WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
FORTY-NINTH DAY
____________
Charleston, W. Va., Tuesday, March 2, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Minister Christopher Gallagher, Pine
Grove Church of Christ, Scott Depot, West Virginia.
Pending the reading of the Journal of Monday, March 1, 2004,
On motion of Senator Oliverio, 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.
Senator Tomblin (Mr. President) presented a communication from
the Commission for National and Community Service, submitting its
annual report as required by chapter five, article twenty-six-a,
section four of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 12, Declaring December, 2004,
"Legislators Back to School Month".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 28, Requesting Division of
Highways rename connection of Route 73 between Fountain Place Mall
and Mt. Gay "West Virginia POW-MIA Highway".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 29, Requesting Division of
Highways name bridge on Route 60 crossing Four Pole Creek "Colonel
Justice M. Chambers Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 32, Requesting West
Virginia's congressional delegation to support amendments to and
funding for No Child Left Behind Act and Individuals with
Disabilities Education Act.
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. 2366--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §5-16-28; and to amend said code by adding thereto a new section, designated §33-4-21; to amend said code by
adding thereto a new section, designated §33-24-45; and to amend
said code by adding thereto a new section, designated §33-25-22;
and to amend said code by adding thereto a new section, designated
§33-25A-36, all relating to requiring health benefit plans to issue
uniform prescription drug cards or technology; providing exemptions
for the medicaid program; establishing format guidelines and
coordination with federal laws; defining terms; providing
enforcement authority to the insurance commissioner; requiring the
insurance commissioner to propose rules for legislative approval
and establishing an effective date.
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 and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2423--A Bill to amend and
reenact §18-2-34 of the code of West Virginia, 1931, as amended,
relating to authorizing awarding of high school diplomas to certain
surviving veterans.
Referred to the Committee on Military; 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. 4027--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §22-25-1, §22-25-2, §22-25-3, §22-25-4, §22-25-
5, §22-25-6, §22-25-7, §22-25-8, §22-25-9, §22-25-10, §22-25-11,
§22-25-12 and §22-25-13, all relating to establishing a voluntary
environmental excellence program; creating certain incentives for
businesses that exceed the requirements of certain state and
federal environmental laws and regulations and increase the
quantity and quality of public participation; establishing
legislative findings and purpose; defining certain terms; directing
the secretary of the department of environmental protection to
develop and implement the environmental excellence program;
authorizing the secretary of the department of environmental
protection to propose certain legislative rules regarding the
environmental excellence program; establishing eligibility and
application requirements for participation; authorizing the
department of environmental protection to enter into environmental
performance agreements with qualified entities and timely review
applications; providing for certain program elements; providing for
appeal of certain adverse application decisions; providing for the
withdrawal, enforcement and termination of participation under
certain circumstances; providing for certain incentives to be
established for participating in the program; providing certain guidelines for the content of environmental performance agreements;
establishing the environmental excellence administrative fund;
allowing for gifts and donations to be received by the fund;
providing for public participation in the environmental excellence
program; providing for a performance review of the program; and
providing for expiration of the program in two thousand nine.
Referred to the Committee on Energy, Industry and Mining.
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. 4158--A Bill to amend and reenact §5A-3-36
of the code of West Virginia, 1931, as amended, relating to
providing a procedure for removing property from the state's
inventory of removable property.
