(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
FORTY-FIFTH DAY
____________

Charleston, W. Va., Friday, March 25, 2005

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Debbie Roach, Wayne, West Virginia, proceeded in the singing of "More Precious than Silver".
Pending the reading of the Journal of Thursday, March 24, 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.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 19, Requesting Division of Highways name bridge on Interstate 79 at Route 310, at East Grafton Road, "Anthony Joseph Yanero Memorial Bridge".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 47, Requesting Division of Highways name bridge near Seebert, Pocahontas County, "Tom Edgar Memorial Bridge".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 58, Petitioning Congress investigate loss of insurance coverage and pensions for coal miners due to bankruptcy of Horizon Natural Resources and closing of Cannelton Mine in Kanawha County.
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. 2850--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17A-13-1, §17A-13-2, §17A-13-3 and §17A-13-4, all relating to regulating the use of automobile event data recorders.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2911--A Bill to amend and reenact §35-1-1, §35-1-4, §35-1-7 and §35-1-8, all relating to lands held by any individual church, parish, congregation or branch of any religious sect, society or denomination within this state; removing acreage limitations; and providing procedures for limiting and assessing tax-exempt status.
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. Com. Sub. for House Bill No. 2944--A Bill to amend and reenact §8-14-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-15-17 of said code, all relating to reinstatement of former police officers or former firefighters.
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. 2945--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-111, relating to prohibiting solicitors who leave empty containers requesting water samples from state residents from doing so without contemporaneously attaching or affixing with the container unambiguous documentation identifying the name of their company, the address and telephone number of its principal place of business, the geographical location of its main theater of operations, its correct corporate name, if applicable, the state wherein it is incorporated, if applicable, a clear description of any prospective product or service it seeks to solicit for sale, the cost or costs involved to obtain the product or service and a clear statement that the person being solicited is not obligated to accept or purchase the product or service; providing a civil penalty; and providing that persons who violate the prohibition have engaged in an unfair method of competition and unfair or deceptive act or practice as defined in the article.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3015--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to extending the time for the Knights of Columbus to comply; providing for special registration plates for organ and tissue donors, for present and former Boy Scouts, for present and former Boy Scouts who have achieved Eagle Scout status, for members of Lions International, for honoring coal miners, for licensed practical nurses and for the registered nurses; providing for initial fees; and providing for annual fees.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
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 25th 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. 411), Extending time for county commission of Tyler County to meet as levying body.
Respectfully submitted,
Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
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. 382, Authorizing Board of Risk and Insurance Management promulgate legislative rule relating to Public Entities Insurance Program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 382 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule- Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing Department of Administration to promulgate a legislative rule relating to leasing space on behalf of state spending units; authorizing Department of Administration to promulgate a legislative rule relating to state- owned vehicles; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to general provisions; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to Deputy Sheriff Retirement System; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeal; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers Defined Contribution System; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers Defined Benefit Plan; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees Retirement System; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to West Virginia State Police disability determination and appeal process; authorizing Ethics Commission to promulgate a legislative rule relating to code of conduct for administrative law judges; authorizing Division of Information Services and Communications to promulgate a legislative rule relating to telecommunications payments by spending units; authorizing Division of Personnel to promulgate a legislative rule relating to administration of the Division; authorizing Division of Personnel to promulgate a legislative rule relating to preemployment references and inquiries; authorizing Board of Risk and Insurance Management to promulgate a legislative rule relating to the Public Entities Insurance Program; and authorizing Board of Risk and Insurance Management to promulgate a legislative rule relating to the Patient Injury Compensation Fund.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 382) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 458, Permitting transfer of State Police for certain inappropriate conduct; relocation expense.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 458 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §15-2-20 of the Code of West Virginia, 1931, as amended, relating to transfer of members of the West Virginia State Police; permitting a transfer of a member for certain conduct; and increasing the relocation expense to one thousand dollars.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 458) contained in the preceding report from the Committee on the Judiciary 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 Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 512, Providing preference to state vendors who qualify for veteran status.
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,
Jon Blair Hunter,
Chair.
At the request of Senator Hunter, unanimous consent being granted, the bill (S. B. No. 512) contained in the preceding report from the Committee on Military 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 Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 578, Relating to filling vacancies in state agencies for certain National Guard members.
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,
Jon Blair Hunter,
Chair.
At the request of Senator Hunter, unanimous consent being granted, the bill (S. B. No. 578) contained in the preceding report from the Committee on Military 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 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
Senate Bill No. 710, Providing small grants program for Tourism Promotion Fund.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 710) contained in the preceding report from the Committee on the Judiciary 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.
The Senate proceeded to the sixth order of business.
Senators Sprouse, Bailey, Jenkins, Guills, Hunter, Prezioso, Minear and Minard offered the following resolution:
Senate Concurrent Resolution No. 71-- Requesting the Governor proclaim the fourth Friday of April, 2005, as "Children's Memorial Flag Day" in the State of West Virginia.
