Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, unanimous consent being granted,
returned to the second order of business and the introduction of
guests.
The Senate again proceeded to the eighth order of business.
Eng. Senate Bill No. 636, Relating to employment of members of
teachers defined benefit retirement system.
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,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: Hunter--1.
Absent: Bailey--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. 636) 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. 637, Relating to
termination of tenancy of factory-built home site; other provisions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 637) 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. 645, Appointing interim judges to court
of claims.
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,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 645) 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 McKenzie, and by unanimous consent,
the Senate returned to the sixth order of business, which agenda
includes the making of main motions.
On motion of Senator McKenzie, the Senate requested the return
from the House of Delegates of
Eng. Senate Bill No. 636, Relating to employment of members of
teachers defined benefit retirement system.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator McKenzie, the Senate reconsidered the
vote as to the passage of the bill.
The vote thereon having been reconsidered,
The question again being on the passage of the bill, the yeas
were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks,
White and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 636) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate again proceeded to the eighth order of business.
Eng. Senate Bill No. 651, Precluding use of privately retained
prosecutors or assistant prosecutors.
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,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 651) passed.
On motion of Senator Kessler, 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. Senate Bill No. 651--A Bill to amend and reenact §7-7-8
of the code of West Virginia, 1931, as amended, relating to the
appointment and election of public officers generally; and
precluding the use of a privately retained attorney to prosecute or
assist in the prosecution of a criminal case.
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. 653, Providing that certain
judges not required to contribute to retirement system.
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,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
The nays were: Harrison and Smith--2.
Absent: Bailey--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. 653) 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. 671, Clarifying appeal bond procedures
relating to master tobacco settlement.
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,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 671) 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. 672, Relating to
municipalities' right to collect public utility 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: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 672) 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. 675, Relating to outdoor
advertising revenues.
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,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 675) 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. 678, Providing reduced tax rate applies
to certain underground mines.
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,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 678) 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. 686, Requiring certain firefighters and
security guards be members of national guard.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's second reading calendar, following
consideration of Engrossed Committee Substitute for Senate Bill No.
565, already placed in that position.
Eng. Senate Bill No. 697, Delegating motor carrier inspector
duties to weight enforcement 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: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 697) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 701,
Authorizing certain taxes imposed by municipalities.
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: Bowman, Caldwell,
Chafin, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter,
Jenkins, Kessler, Love, McCabe, Minard, Plymale, Prezioso, Ross,
Sharpe, Snyder, Unger, White and Tomblin (Mr. President)--22.
The nays were: Boley, Deem, Guills, Harrison, McKenzie,
Minear, Oliverio, Rowe, Smith, Sprouse and Weeks--11.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 701) 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. 704, Relating to public
defender 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: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: Oliverio--1.
Absent: Bailey--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. 704) 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. 705, Removing personal use
exception for criminal offense of manufacturing controlled
substance.
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,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 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. 709, Providing additional
internal controls and procedures for purchasing card program; other
provisions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 709) 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. 718, Authorizing board of examiners of
psychologists set fees by rule.
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,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 718) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 718) 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. 721, Relating to centers for economic
development and technology advancement.
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,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 721) 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. 724, Transferring authority to propose
rules relating to water quality standards 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,
Deem, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick,
Jenkins, Kessler, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Ross, Sharpe, Snyder and Tomblin (Mr. President)--21.
The nays were: Caldwell, Chafin, Dempsey, Hunter, Love,
McCabe, Rowe, Smith, Sprouse, Unger, Weeks and White--12.
Absent: Bailey--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. 724) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Sprouse, Weeks
and Tomblin (Mr. President)--28.
The nays were: Hunter, Rowe, Smith, Unger and White--5.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 724) 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. 726, Continuing steel advisory commission
and steel futures program.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 726) 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. 727, Relating to reforming, altering and
modifying Hampshire 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: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 727) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 727) 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. 728, Adding definition of fill material
to water pollution control 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,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: Hunter--1.
Absent: Bailey--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. 728) 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. 731, Relating to promulgation of rules by
department of administration for compliance standards for state
leased property.
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,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 731) passed with its title.
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. 135, Creating sales tax holiday for
back-to-school purchases.
On second reading, coming up in regular order, was read a
second time.
On motions of Senators Sprouse, Harrison and Weeks, the
following amendment to the bill was reported by the Clerk:
On page three, after section nine-g, by inserting a new
section, designated section nine-h, to read as follows:
§11-15-9h. Exemption for sales of food and food products for off-
premises consumption.
