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

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

REGULAR SESSION, 2005

FORTY-NINTH DAY

____________

Charleston, W. Va., Tuesday, March 29, 2005

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

Prayer was offered by the Reverend Jim Kestner, Pineville Southern Baptist Church, Pineville, West Virginia.
Pending the reading of the Journal of Monday, March 28, 2005,
On motion of Senator Dempsey, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2141--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-19-13a, relating to prohibiting persons from soliciting contributions on public highways; and penalties.
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. 2369--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-9, relating to limiting the administration of a voluntary contribution fund or similar benefit plan by members and employees of the West Virginia State Police.
Referred 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. 2426--A Bill to amend and reenact §61-3-39g of the Code of West Virginia, 1931, as amended, relating to notifying persons from out-of-state who issue worthless checks in this state and who, after being duly served with a summons upon a misdemeanor complaint, fail to pay the check and applicable fine or fail to appear in court that a notice of their failure will be sent to the Division of Motor Vehicles to be dealt with according to existing law.
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. 2492--A Bill to amend and reenact §49-5-13d of the Code of West Virginia, 1931, as amended, relating to teen court programs; and authorizing counties to adopt a mandatory fee when a county elects to institute a teen court program to fund the program.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2005, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2578--A Bill to amend and reenact §18-9A-5a and §18-9A-5b of the Code of West Virginia, 1931, as amended, all relating to increasing the ratios of professional and service personnel to students in net enrollment; establishing the ratios for certain school years; making certain findings; stating legislative intent to examine state basic foundation program and address staffing and other needs as indicated by examination; and removing limitation to using ratios for intended increases in personnel.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2603--A Bill to amend and reenact §18A-3- 3a of the Code of West Virginia, 1931, as amended, relating to reimbursement of tuition, registration and other required fees for course work completed by teachers; correcting references to rule- making authority; removing obsolete language; and allowing reimbursement to qualified applicants from funds remaining available for that purpose after certain conditions are met.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2777--A Bill to amend and reenact §18B-13-4 of the Code of West Virginia, 1931, as amended, relating to technical changes concerning the High-Tech research zones, parks and technology centers; and tax incentives relating thereto.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2802--A Bill to amend and reenact §8-11-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17E-1-2, §17E-1-3; §17E-1-5, §17E-1-6, §17E-1-7, §17E-1-8, §17E-1-9, §17E-1-10, §17E-1-11, §17E-1-12, §17E-1-13, §17E-1-14, §17E-1-15, §17E-1-16, §17E-1-17, §17E-1-23 and §17E-1-24 of said code, all relating to updating provisions pertaining to commercial driver's licenses to conform with federal law.
Referred to the Committee on Transportation and Infrastructure; and then 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. 2816--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-1E-1, §5-1E-2, §5-1E-3, §5-1E-4 and §5-1E-5; and to amend and reenact §18-2-6a and §18-2-7a of said code, all relating to promoting healthy lifestyles; creating a Healthy Lifestyles Office in the Department of Health and Human Resources; establishing the functions of the Office; creating a special revenue account; establishing a voluntary private sector partnership program to encourage healthy lifestyles; establishing physical activity requirements in the schools; and encouraging the use of healthy beverages in the vending machines of schools.
Referred to the Committee on Health and Human Resources; then to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2852--A Bill to repeal §5-16-7b of the Code of West Virginia, 1931, as amended; to repeal §5-16C-1, §5-16C-2, §5-16C-3, §5-16C-4, §5-16C-5, §5-16C-6, §5-16C-7, §5-16C-8, §5-16C-9, §5-16C-10 of said code; to repeal §5A-3-1a of said code; to amend and reenact §5A-3C-1, §5A-3C-2, §5A-3C-3, §5A-3C-4, §5A-3C-5, §5A-3C-6, §5A-3C-7, §5A-3C-8, §5A-3C-9, §5A-3C-10, §5A-3C-11, §5A-3C-12, §5A-3C-13, §5A-3C-14, §5A-3C-15, §5A-3C-16 and §5A-3C-17 of said code; to amend said article by adding thereto new sections, designated §5A-3C-18, §5A-3C-19, §5A-3C-20, §5A-3C-21, §5A-3C-22, §5A-3C-23, §5A-3C-24, §5A-3C-25, §5A-3C-26 and §5A-3C-27; to amend and reenact §5F-2-2 of said code; and to amend and reenact §29-22-18a of said code, all relating generally to the creation of the Office of the Pharmaceutical Advocate and the transfer of most of the powers and responsibilities of the Pharmaceutical Cost Management Council to the Pharmaceutical Advocate; legislative findings; defining terms; powers and duties of the Office of the Pharmaceutical Advocate; creation of the cabinet-level position of the Pharmaceutical Advocate; qualifications and salary of the Pharmaceutical Advocate; powers and duties of the Pharmaceutical Advocate; creation of the Pharmaceutical Advisory Council; qualifications of Council members; powers and duties of the Council; reporting requirements of the Council, the Pharmaceutical Advocate and the Office of the Pharmaceutical Advocate; transferring powers and duties of the West Virginia Public Employees Insurance Act to negotiate for and purchase pharmaceuticals to the Pharmaceutical Advocate; transfer of the powers and duties to negotiate and execute prescription drug purchasing agreements to the Pharmaceutical Advocate; transfer of the powers and duties to negotiate and execute pharmacy benefit management contracts to the Pharmaceutical Advocate; establishing the Federal Supply Schedule as a benchmark for the purchase of brand name pharmaceutical drugs; establishing a waiver process for the adjustment of the purchase price of certain pharmaceutical drugs; excluding advertising and marketing costs from the other costs in the waiver process; exempting the Pharmaceutical Advocate from state purchasing requirements; authority to investigate the feasibility of purchasing Canadian drugs; authority to investigate multistate discussion groups and agreements; elimination of the transfer of the clearinghouse program to the state; elimination of the transfer of the pharmaceutical discount program to the state; authorizing the Pharmaceutical Advocate to take advantage of act of congress, accept gifts, grants and matching funds; continuing agency management ability until the Office of the Pharmaceutical Advocate is operational; prohibiting restraint of trade and conforming the standards for same with other provisions of the code; providing civil and criminal penalties for restraint of trade; reporting of advertising costs to the Pharmaceutical Advocate; state role and responsibilities; participation by all state agencies who are payors for prescription drugs; authority for the Pharmaceutical Advocate to investigate participation in a preferred drug list by private individuals, commercial insurance carriers and self-insured companies; rule-making authority; identifying potential use of savings; sunset provisions; severability provision; transfer of the powers and duties of the West Virginia Pharmaceutical Cost Management Council to the Office of the Pharmaceutical Advocate; providing authority for the secretary of each department to cooperate with the Office of the Pharmaceutical Advocate in the purchase of prescription drugs; and elimination of requirement that the Governor focus resources on creation of a prescription drug program from the State Lottery Act.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2005, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2866--A Bill to amend and reenact §15-1B-21 of the Code of West Virginia, 1931, as amended, relating to tuition and fees for guard members at institutions of higher education; and providing for continuation of tuition and fee payments to members after discharge from military service due to wounds or injuries received in the line of duty.
