WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
TWENTY-THIRD DAY
____________
Charleston, W. Va., Thursday, February 2, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Chuck Lawrence, Christ Temple
Church, Huntington, West Virginia.
Pending the reading of the Journal of Wednesday, February 1,
2006,
On motion of Senator Bailey, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4006--A Bill to amend and
reenact §20-14-2 of the Code of West Virginia, 1931, as amended, relating to adding the counties of Kanawha, Mercer and Raleigh as
participating members of the Hatfield-McCoy Regional Recreation
Authority.
Referred to the Committee on Government Organization; 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. 4032--A Bill to amend and
reenact §5-10D-1 of the Code of West Virginia, 1931, as amended,
relating to authorizing the Consolidated Public Retirement Board to
recover from a participating employer that fails to pay
contributions due in a timely manner, amounts not to exceed
interest or other earnings lost as a result of the untimely
payment, or a reasonable minimum fee, whichever is greater, as
provided by legislative rule; requiring that any amounts recovered
shall be administered in the same manner in which the contributions
are required to be administered; and making technical corrections.
Referred to the Committee on Pensions; 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. 4034--A Bill to repeal §5-
10-43 of the Code of West Virginia, 1931, as amended; and to amend
and reenact §5-10-26, §5-10-44 and §5-10-54 of said code, all
relating to the Public Employees Retirement System; removing the
requirement that a no longer disabled employee must return to his
or her former job; permitting administrative hearings before
disability retirement termination; requiring a reemployment list;
clarifying procedures for reapplication by disability retirants
whose benefits were terminated for economic causes; correcting
errors; terminating benefits for knowingly making false statements
or permitting false records to be filed with the Consolidated
Public Retirement Board in an attempt to defraud the system; and
requiring notification to the appropriate county prosecutor.
Referred to the Committee on Pensions; 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. 4047--A Bill to amend and
reenact §7-7-4 of the Code of West Virginia, 1931, as amended,
relating to prosecuting attorneys generally; providing that a
prosecuting attorney for a Class VI county which subsequently
becomes a Class V county may remain part-time; and providing that the part-time attorney be compensated at the Class VI county level.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4052--A Bill to amend and
reenact §48-27-307 of the Code of West Virginia, 1931, as amended,
relating to domestic violence generally; and providing that alleged
victims may have a person of their choice to accompany them when
being interviewed by law-enforcement personnel or the prosecuting
attorney except when the accompanying person is the person accused
of domestic violence in the petition sought.
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. 4068--A Bill to amend and reenact §62-12-
10 of the Code of West Virginia, 1931, as amended, relating to
limiting the eligibility of a person for parole if the person has
violated the terms and conditions of probation or home
incarceration.
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. 4239--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §21A-1-9, relating to continuation of the Division of
Unemployment Compensation.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 20--Naming the bridge which
traverses Buffalo Creek on State Route 2 at the southern entrance
to Wellsburg in Brooke County the "John G. Chernenko Bridge".
Whereas, John G. Chernenko served this state with honor and
distinction as a State Senator, being elected to that position of
high honor and trust on three separate occasions, in 1982, 1986 and
1990; and
Whereas, Before serving this state as a State Senator, John G.
Chernenko selflessly served this country with great courage and
dedication, going well above and beyond the call of duty, as a
soldier in the United States Army during World War II, enduring
great hardship and sacrifice as a prisoner of war, and being awarded the Purple Heart with cluster and Bronze Star (five
campaigns) as the result of the heroism he exhibited on the field
of battle; and
Whereas, In 1961 he continued his service to his country as he
was appointed by President John F. Kennedy to be the United States
Marshal for the Northern District of West Virginia, a position to
which he was reappointed by President Lyndon B. Johnson in 1965 and
in which he served until 1969; and
Whereas, As a State Senator, Senator Chernenko served as
Majority Whip, Chairman of the Labor Committee and member of the
Energy, Industry and Mining, Finance, Government Organization,
Health and Human Resources, Military and Select Committee on
Redistricting; and
Whereas, As a small token of this Legislative body's immense
and genuine appreciation for Mr. Chernenko's service, dedication
and courage, as a soldier, legislator and leader, it is desired
that the bridge traversing Buffalo Creek at the southerly entrance
to Mr. Chernenko's beloved Wellsburg in Brooke County be named the
"John G. Chernenko Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the
bridge which traverses Buffalo Creek on State Route 2 at the
southern entrance to Wellsburg in Brooke County the "John G. Chernenko Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to post signs at each entrance and exit of the above-
designated bridge, with words, printed in bold and prominent
fashion, proclaiming the "John G. Chernenko Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby requested to provide a certified copy of this resolution to
the following: Marc B. Chernenko, 170 Sycamore Street, Wellsburg,
West Virginia 26070; the Department of the United States Army in
Washington, D. C.; and to the State Commissioner of Highways.