Whereas, Tragic acts of violence against children are occurring with increasing frequency throughout the State of West Virginia and the United States. These violent acts are destroying innocent lives and devastating families and communities; and
Whereas, Too many of West Virginia's children have been lost in violent, preventable deaths through guns, fire, automobile accidents, physical violence and suicide; and
Whereas, In celebration of life, diversity and hope for the future, the citizens of West Virginia should condemn acts of violence committed against our children; and
Whereas, A Children's Memorial Flag has been obtained by the State of West Virginia and should be flown on the fourth Friday of April, 2005, in remembrance of young lives lost in senseless acts of violence; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Governor proclaim the fourth Friday of April, 2005, as "Children's Memorial Flag Day" in the State of West Virginia; and, be it
Further Resolved, That the Children's Memorial Flag be flown on the fourth Friday of April, 2005, in remembrance of those young lives lost in senseless acts of violence; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor.
Which, under the rules, lies over one day.
Senators Sprouse, Weeks, Yoder, Caruth, Deem, Guills, Harrison, Lanham, McKenzie, Boley, Facemyer, Minear, Barnes, Prezioso, McCabe and Minard offered the following resolution:
Senate Concurrent Resolution No. 72-- Honoring families of West Virginia soldiers who have made the ultimate sacrifice to our grateful nation and state by the presentation of a "Mountaineer Freedom Medal".
Whereas, For many generations, our state has given of its best--its sons and daughters--to defend and advance the cause of freedom; and
Whereas, The paths of freedom are walked by brave souls who do not fear their own death, but fear the death of a nation they have sworn to defend; and
Whereas, In times of war and turmoil, our state looks to its citizens and always finds a cadre of soldiers who willingly and purposefully volunteer to keep true the motto of our great state, "Mountaineers are Always Free"; and
Whereas, Each West Virginia soldier that has made the ultimate sacrifice in the giving of his or her life in support of our nation has done so honorably; and
Whereas, The noble fallen should be forever honored among the heroes of West Virginia's history; and
Whereas, The Legislature believes that those who die for their country should be recognized by the living and that their contribution to the fundamental cause of freedom should be heralded; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature honor the families of West Virginia soldiers who have made the ultimate sacrifice to our grateful nation and state by the presentation of a "Mountaineer Freedom Medal"; and, be it
Further Resolved, That a "Mountaineer Freedom Medal" be designed, created and presented to the families of these soldiers as a lasting reminder of the service these brave soldiers endured in support of liberty and freedom; and, be it
Further Resolved, That the Legislature hereby requests the Governor establish and present to the families of these fallen soldiers this token of gratefulness and appreciation on behalf of the citizens of West Virginia; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President), Dempsey, McCabe and Minear offered the following resolution:
Senate Resolution No. 27-- Congratulating the Logan High School boys' basketball team on winning the 2005 Class AA championship.
Whereas, The Logan High School boys' basketball team had an exceptional season which earned it the opportunity to participate in the 2005 Class AA championship playoffs; and
Whereas, The Logan High School boys' basketball team won the 2005 Class AA championship; and
Whereas, The coaching staff, consisting of Mark Hatcher, Rodney Campbell, Brad Napier, Kevin Gertz, Chad Akers and Wyatt Scaggs, is commended for its outstanding leadership ability; and
Whereas, The players on the 2005 Logan High School boys' basketball team, consisting of Wyatt Ables, William Abraham, Patrick Beddow, Brett Campbell, Antonio Clemens, Carl Dean, Cory Eplin, C. B. Green, Lou Green, Joe Hatcher, Ryan Haught, Brian Lane, Craig Marcum, Chris Robertson, Pat Robinette, Justin Stapleton, Josh Welch, Curtis Wellman, Cory Williams, Greg Williams and Jeff Williamson, are commended for its outstanding athletic ability, team spirit and sportsmanship; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates Logan High School boys' basketball team on winning the 2005 Class AA championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Logan High School boys' basketball team.
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 resumed business under the sixth order.
Senators Oliverio, Prezioso, Minear, Lanham, McCabe and Minard offered the following resolution:
Senate Resolution No. 28-- Congratulating the Morgantown High School girls' cross country team on winning the 2005 Class AAA championship.
Whereas, The Morgantown High School girls' cross country team had an exceptional season which earned it the opportunity to participate in the 2005 Class AAA championship playoffs; and
Whereas, The Morgantown High School girls' cross country team won the 2005 Class AAA championship; and
Whereas, The coaching staff of the Morgantown High School girls' cross country team, consisting of John Patti and Adam Daniels, is commended for their outstanding leadership ability; and
Whereas, The members of the Morgantown High School girls' cross country team, consisting of Claire Berryman, Maria Daldot, Ahna Lewis, Aubrey Moskal, Emma Berry, Erica Arthurs and Kelsey Russt, are commended for their outstanding athletic ability, team spirit and sportsmanship; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Morgantown High School girls' cross country team on winning the 2005 Class AAA championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Morgantown High School girls' cross country team.
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. 57, Requesting Division of Highways name bridge in Mercer County on Route 460 crossing Interstate 77 "Lance Corporal Juston Thacker Memorial Bridge".
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. 70, Requesting Division of Highways name bridge at junction of Route 65 and Route 49 in Matewan, Mingo County, "Earl Stafford Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 126, Relating to educational benefits for children of certain deceased military.
