(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
TWENTY-FIRST DAY
____________
Charleston, W. Va., Tuesday, March 1, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Rabbi Helen Bar-Yaacov, Temple Israel,
Charleston, West Virginia.
Pending the reading of the Journal of Monday, February 28,
2005,
On motion of Senator Hunter, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2623--A Bill to amend and reenact §20-1A-9
of the Code of West Virginia, 1931, as amended, relating to
continuation of the Public Land Corporation.
Referred to the Committee on Government Organization.
The Senate proceeded to the fourth order of business.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 29, Relating to law-enforcement powers and
duties of conservation officers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 29 (originating in the Committee
on Natural Resources)--A Bill
to amend and reenact §20-7-4 of the
Code of West Virginia, 1931, as amended, relating to law-
enforcement powers and duties of conservation officers; procuring
and executing arrest and search warrants on certain lands and
waters; empowering conservation officers to stop and board vessels
to conduct safety checks to ensure vessels are properly equipped
and licensed; and making technical corrections.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill (Com. Sub. for S. B. No. 29), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 40, Limiting time purchaser of certain real
estate at sheriff's sales may claim refund.
And,
Senate Bill No. 42, Limiting liability for waste tire
remediation costs for certain owners of real property.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 101, Allowing drivers of motor vehicles treat
red lights same as stop signs at certain times.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 101 (originating in the
Committee on Transportation and Infrastructure)--A Bill
to amend
and reenact §17C-3-5 of the Code of West Virginia, 1931, as
amended, relating to allowing a county commission or municipality
to request the Commissioner of Highways to designate and operate, during certain times, a traffic control signal as a flashing
signal.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 152, Permitting county commissions to alter
observance of legal holidays for county employees.
With an amendment from the Committee on Government
Organization pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Government Organization to
which the bill was first referred.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 207, Terminating Jobs for West Virginia's
Graduates' membership in Public Employees Retirement System.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 207 (originating in the
Committee on Pensions)--A Bill
to amend and reenact §5-10-18 of the
Code of West Virginia, 1931, as amended, relating to permitting
Jobs for West Virginia's Graduates to provide an alternate
retirement plan in lieu of participation in Public Employees
Retirement System;
providing deadline to establish alternate plan;
requiring continuation of plan; setting time period for existing
employees to withdraw from or remain in the state retirement
system; requiring notice; and requiring record of receipt of
notice.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill (Com. Sub. for S. B. No. 207), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 268, Relating to underage possession of beer
and liquor; penalty.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 268 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §11-16-19
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §60-3A-24 of said code, all relating to underage possession
of nonintoxicating beer and alcoholic liquor; and conforming state
law to federal requirements by providing that violation by a person
under the age of eighteen constitutes a status offense instead of
a misdemeanor.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the sixth order of business
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senator Bailey:
Senate Bill No. 407-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §17C-
15-7, relating to requiring certain trucks and buses to install mud
flaps.
Referred to the Committee on Transportation and
Infrastructure.
By Senator Bailey:
Senate Bill No. 408-A Bill to amend and reenact §18-5-4 of the
Code of West Virginia, 1931, as amended, relating to providing members of county boards of education are paid eighty-five dollars
per day for time spent in mandatory education.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators White, Barnes, Jenkins and Unger:
Senate Bill No. 409--
A Bill to amend and reenact §18-2-34 of
the Code of West Virginia, 1931, as amended, relating to providing
that veterans who serve during times of war or armed conflict prior
to completing high school may receive their high school diploma
under certain conditions.
Referred to the Committee on Military; and then to the
Committee on Education.
By Senator Harrison:
Senate Bill No. 410-
A Bill to amend and reenact §11-21-15 of
the Code of West Virginia, 1931, as amended, relating to creating
the "West Virginians Give Act" which authorizes West Virginia
resident taxpayers to make deductions for charitable gifts on their
personal income tax returns.
Referred to the Committee on Finance.
By Senators Kessler and Edgell:
Senate Bill No. 411-
A Bill to extend the time for the county
commission of Tyler County, West Virginia, to meet as a levying
body for the purpose of presenting to the voters of the county an
election on the question of authorizing the excess levy for vital
public services in Tyler County from between the seventh and
twenty-eighth days of March until the second Monday of April, two thousand five.
Referred to the Committee on Government Organization.
By Senators Unger, Facemyer, Boley, Barnes, Love, White,
Minard, Foster, Sprouse, Kessler, Guills, Bowman, Dempsey, Yoder,
Caruth, Jenkins, McKenzie, Oliverio and Hunter:
Senate Bill No. 412-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §15-
2-5a, relating to compensating state troopers for off-duty time
when they are required to be on standby to be called back to work.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 413-
A Bill to amend and reenact §31A-3-2 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §31A-8C-1, §31A-8C-2, §31A-8C-3 and §31A-8C-5 of said code,
all relating generally to financially related activities of state-
chartered banking institutions; reorganizing the approval process
for engaging in financially related activities; clarifying the
definition of financially related activities; creating a notice and
approval process to engage in "financially related activities";
allowing banks to make equity investments in entities providing
financially related activities on the same terms as national banks;
and restating the purpose and interpretation of the article.