Referred to the Committee on Education; and then to the Committee on Finance.
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. 2890--A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating generally to unlawful methods of hunting and fishing; and making it unlawful to hunt or conduct hunts for a fee where the hunter is not in the same physical location as the wildlife.
Referred to the Committee on Natural Resources.
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. 2990--A Bill to amend and reenact §20-1-17 of the Code of West Virginia, 1931, as amended, relating to permitting the Director of the Division of Natural Resources to set the time and date of the meeting for the convenience of the public.
Referred to the Committee on Natural Resources.
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. 2991--A Bill to amend and reenact §61-5-8 of the Code of West Virginia, 1931, as amended, relating to adults and juveniles in custody or confinement; providing criminal penalties for aiding escape; specifying items that are unlawful to deliver to or be possessed by individuals in custody or confinement; providing criminal penalties for possession of certain items by adults or juveniles in custody or confinement in a jail, state correctional facility, juvenile facility or juvenile detention center; providing criminal penalties for transporting certain items onto the grounds of a jail, state correctional facility, juvenile facility or juvenile detention center; and providing definitions.
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. 2992--A Bill to amend and reenact §61-3E-10 of the Code of West Virginia, 1931, as amended, relating to adding operation of an illegal drug laboratory to the crime of wanton endangerment involving a destructive device, an explosive material or an incendiary device.
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. 3002--A Bill to amend and reenact §3-2-31 of the Code of West Virginia, 1931, as amended, relating to elections generally; deleting the requirement that a voter designate a political party designation at least thirty days before the primary in order to vote in the primary; and providing for the designation to occur no later than the close of voter registration before the primary.
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. 3010--A Bill to amend and reenact §25-1-11a of the Code of West Virginia, 1931, as amended, relating to the duties and responsibilities required of a warden or administrator of a correctional institution.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3012--A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting property acquired by lease-purchase agreement by the state, a county, district, city, village, town or other political subdivision, state college or university from property tax.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3016--A Bill to amend and reenact §30-40-5 of the Code of West Virginia, 1931, as amended, relating to excepting the making of appointments by secretaries of licensed real estate brokers and salespersons with buyers and sellers or potential buyers and sellers of real estate from the scope of practice of real estate brokerage subject to licensing.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3152--A Bill to amend and reenact §29-12- 5a of the Code of West Virginia, 1931, as amended, relating to liability insurance for county boards of education, their employees and members, the county superintendent of schools and for employees and officers of the State Department of Corrections; and clarifying that the Board of Risk and Insurance Management is not required to provide insurance for every property, activity or responsibility.
Referred to the Committee on Banking and Insurance; then to the Committee on Education; and then to the Committee on Finance.
The Senate proceeded to the sixth order of business.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 73--Requesting the Division of Highways name the bridge on U. S. Route 119 at Miller's Creek, Mingo County, also known as the North Nolan Bridge, the "Arnold J. Starr Memorial Bridge".
Whereas, Arnold J. Starr was born January 22, 1906, the son of Minnis and Nancy Marcum Starr; and
Whereas, Arnold J. Starr knew the importance of education. He attended Morehead State University in Kentucky, Concord College in Athens, Mercer County, and graduated with a degree in Early Childhood Education from Marshall University; and
Whereas, Arnold J. Starr was an educator in Mingo County and served as principal of Naugatuck Grade School and Red Jacket Junior High School. He also served as coach of the boys' basketball team; and
Whereas, In the 1940s, Arnold J. Starr operated a grocery store in Williamson until he was elected Mingo County Assessor, a position he held until January 1973. While serving as Assessor, he also served as President of the West Virginia County Officials Association and as a member of the West Virginia Assessors Association; and
Whereas, After leaving public service as an elected official, Arnold J. Starr continued to serve his community as an ordained minister. He also served the State of West Virginia in the National Guard where he obtained the rank of 1st Lieutenant. He was very active in a number of civic-minded organizations as well; and
Whereas, It is fitting that a lasting tribute be established to recognize the outstanding dedication and commitment Arnold J. Starr made to the State of West Virginia as an educator, elected county official and minister; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge on U. S. Route 119 at Miller's Creek, Mingo County, also known as the North Nolan Bridge, the "Arnold J. Starr Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Arnold J. Starr Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Senator Sharpe offered the following resolution:
Senate Resolution No. 29--Urging the United States Congress enact legislation regarding reduction targets for nitrogen oxide, sulfur dioxide and mercury at reasonable and appropriate levels that will provide stability and maximum flexibility to electric power generators in meeting air quality targets while maintaining electric power reliability, availability and affordability.
Whereas, The State of West Virginia, its citizens and its industries have a shared interest in improving air quality; and
Whereas, The quality of life in this state depends on a reliable supply of electric power; and
Whereas, The state's electric power generators must comply with multiple and sometimes overlapping air quality requirements, the interpretation of which is often decided in courts of law; and
Whereas, The time involved in emission reduction-related litigation often reduces the time available for the installation of emission-reduction technologies and increases the costs of compliance which are eventually passed on to consumers; and