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. 4193--A Bill to amend and
reenact article 3, chapter 64 of the code of West Virginia, 1931,
as amended, all relating generally to the promulgation of
administrative rules by the various executive or administrative
agencies and the procedures relating thereto; legislative mandate
or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
state register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the legislative rule-making review committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
legislative rule-making review committee and as amended by the
legislature; disapproving certain legislative rules presented to
the legislature for authorization; authorizing the division of
environmental protection to promulgate a legislative rule relating
to the Nox budget trading program as a means of control and
reduction of nitrogen oxides from non-electric generating units;
authorizing the division of environmental protection to promulgate
a legislative rule relating to emission standards for hazardous air
pollutants pursuant to 40 CFR Part 61; authorizing the division of
environmental protection to promulgate a legislative rule relating
to standards of performance for new stationary sources pursuant to
40 CFR Part 60; authorizing the division of environmental
protection to promulgate a legislative rule relating to the
prevention and control of air pollution from hazardous waste treatment, storage or disposal facilities; authorizing the division
of environmental protection to promulgate a legislative rule
relating to emission standards for hazardous air pollutants for
source categories pursuant to 40 CFR Part 63; authorizing the
division of environmental protection to promulgate a legislative
rule relating to requirements for determining conformity of
transportation plans, programs and projects developed, funded or
approved under Title 23 U.S.C. or the federal transit laws
applicable air quality implementation plans (transportation
conformity); authorizing the division of environmental protection
to promulgate a legislative rule relating to surface mining
reclamation; authorizing the division of environmental protection
to promulgate a legislative rule relating to solid waste
management; authorizing the division of environmental protection to
promulgate a legislative rule relating to hazardous waste
management; authorizing the division of environmental protection to
promulgate a legislative rule relating to the West Virginia NPDES
rule for coal mining facilities; and authorizing the environmental
quality board to promulgate a legislative rule relating to
requirements governing water quality standards.
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. 4211--A Bill to amend and
reenact article 8, chapter 64 of the code of West Virginia, 1931,
as amended, all relating generally to the promulgation of
administrative rules by the various executive or administrative
agencies and the procedures relating thereto; legislative mandate
or authorization for the promulgation of certain legislative rules
by various executive or administrative agencies of the state;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
state register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the legislative rule-making review committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
legislative rule-making review committee and as amended by the
legislature; authorizing the division of highways to promulgate a
legislative rule relating to the use of state road rights of way
and adjacent areas; authorizing the division of highways to
promulgate a legislative rule relating to the transportation of
hazardous wastes upon the roads and highways; and authorizing the
division of motor vehicles to promulgate a legislative rule
relating to administrative due process.
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. 4291--A Bill to amend and
reenact §30-1-7a of the code of West Virginia, 1931, as amended,
relating to continuing education requirements for licensed
healthcare professionals on the subject of end-of-life care
training, including pain management coursework.
Referred to the Committee on Health and Human 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. 4334--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §4-6-1, §4-6-2, §4-6-3 and §4-6-4, all relating
to creating the joint commission on technology and advanced
communications; providing for appointment of members of the senate
and house of delegates to the commission; providing for the
appointment of citizen members; meetings, periods of function,
powers and duties of the commission, recommendation of guidelines;
and continuation of the commission.
Referred to the Committee on Rules.
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. 4379--A Bill to amend and
reenact §30-7-3 of the code of West Virginia, 1931, as amended,
relating to changing the representation of the board of registered
professional nurses.
Referred to the Committee on Government Organization.
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. 4388--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §61-3-56, relating to the creation, possession
and use of original, altered, counterfeit or reproduced retail
sales receipts or universal product codes with the intent to cheat
or defraud a retailer; making such activities illegal; creating new
misdemeanor and felony offenses for such illegal activities; and
establishing penalties.
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 July 1, 2004, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4501--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9h, relating to creating exemptions from
the consumers sales and services tax for sales of computer hardware
and software directly incorporated into manufactured products;
creating exemptions for payment of certain licensing fees, for
sales of computer hardware and software directly used in
communication, for sales of electronic data processing services,
for sales of certain educational software to be used in certain
educational or nonprofit institutions, for sales of internet
advertising of goods and services, and for certain sales of high
technology business services; and providing definitions.
Referred 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. 4517--A Bill finding and
declaring certain claims against the state and its agencies to be
moral obligations of the state and directing the auditor to issue
warrants for the payment thereof.
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. House Bill No. 4557--A Bill to amend and reenact §5-5-5
of the code of West Virginia, 1931, as amended, relating to deleting the specified year of the funding appropriated to provide
the pay equity adjustment.
