WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

THIRTY-EIGHTH DAY

____________

Charleston, W. Va., Friday, February 14, 2003

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

     Prayer was offered by the Reverend Norman Phillips, Belle Church of the Nazarene, Belle, West Virginia.
     Pending the reading of the Journal of Thursday, February 13, 2003,
     On motion of Senator Rowe, 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 that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
     Eng. Com. Sub. for House Bill No. 2121, Establishing the "All-Terrain Vehicle Safety Act" and the reasons therefor.
     On motion of Senator Chafin, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.
     Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
     Senators Ross, Caldwell and Facemyer.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 2--Requesting the Division of Highways name the bridge located at Route 10 on County Route 10/20 at the Huntington Business and Industrial Park in Huntington, Cabell County, West Virginia, the "James Vincent Owens Bridge".
     Whereas, James Vincent Owens, a retired soil specialist with the Corps of Engineers, presented a suggestion to the Enslow Park Neighborhood Association for the Kinetic Park in Huntington that would eliminate the culverts at the park. The original plans contemplated an entrance into Kinetic Park in the form of an earthen embankment across the creek with culverts through it to allow for control of the water flow. The main road into the Park would be constructed across this embankment. Jim Owens expressed concern that if the culverts were to be clogged as blocked, water would build up behind the wall and over the top of the embankment with significant pressure on the embankment that could lead to failure and collapse with the potential of a flood of water in the Enslow Park neighborhood resulting in serious damage and potential loss of life. As an alternative to the original plan, Jim Owens suggested the construction of a bridge which was considered a better approach and was approved; and
     Whereas, James Vincent Owens died during the planning and development stages of the Kinetic Park project after the Mayor of Huntington and the State approved the concept set forth by Mr. Owens and funding for the bridge was approved and the state committed moneys for construction; and
     Whereas, The new bridge at Route 10 on County Route 10/20 at the Huntington Business and Industrial Park in Cabell County is unnamed; and
     Whereas, The families and residents of this area desire that this bridge be officially recognized as the "James Vincent Owens Bridge" in honor of his contributions to his community; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the West Virginia Division of Highways to name the bridge located at Route 10 on County Route 10/20 at the Huntington Business and Industrial Park in Cabell County, West Virginia, the "James Vincent Owens Bridge"; and, be it
     Further Resolved, That the Division of Highways cause an appropriate sign to be placed at either end of this bridge which designates the bridge as the "James Vincent Owens Bridge"; and, be it
     Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this concurrent resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and the West Virginia State Historic Preservation Office.
     Referred to the Committee on Transportation.
     The Senate proceeded to the fourth order of business.
     Senator Hunter, from the Committee on Military, submitted the following report, which was received:
     Your Committee on Military has had under consideration
     Senate Bill No. 494, Regulating fees between cemeteries and veterans for setting grave markers.
     And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Jon Blair Hunter,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills and joint resolutions were introduced, read by their titles, and referred to the appropriate committees:
     By Senators Minard, Jenkins, Ross, Minear and Sharpe:
     Senate Bill No. 530-- A Bill to amend and reenact section six, article three, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact article eight of said chapter; to amend and reenact section three, article nine of said chapter; to amend and reenact section eleven, article twenty-two of said chapter; to amend and reenact section ten, article twenty-four of said chapter; to amend and reenact section four, article twenty-five-a of said chapter; to amend and reenact section five, article twenty-five-d of said chapter; and to amend and reenact section two-a article twenty- seven of said chapter, all relating to investments and investment practices of insurance companies; and correcting references to amended sections of article eight of said chapter.
      Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Ross, Edgell, White, Unger, Love, Plymale, Minear, Helmick, Prezioso, McCabe, Dempsey, Boley, Caldwell, Weeks and Minard:
     Senate Bill No. 531-- A Bill to amend and reenact section nine, article fifteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing an exemption for certain lodging franchise assessed fees from the consumers sales and service tax.