Whereas, Congress has an opportunity to adopt a federal, integrated strategy that establishes aggressive but reasonable time frames and reduction targets for the nation's three highest priority electric power plant emissions: Nitrogen oxide, sulfur dioxide and mercury; and
Whereas, Such a multiemission strategy will minimize interstate regulatory compliance conflicts, lessen the need for costly, time-consuming litigation, allow for the design and deployment of more cost-effective technologies and continue the nation's progress for reducing potentially harmful emissions as cost-effectively as possible without negatively impacting the reliability of the nation's power supplies; therefore, be it
Resolved by the Senate:
That the Senate hereby urges the United States Congress enact legislation regarding reduction targets for nitrogen oxide, sulfur dioxide and mercury at reasonable and appropriate levels that will provide stability and maximum flexibility to electric power generators in meeting air quality targets while maintaining electric power reliability, availability and affordability; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to West Virginia's congressional delegation and to the Governor.
Which, under the rules, lies over one day.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 12, Making English official language of state.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--30.
The nays were: Foster, Hunter, McCabe and White--4.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 12) 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. 223, Relating to vesting retirement benefits for certain members of 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, Boley, 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)--33.
The nays were: Plymale--1.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 223) 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. 230, Creating crime of "involuntary manslaughter by caregiver"; penalty.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 230) 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. 237, Allowing municipalities to increase hotel occupancy tax.
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 White 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, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Sharpe, Sprouse and Tomblin (Mr. President)--24.
The nays were: Boley, Bowman, Deem, Harrison, Jenkins, Plymale, Unger, Weeks and Yoder--9.
Absent: None.
Excused from voting: White--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. 237) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 245, Relating to regulating elections.
On third reading, coming up in regular order, with Senator Sprouse's amendment pending, and with the right having been granted on yesterday, Monday, March 28, 2005, for other amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Sprouse, the following pending amendment to the bill was again reported by the Clerk:
On page thirty-nine, section eight, line one hundred two, after the word "corporation" by inserting the words "or labor organization".
The question being on the adoption of Senator Sprouse's amendment to the bill.
At the request of Senator Kessler, unanimous consent being granted, further consideration of the bill (Com. Sub. for S. B. No. 245) and Senator Sprouse's pending amendment was deferred until the conclusion of bills on today's third reading calendar.
Eng. Com. Sub. for Senate Bill No. 287, Transferring authority to propose water quality standard rules to Department of Environmental Protection.
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: Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Weeks, Yoder and Tomblin (Mr. President)--27.
The nays were: Bailey, Barnes, Foster, Hunter, Sprouse, Unger and White--7.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 287) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Weeks, Yoder and Tomblin (Mr. President)--27.
The nays were: Bailey, Barnes, Foster, Hunter, Sprouse, Unger and White--7.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 287) 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. 289, Allowing fill material in waters of state; definition.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Weeks, Yoder and Tomblin (Mr. President)--30.
The nays were: Chafin, Hunter, Unger and White--4.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 289) 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. 348, Clarifying when audits are required of state funds or grants; penalty.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 348) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 348) 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. 382, Authorizing Department of Administration promulgate legislature 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, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: Minard--1.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 382) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: Minard--1.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 382) 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. 419, Providing governmental entities relief from certain policies, rules and regulations.
On third reading, coming up in regular order, was read a third time and put upon its passage.
At the request of Senator Boley, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar, following consideration of Committee Substitute for Senate Bill No. 245, already placed in that position.
Eng. Com. Sub. for Senate Bill No. 424, Relating to conservation and preservation easements.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 424) 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. 435, Creating method municipal courts can recover certain uncollectible fines.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 435) 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. 471, Exempting homeowners' associations from consumers sales and service tax on certain fees.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 471) 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. 473, Relating to crime of cyber-shoplifting.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 473) 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. 526, Allowing credit against taxpayer's tax liability for contributions to community foundations.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 526) 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. 530, Amending list of prohibited political activities by deputy sheriffs and municipal police officers.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, 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: Chafin--1.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 530) 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. 533, Relating to parental notification for abortions performed on unemancipated minors.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Foster and McCabe--2.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 533) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Foster and McCabe--2.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 533) 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. 576, Allowing Insurance Commission to add certain health care services.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 576) passed.
On motion of Senator Minard, 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. 576--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, podiatric care services, clinic-based care services and chiropractic services to the definition of "limited health service"; and authorizing the Insurance Commissioner to add other services to such definition.
