WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

THIRTIETH DAY

____________

Charleston, W. Va., Thursday, February 6, 2003

     The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by Dr. Earl Hissom III, Hissom Tabernacle Church, Charleston, West Virginia.
     Pending the reading of the Journal of Wednesday, February 5, 2003,
     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.
     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. 2704--A Bill to amend chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article eight-a, relating to the supervision and return of juvenile offenders, juvenile runaways and other juveniles; and authorizing and directing the governor to execute a compact for the supervision and return of juvenile offenders, juvenile runaways and other juveniles.
     Referred to the Committee on Interstate Cooperation; and then to 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. 2781--A Bill to amend article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifty-one, relating to the transfer, retirement or disposal of state police canines.
     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. 2829--A Bill to amend and reenact section one-b, article one, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the division of culture and history.
     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. House Bill No. 2830--A Bill to amend and reenact section twenty-one, article one, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the division of natural resources.
     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. House Bill No. 2831--A Bill to amend and reenact section fifteen-a, article eight, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the continuation of the records management and preservation board.
     Referred to the Committee on Government Organization.
     The Senate proceeded to the fourth order of business.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 339, Establishing flood prevention task force.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 339 (originating in the Committee on Government Organization)--A Bill to amend article twenty-one-a, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifteen, relating to creating the West Virginia flood protection task force to help coordinate federal, state and local governmental response to flooding; membership; powers and duties; creating an advisory panel; membership; powers and duties; meetings; and sunset provision.
     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,
                               Edwin J. Bowman,
                               Chair.
     The bill (Com. Sub. for S. B. No. 339), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 375, Allowing transfer of license to new business entity in certain cases.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 397, Transferring Big Ditch Lake wildlife management area to parks section of division of natural resources.
     And has amended same.
     And,
     Senate Bill No. 404, Establishing blue and gray intermodal highway authority.
     And has amended same.
     And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     The bills, under the original double committee references, were then referred to the Committee on Finance, with amendments from the Committee on Government Organization pending.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 439, Increasing overtime and holiday pay for classified employees; removing experience cap.
     And reports the same back without recommendation as to passage; but with the recommendation that it first be referred to the Committee on Education; and then, under the original double committee reference, to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     On motion of Senator Bowman, the bill (S. B. No. 439) contained in the foregoing report from the Committee on Government Organization was referred to the Committee on Education; and then, under the original double committee reference, to the Committee on Finance.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
     By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
     Senate Bill No. 461-- A Bill to amend and reenact section three, article twenty-four, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to updating the meaning of certain terms used in West Virginia corporation net income tax act by bringing them into conformity with their meanings for federal income tax purposes; and specifying effective date.
      Referred to the Committee on Finance.
     By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
     Senate Bill No. 462-- A Bill to amend and reenact section nine, article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to updating the meaning of certain terms used in the West Virginia personal income tax act by bringing them into conformity with their meanings for federal income tax purposes; and updating effective date.
      Referred to the Committee on Finance.
     By Senators Hunter and Rowe:
     Senate Bill No. 463-- A Bill to amend and reenact section two- a, article three, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to restricting the official designated to supervise absentee voting to conducting absentee voting one day per location; allowing volunteer poll workers who satisfy all other requirements to conduct absentee voting; and restricting a candidate from visiting a school where absentee voting is being held for thirty days prior to the absentee voting taking place.
      Referred to the Committee on the Judiciary.
     By Senators McKenzie, Kessler, Edgell and Bowman:
     Senate Bill No. 464-- A Bill to amend and reenact section fourteen, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing the purchase of special motor vehicle registration plates demonstrating association with West Liberty state college.
      Referred to the Committee on Transportation; and then to the Committee on Finance.
     By Senator Bowman:
     Senate Bill No. 465-- A Bill to amend and reenact section six, article eleven-a, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing a retail markup on the sale of cigarettes of ten percent and on the sale of beer of nineteen percent.
      Referred to the Committee on Finance.
     By Senators Love, Ross, Sharpe, Hunter, Facemyer, Dempsey, Oliverio and Helmick:
     Senate Bill No. 466-- A Bill to amend and reenact section twenty-two-a, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section twenty-three of said article; and to further amend said article by adding thereto a new section, designated section twenty-four-a, all relating to authorizing black bear hunting outfitters with dogs to conduct hunting expeditions for profit.
      Referred to the Committee on Natural Resources; and then to the Committee on Finance.
     By Senators Minard, Jenkins and Minear:
     Senate Bill No. 467-- A Bill to amend and reenact sections one, two, three, four, six and seven, article thirty-seven, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto two new sections, designated sections eight and nine, all relating to licensing and authority of managing general agents; increasing the authority of the commissioner, including the authority to order penalties in an amount not exceeding ten thousand dollars for a violation of the article; refining definitions; and providing short title.
      Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
     Senate Bill No. 468--A Bill to amend and reenact section three, article fourteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to gasoline and special fuel excise tax; and repealing requirement that tax commissioner annually report by county and individual gas pump within each county amount of gasoline and special fuel excise tax collected.
     Referred to the Committee on Finance.
     By Senators Prezioso, Unger and Bowman:
     Senate Joint Resolution No. 9--Proposing an amendment to the Constitution of the State of West Virginia, amending section thirteen, article VI thereof, relating to eligibility to seat in Legislature; making employees of institutions of higher education in this state eligible; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
     Referred to the Committee on Education; and then to the Committee on the Judiciary.
     Senators Hunter, Plymale, Ross, Unger, Rowe, Caldwell, Dempsey, Oliverio, Sharpe, Smith, Kessler, Helmick, Bailey, Snyder, Edgell, Bowman, Prezioso, McCabe, White, Fanning, Jenkins, Minard, Love, Weeks, Harrison, Sprouse, Minear, Guills, Boley and Tomblin (Mr. President) offered the following resolution:
     Senate Resolution No. 14-- Designating February 6, 2003, as "Social Work Day" in recognition of social workers and their commitment and dedication to individuals, families and communities.
     Whereas, Social workers present opportunities to those in greatest need and use their education, professional training and commitment to improve all communities; and
     Whereas, Social workers are dedicated advocates for the rights of others; and
     Whereas, Social workers effect numerous programs and policies which strengthen individual lives and society as a whole; and
     Whereas, Social workers, whether in direct practice, administration, education and research or policy development, make an impact in every community; therefore, be it
     Resolved by the Senate:
     That the Senate hereby designates February 6, 2003, as "Social Work Day" in recognition of social workers and their commitment and dedication to individuals, families and communities; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia chapter of the National Association of Social Workers.
     At the request of Senator Hunter, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     On motion of Senator Chafin, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
      At the request of Senator Plymale, unanimous consent being granted, Senators Plymale and Jenkins offered the following resolution from the floor:
     Senate Resolution No. 15-- Recognizing the outstanding accomplishments of the 2002 Marshall University Thundering Herd football team.
     Whereas, The Thundering Herd football team, unbeaten at home, had an overall record of 11-2; and
     Whereas, The Thundering Herd won its sixth consecutive Mid- American Conference East Division title; and
     Whereas, The Thundering Herd participated in its sixth consecutive bowl game, winning the 2002 GMAC Bowl Championship and bringing the Herd its fifth consecutive bowl win; and
     Whereas, With 19 consecutive winning seasons, the Thundering Herd is tied for the 25th longest winning streak in NCAA history; and
     Whereas, The Thundering Herd finished the season ranked 19th in the nation in the ESPN/USA Today Coaches poll, the third time in the last four seasons that the Herd has finished in the top 25; and
     Whereas, Numerous members of the 2002 Thundering Herd football team have received many honors and set records, with Coach Bob Pruett leading the squad with distinction; and
     Whereas, The 2002 Thundering Herd football team, coaches and staff are sportsmen on and off the field, bringing pride and recognition to Marshall University, the City of Huntington, Cabell and Wayne counties and the State of West Virginia by displaying courage, enthusiasm, talent and sportsmanship; therefore, be it
     Resolved by the Senate:
     That the Senate hereby recognizes the 2002 Marshall University Thundering Herd football team and congratulates each team member and the coaching staff on an outstanding season; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Head Coach Bob Pruett and Marshall University President Dr. Dan Angel.
     At the request of Senator Plymale, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     At the request of Senator Plymale, and by unanimous consent, Senator Plymale addressed the Senate regarding the adoption of Senate Resolution No. 15.
     On motion of Senator Chafin, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Petitions