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. Com. Sub. for Com. Sub. for S. B. No. 126) 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. Com. Sub. for Com. Sub. for S. B. No. 126) 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. Com. Sub. for Senate Bill No. 227, Exempting one motor vehicle owned by resident on active duty from ad valorem taxes.
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. Com. Sub. for S. B. No. 227) 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. 290, Requiring each county board of education hold public hearing on students wearing uniforms.
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, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: McCabe and Weeks--2.
Absent: Boley--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. 290) passed.
On motion of Senator Chafin, the following amendment to the title of the bill 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. Com. Sub. for Senate Bill No. 290--A Bill to amend and reenact §18-2-35 of the Code of West Virginia, 1931, as amended, relating to requiring school uniforms for students.
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. 341, Authorizing Department of Health and Human Resources promulgate legislative rules.
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. Com. Sub. for S. B. No. 341) 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. Com. Sub. for S. B. No. 341) 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. 414, Relating to child passenger safety and booster seats.
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. Com. Sub. for S. B. No. 414) 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. 427, Relating to health maintenance organizations.
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. Com. Sub. for S. B. No. 427) 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. 455, Relating to financing of environmental control activities by certain electrical utilities.
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. Com. Sub. for S. B. No. 455) 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. 463, Allowing supplemental assessment on personal property when omitted from record books.
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, Bowman, Chafin, Dempsey, Edgell, Fanning, Foster, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Plymale, Prezioso, Sharpe, Unger and Tomblin (Mr. President)--19.
The nays were: Barnes, Caruth, Deem, Facemyer, Guills, Harrison, Lanham, McKenzie, Minear, Oliverio, Sprouse, Weeks, White and Yoder--14.
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. 463) 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. 531, Relating to Hospice Licensure Act.
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. 531) 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. 550, Designating certain rural hospitals for Medicare Critical Access Hospital Program.
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. 550) 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. 603, Relating to higher education.
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. Com. Sub. for S. B. No. 603) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On pages one through nine, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 603--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; authorizing governing boards to provide disability insurance to certain employees; 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.
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. Com. Sub. for S. B. No. 603) 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. 659, Clarifying definition of "money transmission".
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. 659) 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. 661, Relating to juvenile proceedings and multidisciplinary teams.
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. Com. Sub. for S. B. No. 661) 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. Com. Sub. for S. B. No. 661) 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. 731, Making supplementary appropriation of federal funds to Department of Transportation, Division of Public Transit.
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 elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 731) 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. 731) 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. 732, Making supplementary appropriation from state fund to Department of Transportation, Aeronautics Commission.
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 elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 732) 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. 732) 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. 733, Making supplementary appropriation of federal funds to Department of Transportation, Aeronautics Commission.
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 elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 733) 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. 733) 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. 734, Making supplementary appropriation of federal funds to Miscellaneous Boards and Commissions, State Mapping and Addressing Board.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Prior to the call of the roll, Senator Plymale moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
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, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Boley--1.
Excused from voting: Plymale--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 734) 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, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Boley--1.
Excused from voting: Plymale--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. 734) 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. 739, Making supplementary appropriation to Department of Health and Human Resources, Division of Health, Hepatitis B Vaccine.
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. 739 pass?"
Thereafter, at the request of Senator Helmick, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 29, Relating to law-enforcement powers and duties of conservation officers.
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. 194, Relating to Affordable Housing Trust Fund.
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. 357, Authorizing Department of Tax and Revenue promulgate legislative rules.
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. 386, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules.
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. 399, Relating to ability of physician to refuse to provide medical treatment in certain cases.
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. 439, Exempting certain carriers of solid waste from certificate of convenience requirements.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Barnes, the following amendment to the bill was reported by the Clerk:
On page nine, section five, line eight, after the word "code." by inserting the following:
All exemptions are valid for one year and must expire and only be reissued if the provisions stated in section twenty-three, article four of this chapter regarding exemptions are satisfied.
The exempt hauler must follow the same rules and regulations of the West Virginia Public Service Commission for certificated haulers; and all other requirements, duties and obligations applicable to motor carriers contained in this chapter. The county or regional solid waste authority must obtain a certification from the West Virginia Public Service Commission assuring that the issuance of an exemption will have no effect on residential hauling rates in the county. The West Virginia Public Service Commission shall have oversight and appeal review of this section. The Public Service Commission shall promulgate rules regarding these exemptions.
Senator Barnes then requested unanimous consent that the bill lie over one day, retaining its place on the calendar.
Which consent was not granted, Senator Unger objecting.
Senator Barnes then moved that the bill lie over one day, retaining its place on the calendar.
The question being on the adoption of the aforestated motion by Senator Barnes, the same was put.
The result of the voice vote being inconclusive, Senator Unger demanded a division of the vote.
A standing vote being taken, there were seventeen "yeas" and fourteen "nays".
Whereupon, Senator Tomblin (Mr. President) declared the aforestated motion by Senator Barnes had prevailed.
Thereafter, Committee Substitute for Senate Bill No. 439 was laid over one day, retaining its place on the calendar, with the amendment offered by Senator Barnes pending.