      Referred to the Committee on Finance.
     By Senators Minard, Jenkins and Minear:
     Senate Bill No. 532-- A Bill to amend chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-five-f, relating to preferred provider organizations; authorizing health care insurers to enter into preferred provider arrangements giving enrollees the option of choosing in-network or out-of-network health care services; establishing standards for approval of preferred provider benefit plans; requiring that certain provisions be included in preferred provider benefit plan policies or certificates; setting forth the circumstances under which coverage of an enrollee in a preferred provider benefit plan may be canceled or nonrenewed; requiring coverage for certain health care services related to mammography and pap smear testing, rehabilitation, child immunization, emergency treatment, colorectal cancer examination and laboratory testing, reconstructive surgery following mastectomy and mental health treatment; setting forth required provisions for contracts with preferred providers; setting forth required provisions for contracts between health care insurers and third-party administrators when third-party administrators are providing the preferred provider organization; requiring all rates for preferred provider benefit plans to not be excessive, inadequate or unfairly discriminatory and requiring that all rates and forms for preferred provider benefit plans be filed and approved by the insurance commissioner; requiring that enrollees receive from the health care insurer issuing the preferred provider benefit plan a provider roster; requiring that all advertising materials comply with article eleven of said chapter; allowing health care insurers offering preferred provider benefit plans prior to the effective date of the article to file all rates and forms within ninety days of the effective date and to continue operating the plans pending approval or denial of the rates and forms; authorizing the insurance commissioner to promulgate rules as necessary to administer the article; and authorizing the insurance commissioner to hold hearings on alleged violations of the article and to assess penalties or suspend or revoke the health care insurer's license for determined violations.
      Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Minard, Jenkins, Kessler, Ross, Minear, Sharpe and Plymale:
     Senate Bill No. 533-- A Bill to repeal section three-c, article sixteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section three-a of said article; and to amend and reenact section twenty-four, article twenty-five-a of said chapter, all relating to inclusion of mental health parity applicability to nonemployer groups; and applying provisions of mental health parity to health maintenance organizations.
      Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Minard, Jenkins, Sharpe, Minear and Ross:
     Senate Bill No. 534-- A Bill to amend chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article forty- six, relating to third-party administrators; requiring licensing of third-party administrators; requiring all third-party administrators to obtain certificates of authority; requiring third-party administrators to have written contracts with their insurers; and requiring third-party administrators to provide the commission with certain disclosures.
      Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Kessler, Hunter, Rowe, Fanning, Minard, Edgell, White, Weeks and Prezioso:
     Senate Bill No. 535-- A Bill to amend and reenact section eighteen, article sixteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend article three-a, chapter sixty of said code by adding thereto a new section, designated section twenty-five-a; and to amend and reenact section twenty, article eight of said chapter, all relating to the sale of alcohol, wine and beer to minors; mandatory carding of all purchasers of alcohol, wine and beer; authorizing assessment of enforcement processing fees against retailers for failure to card purchasers of beer, wine or alcohol; limiting the use of information derived from the use of transaction scan devices; requiring that notification of convictions be given to commissioner of alcohol beverage control administration; authorizing the commissioner of the alcohol beverage control administration and the state tax commissioner to propose legislative rules and emergency rules; creating absolute defenses for criminal and enforcement actions based on the unlawful sale of alcohol, beer and wine; providing for deposits of enforcement processing fees; and defining terms.
      Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 536-- A Bill to amend and reenact section one, article two, chapter forty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the fee charged by fiduciary commissioners in settling an estate.
      Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Minard:
     Senate Bill No. 537-- A Bill to amend and reenact section six, article four, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to young adult offenders; and including in the term "felony offense" a plea of guilty to a misdemeanor as the result of bargaining down from a felony charge.
      Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 538-- A Bill to amend and reenact section five, article three, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing a supplemental assessment on personal property when personal property has been omitted from the recordbooks.
      Referred to the Committee on Finance.