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 47, Prohibiting local ordinances from
discriminating against factory-built housing.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 47 (originating in the Committee
on Government Organization)--A Bill to amend and reenact §8A-11-1 of the Code of West Virginia, 1931, as amended, relating to
factory-built homes; updating compliance documentation for evidence
in a court case; and clarifying regulation by local governments.
And,
Senate Bill No. 157, Allowing municipalities use certain
information to collect debts.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 157 (originating in the
Committee on Government Organization)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §8-13-13a, relating to municipalities; and allowing
municipal treasurers to obtain limited information to collect debts
owed to the municipality.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bills (Com. Sub. for S. B. Nos. 47 and 157), under the
original double committee references, were then referred to the
Committee on the Judiciary.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 69, Increasing equity investments of municipal
policemen's and firemen's pension and relief funds.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 71, Relating to development of commercial
prisons.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 71 (originating in the Committee
on Government Organization)--A Bill to amend and reenact §25-5-1, §25-5-2, §25-5-4, §25-5-5, §25-5-8, §25-5-11, §25-5-12, §25-5-15,
§25-5-19 and §25-5-20 of the Code of West Virginia, 1931, as
amended, all relating to commercial prisons; setting forth
legislative findings; requiring Commissioner of the Division of
Corrections to develop certain plans; requiring the commissioner to
annually make recommendations on whether to continue prison
vendors' contracts; providing that the Secretary of the Department
of Military Affairs and Public Safety may renew prison vendor
contracts annually; restricting certain offenders from being
incarcerated in commercial prison facilities; reducing the amount
of time that a contractor has to abate a violation; prescribing the
number of commissioner's representatives that may be employed at
each commercial facility for monitoring purposes; increasing
bonding requirements for contractors; requiring background checks
for employees at commercial facilities; and requiring contractors
to be responsible for certain costs.
With the recommendation that the committee substitute do pass;
but under the original triple committee reference first be referred
to the Committee on the Judiciary; and then to the Committee on
Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 71), under the original
triple committee reference, was referred to the Committee on the
Judiciary; and then to the Committee on Finance.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 174, Relating to State Police disability
retirement benefits.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 174 (originating in the
Committee on Pensions)--A Bill to amend and reenact §15-2-31a and
§15-2-37 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §15-2-
52, all relating to the State Police Death, Disability and
Retirement Fund; clarifying earnings information required;
requiring examination of certain records; clarifying substantial
gainful activity, establishing earnings limits and providing for
annual adjustment; authorizing benefit termination for and
reapplication by disability retirants terminated for failure to
maintain eligibility due to income or type of employment; requiring
medical exam at applicants expense on reapplication; clarifying
reinstatement for reenlisting members; and providing for termination and recovery of benefits for misrepresentation.
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,
Dan Foster,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Pensions.
Senator Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 299, Authorizing Department of Agriculture
promulgate legislative rule relating to animal disease control.
Senate Bill No. 300, Authorizing Department of Agriculture
promulgate legislative rule relating to certified pesticide
applicators.
Senate Bill No. 301, Authorizing Department of Agriculture
promulgate legislative rule relating to integrated pest management
programs in schools and day care centers and facilities.
Senate Bill No. 304, Authorizing State Conservation Committee promulgate legislative rule relating to committee.
And,
Senate Bill No. 407, Authorizing Board of Veterinary Medicine
promulgate legislative rule relating to certified animal euthanasia
technicians.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Larry J. Edgell,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 302, Authorizing Department of Agriculture
promulgate legislative rule relating to Voluntary Farmland
Protection Program.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
Larry J. Edgell,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 364, Removing sunset provision from West
Virginia Jobs Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 364 (originating in the
Committee on Government Organization)--A Bill to repeal §21-1C-7 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §21-1C-5 of said code, relating to continuing the West
Virginia Jobs Act; and requiring annual reports by the Division of
Labor.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 408, Authorizing Board of Veterinary Medicine
promulgate legislative rule relating to schedule of fees.
