Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
     Senate Concurrent Resolution No. 7, Requesting Division of Highways name bridge on Route 80 at Verner "William Chapman Browning Bridge".
     A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
     Eng. Com. Sub. for House Bill No. 2121, Establishing the "All-Terrain Vehicle Safety Act" and the reasons therefor.
     The message further announced the appointment of the following conferees on the part of the House of Delegates:
     Delegates Beane, Kuhn and Leggett.
     The Senate again proceeded to the fourth order of business.
     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. 107, Creating sales tax holiday for back-to-school purchases.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Com. Sub. for Senate Bill No. 155 (originating in the Committee on Government Organization), Establishing western highway authority to include representatives from certain counties.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Com. Sub. for Senate Bill No. 155 (originating in the Committee on Finance)--A Bill to establish the western West Virginia highway authority to include representatives from Cabell, Mason, Jackson, Putnam and Wayne counties; appointment and terms of members; meetings of authority; appointment of officers; and powers of authority.
     With the recommendation that the committee substitute for committee substitute do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration
     Senate Bill No. 217, Relating to water treatment plant sludge.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 217 (originating in the Committee on Natural Resources)--A Bill to amend article fifteen, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-three, relating to the beneficial use of water treatment plant sludge; and requiring promulgation of emergency and legislative rules.
     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,
                               John Pat Fanning,
                               Chair.
     The bill (Com. Sub. for S. B. No. 217), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration
     Senate Bill No. 252, Authorizing department of environmental protection to promulgate legislative rules relating to standards for beneficial use of materials similar to sewage sludge.
     And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
                              Respectfully submitted,
                               John Pat Fanning,
                               Chair.
     The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary.
     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. 338, Establishing medicaid buy-in program for certain individuals with disabilities.
     With amendments from the Committee on Health and Human Resources pending;
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 338 (originating in the Committee on Finance)--A Bill to amend article four-a, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three, relating to the creation of a medicaid buy-in program for working individuals with disabilities; defining terms; setting eligibility requirements; continuation of coverage for an individual suffering an involuntary loss of employment; medicaid coverage for individuals no longer eligible for the program; setting an enrollment fee; requiring the department to develop a sliding scale of premiums; requiring biannual review of the premium; allowing increase and decrease of premiums; requiring the department to establish criteria for biannual redetermination of disability and establishing criteria for the redetermination; setting forth funding for the program; and authorizing emergency rules.
     And,
     Senate Bill No. 404, Establishing blue and gray intermodal highway authority.
     With an amendment from the Committee on Government Organization pending;
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 404 (originating in the Committee on Finance)--A Bill to establish the "Blue and Gray Intermodal Highway Authority"; functions; members; appointment; powers and duties; officers; bylaws; rules; compensation; and authority as corporate body.
     With the recommendation that the two committee substitutes do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               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. 391, Reducing training requirements for certain state police cadets.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 391 (originating in the Committee on Government Organization)--A Bill to amend and reenact section three, article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to training requirements for certain members of the state police.
     And,
     Senate Bill No. 510, Continuing commission on holocaust education.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 510 (originating in the Committee on Government Organization)--A Bill to amend and reenact sections two and three, article twenty-eight, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the West Virginia commission on holocaust education; providing for reimbursement of actual and necessary expenses; and authorizing the commission to accept gifts, donations and state funds as appropriated by the Legislature.
     With the recommendation that the two committee substitutes do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               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. 449, Authorizing transfer of surplus net profits between lottery fund and excess lottery fund.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               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 Concurrent Resolution No. 16, Requesting Federal Emergency Management Agency expedite updating flood insurance rate maps.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     The Senate again proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
     By Senator Snyder:
     Senate Bill No. 589--A Bill to amend and reenact section one hundred three, article two, chapter thirty-six-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to common interest communities; and providing that the provisions of said section relating to common interest communities and condominiums have no application to restrictive covenants which contain provisions allowing amendment when the provisions for amendment are duly followed.
     Referred to the Committee on the Judiciary.
     By Senator Caldwell:
     Senate Bill No. 590--A Bill to amend and reenact section seven, article twelve, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to school buses generally; and limiting idling of school buses in excess of five minutes except for certain purposes.