     By Senators Prezioso, Bowman, Fanning, Facemyer, Caldwell, Hunter, Ross, McCabe, Unger, Kessler, Rowe, Jenkins, Minard, Helmick, Sharpe, Love, Dempsey, Weeks, Harrison, Smith, Sprouse, Minear, Guills, Boley, Tomblin (Mr. President), Plymale and Bailey:
     Senate Bill No. 539-- 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 authorizing the issuance of a special motor vehicle license plate for "Harley Owners Group" members.
      Referred to the Committee on Transportation; and then to the Committee on Finance.
     By Senators Hunter, Dempsey, McCabe, Rowe, Prezioso, Unger, Caldwell, Kessler, Minard, White, Love and Fanning:
     Senate Bill No. 540-- A Bill to amend and reenact sections one, two and three, article one-b, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to reporting of unauthorized workers employed in West Virginia; findings; definitions; and recordkeeping.
      Referred to the Committee on Labor; and then to the Committee on the Judiciary.
     By Senators Harrison, Weeks and Smith:
     Senate Bill No. 541-- A Bill to amend and reenact sections one hundred four and two hundred two, article two, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said chapter by adding thereto a new article, designated article two-a, all relating to marriages; establishing covenant marriages; providing for divorce and separation from bed and board in a covenant marriage; and requiring the attorney general to prepare and publish a pamphlet concerning covenant marriages.
      Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Harrison, Kessler and Smith:
     Senate Bill No. 542-- A Bill to amend article one, chapter fifty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section ten-a, relating to establishing a marriage license discount if the applicants show proof of a certificate of completion by an approved premarital counseling course.
      Referred to the Committee on the Judiciary.
     By Senators Boley, Tomblin (Mr. President), Weeks, Edgell, Unger, Hunter, McCabe, Dempsey, Kessler, Rowe, Jenkins and Plymale:
     Senate Bill No. 543-- A Bill to amend and reenact section eleven-a, article one-c, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to limiting to one thousand acres per county the amount of timberland property eligible as managed timberland for property tax purposes for any one individual or entity.
      Referred to the Committee on Finance.
     By Senator Chafin:
     Senate Bill No. 544-- A Bill to amend and reenact section one, article eighteen, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections one, two, three and four, article six, chapter eight of said code, all relating to annexation by municipalities generally and hotel occupancy tax; requiring certain population density in election and petition methods; providing that the question of whether territory proposed to be annexed conforms with certain criteria is reviewable by a circuit court in certain cases; clarifying the requirements of a majority vote on certain questions of annexation in the municipality and in the territory to be annexed; and prohibiting municipalities from collecting hotel occupancy tax that a county collects in annexed territory.
      Referred to the Committee on the Judiciary.
     By Senators Dempsey, Love, Weeks and Smith:
     Senate Bill No. 545--A Bill to amend article two, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fourteen, relating to prohibiting school employees from counseling, referring, transporting or assisting any student to obtain an abortion; and providing that nothing in the section may be construed as approving of abortion.
     Referred to the Committee on Education; and then to the Committee on the Judiciary.
     By Senators Love and Hunter:
     Senate Bill No. 546--A Bill to amend and reenact section twenty-four, article three, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to assessments; review and equalization by county commissions; and creating a rebuttable presumption that the assessed value of a property as determined by the assessor is correct.
     Referred to the Committee on the Judiciary.
     By Senators Chafin, Helmick and Ross:
     Senate Joint Resolution No. 11--Proposing an amendment to the Constitution of the State of West Virginia, amending sections one and four, article VII thereof, all relating to the executive department; eliminating the succession of the governor; providing for one term of six years; designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
     Referred to the Committee on the Judiciary.
     By Senators Chafin, Helmick, Caldwell and Ross:
     Senate Joint Resolution No. 12-- Proposing an amendment to the Constitution of the State of West Virginia, amending section eight, article IX thereof; and further amending said article by adding thereto a new section, designated section eight-a, all relating to the formation and reformation of counties; authorizing the county to reconfigure county lines; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
     Referred to the Committee on Government Organization.
