance containing ephedrine, pseudoephedrine or phenylpropanolamine or their salts, optical isomers or salts of optical isomers in a state or form which is, or has been, altered or converted from the state or form in which these chemicals are, or were, commercially distributed shall be guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility for not less than five nor more than twenty years or fined not more than twenty-five thousand dollars, or both.
(e) (1) Any pharmacy, wholesaler, manufacturer or distributor of drug products containing as their single active ingredient ephedrine, pseudoephedrine, phenlypropanolamine, their salts or optical isomers or salts of optical isomers or other designated precursor shall obtain a registration annually from the State Board of Pharmacy as described in section six of this article. Any such pharmacy, wholesaler, manufacturer or distributor shall keep complete records of all sales and transactions as provided in section eight of this article. The records shall be gathered and maintained pursuant to legislative rule promulgated by the Board of Pharmacy.
(2) Any drug products possessed without a registration as provided in this section are subject to forfeiture upon conviction for a violation of this section.
(3) In addition to any administrative penalties provided by law, any violation of this subsection is a misdemeanor, punishable upon conviction by a fine in an amount not more than ten thousand dollars.
The question being on the adoption of Senator Sprouse's amendment to the bill, and on this question, Senator Sprouse demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Deem, Foster, Guills, Harrison, McKenzie, Minear, Sprouse and Weeks--10.
The nays were: Bailey, Bowman, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sharpe, Unger, White, Yoder and Tomblin (Mr. President)--24.
Absent: None.
So, a majority of those present and voting not having voted in the affirmative, the President declared Senator Sprouse's amendment to the bill (Com. Sub. for Com. Sub. for S. B. No. 147) rejected.
On motion of Senator Kessler, the following amendment to bill was next reported by the Clerk and adopted:
On page fifteen, section three hundred eight, lines thirty- eight through forty-four, by striking out all of paragraph (B) and inserting in lieu thereof a new paragraph (B), to read as follows:
(B) Any person purchasing, receiving or otherwise acquiring any such substance shall produce a photographic identification issued by a state or federal governmental entity reflecting his or her date of birth.
The bill, as just amended, was then ordered to engrossment.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 147 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 147) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 191, Relating to implementation of modified mental hygiene procedures.
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, Boley, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 191) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, 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)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 191) 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. 288, Authorizing rental of vocational rehabilitation facilities by school groups or certain other organizations.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Senate Bill No. 467, Authorizing Director of Division of Protective Services assess, charge and collect fees.
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, Boley, Bowman, Caruth, Chafin, 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: Deem--1.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 467) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. 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 and private entities for the direct cost and expenses of safety and security services; and defining expenses.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, 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: Deem--1.
Absent: None.
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. 467) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 498, Clarifying responsibility of Prosecuting Attorneys Institute; other provisions.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Bowman, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Bowman, the following amendment to the bill was reported by the Clerk and adopted:
On pages nine and ten, by striking out all of section six-a and inserting in lieu thereof a new section six-a, to read as follows:
§7-4-6a. West Virginia Prosecuting Attorneys Institute continued.

Pursuant to the provisions of article ten, chapter four of this code, the West Virginia Prosecuting Attorneys Institute shall continue to exist until the first day of July, two thousand eight, unless sooner terminated, continued or reestablished.
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 498 was then read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes, Boley, 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)--34.
The nays were: None.
Absent: None.
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. 498) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, 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)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 498) 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. 582, Granting concurrent jurisdiction to family court and circuit court to set support in abuse and neglect cases.
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, Boley, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 582) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 583, Relating to appealing orders from family court to circuit court.
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, Boley, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 583) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 584, Allowing Bureau for Child Support Enforcement enter orders for modification of child support amounts.
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, Boley, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 584) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 585, Allowing disclosure of juvenile records in certain cases.
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, Boley, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 585) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 604, Establishing method for projecting increase in net enrollment for each school district.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 605 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 604) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, 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)--34.
The nays were: None.
Absent: None.
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. 604) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Edgell, and by unanimous consent, the remarks by Senator Plymale as to the passage of Engrossed Senate Bill No. 604 were ordered printed in the Appendix to the Journal.
Eng. House Bill No. 2510, Allowing public sector moneys to be used to satisfy the matching requirements of the workforce initiative in certain circumstances.
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, Boley, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2510) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2666, Continuation of the Department of Health and Human Resources.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Bowman, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Bowman, the following amendment to the bill was reported by the Clerk and adopted:
On page one, by striking out everything after the article heading and inserting in lieu thereof the following:
§9-2-1a. Department of Health and Human Resources continued.