And reports the same back with the recommendation that it do
pass; but with the recommendation that it first be referred to the
Committee on Finance; and then, under the original double committee
reference, to the Committee on the Judiciary.
Respectfully submitted,
Larry J. Edgell,
Chair.
On motion of Senator Love, the bill (S. B. No. 408) contained
in the foregoing report from the Committee on Agriculture was
referred to the Committee on Finance; and then, under the original
double committee reference, to the Committee on the Judiciary.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Tomblin (Mr. President), Jenkins and Minard:
Senate Bill No. 462--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §29-1B-8, relating to filing interstate compacts in the
office of the Secretary of State; time for filing; additional
information required; indexing documents; public inspection of
compacts; and compacts entered into prior to effective date of this
section to be filed.
Referred to the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 463--A Bill to amend and reenact §30-3-10 of
the Code of West Virginia, 1931, as amended, relating to the
modification of qualifications to obtain a license to practice
medicine and surgery in the state.
Referred to the Committee on Government Organization.
By Senator Jenkins:
Senate Bill No. 464--A Bill to amend and reenact §31E-3-301 of
the Code of West Virginia, 1931, as amended, relating to providing
that churches and other religious entities may incorporate.
Referred to the Committee on the Judiciary.
By Senators Caruth, Guills and Weeks:
Senate Bill No. 465--A Bill to amend and reenact §17-16A-6 and
§17-16A-13 of the Code of West Virginia, 1931, as amended, all
relating to the rate of tolls charged and collected by the West
Virginia Parkways, Economic Development and Tourism Authority; limiting the power of the authority to fix and establish the rate
of tolls; and providing for a fixed rate and amount of tolls
charged.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 466--A Bill to amend and reenact §18-8-1 of
the Code of West Virginia, 1931, as amended, relating to changing
the compulsory school attendance for children in the state from
sixteen to eighteen years of age.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Jenkins:
Senate Bill No. 467--A Bill to amend and reenact §33-14-2 of
the Code of West Virginia, 1931, as amended, relating to modifying
the employee group requirements for group life insurance.
Referred to the Committee on Banking and Insurance.
By Senator Jenkins:
Senate Bill No. 468--A Bill to amend and reenact §33-16-2 of
the Code of West Virginia, 1931, as amended, relating to group
accident and sickness insurance requirements.
Referred to the Committee on Banking and Insurance.
By Senator Fanning:
Senate Bill No. 469--A Bill to amend and reenact §23-2-1 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §30-13A-36 of said code, all relating to land surveyors
generally; and providing an exemption from workers' compensation
and surveyor licensing requirements for surveyors with more than
thirty years of surveying experience with one employee over the age
of sixty-five.
Referred to the Committee on the Judiciary.
By Senators Minard and Foster:
Senate Bill No. 470--A Bill to amend and reenact §11-22-1 and
§11-22-2 of the Code of West Virginia, 1931, as amended, all
relating to limiting each county commission to imposing a mortgage
recording tax of not more than one dollar per thousand dollars.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Minard and Foster:
Senate Bill No. 471--A Bill to amend and reenact §31-17-8 of
the Code of West Virginia, 1931, as amended, relating to acts of a
mortgage licensee when requiring insurance in connection with a
mortgage loan.
Referred to the Committee on Banking and Insurance.
By Senators Plymale, Jenkins, Dempsey, Hunter, Kessler, Unger,
Edgell, Sprouse, Minear and Prezioso:
Senate Bill No. 472--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §18-2K-1, §18-2K-2, §18-2K-3, §18-2K-4 and §18-2K-5, all
relating to establishing the third week of October as Disability
History Week for the State of West Virginia in order to increase
the awareness and understanding of the history and contributions of
people with disabilities in the state, nation and world.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Unger, Hunter and Kessler:
Senate Bill No. 473--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17C-4A-1, §17C-4A-2 and §17C-4A-3, all relating to
careless driving which causes the unintentional death or serious
bodily injury of another person generally; defining "serious bodily
injury"; providing enhanced criminal penalties for violations of
chapter seventeen of said code; and providing assessment of an
additional three points against the driver's license of a person
convicted of a violation which causes the unintentional death or
serious bodily injury of another person.