     Senators Unger, McCabe, Prezioso, Rowe, Hunter, Caldwell, Kessler, Fanning, Bailey, Weeks, Harrison, Edgell, White, Minard, Sharpe, Ross, Facemyer, Smith, Sprouse, Boley, Tomblin (Mr. President) and Guills offered the following resolution:
     Senate Concurrent Resolution No. 27-- Requesting the Joint Committee on Government and Finance study a statewide plan for protection of the state's water supply and access to clean and safe drinking water.
     Whereas, Water is a vital economic resource of equal or greater importance than any other mineral or natural resource; and
     Whereas, Access to an adequate supply of clean and safe drinking water is critical to the functioning of business and industry and to the health and safety of the people of this state; and
     Whereas, The recent extended drought throughout the eastern United States has brought focus to the need for comprehensive planning and protection for adequate supplies of water; and
     Whereas, The International Center for Investigative Journalism has documented a national and international trend of increasing management and control of water supplies and systems by private interests over publicly accountable local authorities; and
     Whereas, The State of West Virginia is the only state out of the surrounding states that has not promulgated or adopted a comprehensive plan for maintaining adequate supplies of clean and safe drinking water; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study a statewide plan for protection of the state's water supply and access to clean and safe drinking water; and, be it
     Further Resolved, That the Joint Committee on Government and Finance also study statewide coordination of water service programs, preparation and contingencies for droughts and strategies for improving water service and adequate supplies of clean and safe drinking water to citizens; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
Petitions

     Senator Dempsey presented a petition from Richard D. Stevens and four hundred West Virginia residents, supporting Committee Substitute for Senate Bill No. 56 (Prohibiting certain insurers to require persons under contract to use mail-order pharmacy) and House Bill No. 2142 (Prohibiting insurers from requiring persons covered under a contract to obtain prescription drugs from a mail-order pharmacy under certain circumstances).
     Referred to the Committee on Banking and Insurance.
     Senator Dempsey presented a petition from Rita E. Roberts and numerous West Virginia residents, supporting House Bill No. 2884 (Empowering family members and residents in nursing homes by requiring a nursing home to publicly post staffing information and granting rights to family councils).
     Referred to the Committee on Health and Human Resources.
     Senator Edgell presented a petition from Wilma Lawson and numerous West Virginia residents, requesting senior center programs receive fair share of lottery proceeds.
     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 Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     Senate Bill No. 362, Establishing Public-Private Transportation Act of 2003.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 362 (originating in the Committee on Transportation)--A Bill to amend chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-d, relating to establishment of the public-private transportation act of two thousand three; setting forth legislative findings and purposes; setting forth definitions; providing prerequisites for development of a transportation facility; providing for the creation of a public-private transportation oversight committee and its membership; setting forth the powers and duties of the committee; providing for the submission of proposals and approval by the committee; providing for service contracts; providing for the dedication of public property; setting forth the powers and duties of a developer; requiring a comprehensive agreement; providing for federal, state and local assistance; addressing material default and remedies; prohibiting governmental entities from pledging full faith and credit; providing for the exercise of condemnation; addressing utility crossings; addressing dedication of assets; providing for an exemption from purchasing rules; addressing severability; qualifying transportation facilities as public improvements; setting forth a termination date; and addressing construction.
     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,
                               Mike Ross,
                               Chair.