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. 588, Relating to cruelty to animals and intervention program for certain youths.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 588) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
O
n page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 588--A Bill
to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-5-13f; and to amend and reenact §61-8-19 of said code, all relating to Animal Cruelty Early Intervention Program for juveniles; expanding the definition of cruelty to animals; increased criminal penalties for cruelty to animals; and allowing judges to require that offenders complete an anger management program.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 589, Relating to county boards of education sharing services of central office administrative personnel.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 589) 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. 614, Updating meaning of certain terms used in Corporation Net Income Tax 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: Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Bailey and Barnes--2.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 614) 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. 617, Authorizing remote dispensing and delivery of prescription drugs.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 617) 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. 622, Clarifying exemption for property used by certain not-for-profit, tax-exempt corporations.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minear, Oliverio, Plymale, Prezioso, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Minard and Sharpe--2.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 622) 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. 623, Updating meaning of certain terms used in Personal Income Tax 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, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 623) 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. 629, Making technical change in computation of tax for nonresidents and part-year residents.
On third reading, coming up in regular order, with the right having been granted on yesterday, Monday, March 28, 2005, for amendments to be received on third reading, was reported by the Clerk.
There being no amendments offered,
The bill was then ordered to engrossment.
Engrossed Senate Bill No. 629 was read a third time and put upon its passage.
On the passage of the bill the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 629) 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. 638, Relating to filing campaign reports in timely manner.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 638) 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. 639, Defining "electronic postmark".
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 639) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 639) 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. 641, Correcting definitions applicable to assessment of real property and homestead property tax exemption.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 641) 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. 643, Relating to taxable income of resident estate or trust.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 643) 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. 644, Defining certain terms used in consumers sales and service tax.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: Sprouse--1.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 644) 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. 667, Relating to motor fuel excise tax.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 667) 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. 669, Transferring certain election duties from circuit clerk to clerk of county 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, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 669) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 676, Relating to racial profiling during traffic stops.
On third reading, coming up in regular order, with the right having been granted on yesterday, Monday, March 28, 2005, for amendments to be received on third reading, was reported by the Clerk.
On motions of Senators Hunter, Unger and Oliverio, the following amendments to the bill were reported by the Clerk:
On page four, section two, line forty-four, after the word "origin" by striking out the comma and the words "gender and age" and inserting in lieu thereof the words "and gender";
On page four, section two, after line forty-five, by inserting a new subdivision, designated subdivision (b), to read as follows:
"(b) The reason for the stop;";
On page four, section two, line forty-six, by striking out "(b)" and inserting in lieu thereof "(c)";
On page four, section two, after line forty-six, by inserting a new subdivision, designated subdivision (d), to read as follows:
"(d) An identification number for the officer's patrol area to be established by the head of the officer's law-enforcement agency;";
And,
By relettering the remaining subdivisions.
Senator Deem requested unanimous consent that further consideration of the bill be deferred until the conclusion of bills on today's second reading calendar.
Which consent was not granted, Senator Hunter objecting.
Senator Deem then moved that further consideration of the bill be deferred until the conclusion of bills on today's second reading calendar.
The question being on the adoption of Senator Deem's aforestated motion.
At the request of Senator Hunter, and by unanimous consent, his foregoing objection was withdrawn.
Thereafter, further consideration of the bill (Com. Sub. for S. B. No. 676) and the pending amendments offered by Senators Hunter, Unger and Oliverio was deferred until the conclusion of bills on today's second reading calendar.
Eng. Senate Bill No. 684, Relating to imposition of tax on privilege of severing natural gas or oil.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 684) 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. 699, Relating to shareholders' simultaneous participation in corporate meeting.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 699) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 699) 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. 700, Creating Community Infrastructure Investment Program within Department of Commerce.
On third reading, coming up in regular order, was read a third time and put upon its passage.
At the request of Senator McCabe, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Senate Bill No. 705, Delaying effective date of Municipal Sales and Service Tax and Municipal Use Tax.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: Sprouse--1.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 705) 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. 716, Creating Regional Jail Operators Partial Reimbursement Fund.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 716) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 716) 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. 748, Providing credit for mitigation required as component of Army Corps of Engineers.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 748) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator McCabe, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
On motion of Senator Chafin, the Senate recessed for five minutes.
Upon expiration of the recess, the Senate reconvened and resumed business under the eighth order.
The end of today's third reading calendar having been reached, the Senate returned to the consideration of
Com. Sub. for Senate Bill No. 245, Relating to regulating elections.