Referred to the Committee on Banking and Insurance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 414-
A Bill to amend and reenact §17C-15-46 of
the Code of West Virginia, 1931, as amended, relating to child
passenger safety and booster seats.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 415-
A Bill to amend and reenact §24-2-11 of
the Code of West Virginia, 1931, as amended, relating to
requirements for certificate of public convenience and necessity;
and removing the prohibition on applying for and obtaining
franchises, licenses or permits prior to obtaining a certificate of
public convenience and necessity from the Public Service
Commission.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 416-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §5-
1E-1, §5-1E-2, §5-1E-3, §5-1E-4 and §5-1E-5; and to amend and
reenact §18-2-6a and §18-2-7a of said code, all relating to
promoting healthy lifestyles; creating a Healthy Lifestyles Office
in the Department of Education and the Arts; establishing the
functions of the Office; creating a special revenue account;
establishing a Voluntary Menu Labeling Program; requiring physical
activity in the schools; and encouraging the use of health foods and beverages in the vending machines of schools.
Referred to the Committee on Health and Human Resources; then
to the Committee on Education; and then to the Committee on
Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 417-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §7-
12-9b, relating generally to joint development entities; providing
that municipalities, county development authorities or municipal
development authorities, or both, may organize and jointly own
joint development entities for the purpose of developing and owning
local economic development projects; describing the powers, duties
and authority of joint development entities; and providing that
joint development entities, as political subdivisions of the State
of West Virginia, are exempt from all state and local taxation.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 418-
A Bill to amend and reenact §33-2-16 and
§33-2-17 of the Code of West Virginia, 1931, as amended; to amend
said code by adding thereto a new section, designated §33-11-4a; to
amend and reenact §33-11-6 of said code; and to amend and reenact
§33-20-4 of said code, all relating generally to the regulation of
insurance; providing that the Director of Consumer Advocacy shall be appointed by the Governor; expanding the authority of the Office
of Consumer Advocacy; eliminating a cause of action for unfair
claims settlement practices by third parties; establishing
procedures for the filing, investigation and processing of
administrative complaints by third-party claimants; providing for
penalties for engaging in unfair claims settlement practices; and
establishing that certain insurers shall submit rate filings
biannually.
Referred to the Committee on Banking and Insurance; then to
the Committee on the Judiciary; and then to the Committee on
Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 419-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto nine new sections, designated
§7-23-1, §7-23-2, §7-23-3, §7-23-4, §7-23-5, §7-23-6, §7-23-7, §7-
23-8 and §7-23-9, all relating generally to establishing a pilot
program that allows certain counties and municipalities certain
additional taxing authority and provides all counties,
municipalities and county boards of education a pilot waiver
program pursuant to which allowable relief may be obtained from
certain policies, rules, regulations and statutory provisions; and
providing for pilot program to end on specified date.
Referred to the Committee on Finance.
By Senators Bailey, Kessler, Love and Unger:
Senate Bill No. 420-
A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-
3E-3a, relating to requiring anyone who uses any kind of explosive
material to make a quarterly inventory and usage report to the
State Police which lists when and where such materials were used.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 421-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §55-
7-23, relating to the apportionment of damages in court actions
involving the tortious conduct of more than one person; allowing
for several liability for certain defendants; allowing for several
liability subject to reallocation for certain defendants; and
providing for joint and several liability for defendants that are
found to be more than twenty-five percent at fault.
Referred to the Committee on the Judiciary.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 32, Requesting Joint
Committee on Government and Finance study economic benefits of
distributing discount coupons designed to encourage participation
in various in-state tourism and recreational activities.
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. Senate Bill No. 63, Requiring legislative approval for
certain designations of roads, highways or bridges.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 63) passed.
The following amendment to the title of the bill, from the
Committee on Transportation and Infrastructure, 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. 63--A Bill to amend and reenact §17-2A-8
of the Code of West Virginia, 1931, as amended, relating to
requiring legislative approval before a road, highway or bridge may
receive a memorial designation; and clarifying rule-making
procedure.
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. 238, Including steel railroad track and track material under statutory provisions
involving purchase of scrap metal.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 238) 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. 281, Continuing Emergency Medical
Services Advisory Council.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 281) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 281) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 282, Continuing School Building
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, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham,
Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Harrison and Weeks--2.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 282) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Harrison and Weeks--2.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 282) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 283, Continuing Health Care 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, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 283) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 283) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 284, Continuing Office of Insurance Commissioner.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 284) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 284) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 285, Continuing Division of Culture and
History.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 285) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 285) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 286, Continuing 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: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 286) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 286) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business
Com. Sub. for Senate Bill No. 198, Relating to fire safety
standards for bed and breakfast establishments.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Kessler, Deem, Hunter, Chafin,
Yoder and Plymale.
Thereafter, at the request of Senator Edgell, and by unanimous
consent, the remarks by Senator Kessler were ordered printed in the
Appendix to the Journal.
At the request of Senator Sprouse, unanimous consent being
granted, the remarks by Senator Deem were ordered printed in the
Appendix to the Journal.
At the request of Senator White, and by unanimous consent, the
remarks by Senator Hunter were ordered printed in the Appendix to
the Journal.
At the request of Senator Kessler, unanimous consent being
granted, the remarks by Senator Yoder were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, March 2, 2005, at 11 a.m.
____________