Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, unanimous consent being granted, returned to the fourth order of business.
     Senator Rowe, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 24th day of February, 2003, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (S. B. No. 215), Making supplementary appropriation to department of health and human resources, health care authority.
     And,
     (S. B. No. 281), Continuing department of environmental protection.
                              Respectfully submitted,
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Sharon Spencer,
                               Chair, House Committee.
     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. 234, Authorizing auditor to promulgate legislative rule relating to transaction fee and rate structure.
     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 the Judiciary.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     The bill, under the original triple committee reference, was then referred 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
     Com. Sub. for Senate Bill No. 362 (originating in the Committee on Transportation), Establishing Public-Private Transportation Act of 2003.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Com. Sub. for Senate Bill No. 362 (originating in the Committee on Finance)--A Bill to amend chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-d, relating to establishment of the public-private transportation act of two thousand three; setting forth legislative findings and purposes; defining terms; providing prerequisites for development of a transportation facility; providing for the creation of a public-private transportation oversight committee and its membership; setting forth the powers and duties of the committee; providing for the submission of proposals and approval by the committee; providing for service contracts; providing for the dedication of public property; setting forth the powers and duties of a developer; requiring a comprehensive agreement; providing for federal, state and local assistance; addressing material default and remedies; prohibiting governmental entities from pledging full faith and credit; providing for the exercise of condemnation; addressing utility crossings; addressing dedication of assets; providing for an exemption from purchasing rules; qualifying transportation facilities as public improvements; setting forth a termination date; and addressing construction.
     With the recommendation that the committee substitute for committee substitute do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Chafin, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 362) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     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. 364, Strengthening multidisciplinary treatment team process for children involved in court system.
     And,
     Senate Bill No. 428, Directing auditor issue warrants for payment of certain claims against state.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Chafin, unanimous consent being granted, the bills (Com. Sub. for S. B. No. 364 and S. B. No. 428) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
     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. 365, Providing board of landscape architects set certain fees by rule.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 365 (originating in the Committee on Government Organization)--A Bill to amend article twenty-two, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five-a, relating to board of landscape architects; and authorizing the board to set fees by rule.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 365) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 515, Creating State Payment for State Mandates Act.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 515 (originating in the Committee on Government Organization)--A Bill to amend chapter four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article thirteen, relating to the state payment for state mandates act; legislative findings; definitions; requiring funding of state mandates; establishing a local government mandates appeal board; and mandate review requirements.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 515) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, 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. 555, Providing person not guilty of trespassing or hunting without permission in certain cases.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 555 (originating in the Committee on Natural Resources)--A Bill
to amend and reenact section seven, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that persons may not be guilty of trespassing or hunting without permission merely because the person's dog pursues an animal or wild bird onto another person's private or leased land.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               John Pat Fanning,
                               Chair.
     The bill (Com. Sub. for S. B. No. 555), under the original double committee reference, was then referred to the Committee on the Judiciary.
     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. 578, Establishing Central Highlands highway authority.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 578 (originating in the Committee on Government Organization)--A Bill to establish the central West Virginia highlands highway authority to include representatives from Braxton, Nicholas, Webster, Randolph and Pocahontas counties; appointment of officers; and powers of authority.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 578) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
     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. 583, Creating extended weight coal haul road system.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 583 (originating in the Committee on Energy, Industry and Mining)--A Bill
to amend and reenact section one, article six, chapter seventeen-c 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 ten; to amend and reenact sections ten and eleven, article seventeen of said chapter; to further amend said article by adding thereto a new section, designated section eleven- d; to further amend said chapter by adding thereto two new articles, designated articles seventeen-a and seventeen-b; to amend and reenact sections three and seven, article one, chapter seventeen-e of said code; and to amend chapter twenty-four-a of said code by adding thereto a new article, designated article one- a, all relating to the regulation of commercial vehicles; increasing speeding fines for commercial vehicles transporting coal; authorizing public service commission and its employees to enforce laws of the road for commercial vehicles; authorizing weight enforcement for commercial vehicles moving or parked on or within one hundred feet of public rights-of-way; establishing administrative enforcement process and penalties for vehicles transporting coal; providing legislative findings for special regulation of coal transportation on the coal resource transportation road system; defining terms; designating eligible counties; directing public service commission to administer commercial vehicle weights and measures; providing that division of highways and public service commission administer all aspects of weight and safety requirements; providing that division of highways coordinate establishment of coal resource transportation roads with the public service commission; establishing a permitting program for vehicles transporting coal which allows higher weight limits upon meeting certain requirements; authorizing public service commission to promulgate emergency and legislative rules; providing special operator and vehicle permit requirements; providing for fees to be assessed for permits; providing reporting requirements for vehicle owners, coal shippers and coal receivers; authorizing commission employees to inspect certain weight transportation records; establishing administrative sanctions for coal vehicle weight violations; establishing new criminal penalties for weight violations; establishing procedure and criteria for commissioner of division of highways to designate special coal resource transportation roads; authorizing commissioner of division of highways to enter into agreements with persons responsible for coal transport to undertake road and bridge improvements; providing for transfer of certain duties, authority and employees of the division of highways to the public service commission; providing dates for transfer of these duties; providing that state road funds for these costs be transferred to public service commission; providing that transfer of these duties does not alter other law-enforcement agencies' authority; removing weight from the list of nonserious traffic violations; creating commercial motor vehicle weight and safety enforcement advisory committee; and providing for its membership, organization, expense reimbursements and duties.