On third reading, coming up in deferred order, with Senator Sprouse's amendment pending, and with the right having been granted on yesterday, Monday, March 28, 2005, for amendments to be received on third reading, was again reported by the Clerk.
At the request of Senator Sprouse, and by unanimous consent, Senator Sprouse's pending amendment to the bill (shown in the Senate Journal of today, page 20) was withdrawn.
On motion of Senator Kessler, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page fourteen, section two-b, line twenty-two, after the word "therein;" by inserting the word "and";
On pages fourteen and fifteen, section two-b, by striking out all of subdivision (5);
And renumbering the remaining subdivision;
And,
On page thirty-nine, section eight, by striking out all of paragraph (J).
The bill, as just amended, was ordered to engrossment .
Engrossed Committee Substitute for Senate Bill No. 245 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 245) passed.
On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 245--A Bill
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; 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.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Action as to Engrossed Committee Substitute for Senate Bill No. 245 having been concluded, the Senate proceeded to the consideration of
Eng. Com. Sub. for Senate Bill No. 419, Providing governmental entities relief from certain policies, rules and regulations .
Having been read a third time in earlier proceedings today, and now coming up in deferred order, was again reported by the Clerk.
The question being "Shall Engrossed Committee Substitute for Senate Bill No. 419 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 419) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 419) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 236, Requiring training in Alzheimer's disease in certain health care facilities.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
On page two, section six, line seven, by striking out the word "Training" and inserting in lieu thereof the words "The training";
And,
On page two, section six, line fifteen, by striking out the word "Training" and inserting in lieu thereof the words "The training".
The bill (S. B. No. 236), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 240, Granting state employees paid leave for organ donation.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page two, section twenty-eight, lines one and two, by striking out the words "two hundred forty" and inserting in lieu thereof the words "one hundred twenty".
The bill (S. B. No. 240), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 267, Providing funding for teen court programs.
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. 277, Creating Animal Regulation Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 417, Providing for organization and joint ownership of county and municipal development authorities.
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. 428, Relating to Rehabilitation Environmental Action Plan.
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. 450, Prohibiting compensation of board of examination or registration members for certain travel days.
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. 477, Requiring paper copy of vote when using electronic voting system.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
On page five, section nine, line seventy, by striking out the word "must" and inserting in lieu thereof the word "shall";
On page five, section nine, line seventy-four, by striking out the word "will" and inserting in lieu thereof the word "shall";
On page five, section nine, line seventy-four, by striking out the word "such" and inserting in lieu thereof the word "the";
On page five, section nine, line seventy-five, by striking out the word "therein" and inserting in lieu thereof the words "in the storage containers";
On page six, section nine, line eighty-seven, by striking out the word "will" and inserting in lieu thereof the word "shall";
On page six, section nine, line eighty-eight, by striking out the word "will" and inserting in lieu thereof the word "shall";
On page ten, section nine, line one hundred eighty-one, by striking out the words "are to";
On page eleven, section nine, line one hundred ninety, after the word "and" by striking out the word "to";
And,
On page eleven, section twenty-eight, line six, by striking out the word "must" and inserting in lieu thereof the word "shall".
The bill (Com. Sub. for S. B. No. 477), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 485, Relating to powers and duties of Board of Pharmacy.
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. 502, Relating to state pensions and retirement generally.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 513, Relating to tax credits for qualified centers for economic development and technology advancement.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page four, section eight, line forty-one, after the word "qualified" by changing the period to a colon and inserting the following proviso: And provided further, That not more than one million dollars of the credits allowed in this subdivision may be allocated to companies in the same county.
The bill (S. B. No. 513), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 524, Transferring centralized accounting system from Department of Administration to Auditor's Office.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 536, Relating to creation and modification of public service districts.
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. 561, Authorizing Greater Huntington Park and Recreation District impose fees and issue revenue bonds.
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. 575, Authorizing crossbow hunting for disabled persons.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 628, Establishing State Trails Coordinator.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
On page two, section one, line four, by striking out the word "hereby";
On page two, section one, line eight, after the word "provide" by inserting the word "an";
On page two, section one, line ten, by striking out the word "utilizing" and inserting in lieu thereof the word "using";
On page three, section one, line thirty, by striking out the word "utilize" and inserting in lieu thereof the word "use";
On page three, section one, line thirty-five, by striking out the word "such" and inserting in lieu thereof the word "that";
On page four, section two, line one, by striking out the word "hereby";
On page five, section two, line twenty-seven, by striking out the word "such" and inserting in lieu thereof the word "these";
On page five, section two, line thirty-one, by striking out the words "the following powers and duties" and inserting in lieu thereof the word "may";
On page six, section two, line fifty-six, after the word "Committee;" by inserting the word "and";
On page nine, section three, lines forty-seven and forty- eight, by striking out the words "may not be" and inserting in lieu thereof the words "are not";
On page nine, section three, line fifty-four, by striking out the word "shall";
On page nine, section three, line sixty-seven, by striking out the words "purpose of the";
On page nine, section three, line sixty-eight, by striking out the words "is to" and inserting in lieu thereof the word "shall".
On page eleven, after section four, by adding a new section, designated section five, to read as follows:
§17-27-5. Continuation of the State Trails Coordinator and State Trails Advisory Committee.