Sales of food and food products sold for human consumption off
the premises where sold shall be exempt from consumers sales tax according to the following schedule:
(a) On and after the first day of January, two thousand five,
the consumers sales tax on food and food products sold for human
consumption off the premises where sold shall be reduced to five
and one-half percent;
(b) On and after the first day of January, two thousand six,
the consumers sales tax on food and food products sold for human
consumption off the premises where sold shall be reduced to five
percent;
(c) On and after the first day of January, two thousand seven,
the consumers sales tax on food and food products sold for human
consumption off the premises where sold shall be reduced to four
and one-half percent;
(d) On and after the first day of January, two thousand eight,
the consumers sales tax on food and food products sold for human
consumption off the premises where sold shall be reduced to four
percent;
(e) On and after the first day of January, two thousand nine,
the consumers sales tax on food and food products sold for human
consumption off the premises where sold shall be reduced to three
and one-half percent;
(f) On and after the first day of January, two thousand ten,
the consumers sales tax on food and food products sold for human
consumption off the premises where sold shall be reduced to three percent;
(g) On and after the first day of January, two thousand
eleven, the consumers sales tax on food and food products sold for
human consumption off the premises where sold shall be reduced to
two and one-half percent;
(h) On and after the first day of January, two thousand
twelve, the consumers sales tax on food and food products sold for
human consumption off the premises where sold shall be reduced to
two percent;
(i) On and after the first day of January, two thousand
thirteen, the consumers sales tax on food and food products sold
for human consumption off the premises where sold shall be reduced
to one and one-half percent;
(j) On and after the first day of January, two thousand
fourteen, the consumers sales tax on food and food products sold
for human consumption off the premises where sold shall be reduced
to one percent;
(k) On and after the first day of January, two thousand
fifteen, the consumers sales tax on food and food products sold for
human consumption off the premises where sold shall be reduced to
one-half percent;
(l) On and after the first day of January, two thousand
sixteen, the consumers sales tax on food and food products sold for
human consumption off the premises where sold shall be eliminated and food and food products sold for human consumption off the
premises where sold shall be exempt from taxation under this
article.
The question being on the adoption of the amendment offered by
Senators Sprouse, Harrison and Weeks to the bill (S. B. No. 135),
and on this question, Senator Sprouse demanded the yeas and nays.
The roll being taken, the yeas were: Boley, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of those present and voting having voted in the
affirmative, the President declared the amendment offered by
Senators Sprouse, Harrison and Weeks to bill (S. B. No. 135)
adopted.
On motion of Senator Sprouse, the following amendment to the
bill was next reported by the Clerk and adopted:
On page one, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That §11-15-9g of the code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §11-15-9h, all to read as
follows:.
The bill (S. B. No. 135), as amended, was then ordered to
engrossment and third reading.
At the request of Senator Facemyer, and by unanimous consent,
Senator Facemyer addressed the Senate regarding the referral of
Engrossed Senate Bill No. 186 (Authorizing sale of venison in
restaurants) to the Committee on Natural Resources in earlier
proceedings today.
The Senate then resumed consideration of its second reading
calendar, the next bill coming up in numerical sequence being
Com. Sub. for Senate Bill No. 197, Relating generally to
distribution of net terminal income of racetrack video lottery
terminals.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: Smith--1.
Absent: Bailey--1.
Engrossed Committee Substitute Senate Bill No. 197 was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross,
Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--30.
The nays were: Rowe, Smith and Weeks--3.
Absent: Bailey--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. 197) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Com. Sub. for Senate Bill No. 204, Relating to
strategic research and development tax credit.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--1.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 204 was then read a third time and put upon its
passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 204) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2004.
On this question, the yeas were: Boley, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 204) takes effect July 1,
2004.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 688, Relating to amount of wages election
official can receive in calendar year.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--1.
Engrossed Senate Bill No. 688 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 688) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 688) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Sprouse requested unanimous consent to return to the
consideration of
Eng. Senate Bill No. 135, Exempting certain purchases of
back-to-school clothing and school supplies from consumers sales
tax.
Having been read a second time, amended and ordered to
engrossment and third reading in earlier proceedings today.
Which consent was not granted, Senator Chafin objecting.
Senator Sprouse then moved that the Senate return to the
consideration of
Eng. Senate Bill No. 135, Exempting certain purchases of
back-to-school clothing and school supplies from consumers sales
tax.
The question being on the adoption of Senator Sprouse's
aforestated motion, the same was put and did not prevail.
At the request of Senator Sprouse, and by unanimous consent,
Senator Sprouse addressed the Senate urging the suspension of the
constitutional rule requiring a bill to be read on three separate
days as to Engrossed Senate Bill No. 135.
At the request of Senator Chafin, unanimous consent being
granted, Senator Chafin addressed the Senate regarding the
amendment offered by Senators Sprouse, Harrison and Weeks to
Engrossed Senate Bill No. 135.