     Referred to the Committee on Education.
     By Senators Oliverio, Unger, McKenzie and Sprouse:
     Senate Bill No. 591--A Bill to amend chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article forty-one, relating to establishment of the athletic training licensure act of two thousand three; providing for licensure of athletic trainers; defining the practice of athletic training and athletic injury; establishing the athletic trainers' licensure board; providing for operation of the board; providing for fees and costs associated therewith; setting forth the powers and duties of the board; providing for the educational and licensing requirements for practice as an athletic trainer; providing for continuing education; providing enforcement powers and procedures; providing for penalties; and providing exemptions including provisions for exemption of licensed medical practitioners, student athletic trainers and state-certified athletic trainers practicing in secondary school settings.
     Referred to the Committee on Government Organization.
     By Senator Oliverio:
     Senate Bill No. 592--A Bill to amend and reenact section seven, article seven-b, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing the option for former state employees who were members of the West Virginia public employees retirement system prior to the first day of July, one thousand nine hundred ninety-one, who became employed with a school district after the first day of July, one thousand nine hundred ninety-one, and who were precluded from becoming members of the state teachers retirement system in favor of the defined contribution retirement system to exercise the option to transfer to the state teachers retirement system.
     Referred to the Committee on Pensions; then to the Committee on Education; and then to the Committee on Finance.
     By Senator Hunter:
     Senate Bill No. 593--A Bill to repeal section five-a, article six-a, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section two-o, article thirteen of said chapter, relating to removing the provision of law directing that each wind turbine installed at a wind power project and each tower upon which the turbine is affixed be assessed for tax purposes at salvage value; and deleting the current provision of law capping the applicability of the state business and occupation tax to five percent of the official capability of a generating unit utilizing a turbine powered primarily by wind.
     Referred to the Committee on Finance.
     By Senators Hunter, Dempsey, Love, Unger and Smith:
     Senate Bill No. 594--A Bill to amend and reenact section four, article sixteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the number of members that constitute the public employees insurance agency finance board from six members to eight members, with four members being appointed by the governor instead of three.
     Referred to the Committee on Government Organization.
     By Senators White, Harrison and Smith:
     Senate Bill No. 595--A Bill to amend article twenty-nine, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eleven, relating to prohibiting law-enforcement surveillance of individuals and groups of individuals participating in constitutionally protected activities without a particularized suspicion of criminal activity unrelated to the protected activity.
     Referred to the Committee on the Judiciary.
     By Senators Edgell and Bailey:
     Senate Bill No. 596--A Bill to amend sections twenty and twenty-six-a, article twenty-two, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to municipal policemen's and firemen's pension and relief funds; funding options; providing that a municipality may elect normal cost funding following election to fund at one hundred seven percent of prior years' funding; conditions; and providing that where a municipal policemen's and firemen's pension and relief fund is funded less than twenty-five percent, the fund's board of trustees shall mandate an increase in member's contribution not to exceed eight and one-half percent.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senator Snyder:
     Senate Bill No. 597--A Bill to amend and reenact section eighteen-a, article twenty-two, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to excess lottery funds; requiring that said funds set aside for economic development grants be appropriated by the Legislature; and striking out provisions for an economic development grant committee.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senator McKenzie:
     Senate Bill No. 598--A Bill to amend and reenact sections two and ten, article twenty, chapter thirty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to defining "arresting agency"; and providing that the arresting agency shall pay the cost for the initial twenty-four hours of incarceration for each inmate it arrests who is incarcerated.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Plymale and Edgell:
     Senate Bill No. 599--A Bill to amend and reenact section one, article one, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend article two of said chapter by adding thereto a new section, designated section five-g; to amend and reenact section one, article three of said chapter; to amend and reenact sections one, two, four, ten and eleven, article four of said chapter; to further amend said article by adding thereto a new section, designated section six; to amend and reenact sections one-a, one-c, four, fourteen and twenty-five, article five of said chapter; and to amend and reenact section two, article five-a of said chapter, all relating to public education generally; state and county boards of education; state and county superintendents; local school improvement councils; deleting obsolete language and making technical changes; clarifying definitions; adding definition of local school improvement council; directing state board to collect certain information from