The State Trails Coordinator and State Trails Advisory Committee shall continue to exist, pursuant to the provisions of article ten, chapter four of this code, until the first day of July, two thousand eight, unless sooner terminated, continued or reestablished pursuant to the provisions of that article.;
And,
On page one, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §17-27-1, §17-27-2, §17-27-3, §17-27-4 and §17-27-5, all to read as follows:.
The bill (S. B. No. 628), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 650, Relating to small claims hearings by Office of Tax Appeals.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 657, Providing exemption to time limit for filing petition to appeal decision of Tax Commission.
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. 666, Relating to exemptions for certain insurance companies from business franchise tax and corporation net income tax.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
On page two, section seven, line twenty-one, after the word "code" by changing the colon to a semicolon and striking out the proviso;
And,
On page six, section five, line eight, after the word "code" by changing the colon to a period and striking out the proviso.
The bill (Com. Sub. for S. B. No. 666), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 680, Changing filing time for subcontractor's lien.
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. 717, Permitting Wetzel County Hospital provide alternate retirement plan for new employees. On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 728, Relating to disposition of state surplus property.
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. 740, Relating to conducting inventory of technology infrastructure in state; other provisions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 749, Authorizing change in official name of public service district in certain cases.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. House Bill No. 3001, Supplementary appropriation to the governor's office, and the department of administration, office of the secretary.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page seven, after line ninety-eight, by inserting the following:
That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand five, to fund 0293, fiscal year 2005, organization 0432, be supplemented and amended by increasing and adding to the total appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from general revenue.
DEPARTMENT OF EDUCATION AND THE ARTS