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. 4559--A Bill to amend and
reenact §8-27-23 of the code of West Virginia, 1931, as amended,
relating generally to the procurement of supplies, equipment,
materials and contracts for the construction of facilities by urban
mass transportation systems.
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. House Bill No. 4560--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated section §15-1B-26, relating to the West Virginia
national guard generally; and requiring that guards and
firefighters employed by the adjutant general be members of the
national guard.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered
to second reading.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4576--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-2-37, relating to creating a voluntary checkoff on
state income tax returns to donate refunds to family literacy
program; specifying purposes; providing for administration; and
providing for state board rule to implement program.
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. 4622--A Bill to repeal §29-22-22 of the
code of West Virginia, 1931, as amended, relating to exemption of
lottery prizes from taxation.
Referred 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. 4623--A Bill to repeal §5A-2-18 of the code of West Virginia, 1931, as amended, relating to expenditure of
excess in collections upon approval of governor.
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. House Bill No. 4627--A Bill to amend and reenact §9A-1-4
of the code of West Virginia, 1931, as amended, relating to duties
and functions of veterans' council; honoring academic achievement
of West Virginians at military academies.
Referred to the Committee on Military.
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. 11--Requesting the Joint
Committee on Government and Finance to study the causes of the
devastating flooding in southern West Virginia.
Whereas, West Virginia families in the southern part of the
state have been ravaged by repeated flooding; and
Whereas, Some West Virginia residents have lost their lives
due to the flooding and a great number of others have lost their
homes and possessions; and
Whereas, The nearly constant rebuilding of southern West
Virginia communities after flooding has a large impact on the West Virginia economy; and
Whereas, The causes of this continuing problem should be
analyzed to determine if it is primarily a natural phenomenon
resulting from excessive rain, or whether industrial activities
such as clear cutting, surface mining and land development are
significantly contributing to the flooding problem; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance to study the causes of the devastating
flooding in southern West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, 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.
Referred to the Committee on Rules.
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. 29--Requesting the West
Virginia Division of Highways to name the new bridge crossing the
Elk River on State Route 4 south of Gassaway, the "Veterans
Memorial Bridge".
Whereas, The State of West Virginia has seen more of its
citizens, per capita, serve in the United States military during
times of war and peace than any other state in the union; and
Whereas, Many State veterans have fought and served,
exhibiting great acts of selflessness and gallantry while in harm's
way, while still others have made the ultimate sacrifice of their
lives in order to preserve and protect the liberty, tranquility and
freedom of this country; and
Whereas, In view of the great sacrifices endured by State
veterans, both living and deceased, and their commitment to duty on
behalf of their country and fellow citizens, it is appropriate to
bestow the modest gesture, in comparison to such sacrifices and
duty, of naming a state landmark as a memorial to their collective
memory and spirit; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia
Division of Highways to name the new bridge crossing the Elk River
on State Route 4 South of Gassaway, the "Veterans Memorial Bridge";
and, be it
Further Resolved, That the Commissioner is requested to have made and be placed, at either end of the bridge, signs identifying
the bridge as the "Veterans Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Secretary of
Transportation, the Commissioner of the Division of Highways, the
County Commission of Braxton County, and the Adjutant General of
the military forces of this state.
Referred to the Committee on Transportation.
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. 30--Requesting the United
States Congress to broaden the eligibility categories of membership
in veterans' organizations.
Whereas, Young American men and women are at the forefront of
the war on terror; and
Whereas, Many Americans have served in the armed services of
this country and have been placed in harm's way both in times of
peace and in times of war; and
Whereas, Membership in American veterans' organizations
continues to decline as fewer and fewer veterans are eligible for
membership in these organizations; and
Whereas, The contributions made to local communities by
members of the American Legion, the Veterans of Foreign Wars and other similar organizations are invaluable and may not be replaced
if the eligibility for membership continues to be restricted;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Congress of the
United States to broaden the eligibility categories of membership
in veterans' organizations; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the members
of West Virginia's delegation in Congress and to the Clerk of the
United States House of Representatives and the Clerk of the United
States Senate.
