(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
TWENTY-NINTH DAY
____________
Charleston, W. Va., Wednesday, March 9, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Richard G. Mahan, St.
Timothy Lutheran Church, Charleston, West Virginia.
Pending the reading of the Journal of Tuesday, March 8, 2005,
On motion of Senator Yoder, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2189--A Bill to amend and
reenact §15-10-4 of the Code of West Virginia, 1931, as amended,
relating to authorizing law-enforcement officials to deputize law-
enforcement personnel employed by out-of-state jurisdictions; and
conditions.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2368--A Bill to amend and reenact §19-20A-
5 of the Code of West Virginia, 1931, as amended, relating to
vaccination of dogs and cats; and increasing the veterinary fee for
vaccinating dogs and cats for rabies from four dollars to eight
dollars each.
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. 2428--A Bill to amend and reenact §50-1-11
of the Code of West Virginia, 1931, as amended, relating to the
location of magistrate courts generally; and providing that
magistrate court may be temporarily held in various locations
throughout the county.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2497--A Bill to amend and reenact
§17C-17-9a of the Code of West Virginia, 1931, as amended, relating
to the regulation of truck trailer weights; providing for single
unit trucks having one steering axle and four axles in quadem and setting a seventy-three thousand pound gross weight limit with a
tolerance of ten percent for these trucks; providing that a single
unit truck with one steering axle and two axles in tandem operating
in combination with a trailer with two axles is limited to a
maximum gross weight of eighty thousand pounds with a tolerance of
ten percent; clarifying that registered weight includes the
tolerance granted by law; and providing that a single unit truck
with one steering axle and three axles in tridem operating in
combination with a trailer with two axles is limited to a maximum
gross weight of eighty thousand pounds with a tolerance of ten
percent.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2501--A Bill to amend and
reenact §5-10-18 of the Code of West Virginia, 1931, as amended,
relating to providing for the termination of membership in the
Public Employees Retirement System of Jobs for West Virginia's
Graduates; providing for withdrawal from system without forfeiture
of service credit; specifying time periods; requiring pension plan
in lieu of public employees retirement system; notice; and option.
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. 2510--A Bill to amend and reenact §18B-3D-
4 of the Code of West Virginia, 1931, as amended, relating to the
workforce development initiative generally; and providing that
public sector employers may participate in the initiative under
certain circumstances.
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. 2607--A Bill to amend and reenact §16-22-3
of the Code of West Virginia, 1931, as amended, relating to the
expansion of newborn testing to include sickle cell anemia and
congenital adrenal hyperplasia.
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. 2663--A Bill to amend and
reenact §19-1A-3 and §19-1A-3a of the Code of West Virginia, 1931,
as amended, all relating to digging, growing, collecting,
gathering, possessing and selling ginseng; defining certain terms;
authorizing Division of Forestry to regulate ginseng; providing
rule-making authority; establishing ginseng harvest seasons;
requiring permits to grow or dig ginseng or to act as dealer; providing exceptions to the permit requirement; setting forth other
permit requirements; requiring records be kept; authorizing certain
inspections; requiring ginseng to be certified; providing for
denial, suspension or revocation of permit; and establishing civil
and criminal penalties.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 9th day of March, 2005, presented to His
Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 269), Supplementing, amending, reducing and
increasing items of existing appropriations from State Road Fund to
Department of Transportation, Division of Highways.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 147, Limiting access to certain chemicals used
in production of methamphetamine.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 147 (originating in the
Committee on Health and Human Resources)--
A Bill to amend and
reenact §60A-2-212 of the Code of West Virginia, 1931, as amended;
to amend and reenact §60A-3-308 of said code; to amend said code by
adding thereto a new article, designated §60A-10-1, §60A-10-2,
§60A-10-3, §60A-10-4, §60A-10-5, §60A-10-6, §60A-10-7, §60A-10-8,
§60A-10-9, §60A-10-10, §60A-10-11, §60A-10-12 and §60A-10-13, all
relating to limiting the purchase of substances used in the
production of methamphetamine; providing that certain substances
containing ephedrine, pseudoephedrine or phenylpropanolamine, their
salts or optical isomers or salts of optical isomers are Schedule
V substances; providing legislative findings; defining terms;
limiting access to such substances; providing procedures for
purchasing such substances from pharmacists or licensed pharmacy
technicians; providing for the registration of every wholesaler,
manufacturer or distributor of certain drug products containing
such substances; providing for a supplemental list of drug products
used in methamphetamine production; creating a central repository
regarding the reporting of information related to such substances;
requiring medical and dental professionals to report
methamphetamine-related injuries; providing that exposure of children to methamphetamine production is prima facie evidence of
child abuse; providing for severability; allowing the State Police
to leverage grant funds; requiring reporting by the State Police to
the Legislative Oversight Commission on Health and Human Resources
Accountability; and providing penalties
.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 147), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Sharpe, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 406, Establishing Uniform Environmental
Covenants Act.