41-Division of Culture and History

(WV Code Chapter 29)

Fund 0293 FY 2005 Org 0432

General
Act-Revenue
ivityFund

1
Personal Services
001$28,500

3
Employees Benefits
010
22,000

The bill (Eng. H. B. No. 3001), as amended, was then ordered to third reading.
Eng. House Bill No. 3181, Supplementary appropriation to the bureau of commerce, economic development authority.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The end of today's second reading calendar having been reached, the Senate returned to the consideration of
Com. Sub. for Senate Bill No. 676, Relating to racial profiling during traffic stops.
On third reading, coming up in deferred order, with amendments offered by Senators Hunter, Unger and Oliverio pending, and with the right having been granted on yesterday, Monday, March 28, 2005, for amendments to be received on third reading, was again reported by the Clerk.
The question being on the adoption of the pending amendments offered by Senators Hunter, Unger and Oliverio to the bill (shown in the Senate Journal of today, pages 43 and 44, inclusive).
Senator Hunter then requested a division of the question contained in the amendments offered by Senators Hunter, Unger and Oliverio.
The President then stated that, without objection, the question would be divided; and the body would first vote on the amendment offered by Senators Hunter, Unger and Oliverio to the bill (Com. Sub. for S. B. No. 676) on page four, section two, line forty-four, after the word "origin" by striking out the comma and the words "gender and age" and inserting in lieu thereof the words "and gender".
At the request of Senator Hunter, and by unanimous consent, the amendment offered by Senators Hunter, Unger and Oliverio to the bill was withdrawn.
The question now being on the adoption of the amendments offered by Senators Hunter, Unger and Oliverio to the bill (Com. Sub. for S. B. No. 676) on page
four, section two, after line forty-five, by inserting a new subdivision, designated subdivision (b), to read as follows:
"(b) The reason for the stop;";
On page four, section two, line forty-six, by striking out "(b)" and inserting in lieu thereof "(c)";
On page four, section two, after line forty-six, by inserting a new subdivision, designated subdivision (d), to read as follows:
"(d) An identification number for the officer's patrol area to be established by the head of the officer's law-enforcement agency;";
And,
By relettering the remaining subdivisions.
The question being on the adoption of the foregoing amendments offered by Senators Hunter, Unger and Oliverio to the bill, the same was put and prevailed.
The bill, as just amended, was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 676 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 676) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Unger, from the Committee on
Transportation and Infrastructure , submitted the following report, which was received:
Your Committee on
Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 74 (originating in the Committee on
Transportation and Infrastructure )---Requesting the Joint Committee on Government and Finance study the fiscal affairs of West Virginia's publicly and privately owned and operated water and sewer utilities.
Whereas, West Virginia's public water and sanitary sewer utilities manage millions of dollars of public property; and
Whereas, Proper operational and fiscal management of these utilities in accordance with good business practice is critical to quality of life, positive business climate and economic development in West Virginia; and
Whereas, Levels of federal funds available to support the operation, maintenance, improvement, renewal and expansion of these facilities are diminishing; and,
Whereas, It is critical to West Virginia's future that these utilities are managed in a manner that promotes fiscal strength, financial flexibility and independence while providing service at just and reasonable rate levels; and
Whereas, The Public Service Commission of West Virginia is empowered by statutory authority to provide regulatory oversight of public utilities within the state on behalf of its citizens; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the fiscal affairs of West Virginia's publicly and privately owned and operated water and sewer utilities; and, be it
Further Resolved, That the Joint Committee on Government and Finance's study should include, at a minimum, the following: Operating revenues per customer; operating income per customer; total assets per customer; current assets per customer; current and financial assets per customer; restricted assets per customer; return on assets (net of plant); debt service coverage ratio; debt ratio; operating and maintenance expense per customer; infrastructure renewal rate; and average residential bill at a typical usage rate; and, be it
Further Resolved, That the Joint Committee on Government and Finance's study should compare and report upon the same issues for three utilities in other states corresponding to each class of utility in West Virginia. A representative utility should have a "AA" bond rating or higher, as designated by Standard & Poor's or another credible bond rating agency; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Bowman and Kessler.
Thereafter, at the request of Senator Prezioso, and by unanimous consent, the remarks by Senator Bowman were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate recessed until 6 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. Com. Sub. for House Bill No. 3033--A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating generally to the special reclamation tax; extending the imposition of a temporary tax on clean coal mined for deposit into the special reclamation fund for an additional period; and providing duties for the Secretary of the Department of Environmental Protection in managing the special reclamation program.
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.
The Senate again 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 29th day of March, 2005, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 413), Relating generally to financially related activities of state-chartered banking institutions.