county boards and transmit to the legislative oversight commission on education accountability by a certain date; clarifying that state superintendent serves at will and pleasure of state board; modifying qualifications for state superintendent; providing criteria for setting salary; requiring annual performance evaluations; requiring county superintendents to participate in orientation program under certain circumstances; requiring county boards to pay cost of attending orientation program; modifying qualifications for county superintendent; modifying requirements for filing health certificates; providing for discontinuing or suspending employment of county superintendent under certain circumstances; providing that salary of county superintendents be increased by an amount appropriate to classification of training and years of experience when teachers receive a state-mandated salary increase; requiring that county superintendents be evaluated at least annually; providing evaluation criteria; providing for evaluation to take place in executive session of county board; directing county board to release a general statement to the public and provide additional information only by mutual consent of county board and county superintendent; delineating appropriate uses of evaluation results; requiring all county board members and county superintendents to participate in initial evaluation training and, thereafter, at least once every four years; providing for newly elected board members and newly hired county superintendents to participate in evaluation training within first six months of assuming office or as soon thereafter as training course is available; providing for county superintendent to carry out executive duties delineated in contract; directing county superintendent to report promptly to county board whenever a school appears to be failing to meet certain standards; directing county superintendent to keep county board apprised of issues affecting education in the district; removing requirement for county superintendent to direct the taking of school census; adding requirement for county board members to receive training on school performance issues and providing conditions; directing that only training programs approved by the state board may be credited to county board members and listed in district report card; providing that state board may consult with education constituency groups when determining approval status of training programs; requiring county boards to perform annual self-evaluations using evaluation instrument approved by state board; authorizing state board to consult with West Virginia school board association or other appropriate organizations when developing or approving evaluation instruments; providing evaluation criteria; providing for summary of evaluation results to be made available to the public; clarifying that county boards may meet within the county at locations other than the county board office; providing that county board members who serve on other boards, commissions or councils receive certain compensation; setting maximum number of such meetings per year for which county board members may be compensated; requiring county boards to file certain policies with state board; providing procedures for county boards to meet with councils; requiring development of agendas and delineating issues to be covered; specifying reporting dates; requiring annual reports to state board and legislative oversight commission on education accountability; specifying that compliance is determined through accreditation process; providing for open meetings; deleting certain reporting requirements; setting membership requirements for councils; directing that elections not be held before the beginning of instructional term; providing method for filling vacancies; requiring certification that council members have received certain information and reasons why this requirement may not have been met; setting forth requirements for annual meeting between county boards and councils; requiring state board to direct preparation of informational video and handbook for council members by certain date; requiring that copies be made available to council members; and authorizing the state board to solicit proposals and enter into contracts for the purpose of providing training to council members.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Kessler, Hunter and Ross:
     Senate Bill No. 600--A Bill to amend and reenact section fifteen, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to registration plates for motorcycles; allowing for plates to be fastened in vertical position; and requiring the commissioner of the division of motor vehicles to offer owners of motorcycles the choice of registration plates for vertical or horizontal positioning.
     Referred to the Committee on Transportation; and then to the Committee on Finance.
     By Senator Kessler:
     Senate Bill No. 601--A Bill to amend and reenact section twenty, article twenty-two, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to municipal pension and relief funds; and allowing municipalities that elected to use the alternative funding method for their pension and relief funds to return to the standard funding method.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senators Hunter, Rowe and Kessler:
     Senate Bill No. 602--A Bill to amend and reenact section six, article one-b, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to timbering operations and notification of duration of these operations; and providing verification of notice to adjoining landowners by certified mail.
     Referred to the Committee on Natural Resources.
     By Senator Jenkins:
     Senate Bill No. 603--A Bill to amend chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article one-b, relating to establishing a permanent statewide trail plan coordinator.
     Referred to the Committee on Government Organization.