The Department of Health and Human Resources shall be charged with the administration of this chapter. Pursuant to the provisions of article ten, chapter four of this code, the Department of Health and Human Resources shall continue to exist until the first day of July, two thousand six, unless sooner terminated, continued or reestablished.
Having been engrossed, the bill (Eng. H. B. No. 2666), as just amended, was then read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes, Boley, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2666) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, 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)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2666) 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. House Bill No. 2667, Continuation of the West Virginia Commission for the Deaf and Hard-of-Hearing.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Bowman, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Bowman, the following amendment to the bill was reported by the Clerk and adopted:
On page one, by striking out everything after the article heading and inserting in lieu thereof the following:
§5-14-12. West Virginia Commission for the Deaf and Hard-of-Hearing continued.

Pursuant to the provisions of article ten, chapter four of this code, the West Virginia Commission for the Deaf and Hard-of- Hearing shall continue to exist until the first day of July, two thousand nine, unless sooner terminated, continued or reestablished.
Having been engrossed, the bill (Eng. H. B. No. 2667), as just amended, was then read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes, Boley, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2667) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, 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)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2667) 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. House Bill No. 2846, Continuation of the Real Estate Appraiser Licensing and Certification Board.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Bowman, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Bowman, the following amendment to the bill was reported by the Clerk and adopted:
On page one, by striking out everything after the article heading and inserting in lieu thereof the following:
§30-38-19. Real Estate Appraiser Licensing and Certification Board continued.

Pursuant to the provisions of article ten, chapter four of this code, the Real Estate Appraiser Licensing and Certification Board shall continue to exist until the first day of July, two thousand thirteen, unless sooner terminated, continued or reestablished.
Having been engrossed, the bill (Eng. H. B. No. 2846), as just amended, was then read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes, Boley, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2846) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, 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)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2846) 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. House Bill No. 2892, Continuation of the Bureau for Child Support Enforcement.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Bowman, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Bowman, the following amendment to the bill was reported by the Clerk and adopted:
On page one, by striking out everything after the article heading and inserting in lieu thereof the following:
§48-18-134. Bureau for Child Support Enforcement continued.
Pursuant to the provisions of article ten, chapter four of this code, the Bureau for Child Support Enforcement shall continue to exist until the first day of July, two thousand ten, unless sooner terminated, continued or reestablished.
Having been engrossed, the bill (Eng. H. B. No. 2892), as just amended, was then read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes, Boley, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2892) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, 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)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2892) 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. House Bill No. 2893, Continuation of the James "Tiger" Morton Catastrophic Illness Commission.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Bowman, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Bowman, the following amendment to the bill was reported by the Clerk and adopted:
On page one, by striking out everything after the article heading and inserting in lieu thereof the following:
§16-5Q-3. James "Tiger" Morton Catastrophic Illness Commission continued.

Pursuant to the provisions of article ten, chapter four of this code, the James "Tiger" Morton Catastrophic Illness Commission shall continue to exist until the first day of July, two thousand eight, unless sooner terminated, continued or reestablished.
Having been engrossed, the bill (Eng. H. B. No. 2893), as just amended, was then read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes, Boley, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2893) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, 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)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2893) 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.
Senate Bill No. 253, Permitting Insurance Commissioner waive or reduce penalty for late filing of tax returns.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 254, Relating to reinsurance intermediaries.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Banking and Insurance were reported by the Clerk, considered simultaneously, and adopted:
On page six, section three, lines twelve and thirteen, by striking out the words "an article" and inserting in lieu thereof the words "a law";
On page six, section three, line thirteen, by striking out the word "law" and inserting in lieu thereof the word "article";
On page twelve, section three-a, lines fifty-six and fifty- seven, by striking out the word "twenty-nine" and inserting in lieu thereof the word "twenty-nine-a";
And,
On page fourteen, section thirteen, line fourteen, by striking out the words "of a bond or" and inserting in lieu thereof the words "a bond or an".
The following amendments to the bill, from the Committee on Finance, were next reported by the Clerk, considered simultaneously, and adopted:
On page eleven, section three-a, line forty-five, after the word "state" by inserting the words "or acting as a reinsurance intermediary in this state but which is not licensed";
And,
On page twelve, section three-a, line forty-eight, after the word "fees." by striking out the remainder of the subsection.
The bill (S. B. No. 254), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 456, Relating to cure offer from merchant or seller to consumer.
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. 239, Creating Flood Protective Planning Act.
Com. Sub. for Senate Bill No. 353, Authorizing Department of Transportation promulgate legislative rules.
Senate Bill No. 406, Establishing Uniform Environmental Covenants Act.