Referred to the Committee on Military.
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. 31--Requesting the Joint
Committee on Government and Finance to study the use of credit
scoring to be used as a factor in determining the amount of a
premium charged for issuance of an insurance policy.
Whereas, Insurance companies currently use credit scoring as
a factor in determining the amount of a premium charged for
issuance of an insurance policy; and
Whereas, The credit information obtained for use may be incorrect or incomplete and an unnecessary invasion of privacy; and
Whereas, Use of this information may unfairly discriminate
against low-income and young people, or others with no established
credit history; and
Whereas, This information may be detrimental to an insured's
status, insofar as insurance could be inappropriately denied,
canceled or nonrenewed due to use of this information; and
Whereas, An insured's premium may be affected due to use of
this information; and
Whereas, Factual income information is indicative of an
insured's ability to pay a premium; credit information in no way
reflects the insured's actual risk to the insurer; and
Whereas, Sound public policy requires that premium rates
charged for insurance shall not be excessive, inadequate or
unfairly discriminatory; and
Whereas, The Legislature should be encouraged to specify
premium rate development and review in accordance with insurance
actuarial best practices and procedures; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study credit scoring to be used as a factor in
determining the amount of a premium charged for issuance of an
insurance policy; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with the
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.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 43--Directing the Joint
Committee on Government and Finance to study proper and fitting
activities to honor Abraham Lincoln on the occasion of the
bicentennial anniversary of his birth.
Whereas, On February 12, 1809, Abraham Lincoln was born in
Hardin County, Kentucky, and rose to the presidency through a
legacy of honesty, integrity, intelligence and commitment to the
United States; and
Whereas, Through a legacy of honesty, integrity, intelligence
and commitment to the United States, Abraham Lincoln became the
16th president of the United States; and
Whereas, Abraham Lincoln was the nation's most beloved leader, demonstrating true courage during one of the greatest crisis in the
history of this nation, the Civil War; and
Whereas, With the belief that all men are created equal,
Abraham Lincoln signed the Emancipation Proclamation freeing slaves
in the United States; and
Whereas, Abraham Lincoln had a generous heart, with malice
toward none and with charity for all; and
Whereas, On December 31, 1862, President Abraham Lincoln
wrote, "I believe the admission of West Virginia into the Union is
expedient"; and
Whereas, On January 20, 1863, the Statehood Bill for West
Virginia was approved by President Abraham Lincoln; and
Whereas, Abraham Lincoln made the ultimate sacrifice for the
country he loved, dying from an assassin's bullet on April 15,
1865; and
Whereas, All West Virginians will benefit from studying the
life of Abraham Lincoln, for his life was a model for leadership
through honesty, integrity, loyalty and a lifetime of education;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study activities that may be carried out by the State
of West Virginia as fitting and proper to honor Abraham Lincoln on
the occasion of the bicentennial anniversary of his birth; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, the
activities that it considers most fitting and proper to honor
Abraham Lincoln on such occasion and the state agency or agencies
that it considers most appropriate to carry out such activities,
together with drafts of any legislation necessary to effectuate its
recommendation; 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.
Referred to the Committee on Rules.
The Senate proceeded 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
Com. Sub. for Senate Bill No. 31, Providing person not guilty
of trespassing for hunting with dogs on lands of another.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 1, 2004;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 31) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page three, section seven, by striking out all of
subsection (d) and inserting in lieu thereof a new subsection (d),
to read as follows:
(d) The provisions of subsections (b) and (c) of this section
related to criminal penalties and being subject to arrest are
inapplicable to a person whose dog, without the person's direction
or encouragement, travels onto the fenced, enclosed or posted land
of another in pursuit of an animal or wild bird.