     By Senators McCabe, Rowe, Plymale and White:
     Senate Bill No. 604--A Bill to amend chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article thirteen-t; and to amend article fifteen of said chapter by adding thereto a new section, designated section twenty-seven, all relating to establishing a tourism development project tax credit; specifying short titles; specifying legislative findings and purpose for new credit; defining terms; specifying activity that qualifies for credits, how amount of allowable credits are determined, how credits may be applied and against what tax liabilities credits may be applied; providing for forfeiture of unused tax credits, redetermination of credits and recapture of credits under certain circumstances; imposing recapture tax, interest and civil money penalty and specifying circumstance when they apply; allowing transfer of qualified investment to successors; requiring identification of tax credit property; requiring persons claiming credit to keep records and to provide information to tax commissioner; providing rules for interpretation, construction, severability and burden of proof; requiring filing of application for credit as condition precedent to claiming credit and imposing consequences for failure to make timely application; specifying business activity eligible for tourism development project tax credit; requiring periodic review of tax credit; and requiring performance reports to governor and Legislature.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senators McCabe, Rowe, Plymale and White:
     Senate Bill No. 605--A Bill to amend and reenact article thirteen-b, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to community improvement districts and the acquisition and construction of projects; defining certain terms; authorizing the creation of and empowerment of districts; providing for the development, construction, acquisition, financing, extension and improvement of projects; providing for notice to owners of real property of assessments; authorizing the issuance of assessment bonds; and providing for assessments and liens related thereto.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senator Unger:
     Senate Bill No. 606--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 the exemption from consumers sales and service tax for data processing; and updating provisions to keep pace with changes in technology.
     Referred to the Committee on Finance.
     By Senators Plymale, Sharpe, Kessler and Edgell:
     Senate Bill No. 607--A Bill to amend and reenact sections one, two, four, five, five-a, seven-a, nine and ten, article nineteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating generally to the soft drinks tax; amending and adding definitions; including bottled water in tax; expanding purpose of proceeds from soft drink tax; increasing the rate of tax on soft drink products; providing for the distribution and use of the proceeds from the soft drink tax; requiring report to the joint committee on government and finance; expanding exemptions from tax stamp or tax crown requirement; requiring indicia of tax payment to be sold at face value; eliminating provisions relating to tax refund in certain instances; amending requirements relating to report to commissioner; providing further administrative procedures for payment of tax, including penalty for failure to file a report when no tax is due; declaring certain soft drink products contraband; requiring commissioner to institute a proceeding in circuit court seeking forfeiture of seized contraband; using proceeds from sale for the costs of proceedings; authorizing a fine for altering, counterfeiting or reusing tax stamps or tax crowns; requiring a written warning for a first offense, imposing fine for a second and third offense and imposing fine and requiring suspension of a business registration certificate for selling soft drink products upon which tax has not been paid; and increasing criminal penalties for other soft drink tax-related violations.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senator Prezioso:
     Senate Bill No. 608--A Bill to amend and reenact section nineteen, article five, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing the continuance of summary certificate of need reviews for proposed behavioral health services necessary to maintain federal approval of the medicaid mentally retarded/developmentally disabled waiver program.
     Referred to the Committee on Health and Human Resources.
     By Senators Chafin, Helmick, Minear, Ross, Bailey and Snyder:
     Senate Bill No. 609--A Bill to amend and reenact section twelve, article eight, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing from one thousand dollars to four thousand dollars the amount an individual may contribute in connection with any campaign for nomination or election.
     Referred to the Committee on the Judiciary.
     By Senators Facemyer, Bowman and McCabe:
     Senate Bill No. 610--A Bill to amend and reenact sections nine and ten, article sixteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section twelve, article three-a, chapter sixty of said code; to amend and reenact sections fifteen and twenty-two, article four of said chapter; to amend and reenact section six, article seven of said chapter; to further amend said article by adding thereto a new section, designated section nine; and to amend and reenact section three, article eight of said chapter, all relating generally to businesses selling nonintoxicating beer, alcoholic liquors or wine; increasing annual licensing fees of West Virginia alcohol beverage control administration licensees; prohibiting private clubs from having limited video lottery license unless they are a bona fide private club; making technical corrections; and providing effective dates.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Bailey, Facemyer, Bowman and McKenzie:
     Senate Bill No. 611--A Bill to amend and reenact sections two and six, article twenty-three, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to defining podiatric medical assistants; and eligibility requirements to obtain a permit to perform podiatric radiographs.
