WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

FORTY-THIRD DAY

____________

Charleston, W. Va., Wednesday, February 19, 2003

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

     Prayer was offered by the Reverend James R. Smith, Highland Education Project Volunteer, Keystone, West Virginia.
     Bream Memorial Presbyterian Church Preschool, Charleston, West Virginia, led the Senate in the recitation of the Pledge of Allegiance and then proceeded in the singing of "God Bless America".
     Pending the reading of the Journal of Tuesday, February 18, 2003,
     On motion of Senator Sprouse, 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.
     Senator Tomblin (Mr. President) presented a communication from the Department of Tax and Revenue, submitting its annual preliminary statewide aggregate tax revenue projection, in accordance with chapter eleven, article one-c, section five of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Senate 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. 2203--A Bill to amend and reenact section nine, article three, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections forty-three and forty- nine, article fifteen, chapter seventeen-c of said code, all relating to the safe operation and use of motor vehicles; establishing a fee for reinstatement of drivers licenses; reducing the blood alcohol content threshold for driving under the influence; increasing fine for second offense driving under the influence; requiring public notice by the governor's committee on crime and delinquency on new blood alcohol threshold; assessing an additional fee for persons convicted for driving under the influence; requiring notice to state by defendant for certain defenses; reducing the threshold for children's blood alcohol content for prima facie showing of driving under the influence; prohibiting plea bargaining of certain cases; reducing blood alcohol content threshold for drivers licenses administrative revocation hearings; removing certain requirements relating to drivers licenses administrative revocation hearings; requiring all new and used automobiles to be equipped with safety seat belts for all seating locations; prohibiting children from riding in certain cargo areas; and making the offense of failure to wear a safety belt a primary offense and changing the penalty therefor.
     Referred to the Committee on Transportation; and then to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2003, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2433--A Bill to amend and reenact sections three, fifteen, sixteen and nineteen, article nine-d, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section six, article ten-h of said chapter, all relating to school facilities and related programs for vocational-technical education; authorizing school building authority to require flood insurance for any facility within the one hundred-year floodplain at which authority funds are expended; authorizing authority to encourage work-based learning opportunities for students on funded projects; authorizing authority to accept any gift, grant, contribution, bequest or endowment of equipment for benefit of authority or its projects; requiring the authority to reserve no more than twenty- five percent of funds available for priority use for multiuse vocational-technical educational facilities which may include post- secondary programs; authorizing use of reserved funds for equipment and equipment updates; including administrative council or joint administrative board as a body which may propose projects; requiring ten-year major improvement plan as prior condition for distribution of funds; prohibiting distribution of funds to county not prepared to commence expenditure during fiscal year; requiring up-to-date enrollment projections in facilities plans and updates; authorizing inclusion of facilities for community and technical college education in plans to construct comprehensive vocational facilities at existing high schools; providing exception from requirement for comprehensive vocational facilities in counties served by multicounty center or existing county center; establishing planning process if such county elects to construct comprehensive center; limiting effect on existing programs; and including introductory vocational-technical courses in middle school grades as part of effective schools for vocational-technical education.
     Referred to the Committee on Education; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2443--A Bill to amend and reenact section eight, article two, chapter thirty-one-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the assessment of banking institutions.
     Referred to the Committee on Banking and Insurance.
     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. 2678--A Bill to amend and reenact sections one, three, eight and eleven, article three, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section twenty-one, article four-a of said chapter; to amend and reenact section ten, article five of said chapter; and to amend and reenact sections three and six, article six of said chapter, all relating to election reforms generally; authorizing the changing of ballot publishing dates before primary and general elections; authorizing certain counties to count absentee ballots during election period and placing limitations thereto; altering absentee ballot signature requirements; changing voting dates for early in-person voting; providing for emergency early in-person voting the Monday prior to a Tuesday election; requiring notice to certain voters of law change; providing for the processing of certain absentee ballots prior to closure of the polls; and authorizing certain changes in the early in-person voting of absentee ballots.