The bill (Com. Sub. for S. B. No. 31), as amended, was then
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. 696, Providing counties using nonelectronic
voting machines may begin counting absentee ballots at certain time.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 696 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §3-1A-6 of
the code of West Virginia, 1931, as amended; and to amend and
reenact §3-3-8 of said code, all relating to election law
generally; requiring rulemaking in certain circumstances; providing
that counties using voting machines may count absentee ballots at
the courthouse on election day; and prohibiting disclosure or
posting of results prior to closing of the polls.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 696) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
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, 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)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Committee Substitute for Senate Bill No. 696 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--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. 696) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--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. 696) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Jenkins, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 730, Relating to merger of teachers defined
contribution retirement system and teachers retirement system.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 730 (originating in the
Committee on Pensions)--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new section, designated §18-
7B-7a; and to amend said code by adding thereto a new article,
designated §18-7C-1, §18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8, §18-7C-9, §18-7C-10, §18-7C-11, §18-7C-
12, §18-7C-13 and §18-7C-14, all relating to the merger and
consolidation of the teachers defined contribution retirement
system and the state teachers retirement system generally; closing
the teachers defined contribution retirement system to newly hired
personnel; rehires to be in last plan contributed to; setting forth
short title; setting forth legislative findings and purpose;
providing definitions; providing for merger and consolidation of
the teachers defined contribution retirement system and the state
teachers retirement system; setting forth dates and time periods;
providing for notice to members; providing for education of
members; specifying dates and relevant time periods; providing for
conversion and transfer of assets from the teachers defined
contribution retirement system to the state teachers retirement
system; providing for election on the question of merger and
consolidation of the teachers defined contribution retirement
system and the state teachers retirement system; prior service in
state teachers retirement system unaffected; setting forth terms of
election and defining valid election; setting forth terms of merger
and consolidation of the teachers defined contribution retirement
system and the state teachers retirement system; requiring members
of defined contribution plan to pay additional amount in order to
receive full actuarial credit upon merger; establishing time period
for payment and interest; plan loans; loan terms; addressing withdrawals and cash outs; providing for service credit in the
state teachers retirement system; providing that provisions of
article are void if less than a majority of at least one half of
the members of the defined contribution plan vote in favor of the
merger; allowing consolidated public retirement board to contract
directly for professional services; providing the election is
deemed final; addressing qualified domestic relations orders;
providing for vesting; setting forth minimum guarantees; providing
for due process and right to appeal; and providing for
nonseverability.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Evan H. Jenkins,
Chair.
On motion of Senator Jenkins, the bill (Com. Sub. for S. B.
No. 730) contained in the foregoing report from the Committee on
Pensions was then referred to the Committee on Finance.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
House Concurrent Resolution No. 27, Requesting the Division of
Highways to name the bridge crossing the West Fork River at
Enterprise the "Corporal Jerry Lee Halpenny and PFC Michael Alonzo
Wells Memorial Bridge".
House Concurrent Resolution No. 36, Naming the newly
constructed bridge over Dunkard Creek on Route 39 in the western
end of Monongalia County the "Robert C. "Bob" Beach Memorial
Bridge".
And,
House Concurrent Resolution No. 40, Naming the bridge on Route
28 near Romney, Hampshire County, the "John Blue Bridge".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Mike Ross,
Chair.
The Senate proceeded to the sixth order of business.
Senators Love and Rowe offered the following resolution:
Senate Concurrent Resolution No. 69--Requesting the Joint
Committee on Government and Finance study creating a Film
Commission to expand the film industry in West Virginia.
Whereas, The film industry in the United States is a
multibillion-dollar industry, with less than 20 percent of its
productions filmed in locations generally associated with movie
production, such as Hollywood, California. The remaining
productions are filmed on locations throughout the United States
and around the globe. States such as Maryland, Virginia, North
Carolina, Ohio and Pennsylvania bring in millions of dollars per year in revenue from film productions; and
Whereas, Creating a Film Commission to oversee and attract the
film industry to West Virginia could have tremendous impact on the
state in terms of economy, jobs, tourism and education; and
Whereas, Some states which have been successful in generating
revenue from the film industry have film commissions to help
maintain a competitive edge in recruiting film productions; and
Whereas, The creation of a Film Commission would assist the
present West Virginia Film Office by providing direction in seeking
and recruiting production companies to film in West Virginia;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study creating a Film Commission to expand the film
industry in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, 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.