And,
Eng. House Bill No. 2333, Establishing a program to encourage
voluntary reclamation of lands adversely affected by mining
activities.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 413, Relating generally to financially related
activities of state-chartered banking institutions.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 418, Providing insurance reform by expanding
and providing funding and expanded powers for Office of Consumer
Advocacy.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original triple committee reference
first be referred to the Committee on the Judiciary; and then to
the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on the Judiciary; and then to the
Committee on Finance, with amendments from the Committee on Banking
and Insurance pending.
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. 435, Creating method municipal courts can
recover certain uncollectible fines.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 435 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §8-10-2b
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §17B-3-3c and §17B-3-9 of said code, all relating to the
powers and duties of municipal courts; failure to appear for
municipal court hearings; failure to pay municipal court fines and
fees; cancellation, suspension and revocation of driver's licenses;
notice by municipality to Tax Commissioner; payment of fines and fees from state income tax refund; administration fee of Tax
Commissioner; allocation of income tax refund; promulgation of
rules by Tax Commissioner; suspension of license to continue until
fees, fines and reinstatement fee paid; and reissuance of notice by
municipality.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 435), under the original
double committee reference, was then referred to the Committee on
Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Chafin, Jenkins, McCabe, Foster, Deem, Kessler,
Minard, White, Fanning, Oliverio, Caruth and Guills:
Senate Bill No. 488-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §31D-
11-1109, relating to permitting the conversion of a domestic
corporation to a domestic limited liability company.
Referred to the Committee on the Judiciary.
By Senators Hunter, Barnes, Dempsey and Unger:
Senate Bill No. 489-A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§49-4-9, relating to requiring the Department of Health and Human
Resources to develop in-state treatment facilities for children
with special needs.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Jenkins and Sharpe:
Senate Bill No. 490-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §55-
7-18A, relating to providing employer immunity for disclosure of
information regarding former employees; and providing that
information provided is presumed to be in good faith.
Referred to the Committee on the Judiciary.
By Senators Love, Facemyer and Bailey:
Senate Bill No. 491-A Bill to repeal §28-6-1 and §28-6-2 of
the Code of West Virginia, 1931, as amended, relating to the
Compact for Out-of-State Parolee Supervision.
Referred to the Committee on the Judiciary.
By Senators Love, Sharpe, Edgell and Minear:
Senate Bill No. 492-
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.
By Senator Bowman:
Senate Bill No. 493-A Bill to amend and reenact §21A-1A-17 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§21A-2-6 of said code; to amend said code by adding thereto a new
section, designated §21A-5-10c; and to amend and reenact §21A-6-1
and §21A-6-3 of said code, all relating to unemployment
compensation generally; revoking and preventing contractual
relationships or licensure with employers who are in default;
placing a limit on the amount of wages an election official can
receive in a calendar year that are not considered employment wages
for unemployment compensation purposes; preventing State
Unemployment Tax Act (SUTA) dumping, a method to circumvent the
paying of proper unemployment compensation taxes in order to comply
with federal requirements; and imposing a criminal penalty for
dumping violations.
Referred to the Committee on Finance.
By Senator Foster:
Senate Bill No. 494-A Bill to amend and reenact §17A-3-4 of
the Code of West Virginia, 1931, as amended, relating to
registration of motor vehicles generally; exempting certain
comparable new motor vehicles from the privilege tax; refunds to
certain manufacturers; and retroactive application.
Referred to the Committee on Finance.
By Senators Bailey, Hunter, Bowman, McKenzie, Love, Dempsey
and Jenkins:
Senate Bill No. 495-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §61-3-9, relating to establishing the crime of wanton endangerment
involving the use of fire; and providing a penalty.
Referred to the Committee on the Judiciary.
By Senators Hunter, Dempsey, Barnes and Unger:
Senate Bill No. 496-A Bill to amend and reenact §18-20-1 of
the Code of West Virginia, 1931, as amended, relating to requiring
the Department of Health and Human Resources to reimburse county
boards of education for the cost of education for children with
special needs who are in foster care; and requiring the State Board
of Education in collaboration with the Department of Health and
Human Resources to promulgate rules designed to determine the extra
cost to be reimbursed.
Referred to the Committee on Health and Human Resources; then
to the Committee on Education; and then to the Committee on
Finance.