Com. Sub. for Com. Sub. for Senate Bill No. 442, Relating generally to authorizing table games at licensed horse and dog racetracks.
On second reading, coming up in regular order, was read a second time.
On motions of Senators Weeks and Sprouse, the following amendment to the bill was reported by the Clerk:
On page seventy-eight, section twenty-seven, line forty-five, by striking out the words "appropriated by the Legislature" and inserting in lieu thereof the words "used as an offset to the collection and reduction of a consumers sales tax on food and food products sold for human consumption off the premises provided for in article fifteen, chapter eleven of this code".
Following discussion,
The question being on the adoption of the amendment offered by Senators Weeks and Sprouse to the bill, and on this question, Senator Sprouse demanded the yeas and nays.
Senator Bowman moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
Thereafter, at the request of Senator Fanning, and by unanimous consent, the bill was advanced to third reading with the amendment offered by Senators Weeks and Sprouse pending and the right reserved to consider other amendments on that reading.
Senator Minear requested unanimous consent that the remarks by Senators Helmick and Hunter regarding the adoption of the amendment offered by Senators Weeks and Sprouse to the bill (Com. Sub. for Com. Sub. for S. B. No. 442) be ordered printed in the Appendix to the Journal.
Which consent was not granted, Senator Hunter objecting.
Senator Minear then moved that the remarks by Senators Helmick and Hunter regarding the adoption of the amendment offered by Senators Weeks and Sprouse to the bill (Com. Sub. for Com. Sub. for S. B. No. 442) be ordered printed in the Appendix to the Journal.
The question being on the adoption of Senator Minear's aforestated motion, the same was put and did not prevail.
On motion of Senator Caruth, the Senate reconsidered the vote by which in earlier proceedings today it adopted the motion by Senator Barnes that the bill lie over one day, retaining its place on the calendar, as to
Com. Sub. for Senate Bill No. 439, Exempting certain carriers of solid waste from certificate of convenience requirements.
The vote thereon having been reconsidered,
The question again being on the adoption of the motion by Senator Barnes that the bill lie over one day, retaining its place on the calendar.
Thereafter, at the request of Senator Barnes, unanimous consent being granted, his aforestated motion was withdrawn.
Senator Barnes requested unanimous consent that the bill be advanced to third reading with the amendment offered by Senator Barnes pending and the right reserved to consider other amendments on that reading.
Which consent was not granted, Senator Unger objecting.
Senator Barnes then moved that the bill be advanced to third reading with the amendment offered by Senator Barnes pending and the right reserved to consider other amendments on that reading.
The question being on the adoption of the aforestated motion by Senator Barnes, the same was put.
The result of the voice vote being inconclusive, Senator Deem demanded a division of the vote.
A standing vote being taken, there were fourteen "yeas" and eighteen "nays".
Whereupon, Senator Tomblin (Mr. President) declared the aforestated motion by Senator Barnes had not prevailed.
The question now being on the adoption of the amendment offered by Senator Barnes to the bill (shown in the Senate Journal of today, pages 39 and 40).
Following discussion,
The question being on the adoption of the amendment offered by Senator Barnes to the bill (Com. Sub. for S. B. No. 439), the same was put and did not prevail.
On motions of Senators Facemyer, Lanham and Barnes, the following amendments to the bill were next reported by the Clerk, considered simultaneously, and adopted:
On page seven, section twenty-three, line one hundred, by striking out the word "and";
On page seven, section twenty-three, line one hundred four, after the word "Commerce" by changing the period to a semicolon;
And,
On page seven, section twenty-three, after line one hundred four, by inserting two new paragraphs, designated paragraphs (C) and (D), to read as follows:
(C) The county is served by fewer than three common carriers by motor vehicles authorized to carry nonresidential solid waste by certificates of convenience and necessity issued by the Public Service Commission; and
(D) There is not a regional solid waste authority operating one or more transfer stations for the region.
The bill (Com. Sub. for S. B. No. 439), as amended, was then ordered to engrossment and third reading.
Thereafter, at the request of Senator Hunter, and by unanimous consent, the remarks by Senators Barnes, Unger and Facemyer regarding the adoption of the amendment offered by Senator Barnes to the bill (Com. Sub. for S. B. No. 439) were ordered printed in the Appendix to the Journal.
At the request of Senator Chafin, and by unanimous consent, the Senate returned 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. 237, Allowing municipalities to increase hotel occupancy tax.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 237) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 245, Relating to regulating elections.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 245 (originating in the Committee on the Judiciary)--A Bill to repeal §3-8-5c of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §3-8-1a and §3-8-2b ; and to amend and reenact §3-8-2, §3-8-4, §3-8-5a, §3-8-7, §3-8-8 and §3-8- 12 of said code, all relating to regulating elections; defining terms; requiring the persons who engage in electioneering communications to file financial statements with Secretary of State; contents of statement and filing requirements; penalties for filing delinquent or incomplete financial statements; prohibiting corporations from paying for producing or airing electioneering communications; increasing penalty for violations of prohibitions on corporate contributions to candidates or for electioneering communications; and prohibiting political organizations and political action committees expressly advocating nomination, election or defeat of candidate or engaging in electioneering communications from accepting corporate contributions in excess of one thousand dollars during primary or general election campaign periods .