Referred to the Committee on the Judiciary.
By Senators Foster, Minear, Sprouse, Guills, Sharpe, Barnes,
McKenzie, Boley, McCabe, Edgell, Prezioso, Caruth, Fanning, Lanham, Jenkins, Helmick, Bailey, Weeks, Facemyer, Love, Deem and Dempsey:
Senate Bill No. 474--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5, §55-
7E-6, §55-7E-7, §55-7E-8, §55-7E-9 and §55-7E-10, all relating to
limitations for certain asbestos claims; judicial actions involving
silica and asbestos exposure; and providing for fair and efficient
judicial consideration of personal injury and wrongful death
arising out of asbestos or silica exposure and to ensure
individuals who suffer impairment now or in the future for
illnesses caused by exposure to asbestos or silica receive
compensation for their injuries.
Referred to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 475--A Bill to amend and reenact §30-36-7 and
§30-36-19 of the Code of West Virginia, 1931, as amended, all
relating to the West Virginia Acupuncture Board; requiring routine
inspections of acupuncture facilities; authorizing the board to
take action against persons violating the code and board rules
without first having received a written complaint; and correcting
an incorrect citation.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 476--A Bill to amend and reenact §30-1-12 of
the Code of West Virginia, 1931, as amended, relating to requiring
certain state boards of examination and registration to have
websites accessible to the public; specifying minimum content;
requiring the Information Services and Communications Division
within the Department of Administration to assist the boards in
developing the websites; and requiring the Governor to ensure that
links to each of the boards' websites are accessible through the
state's internet home page.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Prezioso, Oliverio, Jenkins, Dempsey, Hunter,
Foster, Kessler, Minear and Unger:
Senate Bill No. 477--A Bill to amend and reenact §33-15-4c of
the Code of West Virginia, 1931, as amended, relating to insurance
coverage for mammograms, pap smears and human papillomavirus.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Banking and Insurance.
By Senators Love, Minard, Dempsey, Hunter and Unger:
Senate Bill No. 478--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-5-2a, relating to retention salary increases for Division of Corrections' and Division of Juvenile Services'
employees based on years of service.
Referred to the Committee on Finance.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 479 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §15-11-2 of the Code of
West Virginia, 1931, as amended, relating to expanding the funeral
expense payment benefit to include all probation officers killed in
the line of duty.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 480 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §50-3-2 of the Code of West
Virginia, 1931, as amended, relating to increasing the amount of
time to pay costs of criminal proceeding.
Senate Bill No. 481 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §48-27-311 of the Code of
West Virginia, 1931, as amended, relating to domestic violence
protective orders served on persons out of state having the same
force and effect as those served in state.
Senate Bill No. 482 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §49-6A-2 of the Code of
West Virginia, 1931, as amended, relating to replacing "family law
master" with "family court judge" in code provision providing for
mandatory reporting of suspected child abuse.
Senate Bill No. 483 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §44-10-3 of the Code of
West Virginia, 1931, as amended, relating to confidentiality of
court records involving guardianship of minors in circuit court.
And,
Senate Bill No. 484 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §62-11C-5 of the Code of
West Virginia, 1931, as amended, relating to authorizing the use of
community corrections programs in pretrial supervision.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 4, Requesting Board of
Education establish position to oversee school libraries.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 57, Relating to designation and operation of
traffic signal as flashing signal.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 441, Prohibiting public display of certain
autopsy photographs.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 442, Changing expiration date of graduated driver's licenses.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 444, Relating to proof of lawful disposal of
solid waste.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Senate Bill No. 461, Clarifying water supply replacement
requirements for surface mine operators.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Sprouse, Caruth and Barnes.
Thereafter, at the request of Senator Harrison, and by
unanimous consent, the remarks by Senators Caruth and Barnes were
ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Foster, unanimous consent being
granted, it was ordered that the Journal show had Senator Foster
been present in the chamber on yesterday, Wednesday, February 1, 2006, he would have voted "yea" on the passage of Engrossed Senate
Bill No. 242, Engrossed Senate Bill No. 244, Engrossed Senate Bill
No. 271, Engrossed Senate Bill No. 370 and Engrossed Senate Bill
No. 371 and "yea" on the adoption of Senate Resolution No. 11.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, February 3, 2006, at 11 a.m.
____________