By Senator Hunter:
Senate Bill No. 497-A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §11-
28-1, §11-28-2, §11-28-3, §11-28-4, §11-28-5, §11-28-6, §11-28-7,
§11-28-8, §11-28-9, §11-28-10, §11-28-11, §11-28-12, §11-28-13 and
§11-28-14, all relating to authorizing county commissions to impose
a recreation and amusement tax; requiring approval by voters;
providing legislative findings; specifying maximum rate of tax;
calculation of tax; taxable events, fees, services and sales;
accounting and reporting by vendor; exempted fees, services and
sales; collection and recordkeeping by county sheriffs; and dedication of funds.
Referred to the Committee on Finance.
By Senators Bowman, Kessler, Jenkins, McCabe, Dempsey,
McKenzie, Barnes, Unger and Plymale:
Senate Bill No. 498-
A Bill to amend and reenact §7-4-6 of the
Code of West Virginia, 1931, as amended, relating to continuing the
West Virginia Prosecuting Attorneys Institute until the thirtieth
day of July, two thousand eleven; altering the scope of
responsibility to include services to the entire staff of
prosecutors; allowing the Institute to train law-enforcement
personnel and other investigative agencies; and allowing the
Institute to partner with private groups or organizations and
accept moneys for reimbursement for expenses incurred with respect
to its duties.
Referred to the Committee on Government Organization.
By Senators Jenkins, Foster and McCabe:
Senate Bill No. 499-
A Bill to amend and reenact §55-7-11a of
the Code of West Virginia, 1931, as amended, relating to the
admissibility of expressions of apology, responsibility, sympathy,
commiseration, condolence, compassion or general sense of
benevolence which are made by a health care provider or an employee
of a health care provider to a patient or relatives or
representatives of the patient; and providing that any such
expressions made to a patient or his or her relatives or
representatives shall be inadmissible as evidence of admission of
liability or as evidence of an admission against interest.
Referred to the Committee on the Judiciary.
By Senators McCabe, White, Foster, Unger, Love and Kessler:
Senate Bill No. 500-A Bill to amend and reenact §29-22A-10 of
the Code of West Virginia, 1931, as amended, relating to increasing
the allocation of racetrack video lottery net terminal income to be
used for payment into the pension plan for employees of the
Licensed Racing Association.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
Senators Plymale, McCabe, Minard, Dempsey, Jenkins and Unger
offered the following resolution:
Senate Concurrent Resolution No. 43--Requesting the Joint
Committee on Government and Finance study the possible expansion of
in-home family education programs.
Whereas, The Legislature recognizes the benefit of in-home
family education, using research-based models to provide voluntary,
ongoing parent education and family support services to families
with young children through home visits; and
Whereas, There are 30 programs in 24 counties which served
nearly 1,700 families representing more than 5,000 individuals in
2004; and
Whereas, In-home family education offers parents an approach
that enhances their children's readiness to learn; and
Whereas, Children who receive in-home family education show
improved early literacy, language, problem-solving and social
awareness skills and have higher standardized test scores; and
Whereas, Participating families rely less on public
assistance, have healthier intervals between pregnancies, have
fewer problems with substance abuse and have less criminal justice
involvement. They are also more likely to have health insurance, to
seek prenatal and well-child care and to get their children
immunized; and
Whereas, Research shows that participation in in-home family
education is associated with higher rates of high school graduation
and reductions in adolescent risk behavior; and
Whereas, A need exists in West Virginia to offer services to
enhance early learning by children; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the possible expansion and funding for in-home
family education programs; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 41, Requesting Congress
provide funding for double-stack rail route in state and requesting
Joint Committee on Government and Finance study intermodal
transportation.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 42, Urging Congress provide
domestic energy policy and requesting Joint Committee on Government
and Finance study energy policy for state.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 107, Relating to hunting
with dogs on land of another without permission.
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. 107) 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. 226, Relating
to cross-reporting when abuse or neglect of individuals or animals
suspected; penalties.
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 Com. Sub. for S. B. No. 226) 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. 280, Relating to tolling state licensure or registration requirement for active military.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
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. 280) 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. 347, Authorizing rules of Higher
Education Policy Commission and Council for Community and Technical
College Education.
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. 347) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 347) 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. 401, Relating to
institutional boards of governors at certain community and
technical colleges.
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. 401) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 401) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the tenth order of business.
Senate Bill No. 222, Relating to membership of Workforce Investment Council.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. House Bill No. 2495, Repeal the requirement that jails be
inspected by appointees of the Circuit Courts.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 2592, Relating to the
design-build procurement act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Facemyer.
Thereafter, at the request of Senator Chafin, and by unanimous
consent, the remarks by Senator Facemyer were ordered printed in
the Appendix to the Journal.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, March 10, 2005, at 11 a.m.
____________