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 245) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 287, Transferring authority to propose water quality standard rules to Department of Environmental Protection.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 287 (originating in the Committee on the Judiciary)--A Bill to repeal §22B-3-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §22-11-7b of said code; to amend and reenact §22-12-4 of said code; and to amend and reenact §22B-3-2 of said code, all relating to water quality standards generally; transferring authority to propose rules relating to water quality standards from the Environmental Quality Board to the Department of Environmental Protection; providing that the current rule remains in force and effect until amended by the Department of Environmental Protection; establishing some requirements for water protection; providing that meetings to develop water quality standards be open with certain exceptions; authorizing the Department of Environmental Protection to consider remining variances; authorizing the Secretary to promulgate standards of purity and quality for groundwater; establishing the maximum containment levels permitted for groundwater; and providing that the current ground water standard remains in effect until modified by the Secretary.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 287) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 289, Adding definition of "fill material" to Water Pollution Control Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 289 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22-11-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22-11-6a, all relating to fill material; defining "fill material" for the Water Pollution Control Act; and allowing fill material to be placed in the waters of the state.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 289) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 471, Exempting homeowners' associations from consumers sales and service tax on certain fees.
Senate Bill No. 526, Allowing credit against taxpayer's tax liability for contributions to community foundations.
Senate Bill No. 614, Updating meaning of certain terms used in Corporation Net Income Tax Act.
And,
Senate Bill No. 623, Updating meaning of certain terms used in Personal Income Tax Act.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bills (S. B. Nos. 471, 526, 614 and 623) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
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. 473, Creating criminal offense of cyber-shoplifting.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 473 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-3A-1 and §61-3A-6 of the Code of West Virginia, 1931, as amended, all relating to the crime of cyber-shoplifting; including in the definition of "shoplifting" customer's repudiation of a card-not- present credit or debit transaction after having taken delivery of merchandise ordered from the merchant; and defining "card-not- present credit or debit transaction" to mean a credit or debit sale of merchandise by telephone, mail order, internet or other means that does not require the cardholder's signature or physical presentation of the credit or debit card to the merchant.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 473) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 530, Amending list of prohibited political activities by deputy sheriffs and municipal police officers.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 530) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 576, Allowing Insurance Commission to add certain health care services.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 576 (originating in the Committee on the Judiciary )--A Bill to amend and reenact §33-25D-2 of the Code of West Virginia, 1931, as amended, relating to Prepaid Limited Health Service Organizations Act; adding pharmaceutical services, vision care services, dental care services and podiatric care services to the definition of "limited health service"; and authorizing the Insurance Commissioner to add other services to such definition.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 576) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 629, Making technical change in computation of tax for nonresidents and part-year residents.
Senate Bill No. 641, Correcting definitions applicable to assessment of real property and homestead property tax exemption.
Senate Bill No. 643, Relating to taxable income of resident estate or trust.
And,
Senate Bill No. 644, Defining certain terms used in consumers sales and service tax.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bills (S. B. Nos. 629, 641, 643 and 644) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
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. 667, Relating to motor fuel excise tax.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 667) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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.
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. 3181--A Bill making a supplementary appropriation from the balance of 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 Bureau of Commerce - Economic Development Authority - Economic Development Project Bridge Loan Fund, Fund 3169, Fiscal Year 2005, Organization 0307, supplementing and amending chapter 13, Acts of the Legislature, regular session, two thousand four, known as the budget bill.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration, the bill was read a first time, ordered to second reading, and then referred to the Committee on Finance.
Executive Communications
The Clerk then presented a communication from His Excellency, the Governor, advising that on March 24, 2005, he had approved Enr. House Bill No. 2495.
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. 223, Relating to vesting retirement benefits for certain members of military.
With an amendment from the Committee on Pensions pending.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 223 (originating in the Committee on Finance)--A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended, relating to the vesting of retirement benefits for those members of the armed forces accumulating nine or more years of credited service who are called from participating employment to compulsory military service or armed conflict and who die during, or as a result of, compulsory active service and prior to resumption of participating employment.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 223) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 348, Clarifying when audits are required of state funds or grants; penalty.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 348) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Fanning, 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. 575, Permitting certain persons with physical disabilities to use crossbow during hunting season.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 575 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §20-2- 5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §20-2-5g and §20-2-46n, all relating to authorizing crossbow hunting for disabled persons.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
John Pat Fanning,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 588, Relating to cruelty to animals and intervention program for certain youths.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 24, 2005;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
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. 589, Relating to county boards of education sharing services of central office administrative personnel.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 589) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 622, Clarifying exemption for property used by certain not-for-profit, tax-exempt corporations.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 622) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Jenkins, from the Committee on Interstate Cooperation, submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under consideration
Senate Bill No. 660, Revising Uniform Commercial Code.
And,
Senate Bill No. 683, Relating to Uniform Commercial Code documents of title.
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 the Judiciary.
Respectfully submitted,
Evan H. Jenkins,
Chair.