Com. Sub. for Senate Bill No. 418, Providing insurance reform by expanding and providing funding and expanded powers for Office of Consumer Advocacy.
Senate Bill No. 421, Relating to apportionment of damages in court actions involving tortious conduct in certain cases.
Senate Bill No. 492, Relating to claims against state.
Com. Sub. for Senate Bill No. 505, Creating Indigent Defense Commission.
Senate Bill No. 616, Relating to priority of legislative business for members and certain employees of Legislature.
And,
Eng. House Bill No. 2333, Establishing a program to encourage voluntary reclamation of lands adversely affected by mining activities.
At the request of Senator Chafin, and by unanimous consent, the Senate returned 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. 504, Relating to high-tech research zones, parks and technology centers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 504 (originating in the Committee on Economic Development)--
A Bill to amend and reenact §18B-13-4 of the Code of West Virginia, 1931, as amended, relating to technical changes concerning high-tech research zones, parks and technology centers; and tax incentives relating thereto.
With the recommendation that the committee substitute do pass; but under the original triple committee reference first be referred to the Committee on Education; and then to the Committee on Finance.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
At the request of Senator Chafin, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 504) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration, read a first time, ordered to second reading and, under the original triple committee reference, was referred to the Committee on Education; and then to the Committee on Finance.
Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 513, Relating to tax credits for qualified centers for economic development and technology advancement.
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.
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. 647, Requiring certain applicants for instructional permit for motor vehicle pay additional fee; organ donor.
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,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 700, Creating Community Infrastructure Investment Program.
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.
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. 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.
And has amended same.
And reports the same back with the recommendation that it be adopted, as amended.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators White, Sprouse, Plymale and Hunter.
Thereafter, at the request of Senator Hunter, and by unanimous consent, the remarks by Senator White were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m. today.
Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
Executive Communications

The Clerk then presented a communication from His Excellency, the Governor, advising that on March 21, 2005, he had approved Enr. House Bill No. 2483.
The Senate again proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 227, Exempting motor vehicle owned by resident on active duty from ad valorem taxes.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 227 (originating in the Committee on Finance)--A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as amended, relating to exempting one motor vehicle owned by a resident of this state on active duty in the United States military from ad valorem taxes for any taxable year the person is on active duty.
And,
Senate Bill No. 427, Relating to health maintenance organizations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 427 (originating in the Committee on Finance)--A Bill to repeal §33-25A-24a, §33-25A-24b, §33-25A-29 and §33-25A-30 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-25A-3a, §33-25A-12, §33-25A-14, §33-25A-17, §33-25A-22, §33-25A-23 and §33-25A-24 of said code; to amend said code by adding thereto a new section, designated §33-25A-14a; and to amend and reenact §33-40-1, §33-40-2, §33-40-3, §33-40-6 and §33-40-7 of said code, all relating to health maintenance organizations; eliminating the requirement that a health maintenance organization be incorporated in this state in order to obtain a certificate of authority; eliminating the requirement of annual application for renewal of certificates of authority; increasing the time copies of grievances must be retained; permitting health status to be a basis for underwriting individual policies; changing the period in which examinations must be performed by the Commissioner from three to five years; increasing the filing fee for annual reports; correcting a reference; clarifying scope of Commissioner's powers in performing examinations; clarifying that Insurance Fraud Prevention Act applies to health maintenance organizations; defining terms; and subjecting health maintenance organizations to risk-based capital requirements.
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 290, Requiring uniforms for students.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 290 (originating in the Committee on Education)--A Bill to amend and reenact §18-2-35 of the Code of West Virginia, 1931, as amended, relating to requiring each county board of education to hold a public hearing on the issue of mandating each student enrolled in a public school to wear a school uniform while attending that school.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 304, Authorizing Board of Chiropractic Examiners promulgate legislative rule relating to chiropractic practice.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 399, Relating to ability of physician to refuse cardiopulmonary resuscitation in certain cases.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 399 (originating in the Committee on Health and Human Resources)--
A Bill to amend and reenact §16-30-2, §16-30-3, §16-30-5 and §16-30-10 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-30-26, all relating to end- of-life care; and the ability of a physician, in specified circumstances, to refuse to provide medical treatment if, to a reasonable degree of medical certainty, the treatment would be medically ineffective.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 399), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 414, Relating to child passenger safety and booster seats.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 448, Creating voluntary tax check-off program to support James "Tiger" Morton Catastrophic Illness Fund.
And,
Senate Bill No. 550, Designating certain rural hospitals for Medicare Critical Access Hospital Program.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senate Bill No. 448, under the original double committee reference, was then referred to the Committee on Finance.