     Referred to the Committee on Health and Human Resources.
     By Senators Jenkins and Plymale:
     Senate Bill No. 612--A Bill to amend chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article one-e, relating to operating a motor vehicle; licensing; preapplication visual acuity testing; authorizing use of bioptic telescopic devices; and issuance of low-vision driving license.
     Referred to the Committee on Transportation; and then to the Committee on Finance.
     By Senators Chafin, Unger, Love, Ross, Sharpe and Dempsey:
     Senate Bill No. 613--A Bill to amend article seven-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-six-t, relating to increasing supplemental benefits to certain teacher retirement annuitants.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senators Jenkins and Plymale:
     Senate Bill No. 614--A Bill to amend article thirteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eleven-a, relating to permitting municipalities to assess taxes and levy fees subject to local referendum.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Unger, Hunter and McCabe:
     Senate Bill No. 615--A Bill to amend and reenact section thirty-one, article two, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to permitting independent voters to vote for the election of a candidate of any political party in a primary election.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Jenkins, Plymale and Hunter:
     Senate Bill No. 616--A Bill to amend article thirteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eleven-a, relating to permitting municipalities to levy an occupation privilege fee; setting forth the maximum occupation fee; setting forth an effective date; providing restrictions and uses on revenues derived from the occupation fee; pension stabilization fund; and termination of fee.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Prezioso:
     Senate Bill No. 617--A Bill to amend article five, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifteen-a, relating to the medicaid preferred drug list; setting forth legislative findings; providing for clinical integrity of the preferred drug list; providing coverage for new prescription drugs; and providing for patient continuity of care.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senators Unger, Bailey, Hunter and Weeks:
     Senate Bill No. 618--A Bill to amend article twelve, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twelve-a, relating to authorizing municipalities to permit certain veterans to park free.
     Referred to the Committee on Government Organization.
     By Senators Bowman and Bailey:
     Senate Bill No. 619--A Bill to amend article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section sixteen-a, relating to paid municipal fire departments; providing that a paid municipal fire department with an apprentice program for firefighters must terminate an apprentice after three unsuccessful attempts to pass the final apprenticeship examination; and setting forth effective date.
     Referred to the Committee on the Judiciary.
     By Senator Bowman:
     Senate Bill No. 620--A Bill to amend and reenact section ten- c, article twenty-two-a, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the racetrack video lottery capital reinvestment fund generally; and specifying that the dollar-for-dollar recoupment from capital reinvestment fund applies to certain racetrack and associated facilities owned by a licensee on the thirtieth day of June, two thousand one.
     Referred to the Committee on Finance.
     By Senator Sharpe:
     Senate Bill No. 621--A Bill to amend and reenact section two, article five, chapter twenty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to the institution of proceedings for the involuntary commitment of individuals; and requiring the supreme court of appeals to prescribe alternative procedures for mental hygiene proceedings.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Chafin, Bailey, Helmick, Snyder, Fanning, Unger and Ross:
     Senate Bill No. 622--A Bill to amend and reenact section four, article twenty, chapter thirty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting persons who have been convicted of a felony from being an employee or member of the board of the regional jail and correctional facility authority.
     Referred to the Committee on the Judiciary.
     By Senator Rowe:
     Senate Bill No. 623--A Bill to amend article five, chapter forty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one-a, relating to providing record notice of a person's death by filing a death certificate and will, if any, with the clerk of the county commission without commencing the probate of the estate.
     Referred to the Committee on the Judiciary.
     By Senators Kessler and Rowe:
     Senate Bill No. 624--A Bill to amend and reenact article one-b, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to sediment control during commercial timber harvesting operations; short title and legislative purpose of article; defining certain terms; development by the department of environmental protection of sediment control program for commercial timber harvesting operations, including adoption of best management practices; requiring submission to the division of forestry of registration forms prior to conducting commercial timber harvesting activities; procedure for approval of registration forms by the division of forestry; requiring training and certification of timber operators; inspections; and review.