Which, under the rules, lies over one day.
Petitions
Senators Bowman and McKenzie presented a petition from Donald
Barnhart and numerous retired school employees, requesting the
Legislature provide an annual cost-of-living adjustment to the
pensions of retired school employees.
Referred to the Committee on Pensions.
Senator Love presented a petition from John Carpenter and
twelve Hacker Valley residents, requesting the Legislature
designate former Route No. 16/5 in Webster County as a public
maintained roadway.
Referred to the Committee on Transportation.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 34, Designating Cass Scenic
Railroad State Park's Shay No. 5 steam locomotive as official state
steam locomotive and 2005 "Year of the Shay No. 5".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 58, Requesting State Building
Commission rename state office complex in Fairmont "Manchin Office Complex".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 68, Requesting Joint
Committee on Government and Finance study grievance boards and
administrative law judge systems.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 28, Exempting certain
personal property from levy, forced sale, attachment or execution.
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, 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)--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. 28) 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. 34, Relating to fraudulent
credit card transactions; annual reports.
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, 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)--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. 34) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, 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. 34--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §31A-4-46, relating to credit card fraud;
limiting liability of a West Virginia merchant for credit card
fraud for card-not-present transactions; limiting rates charged;
and requiring certain entities to report annually to the attorney
general concerning credit card fraud committed against businesses
in this state.
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. 67, Requiring agency,
department or board to submit statement of compliance to
legislative auditor within certain time.
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, 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)--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. 67) 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. 119, Enhancing criminal
penalties for obtaining money, property and services by false
pretenses from persons over certain age.
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, 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)--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. 119) 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. 149, Relating generally to department of tax and revenue.
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, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: Minear--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 Com. Sub. for S. B. No. 149) 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. 161, Creating Model Health
Plan for Uninsurable Individuals 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, 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)--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. 161) 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. 176, Relating to
investments and investment practices of insurance companies.
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, 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)--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. 176) 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. 229, Expanding counties covered by Route
2 and Interstate 68 authority.
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, 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)--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. 229) 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. 260, Allowing design-build
board to be reimbursed for certain expenses.
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, Boley, Bowman, Caldwell, 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: 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.
Com. Sub. for S. B. No. 260) 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. 285, Allowing state-chartered banks to
organize as limited liability companies in certain cases.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: Minear--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. 285) 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. 327, Authorizing department
of administration to promulgate legislative rules.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--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. 327) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--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. 327) 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. 415, Relating to disposition of state
surplus 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: Bailey, 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)--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. 415) 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. 431,
Establishing Interstate Insurance Product Regulation Compact.
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, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 431) 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. 460, Relating to regulating
surveyors and underground surveyors.
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, 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)--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. 460) 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. 480, Exempting nonprofit licensed nursing
homes from registration under solicitation of charitable funds 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, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: Minear--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. 480) 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. 499, Relating to special hunting permit
for resident and nonresident disabled persons.
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 third reading calendar.
Eng. Senate Bill No. 512, Authorizing rules of higher
education policy 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, 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)--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. 512) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--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. 512) 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. 516, Establishing eastern
panhandle highway authority.
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, 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)--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. 516) 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. 549, Relating to abandoned
motor vehicles on private property.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Deem, further consideration of the bill
was made a special order of business following an anticipated
recess.
Eng. Com. Sub. for Senate Bill No. 556, Exempting retailers of
automobiles and trucks from definition of credit services
organizations.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--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. 556) 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. 558, Making misuse of power of attorney
or fiduciary relationship crime.
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, 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)--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. 558) 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. 565, Allowing game proceeds
to be transferred between raffle and bingo accounts.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for Senate Bill No. 566, Establishing Unborn
Victims of Violence 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, 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)--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. 566) 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. 596, Relating to powers and
duties of board of directors of state board of risk and insurance
management.
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, 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)--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. 596) 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. 605, Relating to child fatality review teams.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--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. 605) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--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. 605) 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. 638, Authorizing special license plate
for Davis & Elkins college.