The Senate then resumed consideration of its second reading
calendar, the next bill coming up in numerical sequence being
Com. Sub. for Senate Bill No. 723, Creating Animal Health
Safety Control Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
At the request of Senator Sprouse, and by unanimous consent,
Senator Sprouse addressed the Senate regarding the adoption of the
amendment offered by Senators Sprouse, Harrison and Weeks to
Engrossed Senate Bill No. 135 and urging the suspension of the
constitutional rule requiring a bill to be read on three separate
days.
Senator Sprouse then moved that the Senate reconsider its
action by which in prior proceedings today it rejected Senator
Sprouse's motion to return to the consideration of Engrossed Senate
Bill No. 135.
Following points of inquiry to the President, with resultant
responses thereto,
The question being on the adoption of Senator Sprouse's
reconsideration motion, and on this question, Senator Rowe demanded
the yeas and nays.
To which demand, Senator Chafin objected.
Thereafter, Senator Rowe's demand for a roll call was
sustained.
The roll being taken, the yeas were: Boley, Deem, Facemyer,
Guills, Harrison, McKenzie, Minear, Rowe, Smith, Sprouse and
Weeks--11.
The nays were: Bowman, Caldwell, Chafin, Dempsey, Edgell,
Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard,
Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Unger, White and
Tomblin (Mr. President)--22.
Absent: Bailey--1.
So, a majority of those present and voting not having voted in
the affirmative, the President declared Senator Sprouse's
reconsideration motion had not prevailed.
The Senate then resumed consideration of its second reading
calendar, the next bill coming up in numerical sequence being
Eng. House Bill No. 4107, Allowing licensees of charitable
bingo and raffle games to transfer game proceeds between their
bingo and raffle operations.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Helmick, the following amendment to the
bill was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the provisions of Engrossed
Committee Substitute for Senate Bill No. 565.
The bill (Eng. H. B. No. 4107), as amended, was then ordered
to third reading.
Eng. House Bill No. 4560, Requiring that firefighters and
security guards employed by the adjutant general of the national
guard be members of the national guard.
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
Eng. Com. Sub. for Senate Bill No. 565, Allowing game proceeds
to be transferred between raffle and bingo accounts.
Having been amended in earlier proceedings today, and now
coming up in deferred order, was again reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
Action as to Engrossed Committee Substitute for Senate Bill
No. 565 having been concluded, the Senate proceeded to the consideration of
Eng. Senate Bill No. 686, Requiring certain firefighters and
security guards be members of national guard.
On third reading, coming up in deferred order, was again
reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Military.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Rowe, 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 3rd day of March, 2004, 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. 524), Relating to council for community and
technical college education and PROMISE scholarship board of
control.
(H. B. No. 4011), Bringing the West Virginia personal income
tax act into conformity with the federal income tax.
(Com. Sub. for H. B. No. 4022), Creating "The All-Terrain
Vehicle Safety Regulation Act".
(H. B. No. 4132), Relating to the West Virginia guaranteed work force program.
And,
(H. B. No. 4308), Providing immunity from civil damages to
workers who in good faith provides services or materials, without
remuneration, to build or install certain universal accessibility
features in accordance with applicable state and federal laws.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Sharon Spencer,
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. 322 (originating in the
Committee on Economic Development), Relating to public energy
authority.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 322 (originating
in the Committee on Finance)--A Bill to amend and reenact §4-10-5
of the code of West Virginia, 1931, as amended; and to amend and
reenact §5D-1-2, §5D-1-3, §5D-1-4, §5D-1-5, §5D-1-5b, §5D-1-6, §5D-
1-12, §5D-1-14, §5D-1-15 and §5D-1-16 of said code, all relating to the public energy authority; changing the termination of the
authority and authority board to the first day of July, two
thousand eight; reconstituting the authority under the development
office for the sole purpose of construction, maintenance and
operation of flood mitigation dams with hydroelectric power
generation facilities, electric transmission lines integral to such
generation facilities, reservoirs and water impoundments formed by
such dams and lands bordering on such reservoirs and impoundments;
establishing legislative purpose and intent; providing definitions;
establishing powers, duties and responsibilities of the authority;
requiring public hearings before certain actions of the authority;
authorizing the authority to construct, finance, lease, sale,
maintain, repair and otherwise undertake projects; authorizing the
sale of electricity from projects solely in the wholesale market;
exempting from taxation projects owned by the authority;
acquisition of property by the authority; and providing that the
authority is not a public utility and is not subject to the
jurisdiction of the public service commission.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 322)
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.
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: Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Unger, White and Tomblin (Mr. President)--27.
The nays were: Boley, Guills, Harrison, Smith, Sprouse and
Weeks--6.
Absent: Bailey--1.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 322 was then read a third time and put upon its
passage.
On the passage of the bill, the yeas were: Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--30.
The nays were: Boley, Smith and Weeks--3.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 322) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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. 484, Requiring motor vehicle
license plates contain yellow outline of state.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 484) 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.