At the request of Senator Jenkins, unanimous consent being granted, the bills (S. B. Nos. 660 and 683) contained in the preceding report from the Committee on Interstate Cooperation were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were 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. 669, Transferring certain election duties from circuit clerk to clerk of county commission.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Kessler, as chair of the Committee on the Judiciary, 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.
At the request of Senator Bailey, unanimous consent being granted, the bill (S. B. No. 669) was taken up for immediate consideration, read a first time and ordered to second reading.
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. 684, Relating to imposition of tax on privilege of severing natural gas or oil; reporting form.
And,
Senate Bill No. 705, Delaying effective date of Municipal Sales and Service Tax and Municipal Use Tax.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bills (S. B. Nos. 684 and 705) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
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. 747 (originating in the Committee on Finance)- -A Bill to amend and reenact §22-3-11 and §22-3-32 of the Code of West Virginia, 1931, as amended, all relating to special reclamation tax and special tax on coal production; clarifying that both those taxes apply to production of thin seam coal; clarifying that special reclamation is subject to West Virginia Tax Crimes and Penalties Act and West Virginia Tax Procedure and Administration Act; making technical corrections; and deleting obsolete language.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 747) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 3001, Supplementary appropriation to the governor's office, and the department of administration, office of the secretary.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report had been filed at 5:40 p.m. today:
Eng. Com. Sub. for House Bill No. 2592, Relating to the design-build procurement act.
The Senate again proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 444, Establishing offense of careless driving.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Caruth, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Com. Sub. for Senate Bill No. 487, Authorizing use of ballot-marking accessible voting systems.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 521, Requiring study on flood and general property insurance for State Board of 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. 539, Allowing Board of Dental Examiners suspend license of certain dentists.
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. 548, Relating to crime of assault and battery upon Public Service Commission motor carrier inspectors.
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. 558, Relating to management and investment of public funds.
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. 580, Prohibiting political subdivisions from regulating seeds.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 594, Authorizing county commissions adopt ordinances to reduce false alarms.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Prezioso, the following amendment to the bill was reported by the Clerk and adopted:
On page two, section three-oo, line eight, after the word "shall" by inserting the words "provide that on or before the first day of July, two thousand six, county 911 centers will only accept calls from Underwriters Laboratories certified central stations and".
The bill (S. B. No. 594), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 600, Requiring bond review of incarcerated defendants at beginning of new term of court.
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. 620, Relating to speed-measuring devices used by law-enforcement officers; training.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 638, Relating to filing campaign reports in timely manner.
On second 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.
Senate Bill No. 639, Defining "electronic postmark".
On second 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.
Senate Bill No. 640, Allowing notary public and commissioner use stamped imprint.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 662, Relating to maintaining campaign financial records.
On second 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.
Senate Bill No. 664, Providing county clerk assist Secretary of State in determining validity of nominating petitions.
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. 670, Relating to electing supervisors for conservation districts.
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. 674, Relating to textbook sales at public institutions of higher 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. 681, Relating to counterfeit auto inspection stickers; penalty.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 691, Relating to termination of tenancy of factory-built home.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 692, Removing provision certain municipal officers required to have paid real or property taxes prior to election.
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. 701, Eliminating requirement statewide assessment occur at specific grade levels.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 703, Providing consistency in filing procedures for all organization types and cleaning up outdated language.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 735, Relating to cancellation of motor vehicle agreement.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Bowman, Deem, McKenzie and White--5.
Engrossed Senate Bill No. 735 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Bowman, Deem, McKenzie and White--5.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 735) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 736, Repealing superceded sections relating to proffers and conditions for final plat approval.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 737, Establishing time limit for licensing board to issue final ruling.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Bowman, the following amendment to the bill was reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
That §30-1-5 and §30-1-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

§30-1-5. Meetings; quorum; investigatory powers; duties.
(a) Every board referred to in this chapter shall hold at least one meeting each year, at such time and place as it may prescribe by rule, for the examination of applicants who desire to practice their respective professions or occupations in this state and to transact any other business which may legally come before it. The board may hold additional meetings as may be necessary, which shall be called by the secretary at the direction of the president or upon the written request of any three members. A majority of the members of the board constitutes a quorum for the transaction of its business.
(b) The board is authorized to compel the attendance of witnesses, to issue subpoenas, to conduct investigations and hire an investigator and to take testimony and other evidence concerning any matter within its jurisdiction. The president and secretary of the board are authorized to administer oaths for these purposes.
~~(b)~~ (c) Every board referred to in this chapter has a duty to investigate and resolve complaints which it receives and shall, ~~do so in a timely manner~~ within six months of the complaint being filed, send a status report to the party filing the complaint by certified mail with a signed return receipt and, within one year of the status report's return receipt date, issue a final ruling, unless the party filing the complaint and the board agree in writing to extend the time for the final ruling.