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, 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)--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.
The following amendment to the title of the bill, from the
Committee on Transportation, 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. 638--A Bill to amend and reenact §17A-3-14 of the code of West Virginia, 1931, as amended, relating to
authorizing a special license plate commemorating the centennial
anniversary of the creation of Davis and Elkins college; and
authorizing a special license plate recognizing and honoring breast
cancer survivors.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 649, Establishing Environmental Good
Samaritan 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, 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)--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. 649) 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. 663, Prohibiting certain long-term care
facilities from soliciting residents for money or assets.
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, 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)--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. 663) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, 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. 663--A Bill to amend and reenact §16-5C-
15 of the code of West Virginia, 1931, as amended; to amend and
reenact §16-5D-15 of said code; to amend said code by adding
thereto a new section, designated §16-5E-7; and to amend and
reenact §16-5N-15 of said code, all relating to protection of the elderly generally; prohibiting certain long-term care and assisted
living facilities from soliciting or coercing residents into giving
them money or other assets; and establishing penalties.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 673, Providing certain reporting
requirements of coal transported on public highways.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Facemyer, further consideration of the
bill was made a special order of business following consideration
of Engrossed Committee Substitute for Senate Bill No. 549.
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, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for Senate Bill No. 694, Establishing Fairness
in Competitive Bidding 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, Boley, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Love, McCabe, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder,
Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
The nays were: Bowman, Edgell, Kessler and McKenzie--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. 694) 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. 713, Expiring funds to unappropriated
balance of general revenue from board of risk and insurance
management, premium tax savings 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, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 713) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--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. 713) 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. 714, Expiring funds to unappropriated
balance of general revenue from insurance commission 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, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 714) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--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. 714) 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. 715, Expiring funds to unappropriated
balance of general revenue from public service 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, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 715) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--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. 715) 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. 716, Allowing attorney general to retain
additional funding for antitrust enforcement 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, 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)--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. 716) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--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. 716) 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. 717, Terminating agencies following full
performance evaluations.
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, 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)--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. 717) 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 reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Senate Bill No. 719, Increasing tax on providers of
nursing facility 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, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Helmick, Hunter, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse, White and Tomblin (Mr. President)--29.
The nays were: Harrison, Jenkins, Smith, Unger and Weeks--5.
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. 719) 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. 720, Relating to unused state private
activity bond volume cap.
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, 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)--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. 720) 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 Plymale, 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 Plymale, the Senate requested the return
from the House of Delegates of
Eng. Senate Bill No. 719, Increasing tax on providers of
nursing facility services.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Plymale, 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: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey,
Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Kessler, Love,
McCabe, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe,
Snyder, Sprouse, White and Tomblin (Mr. President)--27.
The nays were: Harrison, Jenkins, McKenzie, Plymale, Smith,
Unger and Weeks--7.
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. 719) 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. 722, Repealing section prohibiting giving
away or selling liquor in buildings where boxing is held.
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, 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, White and Tomblin (Mr. President)--29.
The nays were: Harrison, Smith, Sprouse, Unger and Weeks--5.
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. 722) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4286, Repealing the section of the code
relating to coverage for alcoholic treatment because it is
superseded by another part of the code.
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, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4286) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4449, Allowing both residents and
nonresidents to apply for and obtain a Class Q permit for disabled
persons.
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, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4449) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The end of today's third reading calendar having been reached, the Senate returned to the consideration of
Eng. Senate Bill No. 499, Relating to special hunting permit
for resident and nonresident disabled persons.
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 Finance.
At the request of Senator McCabe, and by unanimous consent,
the Senate returned to the sixth order of business, which agenda
includes the making of main motions.
Senator McCabe moved that the Senate request the return from
the House of Delegates of
Eng. Com. Sub. for Senate Bill No. 566, Establishing Unborn
Victims of Violence Act.
Passed by the Senate in earlier proceedings today,
The question being on the adoption of Senator McCabe's
aforestated motion, the same was put and did not prevail.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.