     Referred to the Committee on Natural Resources; and then to the Committee on Finance.
     By Senators Ross, Rowe, Weeks and Chafin:
     Senate Bill No. 625--A Bill to amend and reenact section one, article one, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section nine, article three of said chapter; to amend and reenact section three, article four of said chapter; to amend article one, chapter seventeen-c of said code by adding thereto a new section, designated section sixty-seven; to amend and reenact sections two, six-a and eight, article five of said chapter; to amend and reenact sections one, one-a, two, two-a and three-a, article five-a of said chapter; to amend and reenact sections eighteen and eighteen-b, article seven, chapter twenty of said code; and to amend and reenact section one, article six-a, chapter thirty-three of said code, all relating to driving or operating a motorboat or other vessel under the influence of alcohol, controlled substances or drugs; reducing the allowable blood alcohol content for driving under the influence from ten hundredths to eight hundredths of one percent of body weight; increasing reinstatement and hearing docket fees; defining the term conviction; increasing penalties; and mandatory participation in the motor vehicle alcohol test and lock program for repeat offenders.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Prezioso:
     Senate Bill No. 626--A Bill to repeal section twenty-one, article nine, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, sixteen and nineteen of said article, all relating to the "West Virginia Works Act"; repealing rainy day fund; amending short title throughout article; revising legislative findings and purpose; eliminating performance- based measures for evaluating the program; redefining terms; striking out provision that the secretary shall ensure availability of support services to help meet program's requirements; reducing period of exemption from work requirement for beneficiaries with newborn children; requiring beneficiaries to participate in family assessments; providing that personal responsibility contract is defined by time limits, availability of support services, program work requirements and family assessments; eliminating consideration of participants' challenges in meeting program requirements for purposes of the personal responsibility contract; deleting guidelines for developing individualized personal responsibility contracts and authorizing secretary to define contracts by rule instead; retaining cash incentive for married beneficiaries; reducing child support pass-through by fifty percent; providing sanctions for breach of contract by beneficiary; providing for reduction of benefits rather than revocation; providing for good cause exceptions to imposition of sanctions; reducing the period of benefit termination; reducing the period for obtaining diversionary assistance; and deleting provision that at-risk families may retain a portion of cash assistance when earnings are below the federal poverty guideline.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
     Senate Bill No. 627--A Bill to amend chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article thirty-one, relating to renaming the Guthrie center.
     Referred to the Committee on Government Organization.
     By Senator Minard:
     Senate Bill No. 628--A Bill to amend and reenact sections two and eight, article twenty-two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to requiring farm mutual fire insurance companies to file their rates with the offices of the insurance commissioner; broadening the kinds of insurance coverage farm mutual fire insurance companies may write; requiring minimum percentages of business written in designated rating classes; and imposing a penalty for failure to comply.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senator Minard:
     Senate Bill No. 629--A Bill to amend and reenact section thirty-three, article three, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the residency restriction reporting requirement for excess lines brokers remitting the insurance policy surcharge.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senator Smith (By Request):
     Senate Bill No. 630--A Bill to amend article fifteen, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine, relating to making it unlawful to offer for sale or sell products created wholly or in part by county or regional jail inmates; and providing criminal penalty.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Snyder, Sharpe, Ross, Helmick, Bailey, Rowe, Chafin, Fanning, Plymale, Deem, Guills and Tomblin (Mr. President):
     Senate Bill No. 631--A Bill to amend article one, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section six-a, relating to requiring the director of the department of environmental protection to grant, require revision of, or deny all permits within ninety days from receiving a complete application.
     Referred to the Committee on Energy, Industry and Mining.
     By Senators Love, Sharpe, Edgell, Minear, Snyder and Rowe:
     Senate Bill No. 632--A Bill to amend and reenact section fifty-four, article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to state agencies making timely payments on invoices for telephone services.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Dempsey and Hunter:
     Senate Bill No. 633--A Bill to amend and reenact sections eight and twenty, article one, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section twenty-four, all relating to requiring the commissioner of the division of labor to establish registration fees for various service entities; creating a weights and measures fund within the state treasury; providing for expenditure of funds from the fund; and directing the commissioner to establish fees by emergency rule.