(d) Every board shall provide public access to the record of the disposition of the complaints which it receives in accordance with the provisions of chapter twenty-nine-b of this code. Every board has a duty to report violations of individual practice acts contained in this chapter to the board by which the individual may be licensed and shall do so in a timely manner upon receiving notice of such violations. Every person licensed or registered by a board has a duty to report to the board which licenses or registers him or her a known or observed violation of the practice act or the board's rules by any other person licensed or registered by the same board and shall do so in a timely manner. Law-enforcement agencies or their personnel and courts shall report in a timely manner to the appropriate board any violations of individual practice acts by any individual.
~~(c)~~ (e) Whenever a board referred to in this chapter obtains information that a person subject to its authority has engaged in, is engaging in or is about to engage in any act which constitutes or will constitute a violation of the provisions of this chapter which are administered and enforced by that board, it may apply to the circuit court for an order enjoining the act. Upon a showing that the person has engaged, is engaging or is about to engage in any such act, the court shall order an injunction, restraining order or other order as the court may deem appropriate.

§30-1-8. Denial, suspension or revocation of a license or registration; probation; proceedings; effect of suspension or revocation; transcript; report; judicial review.

(a) Every board referred to in this chapter may suspend or revoke the license of any person who has been convicted of a felony or who has been found to have engaged in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct. Where any person has been convicted of a felony or has been found to have engaged in such conduct, practices or acts, every board referred to in this chapter may enter into consent decrees, to reprimand, to enter into probation orders, to levy fines not to exceed one thousand dollars per day per violation, or any of these, singly or in combination. Each board may also assess administrative costs. Any costs which are assessed shall be placed in the special account of the board, and any fine which is levied shall be deposited in the state treasury's general revenue fund.
(b) For purposes of this section, the word "felony" means a felony or crime punishable as a felony under the laws of this state, any other state, or the United States.
(c) Every board referred to in this chapter may promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code to delineate conduct, practices or acts which, in the judgment of the board, constitute professional negligence, a willful departure from accepted standards of professional conduct or which may render an individual unqualified or unfit for licensure, registration or other authorization to practice.
~~(b)~~ (d) Every board referred to in this chapter may revoke the license or registration of an individual licensed or otherwise lawfully practicing within this state whose license or registration in any other state, territory, jurisdiction or foreign nation has been revoked by the licensing authority thereof.
~~(c)~~ (e) Notwithstanding any other provision of law to the contrary, no certificate, license, registration or authority issued under the provisions of this chapter may be suspended or revoked without a prior hearing before the board or court which issued the certificate, license, registration or authority, ~~However, this requirement does not apply in cases where a~~ except:
(1) A board is authorized to suspend or revoke a certificate, license, registration or authority prior to a hearing if the person's continuation in practice constitutes an immediate danger to the public; or
(2) After due diligence, if a board cannot locate a person licensed under the provisions of this chapter within sixty days of a complaint being filed against the licensee, then the board may suspend the license, certificate, registration or authority of the person without holding a hearing. After due diligence, if a board still cannot locate the person licensed under the provisions of this chapter thirty days after the suspension of the person's license, certificate, registration or authority, then the board may revoke the license, certificate, registration or authority of the person without holding a hearing.
~~(d)~~ (f) In all proceedings before a board or court for the suspension or revocation of any certificate, license, registration or authority issued under the provisions of this chapter, a statement of the charges against the holder of the certificate, license, registration or authority and a notice of the time and place of hearing shall be served upon the person as a notice is served under section one, article two, chapter fifty-six of this code, at least thirty days prior to the hearing, and he or she may appear with witnesses and be heard in person, by counsel, or both. The board may take oral or written proof, for or against the accused, as it may consider advisable. If upon hearing the board finds that the charges are true, it may suspend or revoke the certificate, license, registration or authority, and suspension or revocation shall take from the person all rights and privileges acquired thereby.
~~(e)~~ (g) Pursuant to the provisions of section one, article five, chapter twenty-nine-a of this code, informal disposition may also be made by the board of any contested case by stipulation, agreed settlement, consent order or default. Further, the board may suspend its decision and place a licensee found by the board to be in violation of the applicable practice on probation.
~~(f)~~ (h) Any person denied a license, certificate, registration or authority who believes the denial was in violation of this article or the article under which the license, certificate, registration or authority is authorized shall be entitled to a hearing on the action denying the license, certificate, registration or authority. Hearings under this subsection are in accordance with the provisions for hearings which are set forth in this section.
~~(g)~~ (i) A stenographic report of each proceeding on the denial, suspension or revocation of a certificate, license, registration or authority shall be made at the expense of the board and a transcript of the hearing retained in its files. The board shall make a written report of its findings, which shall constitute part of the record.
~~(h)~~ (j) All proceedings under the provisions of this section are subject to review by the supreme court of appeals.
~~(i)~~ (k) On or before the first day of July, two thousand one, every board referred to in this chapter shall adopt procedural rules in accordance with the provisions of article three, chapter twenty-nine-a of this code, which shall specify a procedure for the investigation and resolution of all complaints against persons licensed under this chapter. The proposed legislative rules relating only to complaint procedures or contested case hearing procedures required by the prior enactment of this subsection shall be redesignated as procedural rules in accordance with the provisions of article three, chapter twenty-nine-a of this code. Each board shall file the procedural rules required by this subsection by the thirty-first day of January, two thousand one. The public hearing or public comment period conducted for the proposed legislative rules shall serve as the public hearing or public comment period required by section five, article three, chapter twenty-nine-a of this code.