     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. 2748--A Bill to amend article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section ten, relating to prohibiting the distribution or sale of tobacco products to persons under the age of eighteen years through mail, telephone, facsimile transmission or the internet; defining terms; regulating the delivery of private purchase and delivery of tobacco products; establishing requirements for verifying the age of tobacco product purchases; and providing for civil and criminal penalties.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2870--A Bill to amend and reenact section one, article two, chapter twenty-four 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 eleven-c, all relating to specifying the jurisdiction of the public service commission over, and the application of said chapter twenty-four to, owners or operators of, and persons, corporations or other entities that intend to construct or construct and operate, certain described electric generating facilities, the output of which is not sold directly to retail customers in West Virginia; and requiring persons, corporations and other entities that intend to construct or construct and operate such electric generating facilities, or that intend to make or construct a material modification thereof, to obtain from the public service commission a siting certificate, in lieu of a certificate of public convenience and necessity, for each such facility or material modification thereof pursuant and subject to certain new provisions and requirements which, among other things, allow the public service commission, under specified circumstances, to seek the imposition of civil or criminal penalties, or both such civil and criminal penalties; and providing that the public service commission may promulgate rules relating to siting certificates.
     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. 2953--A Bill to amend and reenact section six, article thirty, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section thirteen, article eight, chapter thirty-six of said code, all relating to the administration of the prepaid tuition plan of the West Virginia college prepaid tuition and savings program; clarifying how moneys in the prepaid tuition trust fund are processed when the plan is terminated; establishing a mechanism to eliminate any actuarially projected unfunded liability in the trust fund over a fixed period with funds from the unclaimed property trust fund in an amount not to exceed two million dollars annually; creating the prepaid tuition trust escrow account; providing for the transfer of funds in the unclaimed property trust fund to the prepaid tuition trust escrow account and to the general revenue fund; and providing for the investment and use of the money in the prepaid tuition trust escrow account.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2003, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2970--A Bill to amend and reenact sections five-a, five-b and six-b, article nine-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to increasing the ratios of professional and service personnel to students in net enrollment; establishing the ratios for school year beginning in two thousand four; commencing and concluding allocation and appropriation over period of years; providing legislative intent to examine efficiency of elements of support program in funding to meet performance standards; and providing for certain allocation and appropriation from increase in local share for purpose of increasing ratios in net enrollment.
     Referred to the Committee on Education.
     The Senate proceeded to the fourth order of business.
     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. 200, Requiring restaurants post notices concerning certain antioxidants in food.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 200 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact section twenty-two-a, article six, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to food service establishments and the requirements to post notices concerning the presence of sulfites in salads and salad crispers added to lettuce; providing for enforcement by local health departments; and establishing penalties for noncompliance.
     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,
                               Roman W. Prezioso, Jr.,
                               Chair.
     The bill (Com. Sub. for S. B. No. 200), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 354, Making possession of chemicals with intent to produce methamphetamine or allow on premises felony.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 354 (originating in the Committee on the Judiciary)--A Bill to amend article four, chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four hundred eleven, relating to creating the offense of operating or attempting to operate a clandestine drug laboratory; defining clandestine drug laboratory; offenses; penalties; and requiring payment for costs of remediation.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration
     Senate Bill No. 357, Relating to standard nonforfeiture law for individual deferred annuities.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Joseph M. Minard,
                               Chair.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 364, Strengthening multidisciplinary treatment team process for children involved in court system.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 364 (originating in the Committee on the Judiciary)--A Bill to amend and reenact sections seven and twenty-one, article five, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to further amend said article by adding thereto a new section, designated section sixteen-b; to amend and reenact section three, article five-d of said chapter; and to further amend said article by adding thereto two new sections, designated sections three-a and eight, all relating to child welfare and juvenile justice generally; requiring notice of certain proceedings to the department of health and human resources and the division of juvenile services for purposes of multidisciplinary hearings; providing for greater involvement of multidisciplinary teams in juvenile and abuse and neglect proceedings; providing that quarterly judicial reviews be continued while child remains in custody; exceptions to meeting requirement; providing for when offenses are committed while in custody; providing for recommended court orders; requiring that recommended service plans be considered; requiring written findings when order deviates from treatment team's recommended plan; and affording multidisciplinary treatment team notice and opportunity to present evidence.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     The bill (Com. Sub. for S. B. No. 364), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 369, Allowing public service districts to enter into certain agreements without approval of public service commission.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 369 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section twenty-five, article thirteen-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to contracts for the provision of engineering, design or feasibility studies by public service districts.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     The bill (Com. Sub. for S. B. No. 369), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 386, Increasing parole supervision fee.
     And,
     Senate Bill No. 436, Directing public service commission implement 211 information and referral system.