     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,
                               William R. Sharpe, Jr.,
                               Chair.
     At the request of Senator Sharpe, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 583) contained in the preceding report from the Committee on Energy, Industry and Mining was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 588, Creating transportation and economic development information system.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 588 (originating in the Committee on Government Organization)--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 two-e, relating to implementing a transportation and economic development information system at the Nick J. Rahall II Appalachian transportation institute; legislative findings; and setting forth a work plan.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 588) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
     Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Senate Bill No. 596, Relating to municipal policemen's and firemen's pension and relief funds.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 596 (originating in the Committee on Pensions)--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.
     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,
                               Evan H. Jenkins,
                               Chair.
     At the request of Senator Jenkins, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 596) contained in the preceding report from the Committee on Pensions was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 616, Allowing municipalities to enact occupation privilege fee.
     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,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
     At the request of Senator Bowman, unanimous consent being granted, the bill (S. B. No. 616) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
     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. 632, Relating to state agencies making timely payments for telephone services.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 632 (originating in the Committee on Government Organization)--A Bill to amend article seven, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four-a, relating to state agencies making timely payments on invoices for telephone services.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 632) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
     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. 634, Defining crow as gamebird.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              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
     Senate Bill No. 647 (originating in the Committee on Finance)- -A Bill to amend and reenact section four, article six, chapter twelve of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to modifying the type and amount of bond required to be obtained and maintained by the investment management board; and authorizing the establishment and maintenance of a self-insurance account in connection with the procurement and maintenance of insurance coverage by the investment management board.

     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.

     At the request of Senator Chafin, unanimous consent being granted, the bill (S. B. No. 647) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     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 Concurrent Resolution No. 17, Requesting Congress enact National Recreation Lakes Act of 2002.
     And,
     Senate Concurrent Resolution No. 24, Urging Congress to enact legislation addressing navigational needs on rivers; funding.
     And reports the same back with the recommendation that they each be adopted.
                              Respectfully submitted,
                               John Pat Fanning,
                               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 Concurrent Resolution No. 27, Requesting Joint Committee on Government and Finance study protection of water supply.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Concurrent Resolution No. 27 (originating in the Committee on Natural Resources)--
Requesting the Joint Committee on Government and Finance study a state water plan for protection of the state's water supply.
     Whereas, Water is a vital economic resource of equal or greater importance than any other mineral or natural resource; and
     Whereas, The state has a compelling interest in assuring that the consumptive uses of its water resources are managed in a manner that both protects the state's natural resources and assures an adequate water supply for agricultural, domestic, commercial and industrial purposes; and
     Whereas, Competition over water resources and allocations among the states is a long-standing and growing issue both regionally and nationally; and
     Whereas, Water resources must be managed to meet the water needs of people while maintaining, protecting and improving the state's natural systems; and
     Whereas, This state contains the headwaters of several major river systems and downstream metropolitan regions in other states increasingly rely upon waters originating in this state for their water supply, thereby increasing the potential for interstate water use conflicts between this state and downstream states and other public and private entities; and
     Whereas, There are concerns about intrastate water use between competing consumptive users withdrawing from the same watercourses and the effects of such consumptive uses on the conservation of those watercourses; and
     Whereas, The role of the state should be to ensure water resources are adequately managed and protected and to develop a water policy and comprehensive state water plan that establishes guidelines and a framework for the development of regional water supply plans which should integrate water supply, water quality, water use and environmental issues and should be used to guide decisions that affect water resources in the state. Further, the state water plan should help integrate and coordinate the water planning and management of local, state and federal agencies; and
     Whereas, The management and control of our substantial water resources are integral to West Virginia's success in a variety of economic arenas, including, but not limited to, energy production, agriculture and tourism; and
     Whereas, West Virginia is in an unique position geographically and demographically with regard to recreational water uses and can take steps to further enhance this ecotourism image; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Legislature hereby requests the Joint Committee on Government and Finance study a state water plan for protection of the state's water supply; and, be it