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: Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Unger, White and Tomblin (Mr. President)--28.
The nays were: Guills, Harrison, Smith, Sprouse and Weeks--5.
Absent: Bailey--1.
The bill (Com. Sub. for S. B. No. 484) was then 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 fourteen, line eleven, after the word
"plate" by changing the semicolon to a colon and inserting the
following: "Provided, That";
And,
On page two, section fourteen, line twelve, by striking out
the word "license" and inserting in lieu thereof the word
"registration".
The bill (Com. Sub. for S. B. No. 484), as amended, was
ordered to engrossment and third reading.
Engrossed Committee Substitute for Senate Bill No. 484 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Unger, Weeks, White and Tomblin (Mr. President)--30.
The nays were: Harrison, Smith and Sprouse--3.
Absent: Bailey--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. 484) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2004.
On this question, the yeas were: Boley, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Unger,
Weeks, White and Tomblin (Mr. President)--30.
The nays were: Harrison, Smith and Sprouse--3.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 484) takes effect July 1, 2004.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 700, Requiring state agencies make timely
payments for telephone services and other commodities.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 700 (originating in the
Committee on Finance)--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new section, designated §5A-
7-4a, relating to requiring all spending units make timely payments
on invoices for telecommunications services; specifying when an
invoice is determined to be received; requiring spending units to
budget the costs of their telecommunications services; establishing
a special revenue fund under the custody of the state treasurer for
the purpose of making payments for telecommunications services and
providing for payments in and out of the special fund; empowering
the information services and communications division to discontinue
telecommunications services to any spending unit or units which
fail to comply with the requirements of this section; creating a
dispute resolution procedure; empowering the secretary of
administration to resolve disputes; authorizing legislative rules
for the imposition of reasonable handling fees by the information services and communications division to spending units in order to
recover the information services and communications division's cost
of administration under this section; prohibiting the encumbrance
of expenditure of funds for the salary of the head of spending
units until the secretary of administration determines that
payments or transfers are being made on a timely basis; and
authorizing further legislative rules in order to effectuate the
purpose of achieving timely and efficient payment for
telecommunications services.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 700) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
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: Boley,
Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--30.
The nays were: Deem, Smith and Weeks--3.
Absent: Bailey--1.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Committee Substitute for Senate Bill No. 700 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--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. 700) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 700) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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. 733 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §24D-1-18,
§24D-1-22 and §24D-1-25 of the code of West Virginia, 1931, as
amended, all relating to the cable television systems act;
eliminating the complaint process to the public service commission;
and eliminating the twelve-cent annual fee.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (S. B. No. 733) contained in the preceding report
from the Committee on Government Organization was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Chafin moved that the constitutional rule requiring a
bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Boley, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter,
Jenkins, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Ross, Sharpe, Snyder, Unger, White and Tomblin (Mr.
President)--26.
The nays were: Guills, Harrison, Kessler, Rowe, Smith,
Sprouse and Weeks--7.
Absent: Bailey--1.
So, less than four fifths of the members present and voting
having voted in the affirmative, the President declared the motion
to suspend the constitutional rule rejected.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Oliverio and Smith.
Thereafter, at the request of Senator Weeks, and by unanimous
consent, the remarks by Senator Oliverio were ordered printed in
the Appendix to the Journal.
At the request of Senator Rowe, unanimous consent being
granted, the Senate returned to the sixth order of business, which
agenda includes the making of main motions.
Senator Rowe moved that the Senate reconsider the vote by
which in earlier proceedings today it rejected Senator Chafin's
motion to suspend the constitutional rule requiring a bill to be
read on three separate days, as to
Senate Bill No. 733, Relating to cable television and public
service commission.
The question being on the adoption of Senator Rowe's
reconsideration motion, the same was put.
The result of the voice vote being inconclusive, Senator
Bowman demanded a division of the vote.
A standing vote being taken, there were twenty-two "yeas" and
seven "nays".
Whereupon, the President declared Senator Rowe's
reconsideration motion had prevailed.
The question again being on the adoption of Senator Chafin's
motion to suspend the constitutional rule requiring a bill to be
read on three separate days.
The roll being taken, the yeas were: Boley, Bowman, Chafin,
Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Ross, Rowe, Sharpe, Snyder, Unger and Tomblin (Mr. President)--25.
The nays were: Guills, Harrison, Minear, Smith, Sprouse and
Weeks--6.
Absent: Bailey, Caldwell and White--3.
So, less than four fifths of the members present and voting
having voted in the affirmative, the President declared the motion
to suspend the constitutional rule rejected.
The Senate again proceeded to the twelfth order of business.
Remarks were made by Senator Hunter.
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, Thursday, March 4, 2004, at 11 a.m.
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