     And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     The bills, under the original double committee references, were then referred to the Committee on Finance.
     Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration
     Senate Bill No. 467, Allowing insurance agencies to operate as managing general agents; license.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 467 (originating in the Committee on Banking and Insurance)--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.
     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,
                               Joseph M. Minard,
                               Chair.
     The bill (Com. Sub. for S. B. No. 467), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration
     Senate Bill No. 534, Creating Third-Party Administrator Act.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Joseph M. Minard,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Banking and Insurance pending.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 635 (originating in the Committee on the Judiciary)--A Bill to amend and reenact sections twenty-nine and thirty, article seven, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to clarifying that foster care services do not constitute a behavioral health care service; and directing the West Virginia supreme court and department of health and human resources to promulgate court orders for out-of-home placements.
     And,
     Senate Bill No. 636 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section ten, article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section six, article three-a of said chapter, all relating to exemption of commodities and services offered or produced by nonprofit workshops from competitive bidding requirement.
     And reports the same back with the recommendation that they do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     The Senate proceeded to the sixth order of business.
     Senators Hunter, McCabe, Oliverio, Ross, Love, Dempsey, Unger, Minard, Bailey, Plymale, Facemyer, Weeks, Sharpe, Kessler, Bowman, Edgell, Snyder, Prezioso, Caldwell, White, Fanning, Rowe, Jenkins, Deem, McKenzie, Smith, Harrison, Sprouse, Minear, Guills, Boley and Tomblin (Mr. President) offered the following resolution:
     Senate Resolution No. 19--Designating February 19, 2003, as "Children's Day".
     Whereas, It is our responsibility to provide for the next generation of West Virginians; and
     Whereas, The success of our state and our citizens is dependent on the well-being of our children; and
     Whereas, Each of us has the responsibility to involve ourselves in seeking opportunities to serve the needs of our children to help them achieve their highest potential; therefore, be it
     Resolved by the Senate:
     That the Senate hereby designates February 19, 2003, as "Children's Day"; and, be it
     Further Resolved, That the Senate recognizes its responsibility to the children of West Virginia and its commitment to their preparation for a full and productive life; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of the Coalition for West Virginia's Children.
     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.
     Senators Bailey, McCabe, Chafin, Helmick, Unger, Caldwell, Oliverio, Hunter, Love, Snyder, Plymale, Jenkins, Edgell, Minard, Bowman, Fanning, Kessler, Prezioso, White, Rowe, Facemyer, Ross, Weeks, Sharpe, Dempsey, McKenzie, Sprouse, Minear, Harrison, Guills, Smith, Boley and Tomblin (Mr. President) offered the following resolution:
     Senate Resolution No. 20--Designating February 19, 2003, as "Law-enforcement Appreciation Day".
     Whereas, Citizens of West Virginia should consider the men and women of law enforcement who daily place their lives in danger for our safety; and
     Whereas, The men and women of law enforcement have trained efficiently to perform their duties and are dedicated to the communities they serve; and
     Whereas, Sadly, there are many law-enforcement officers who are killed in the line of duty; and
     Whereas, It is fitting that we pay tribute to the men and women of law enforcement whose dedication and commitment to protect and serve our citizens go unnoticed in our daily lives; therefore, be it
     Resolved by the Senate:
     That the Senate hereby designates February 19, 2003, as "Law- enforcement Appreciation Day" as an expression of gratitude for law-enforcement officers who risk their lives on a daily basis for our safety and protection; and, be it
     Further Resolved, That the Senate is proud of the men and women who live up to the creed "To protect and serve"; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to appropriate representatives of law enforcement.
     At the request of Senator Bailey, 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.
     Senators Kessler, Edgell, Bowman, McKenzie, Bailey, Rowe, Ross, Unger, Weeks, Sharpe, Minard, Fanning, Prezioso, White, Helmick, Plymale, Jenkins, Oliverio, Dempsey, Facemyer, Hunter, Love, Smith, Harrison, Boley, Guills, Minear, Sprouse, McCabe and Tomblin (Mr. President) offered the following resolution:
     Senate Resolution No. 21--Recognizing the heroic actions of Marshall County Deputy Sheriffs Brent Wharry and Steve Cook who assisted in emergency rescue efforts following a mine explosion in Marshall County.