     Senator McCabe presented a petition from Betty Jo Williams and twenty-two Kanawha County teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Sharpe presented a petition from Marian L. Steele and numerous West Virginia residents, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Ross presented a petition from Dona E. Saffer and three Pocahontas County teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Dempsey presented a petition from Linda J. Adkins and nineteen Boone County teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Love presented a petition from Linda D. Brown and numerous Fayette County teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Sprouse presented a petition from Dianna Shillingburg and numerous West Virginia residents, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Edgell presented a petition from Beth Lowe and fourteen Wetzel County teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Prezioso presented a petition from Juanita L. Edge and twelve Marion County teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Prezioso presented a petition from Stewart R. Kirby and numerous West Virginia residents, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Plymale presented a petition from R. Kevin Kelly and numerous Cabell County residents, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 469 (originating in the Committee on Government Organization)--A Bill to amend and reenact section nineteen, article eleven, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the West Virginia contractor licensing board.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 470 (originating in the Committee on Government Organization)--A Bill to amend and reenact section thirteen, article nine, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the West Virginia board of manufactured housing construction and safety.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 471 (originating in the Committee on Government Organization)--A Bill to amend article five, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-five, relating to continuation of the West Virginia board of pharmacy.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     The Senate proceeded to the seventh order of business.
      Senate Concurrent Resolutions No. 23, Requesting Division of Highways name intersection of Route 123 and King Coal Highway in Mercer County "Nelson Walker Interchange".
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation.
     The Senate proceeded to the ninth order of business.
     Com. Sub. for Senate Joint Resolution No. 6, Proposing amendment to Constitution designated Legislative Pay Raise Reform Amendment.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Bailey, the following amendment to the resolution was reported by the Clerk and adopted:
     On page six, section thirty-three, line ninety-one, by striking out the words "Pay Raise" and inserting in lieu thereof the word "Compensation".
      The resolution (Com. Sub. for S. J. R. No. 6), as amended, was then ordered to engrossment and third reading.
     Com. Sub. for Com. Sub. for Senate Bill No. 170, Requiring informed consent for abortion; other provisions.
      On second reading, coming up in regular order, was read a second time.
     Senator Snyder moved that the bill be advanced to third reading with the right for amendments to be considered on that reading.
     The question being on the adoption of Senator Snyder's aforestated motion, the same was put and did not prevail.
     Thereafter, the bill (Com. Sub. for Com. Sub. for S. B. No. 170) was ordered to engrossment and third reading.
      Senate Bill No. 342, Limiting time driver's license may be issued to certain noncitizens.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
      Senate Bill No. 381, Adding professional surveyors to professional limited liability companies.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
      Senate Bill No. 388, Modifying requirements for titling and registration of imported vehicles.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
      Senate Bill No. 390, Removing requirement social security number appear on commercial driver's license.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
      Senate Bill No. 414, Authorizing real estate commission to enter into license reciprocity agreements with other states.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
      Senate Bill No. 447, Allowing reciprocal agreements with Ohio regarding hunting and fishing.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
      Eng. Com. Sub. for House Bill No. 2121, Establishing the "All-Terrain Vehicle Safety Act" and the reasons therefor.
     On second reading, coming up in regular order, was read a second time.
     At the request of Senator Ross, as chair of the Committee on Transportation, unanimous consent being granted, the unreported Transportation committee amendment to the bill was withdrawn.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk:
     On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     That the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new chapter, designated chapter seventeen-f, to read as follows:

CHAPTER 17F. ALL-TERRAIN VEHICLES.

ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17F-1-1. Definitions.
     As used in this chapter:
     (1) "All-terrain vehicle" or "ATV" means a three-wheeled or four-wheeled motor vehicle, generally characterized by large low- pressure tires, a seat designed to be straddled and handlebars for steering, which is intended for off-road use usually on various types of nonpaved terrain other than an unpaved race track;
     (2) "Commissioner" means the commissioner of the division of motor vehicles.
§17F-1-2. Acts prohibited by operator.

(a) No all-terrain vehicle may be operated in this state:

     (1) On any interstate highway except by public safety personnel responding to emergencies;
     (2) On any road or highway with a center line or more than two lanes and a speed limit of sixty-five miles per hour or less except for the purpose of crossing the road, street or highway, if:
     (A) The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
     (B) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
     (C) The operator yields his or her right of way to all oncoming traffic that constitutes an immediate potential hazard; and
     (D) Both the headlight and taillight are illuminated when the crossing is made if the vehicle is so equipped.
     (3) On any road, trail or any other lands within boundaries of any state park, state forest or wildlife management area except as may be authorized by the director of the division of natural resources by rule promulgated pursuant to the provisions of article three, chapter twenty-nine-a of this code;
     (4) On any road, trail or any other lands within the boundaries of the Hatfield-McCoy recreation area, except as may be authorized by rule promulgated pursuant to the provisions of article three, chapter twenty-nine-a of this code by the Hatfield-McCoy recreation area authority;
     (5) On any road, trail or any other lands under the jurisdiction of the state rail authority except as may be authorized by the authority by rule promulgated pursuant to the provisions of article three, chapter twenty-nine-a of this code;
     (6) On any road, trail or any other lands within the boundaries of land owned by a nonprofit or not-for-profit entity used for public recreational purposes except as authorized by the governing board of such entity;
     (7) Within the boundaries of any municipal or county owned or operated recreational area except as may be authorized by the county commission of said county;
     (8) Unless operators and passengers, if any, under the age of eighteen are wearing protective helmets that meet the current performance specification established by the American National Standards Institute Standard, Z 90.1, the United States Department of Transportation Federal Motor Vehicle Safety Standard No. 218 and any passenger under the age of eighteen riding with an operator under the age of eighteen rides astraddle the vehicle with both feet, where applicable, on the vehicle's running boards;
     (9) With a passenger unless the operator is at least seventeen years of age;
     (10) Anytime from sunset to sunrise without an illuminated headlight or lights and taillights;
     (11) Without United States forest service qualified spark arrester and a manufacturer-installed or equivalent muffler in proper working order and properly connected to the vehicle's exhaust system;
     (12) Unless operating in compliance with the provisions of section three of this article; or
     (13) In a careless or reckless manner so as to endanger or cause injury or damage to any person or property.
     (b) Any person not exempted by the provisions of this article who violates the provisions of subdivision (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12) or (13), subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars.
     (c) No provision of this section may be construed to prohibit a municipal, county or state law-enforcement officer from entering upon private lands while in active pursuit of an operator of an all-terrain vehicle who has violated a provision of this section if occurred in the officer's presence.
     (d) Notwithstanding any provision of this chapter to the contrary, an all-terrain vehicle may, for the sole purpose of getting from one trail, field or area of operation to another, be operated upon the shoulder or as close as possible to the edge of a road, street or highway, other than an interstate highway for a reasonable distance, if:
     (1) The vehicle is operated at speeds of twenty-five miles per hour or less; and
     (2) If operated at any time from sunset to sunrise, the all- terrain vehicle must be equipped with headlights and taillights which must be illuminated.
     (e) For purposes of subsection (d) of this section, the reasonable distance which may be traveled for the sole purpose of getting from one trail, field or area of operator to another upon the shoulder or as close as possible to the edge of a road, street or highway, other than an interstate highway, shall not exceed that distance as established for farm-use vehicles and shall be set by the commissioner by rule.
     (f) Notwithstanding the provisions of this chapter to the contrary, a municipality, county or other political subdivision of the state may authorize the operation of all-terrain vehicles on certain paved roads, streets or highways which are marked with centerline pavement markings, other than interstate highways, to allow participation in parades, exhibitions and other special events, or for specified purposes, or in emergencies.
§17F-1-3. Safety training.
     (a) On and after the first day of July, two thousand three, the commissioner of the division of motor vehicles shall offer a free all-terrain vehicle rider safety training course, and may approve other free all-terrain vehicle rider safety training courses, to meet the reasonably anticipated needs of the public. The commissioner shall offer free safety training course materials free of charge to authorized dealers of all-terrain vehicles, the materials and courses to be provided by the authorized dealers free of charge to purchasers and potential purchasers.
     (b) The commissioner shall issue certificates of completion to persons who satisfactorily complete the requirements of an approved course. The commissioner may authorize a dealer of all-terrain vehicles to issue the certificates of completion so long as the dealer has provided a free rider safety training course free of charge, as authorized and approved by the division.
     (c) On and after the first day of July, two thousand three, a person under the age of eighteen may operate an all-terrain vehicle only by obtaining a certificate of completion of a vehicle rider training course as offered or approved by the commissioner; or a person aged eighteen or over may operate an all-terrain vehicle by possessing a valid driver's license.
     (d) The commissioner shall promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code to facilitate the implementation of this article.
§17F-1-4. Local government authority to regulate.
     (a) Notwithstanding any provision of this code to the contrary, a municipality may regulate in any manner not inconsistent with the provisions of this chapter or prohibit, by lawfully enacted ordinance, the operation of all-terrain vehicles upon any street, road or avenue within the municipal corporate limits not regulated by the provisions of subdivision (3), (4), (5), (6) or (7) , subsection (a) of this section.
     (b) Notwithstanding any provision of this code to the contrary, the county commission of each county may regulate in any manner not inconsistent with the provisions of this chapter or prohibit, by lawfully enacted ordinance, the operation of all- terrain vehicles upon any street, road or avenue within the county but not within a municipality's corporate limits or regulated by the provisions of subdivision (3), (4), (5), (6) or (7), subsection (a), section two of this article.
§17F-1-5. All-terrain vehicle rental dealers required to provide safety equipment.