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 Senate Bill No. 550 contained in the foregoing report from the Committee on Health and Human Resources.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 521, Requiring study on flood and general property insurance for State Board of Education.
And,
Senate Bill No. 589, Relating to county boards of education sharing services of central office administrative personnel.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bills, under the original double committee references, were then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 531, Relating to Hospice Licensure Act.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 531) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Government Organization.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 576, Allowing Insurance Commission to add certain health care services.
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,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 603, Relating to higher education.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 603 (originating in the Committee on Education)--A Bill to repeal §18B-1-7 and §18B-1-9 of the Code of West Virginia, 1931, as amended; to repeal §18B-2-1, §18B-2-2 and §18B-2-3 of said code; to repeal §18B-3-5 and §18B-3-7 of said code; to repeal §18B-5-2d of said code; to repeal §18B-14-11 of said code; to amend and reenact §5-6-4a of said code; to amend and reenact §5G-1-2 of said code; to amend and reenact §12-3-5, §12-3-6 and §12-3-8 of said code; to amend and reenact §18-2-23a of said code; to amend said code by adding thereto a new section, designated §18-2-24; to amend and reenact §18A-3A-1 and §18A-3A-2b of said code; to amend and reenact §18B-1-3 and §18B-1-6 of said code; to amend and reenact §18B-1A-2 and §18B-1A-6 of said code; to amend and reenact §18B-1B-4, §18B-1B-5 and §18B-1B-6 of said code; to amend said code by adding thereto a new section, designated §18B-1B-13; to amend and reenact §18B-2A-3 and §18B-2A-4 of said code; to amend said code by adding thereto a new section, designated §18B-2B-9; to amend and reenact §18B-3-1, §18B-3-2 and §18B-3-3 of said code; to amend said code by adding thereto a new section, designated §18B-3-4; to amend and reenact §18B-4-5, §18B-4-5a, §18B-4-6 and §18B-4-7 of said code; to amend and reenact §18B-5-3, §18B-5-4, §18B-5-7 and §18B-5-9 of said code; to amend said code by adding thereto a new section, designated §18B-5-10; to amend and reenact §18B-10-1, §18B-10-5 and §18B-10-6 of said code; to amend said code by adding thereto a new section, designated §18B-10-6a; to amend said code by adding thereto a new section, designated §18B-11-7; and to amend said code by adding thereto a new section, designated §18B-14-12, all relating to public and higher education generally; providing flexibility measures for certain state institutions of higher education; including at least teachers, principals and paraprofessionals in professional development provisions; establishing a structure to enhance collaboration between state institutions of higher education having a teacher preparation program, the Center for Professional Development and the regional education service agencies in providing professional development; requiring the state's research and doctoral degree-granting public institutions of higher education to coordinate the collaboration efforts of the other teacher preparation institutions in their designated coordination areas; requiring the State Board to ensure regional education service agencies are collaborating; reconstituting the Center for Professional Development Board and changing its membership; abolishing the position of Executive Director of the Center for Professional Development; creating the position of Director of the Center for Professional Development; designating collaboration with the State Board in certain areas as a priority; requiring a professional development study and report; creating the position of Coordinator of the Principals Academy; transferring powers, authorities, responsibilities and duties between certain entities; definitions; excepting certain institutions from certain requirements for selecting engineering and architectural services; excepting certain institutions from certain required reports to Joint Committee on Government and Finance regarding real property contracts and agreements; requiring transfer of real property under certain circumstances from Higher Education Policy Commission to certain institutions; clarifying real property retention rights of Policy Commission for certain jointly used real property;
modifying format and documentation requirements for acceptance of certain documents by State Auditor; expanding permissible uses for purchase card; transferring to State Auditor certain duties regarding purchase cards; transferring to State Auditor authority to approve certain purchase card payments designated to exceed the purchase amount limits and to set the amount by which such payments may exceed the limits; exempting certain institutions from certain document submission requirements for travel expense reimbursement; clarifying requirements for promulgation of higher education rules; requiring certain institutions to promulgate certain rules; establishing certain requirements for rule adoption, validation, enforcement and reporting; limiting certain authorities when rules not adopted; clarifying legislative intent relating to mission of certain institutions; limiting Policy Commission jurisdiction, power, responsibility and authority regarding certain institutions; modifying Policy Commission duties; expanding Policy Commission discretion in setting Chancellor's salary; specifying limitation of certain entities on exercising certain authorities and fulfilling certain responsibilities; modifying responsibility for assigning institutions' geographic areas of responsibility; authorizing Bluefield State College to offer graduate programs under certain circumstances; limiting circumstances when certain institutions are required to collaborate in providing certain graduate-level programs; transferring to certain institutions authority for capital project need identification, prioritization and selection; modifying criteria considered for capital project selection; extending to certain institutions authority to approve compensation package for president; preserving the jurisdiction and authority of certain higher education entities to manage technology; clarifying authority of Policy Commission to