     Whereas, On Wednesday, January 22, 2003, Marshall County Deputy Sheriffs Brent Wharry and Steve Cook were the first on the scene of a mine explosion at Consol Energy, Inc.'s McElroy Mine in rural Marshall County; and
     Whereas, It was determined that the explosion had occurred at the bottom of an air shaft that was under construction; and
     Whereas, Disregarding danger, Deputies Wharry and Cook, along with a paramedic and a drilling company employee, were lowered by crane into the shaft; and
     Whereas, Two critically injured survivors were located at the bottom of the 940-foot air shaft and were brought to safety. Sadly, three others were killed in the explosion; therefore, be it
     Resolved by the Senate:
     That the Senate hereby recognizes the heroic actions of Marshall County Deputy Sheriffs Brent Wharry and Steve Cook who assisted in emergency rescue efforts following a mine explosion in Marshall County; and, be it
     Further Resolved, That it is fitting on "Law-enforcement Day" to recognize Deputies Wharry and Cook who risked their lives in order to save others; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Marshall County Deputy Sheriffs Brent Wharry and Steve Cook.
     At the request of Senator Kessler, 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, at the request of Senator Bowman, unanimous consent being granted, returned to the second order of business and the introduction of guests.
     The Senate again proceeded to the sixth order of business.
Petitions

     Senator Deem presented a petition from Janice Davis and forty- two Franklin Elementary School teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Deem presented a petition from Judith M. Watkins and seven Shoals Elementary School teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senators Rowe, McCabe, Sprouse and Harrison presented a petition from Shirley Eagan and numerous West Virginia residents, requesting the Legislature to increase the tobacco tax.
     Referred to the Committee on Finance.
     Senator Plymale presented a petition from Charlotte Smith and twenty-four Highlawn Elementary School teachers, 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 Debbie Snavely and thirteen Spring Hill Elementary School teachers, 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 Lois Myers and eighteen Milton Elementary School teachers, 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 Alan Hamrick and eighteen Kenova Elementary School teachers, 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 Tammy Brumfield and thirteen Buffalo Elementary School teachers, 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 Cathy Willingham 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 McCabe presented a petition from Karen Fletcher and numerous West Virginia residents, requesting the Legislature to increase the tobacco tax.
     Referred to the Committee on Finance.
     Senator Caldwell presented a petition from Patricia Coleman and numerous West Virginia teachers and school employees, 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 Lisa Devericks and numerous West Virginia residents, requesting the Legislature to increase the tobacco tax.
     Referred to the Committee on Finance.
     Senator Dempsey presented a petition from Keith Litton and numerous West Virginia residents, requesting the Legislature to increase the tobacco tax by at least fifty-five cents per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Minear presented a petition from Bonnie Strawser and numerous West Virginia residents, requesting the Legislature to increase the tobacco tax.
     Referred to the Committee on Finance.
     Senator Edgell presented a petition from Valerie Laxton and numerous West Virginia residents, requesting the Legislature to increase the tobacco tax.
     Referred to the Committee on Finance.
     Senator Love presented a petition from Tara Lynn Evans 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 Guills presented a petition from Carmen M. Buster and numerous Greenbrier Manor Nursing Home employees, requesting the Legislature to increase the tobacco tax in order to secure funding for nursing homes.
     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 Sharpe, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
     Your Committee on Energy, Industry and Mining has had under consideration
     Senate Bill No. 440, Establishing Contractors Notice and Opportunity to Cure Act.
     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,
                               William R. Sharpe, Jr.,
                               Chair.
     The bill, under the original double committee reference, 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.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Concurrent Resolution No. 33, Requesting United States government expedite funding to improve security of farm produce.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Agriculture.
     The Senate proceeded to the eighth order of business.
     Eng. Com. Sub. for Senate Bill No. 213, Restricting actions brought by nonresidents in state courts.
     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, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 213) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 399, Providing for criminal history checks for certain people working with children on school property.
     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, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 399) 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. 430, Providing additional restrictions on outdoor advertising.
     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, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 430) 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.
     Senate Bill No. 107, Creating sales tax holiday for back-to-school purchases.
     On second reading, coming up in regular order, was read a second time.
     On motions of Senators Sprouse and Bailey, the following amendment to the bill was reported by the Clerk:
     On page two, section nine-g, line ten, after the words "a computer" by inserting the words "is less than seven hundred fifty dollars after credit for any manufacturer's rebate".
     The question being on the adoption of the amendment offered by Senators Sprouse and Bailey to the bill.