     Referred to the Committee on Labor; and then to the Committee on Finance.
     The Senate proceeded to the eighth order of business.
     Eng. Com. Sub. for Senate Bill No. 56, Prohibiting certain insurers to require persons under contract to use mail-order pharmacy.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Caldwell and Minard--2.
     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. 56) 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. 400, Allowing insurance commissioner to disclose confidential information in certain cases.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Caldwell and Minard--2.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 400) 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. 484, Making title insurance subject to rate filings.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Caldwell and Minard--2.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 484) passed.
     The following amendment to the title of the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 484--A Bill to amend and reenact section two, article twenty, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the types of entities that are governed by said article; and providing for rate regulation of title insurers.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 485, Authorizing insurance commissioner to enter into certain agreements and compromises.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Caldwell and Minard--2.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 485) 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. 486, Requiring certified public accountant to notify insurer's board or audit committee of adverse financial condition.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Caldwell and Minard--2.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 486) 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. 488, Establishing minimum surplus for farmers' mutual fire insurance companies.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Caldwell and Minard--2.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 488) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the ninth order of business.
     Com. Sub. for Senate Bill No. 213, Restricting actions brought by nonresidents in state courts.
     On second reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Kessler, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Com. Sub. for Senate Bill No. 340, Permitting county commissions to establish different building requirements in flood plain for insurance purposes.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 383, Allowing alcohol beverage control commissioner, with governor's approval, to sell warehouse and purchase replacement.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 384, Relating to location of alcohol beverage control administration.
     On second reading, coming up in regular order, was read a second time.
     The following amendments to the bill, from the Committee on Government Organization, were reported by the Clerk and adopted:
     On page two, section ten, line one, by striking out the word "commission" and inserting in lieu thereof the words "alcohol beverage control administration";
     And,
     On page two, section ten, line three, by striking out the words "Kanawha County,".
     On motion of Senator Rowe, the following amendment to the bill (S. B. No. 384) was next reported by the Clerk and adopted:
     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
ARTICLE 2. ALCOHOL BEVERAGE CONTROL COMMISSIONER.
§1. Repeal of section relating to the location of the offices of the alcohol beverage control administration.

     Section ten, article two, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, is hereby repealed.
     The bill (S. B. No. 384), as amended, was then ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 395, Granting temporary grandparent visitation during divorce action; technical corrections.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 399, Providing for criminal history checks for certain people working with children on school property.
     On second reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Deem, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Senate Bill No. 461, Updating section of corporation net income tax act for federal income tax purposes.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 462, Updating certain terms in personal income tax act for federal income tax purposes.
     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. 2077, Removing the requirement that the Joint Committee on Government and Finance be given reports on the Colin Anderson closure and relocation of patients.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2778, Continuing the West Virginia state police.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2803, Continuing the board of barbers and cosmetologists.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     The Senate proceeded to the tenth order of business.
     Com. Sub. for Senate Bill No. 370, Allowing certain vehicle auxiliary lighting devices when vehicle used off road.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 430, Providing additional restrictions on outdoor advertising.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 547, Relating to judges and justices and judicial retirement.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
     Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration
     Senate Bill No. 634 (originating in the Committee on Natural Resources)--A Bill to amend and reenact section two, article one, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section five, article two of said chapter, all relating to defining crow as a gamebird; and setting hunting season for crows.
     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 Finance.
                              Respectfully submitted,
                               John Pat Fanning,
                               Chair.
     On motion of Senator Fanning, the bill (S. B. No. 634) contained in the foregoing report from the Committee on Natural Resources was then referred to the Committee on Finance.
     The Senate again proceeded to the sixth order of business.
Petitions

     Senator Plymale presented a petition from Vito V. Forte and numerous West Virginia residents, requesting the Legislature to reform the medical liability system.
     Referred to the Committee on the Finance.
     Senator Plymale presented a petition from Betty Jo Stepp and forty-five West Virginia teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senator Snyder.
     On motion of Senator Chafin, leaves of absence for the day were granted Senators Caldwell and Minard.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, February 18, 2003, at 11 a.m.
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