assess certain fees; specifying when discharging certain duties requires consultation among various higher education entities; transferring to certain institutions authority to approve tuition and fee increases, review and approve academic programs, develop capital budgets and set standards for conferring degrees; exempting certain institutions from Attorney General and Policy Commission approval requirements for executing certain documents, instruments and purchases; requiring study and report of recommendations relating to higher education personnel issues; establishing scope of personnel study and charges for implementation; requiring employee participation; modifying requirements and authorities regarding delegation of powers by certain higher education entities; expanding and modifying the powers and duties of research, doctoral-granting public universities and their governing boards; providing legislative findings, purpose and intent for such expansion and modification; for certain institutions expanding authority and establishing parameters and procedures for donating certain surplus computers and related items; limiting application to certain institutions of certain surplus item disposal requirements; defining the relationship between the Policy Commission and certain governing boards and between the West Virginia Council for Community and Technical College Education and certain governing boards; establishing and defining the duties of certain governing boards to address state priorities and the goals for post-secondary education established by the Legislature; defining state priorities; requiring annual report of progress; expanding jurisdiction of certain parking and vehicle operating violations for certain institutions; specifying certain acceptable qualifications for employment as campus police officer at certain institutions; expanding authority of certain campus police officers; expanding responsibility of certain institutions to investigate certain crimes; expanding authority of certain institutions to expend the excess of certain parking fees collected; increasing fines and expanding penalty options for certain parking and vehicle operating violations at certain institutions; exempting certain institutions from requirements to participate in certain cooperative purchasing and operating arrangements; specifying responsibility of certain institutions for ensuring fiscal integrity of operations; establishing requirements for implementing best business and management practices for certain institutions, including certain required reports; authorizing state medical and health professionals schools to participate in self-insurance retention programs with approval of state Board of Risk and Insurance Management; authorizing state Board of Risk and Insurance Management to enter into agreements with state medical and health professionals schools to develop and implement self-insurance retention programs; requiring plan review and approval by state Insurance Commissioner prior to implementing self-insurance retention programs; authorizing Insurance Commissioner to promulgate emergency rules; expanding discretion of certain institutions to offer undergraduate and graduate-level fee waivers, eliminating certain waiver award restrictions and requiring rule governing waivers; requiring certain institutions to establish a nonprofit Regional Brownfield Assistance Center; defining Assistance Center service regions; establishing Assistance Center powers and duties; creating Governor's Commission on Graduate Study in Science, Technology, Engineering and Mathematics; establishing membership; assigning charge to Commission; providing legislative findings and requiring report to Legislative Oversight Commission on Education Accountability; deleting, repealing and updating certain obsolete provisions; and making technical corrections.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.

At the request of Senator Plymale, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 603) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 659, Clarifying definition of "money transmission".
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Joseph M. Minard,
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
Senate Bill No. 661, Relating to juvenile proceedings and multidisciplinary teams.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 661 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §49-5-13a and §49-5-20 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-5D-3 of said code, all relating to juvenile proceedings and multidisciplinary teams; requiring the Division of Juvenile Services to establish a multidisciplinary team treatment planning process for certain juveniles in its custody; requiring multidisciplinary team to be convened and directed by the Division of Juvenile Services for juveniles committed to its custody by the court for examination and diagnosis; specifying members of the multidisciplinary team; requiring multidisciplinary team to be convened for juveniles prior to discharge from a juvenile correctional facility; and authorizing those who convene a multidisciplinary team meeting to obtain an order of the circuit court setting a hearing and compelling attendance.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 731 (originating in the Committee on Finance)--A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand five, to the Department of Transportation - Division of Public Transit, fund 8745, fiscal year 2005, organization 0805, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five.
Senate Bill No. 732 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation in the State Fund, General Revenue, to the Department of Transportation - Aeronautics Commission, fund 0582, fiscal year 2005, organization 0807, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five.
Senate Bill No. 733 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand five, to a new item of appropriation designated to the Department of Transportation, Aeronautics Commission, fund 8831, fiscal year 2005, organization 0807, supplementing and amending chapter thirteen, Acts of the Legislature, regular session, two thousand four, known as the budget bill.
And,
Senate Bill No. 734 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand five, to the West Virginia State Mapping and Addressing Board, fund 8868, fiscal year 2005, organization 0940, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, March 23, 2005, at 11 a.m
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