     Any person or entity renting or leasing all-terrain vehicles for recreational purposes must provide protective helmets as defined by the provisions of section forty-four, article fifteen, chapter seventeen-c of this code to all persons using such vehicles who are under the age of eighteen and offer protective helmets to all persons eighteen and older using the rented or leased vehicles: Provided, That for the provisions of this section to be applicable, the users of the all-terrain vehicle must be known to the person or entity providing the rented or leased vehicle.
§17F-1-6. Exemption for farm and commercial use.
     No entity, governmental or private, authorized by the provisions of this chapter to prohibit all-terrain vehicle use on lands under its authority may by rule, regulation, ordinance or other enactment preclude the use or operation of all-terrain vehicles used for lawful agricultural purposes consistent with the provisions of section two, article three, chapter seventeen-a of this code or all-terrain vehicles being used for lawful commercial purposes.
     On motion of Senator Kessler, the following amendment to the Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B. No. 2121) was reported by the Clerk and adopted:
     On page six, section four, subsection (a), line twenty-five, by striking out the words "of this section" and inserting in lieu thereof a comma and the words "section two of this article".
     On motion of Senator Hunter, the following amendments to the Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B. No. 2121) were next reported by the Clerk and considered simultaneously:
     On page one, section two, subsection (a), subdivision (2), line twenty-four, by striking out the words "center line or" and inserting in lieu thereof the words "paved surface or a highway of";
     And,
     On page five, section two, subsection (f), lines thirteen and fourteen, by striking out the words "which are marked with centerline pavement markings".
     Following discussion,
     The question being on the adoption of Senator Hunter's amendments to the Judiciary committee amendment to the bill, the same was put and did not prevail.
      On motion of Senator Weeks, the following amendment to the Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B. No. 2121) was next reported by the Clerk:
     On page eight, after section six, by adding a new section, designated section seven, to read as follows:
§17F-1-7. Exemption for private lands.
     The provisions of this article do not apply if the all-terrain vehicle is operated exclusively on lands owned or leased by the vehicle owner or on private lands of others with the owners' permission.
      The question being on the adoption of the amendment offered by Senator Weeks to the Judiciary committee amendment to the bill, the same was put and did not prevail.
     On motion of Senator Weeks, the following amendment to the Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B. No. 2121) was next reported by the Clerk:
      On page four, section two, subsection (c), line fourteen, after the word "if" by inserting the words "the violation occurred on those properties specified in subdivision (1), (2), (3), (4), (5), (6) or (7), subsection (a) of this section and".
      The question being on the adoption of the amendment offered by Senator Weeks to the Judiciary committee amendment to the bill, the same was put and did not prevail.
     On motion of Senator Oliverio, the following amendments to the Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B. No. 2121) were next reported by the Clerk and considered simultaneously:
      On page four, section two, subsection (a), subdivision (12), line three, by striking out the word "or";
     On page four, section two, subsection (a), subdivision (13), line five, after the word "property" by changing the period to a semicolon and inserting the word "or";
     And,
     On page four, section two, subsection (a), after subdivision (13), by inserting a new subdivision, designated subdivision (14), to read as follows:
     (14) No person under the age of sixteen may operate any all-terrain vehicle having a motor the size of two hundred fifty cubic centimeters or greater.
      The question being on the adoption of Senator Oliverio's amendments to the Judiciary committee amendment to the bill, the same was put and did not prevail.
      The question now being on the adoption of the Judiciary committee amendment to the bill, as amended, the same was put and prevailed.
      The bill (Eng. Com. Sub. for H. B. No. 2121), as amended, was then ordered to third reading.
     The Senate proceeded to the tenth order of business.
     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Com. Sub. for Senate Bill No. 204, Relating to involuntary commitment generally.
     Senate Bill No. 336, Relating to uniform application forms for credentialing, recredentialing and updating information for health care practitioners.
     Senate Bill No. 356, Relating to insurance company holding systems and federal Gramm-Leach-Bliley Act.
     Senate Bill No. 358, Relating to redomestication of domestic insurance companies.
     Com. Sub. for Senate Bill No. 424, Authorizing commissioner of corrections to consent to transfer of convicted offenders under federal treaty; informed consent.
     And,
     Eng. Com. Sub. for House Bill No. 2122, Relating to medical professional liability generally.
     The Senate proceeded to the eleventh order of business and the introduction of guests.
     The Senate then proceeded to the twelfth order of business.
     Remarks were made by Senators Bowman, Ross and Chafin.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, February 7, 2003, at 11 a.m.
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