And,
(S. B. No. 476), Allowing use of red-colored artificial light when hunting coyotes.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 587, Relating to appointment of counsel in abuse and neglect cases.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 23, 2005;
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. 587) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third 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. 646, Excluding certain homeowners' associations proceeds from business and occupation tax.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 646 (originating in the Committee on Finance)--A Bill to amend and reenact §11-13-1 and §11-13-3 of the Code of West Virginia, 1931, as amended, all relating generally to business and occupation tax; exempting from tax gross income received by nonprofit homeowners associations for community services to members; deleting obsolete language; and making technical corrections.
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. 646) 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. 675, Allowing county board of education enter into lease-purchase agreements.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 28, 2005;
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. 675) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third 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. 729, Authorizing magistrate courts order home incarceration.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 729 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §62-11B-4 of the Code of West Virginia, 1931, as amended, relating to authorizing magistrate courts to order home incarceration as a condition of bail when doing so consistent with guidelines promulgated by the Supreme Court of Appeals.
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 Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of Committee Substitute for Senate Bill No. 729 contained in the foregoing report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 729) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 750 (originating in the Committee on Education)--A Bill to repeal §18-9A-8a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-9A-27, relating to changing the method for determining the amount of funding for regional education service agencies.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (S. B. No. 750) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, Weeks, Yoder and Tomblin (Mr. President)--32.
The nays were: Sprouse--1.
Absent: White--1.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 750 was then read a third time and put upon its passage.
At the request of Senator Plymale, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
The Senate again proceeded to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Kessler, the Senate requested the return from the House of Delegates of
Eng. Com. Sub. for Senate Bill No. 245, Relating to regulating elections.
Having been advanced to third reading with the right to amend on yesterday, Monday, March 28, 2005, and having been amended and passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Kessler, the Senate reconsidered the vote as to the title amendment and passage.
The vote thereon having been reconsidered,
Thereafter, on motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
On page fifteen, section two, line thirty-six, by striking out the words "subdivisions (5) and (6)" and inserting in lieu thereof the words "subdivision (5)".
The bill (Eng. Com. Sub. for S. B. No. 245), as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 245 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: White--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. 245) passed.
On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
O
n pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 245--
A Bill 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; 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.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Helmick, and by unanimous consent, the Senate returned to the consideration of
Eng. Senate Bill No. 628, Establishing State Trails Coordinator.
Having been read a second time, amended and ordered to engrossment and third readings in earlier proceedings today.
On motion of Senator Helmick, the Senate reconsidered the vote by which in prior proceedings today it adopted the Finance committee amendment to the bill on page eleven, after section four, by adding a new section, designated section five, to read as follows:
§17-27-5. Continuation of the State Trails Coordinator and State Trails Advisory Committee.

The State Trails Coordinator and State Trails Advisory Committee shall continue to exist, pursuant to the provisions of article ten, chapter four of this code, until the first day of July, two thousand eight, unless sooner terminated, continued or reestablished pursuant to the provisions of that article.
The vote thereon having been reconsidered,
The question again being on the adoption of the Finance committee amendment to the bill.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent being granted, the foregoing Finance committee amendment to the bill was withdrawn.
On motion of Senator Helmick, the following amendment to the bill (Eng. S. B. No. 628) was reported by the Clerk and adopted:
On page eleven, after section four, by adding a new section, designated section five, to read as follows:
§17-27-5. State Trails Coordinator and State Trails Advisory Committee continued.

Pursuant to the provisions of article ten, chapter four of this code, the State Trails Coordinator and State Trails Advisory Committee shall continue to exist until the first day of July, two thousand eight, unless sooner terminated, continued or reestablished.
The bill (Eng. S. B. No. 628), as just amended, was again ordered to engrossment and third reading.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, March 30, 2005, at 11 a.m.
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