  Further Resolved, That the Joint Committee on Government and Finance establish a joint water policy commission, in coordination with a water policy technical advisory task force, that will create a comprehensive state water plan
for the protection of the quantity and quality of the state's water resources, including, but not limited to:
  1. Water supply allocation and interbasin transfers;
  2. Natural systems and in-stream flow protection;
  3. Agricultural use, development and efficiency;
  4. Local government water use, development and assistance with water and wastewater systems;
  5. Water conservation, reuse and drought;
  6. Water rights management;
  7. Water-based recreation;
  8. Data collection, management and research in water information;
  9. Interstate water issues, including diversion and exportation;
  10. Water storage, aquifer storage and recovery;
  11. Watershed planning and management;
  12. Reservoir operations;
  13. Water marketing and transfers;
  14. Problem mediation and arbitration;
  15. Other general issues relating to consumptive and nonconsumptive water uses; and, be it
  Further Resolved, That the joint water policy commission be dedicated to comprehensively address West Virginia water policy and law by implementing, in cooperation with the water policy technical advisory task force, the state water plan. The commission shall consist of six members each from the House of Delegates and the Senate, including the chairs of the Judiciary, Finance and Natural Resources committees, to be appointed by the Speaker of the House of Delegates and the President of the Senate, with the cochairs appointed from the three appointees who do not chair the standing committees; and, be it
  Further Resolved, That a water policy technical advisory task force be established by the joint water policy commission for the purposes of providing technical information, feedback and assistance implementing the state water plan; that the task force meet twice a month and report monthly to the joint water policy commission during interim meetings; and that the advisory task force be comprised of members of relevant governmental agencies, including, but not limited to, the Department of Environmental Protection, the Department of Natural Resources, the Attorney General's Office, the Department of Agriculture and the Public Service Commission Consumer Advocate Division, together with representatives of business, industry and the public, including, but not limited to, representatives of water and wastewater utilities, agriculture interests, environmental interests, recreational and other public interests; and, be it
  Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
  Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

  With the recommendation that the committee substitute be adopted.
                         Respectfully submitted,
                          John Pat Fanning,
                          Chair.
  Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
  Your Committee on Finance has had under consideration
  Senate Concurrent Resolution No. 35 (originating in the Committee on Finance)--Providing for the issuance of bonds not to exceed three billion nine hundred million dollars pursuant to article eight, chapter twelve of the code of West Virginia.
  Resolved by the Legislature of West Virginia:
  That pension bonds in a principal amount not to exceed three billion nine hundred million dollars are authorized to be sold by the Governor during the time period set forth in section four, article eight, chapter twelve of the code of West Virginia; and, be it
  Further Resolved, That the terms of the bonds shall be determined by the Governor as set forth in the trust indenture approved by the Governor; and, be it
  Further Resolved, That the Governor shall sell the bonds herein mentioned at such time or times in such amounts, not exceeding the aggregate principal amount described above, at such prices during the fiscal year as he may determine necessary to provide funds for the purposes set forth below, provided that before the sale of any such bonds, the Governor shall deliver the written findings required by section five, article eight, chapter twelve of the code of West Virginia; and, be it
  Further Resolved, That the maximum costs associated with the issuance of the bonds, excluding fees for bond insurance, credit enhancement and liquidity facilities, plus underwriter's discount and any other costs associated with the issuance, shall not exceed, in the aggregate, the sum of one percent of the aggregate principal amount of bonds issued, the payment of such costs to be subject to final approval by the review committee established pursuant to section four, article eight, chapter twelve of the code of West Virginia; and, be it
  Further Resolved, That the net proceeds of sales of all bonds herein authorized shall be paid to the Consolidated Public Retirement Board pursuant to section seven, article eight, chapter twelve of the code of West Virginia and used for the purposes set forth in article eight of said chapter.
  And reports the same back with the recommendation that it be adopted.
                         Respectfully submitted,
                          Walt Helmick,
                          Chair.
  Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
  Your Committee on Pensions has had under consideration
  Eng. House Bill No. 2975, Providing a window for persons who were members of PERS and who left state employment withdrawing their PERS moneys to buy back their time with interest.
  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,
                          Evan H. Jenkins,
                          Chair.
  The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Pensions pending.
  Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
  Your Committee on Pensions has had under consideration
  Eng. House Bill No. 2983, Relating to the teachers' retirement system.
  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 Finance.
                         Respectfully submitted,
                          Evan H. Jenkins,
                          Chair.
  The bill, under the original double committee reference, was then referred to the Committee on Finance.
  Pending announcement of meetings of standing committees of the Senate,
  On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, February 25, 2003, at 11 a.m.
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