      The bill (Com. Sub. for S. B. No. 362), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     Senate Bill No. 370, Allowing certain vehicle auxiliary lighting devices when vehicle used off road.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 370 (originating in the Committee on Transportation)--A Bill to amend and reenact section seventeen, article fifteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to auxiliary lighting on motor vehicles; allowing roof- mounted light bar lighting devices on motor vehicles when used off road; and requiring that the devices be turned off and covered when the motor vehicle is operated on a road or highway.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
      Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     Senate Bill No. 430, Providing additional restrictions on outdoor advertising.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
      Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 547 (originating in the Committee on Finance)- -A Bill to amend and reenact section one, article two, chapter fifty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section four, article nine of said chapter, all relating to judges and justices generally; providing for a second judge in the thirtieth judicial circuit; providing for a fifth judge in the twenty-third judicial circuit; providing that a judge becoming eligible for retirement is not required to contribute to the retirement system; and clarifying that, for judicial retirement purposes, prosecuting time includes certain time served as an elected or appointed prosecuting attorney or assistant prosecuting attorney.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Plymale, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration
     Senate Bill No. 548 (originating in the Committee on Education)--A Bill to amend and reenact section four, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the auditor to promulgate a legislative rule relating to computer and technology donation program.
     And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Robert H. Plymale,
                               Chair.
     On motion of Senator Plymale, the bill (S. B. No. 548) contained in the foregoing report from the Committee on Education was then referred to the Committee on the Judiciary.
     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. 549 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact section twenty- three, article four, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to regulating businesses offering exotic entertainment; authorizing the commissioner of the alcohol beverage control commission to license all businesses offering exotic entertainment; defining terms; regulating the conduct of performances; removing time periods in which application for license may be made; providing opportunity for public comment; establishing standards for approval of application; requiring commissioner to issue license if certain criteria are met; setting time limit in which decision on application must be rendered; providing for prompt judicial review; providing that exhaustion of administration remedies is not required; setting effective date; and directing commissioner to promulgate emergency rules.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     On motion of Senator Prezioso, the bill (S. B. No. 549) contained in the foregoing report from the Committee on Health and Human Resources was then referred to the Committee on the Judiciary.
      The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 26, Requesting Division of Highways name bridge from Pomeroy, Ohio, to Mason "Bridge of Honor".
     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 Bill No. 56, Prohibiting certain insurers to require persons under contract to use mail-order pharmacy.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 400, Allowing insurance commissioner to disclose confidential information in certain cases.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
      Senate Bill No. 484, Making title insurance subject to rate filings.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
      Senate Bill No. 485, Authorizing insurance commissioner to enter into certain agreements and compromises.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
      Senate Bill No. 486, Requiring certified public accountant to notify insurer's board or audit committee of adverse financial condition.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
      Senate Bill No. 488, Establishing minimum surplus for farmers' mutual fire insurance companies.
     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 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. 213, Restricting actions brought by nonresidents in state courts.
     Com. Sub. for Senate Bill No. 340, Permitting county commissions to establish different building requirements in floodplain for insurance purposes.
     Com. Sub. for Senate Bill No. 383, Allowing alcohol beverage control commissioner, with approval of governor, to sell warehouse and purchase replacement.
     Senate Bill No. 384, Relating to location of alcohol beverage control administration.
     Com. Sub. for Senate Bill No. 395, Granting temporary grandparent visitation during divorce action; technical corrections.
     Com. Sub. for Senate Bill No. 399, Providing for criminal history checks for certain people working with children on school property.
     Senate Bill No. 461, Updating section of corporation net income tax act.
     Senate Bill No. 462, Updating certain terms in personal income tax act.
     Eng. Com. Sub. for House Bill No. 2077, Removing the requirement that the Joint Committee on Government and Finance be given reports on the Colin Anderson closure and relocation of patients.
     Eng. House Bill No. 2778, Continuing the West Virginia state police.
     And,
     Eng. House Bill No. 2803, Continuing the board of barbers and cosmetologists.
     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 Harrison, Prezioso, Hunter and Snyder.
      On motion of Senator Chafin, the Senate recessed for five minutes to permit Betsy Shaw to address the Senate on behalf of the Frasure-Singleton Student Legislative Program.
      Upon expiration of the recess, the Senate reconvened and, at the request of Senator Sharpe, and by unanimous consent, returned to the eleventh order of business and the introduction of guests.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until Monday, February 17, 2003, at 11 a.m.
____________