The question being on the adoption of Senator Bowman's amendment to the bill.
At the request of Senator Bailey, and by unanimous consent, the bill (S. B. No. 737) was advanced to third reading with Senator Bowman's amendment pending and the right reserved to consider other amendments on that reading.
Senate Bill No. 738, Prohibiting employing convicted felons as emergency service personnel and others involved in homeland security.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 741, Exempting farming equipment and livestock from personal property tax.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 743, Allowing preindictment detainees opportunity for bail reduction at change of court term.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 744, Clarifying criteria for employee to sustain lawsuit for intentional injury.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Caruth, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Senate Bill No. 745, Authorizing use of citations in lieu of arrest warrants for certain offenses.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 746, Reducing rate of tax paid on privilege of severing timber after certain date.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill No. 2764, Relating to allowing the Board of Medicine to issue a license to physicians who have been subject to license revocation.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2813, Relating to requirements for certificate of public convenience and necessity.
On second 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.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
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. 12, Establishing English Language Empowerment Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 12 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-1-3, relating to making English the official language of West Virginia.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 12) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 230, Creating crime of negligent homicide by caregiver; penalty.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 230 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-30, relating to creating a new crime of "involuntary manslaughter by a caregiver"; and establishing a penalty and statute of limitations for such crime.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 230) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 236, Requiring training in Alzheimer's disease in certain health care facilities.
And has amended same.
And,
Senate Bill No. 513, Relating to tax credits for qualified centers for economic development and technology advancement.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Walt Helmick,
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. 247, Creating Public Campaign Financing Pilot Project 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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 247) contained in the preceding report from the Committee on the Judiciary 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, with an amendment from the Committee on the Judiciary pending.
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. 419, Creating Pilot Program Local Government Flexibility Act of 2005.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 419 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7- 23-1, §7-23-2 and §7-23-3, all relating to providing that counties, municipalities and county boards of education be allowed relief from certain policies, rules and regulations.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 419) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 424, Relating to conservation and preservation easements.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 424 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §44-1-29, relating to the authority of personal representatives with regard to conservation or preservation of easements; and providing that a personal representative may sell, donate or amend conservation or preservation easements under certain conditions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 424) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 435, Creating method municipal courts can recover certain uncollectible fines.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 435) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 533, Relating to parental notification for abortions performed on unemancipated minors.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 24, 2005;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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
Com. Sub. for Senate Bill No. 617, Authorizing remote dispensing and delivery of prescription drugs.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 24, 2005;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 627, Increasing percentage liquor retail licensee may charge general public and licensed clubs.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 627) contained in the preceding report from the Committee on the Judiciary 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 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. 650, Relating to small claims hearings by Office of Tax Appeals.
And,
Senate Bill No. 657, Providing exemption to time limit for filing petition to appeal decision of Tax Commission.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bills (S. B. Nos. 650 and 657) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
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. 676, Relating to racial profiling.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 676 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17G-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17G-2-3 of said code, all relating to racial profiling; and setting forth types of racial profiling information to be collected during law-enforcement traffic stops.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 676) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 699, Relating to shareholders' simultaneous participation in corporate meeting.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 699) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 700, Creating Community Infrastructure Investment Program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 700 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B- 1B-1, §5B-1B-2, §5B-1B-3, §5B-1B-4, §5B-1B-5, §5B-1B-6, §5B-1B-7, §5B-1B-8 and §5B-1B-9, all relating to the creation of a Community Infrastructure Investment Program within the Department of Commerce; legislative findings; definitions; granting rule-making authority; authority to promulgate emergency rules; establishing process for issuance of certificate of appropriateness; providing for community infrastructure investment agreements; setting minimum terms; authority of Division of Health and Department of Environmental Protection not affected; requiring report to Joint Committee on Government and Finance; providing for administrative fees; establishing exemption from authority of Public Service Commission; and setting time limits for approval.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 700) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 716, Creating Regional Jail Operators Partial Reimbursement Fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 716 (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 §31-20-10b; to amend and reenact §50-3-4a of said code; and to amend and reenact §59-1-28a of said code, all relating to creating the Regional Jail Operations Partial Reimbursement Fund; calculating reimbursement to counties and municipalities; setting date for first reimbursement; and increasing court costs for criminal and civil proceedings.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 716) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 748 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22-11-7a of the Code of West Virginia, 1931, as amended, relating to mitigation; deleting the mitigation requirement for isolated waters; requiring the director to provide credit for mitigation required as a component of the permit issuable by the U. S. Army Corps of Engineers pursuant to 33 U. S. C. §1344 to the extent that it satisfies state requirements.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 748) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Kessler.
Thereafter, at the request of Senator Oliverio, and by unanimous consent, the remarks by Senator Kessler were ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Jenkins, the name of Senator Jenkins was removed as a sponsor of Committee Substitute for Senate Bill No. 245 (Relating to regulating elections).
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,
On motion of Senator Chafin, the Senate adjourned until Monday, March 28, 2005, at 11 a.m.
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