     Following discussion,
     Senator Snyder moved that the bill (S. B. No. 107) be rereferred to the Committee on Finance, with the amendment offered by Senators Sprouse and Bailey pending.
     The question being on the adoption of Senator Snyder's aforestated motion, the same was put and did not prevail.
     The question now being on the adoption of the amendment offered by Senators Sprouse and Bailey to the bill, the same was put.
     The result of the voice vote being inconclusive, Senator Ross demanded a division of the vote.
     A standing vote being taken, there were twenty-two "yeas" and nine "nays".
     Whereupon, Senator Tomblin (Mr. President) declared the amendment offered by Senators Sprouse and Bailey to the bill adopted.
     On motion of Senator Rowe, the following amendments to the bill (S. B. No. 107) were next reported by the Clerk and considered simultaneously:
     On page two, section nine-g, line two, after the word "body" by striking out the word "and" and inserting in lieu thereof a comma;
     And,
     On page two, section nine-g, line five, after the word "calculators," by inserting the words "and the sale of packaged food and fresh-grown food sold for human consumption off the premises where sold but not to include any food prepared in a kitchen or restaurant or on premises of the retail facility for carry out and immediate consumption by the purchaser or any product for consumption which is subject to taxes set forth in section thirteen, article sixteen of this chapter; section three, article seventeen of this chapter; section two, article nineteen of this chapter; section seventeen, article three-a, chapter sixty of this code; or section four, article eight of said chapter".
     The question being on the adoption of Senator Rowe's amendments to the bill, the same was put.
     The result of the voice vote being inconclusive, Senator Rowe demanded a division of the vote.
     A standing vote being taken, there were eleven "yeas" and twenty "nays".
     Whereupon, Senator Tomblin (Mr. President) declared Senator Rowe's amendments to the bill rejected.
     Thereafter, on motion of Senator Plymale, the bill (S. B. No. 107) was advanced to third reading with the right for further amendments to be considered on that reading.
     Com. Sub. for Com. Sub. for Senate Bill No. 155, Establishing western highway authority to include representatives from certain counties.
     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. 338, Establishing medicaid buy-in program for certain individuals with disabilities.
     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. 370, Allowing certain vehicle auxiliary lighting devices when vehicle used off road.
     On second reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Com. Sub. for Senate Bill No. 391, Reducing training requirements for certain state police cadets.
     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. 404, Establishing blue and gray intermodal highway authority.
     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. 422, Allowing public service commission change certain rates for municipalities or cooperative utilities.
     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. 432, Deleting provision requiring magistrates to set payment plans 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. 449, Authorizing transfer of surplus net profits between lottery fund and excess lottery fund.
     On second reading, coming up in regular order, was read a second time.
     The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
     On page two, section eighteen-c, line five, by striking out the words "so much" and inserting in lieu thereof the words "an amount";
     On page two, section eighteen-c, line fourteen, by striking out the words "so much" and inserting in lieu thereof the words "an amount";
     On page three, section eighteen-c, line twenty, by striking out the words "the last clause of";
     On page three, section eighteen-c, line twenty-two, by striking out the words "there is" and inserting in lieu thereof the word "of";
     On page three, section eighteen-c, line twenty-three, by striking out the word "that" and inserting in lieu thereof the word "language";
     And,
     On page three, section eighteen-c, lines twenty-four and twenty-five, by striking out the words "shall control" and inserting in lieu thereof the words "is controlling".
     The bill (S. B. No. 449), as amended, was then ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 510, Permitting holocaust commission to accept gifts, donations and appropriations from Legislature; reimbursement.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 547, Relating to judges and justices and judicial retirement.
     Having been read a second time on yesterday, Tuesday, February 18, 2003, and now coming up in regular order with Senator Oliverio's amendment (shown in the Senate Journal of yesterday, Tuesday, February 18, 2003, page 17) pending, was reported by the Clerk.
     On motion of Senator Kessler, the bill (S. B. No. 547) was advanced to third reading with Senator Oliverio's amendment pending and the right reserved to consider other amendments on that reading.
     The Senate proceeded to the tenth order of business.
     Senate Bill No. 95, Increasing length and width for certain vehicles.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Eng. House Bill No. 2763, Allowing original equipment mounted auxiliary lighting devices for use only when the vehicle is used off road.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     The Senate proceeded 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 tomorrow, Thursday, February 20, 2003, at 11 a.m.
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