WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

FORTY-EIGHTH DAY

____________

Charleston, W. Va., Monday, February 24, 2003

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

     Prayer was offered by Pastor Delton Smith, Christian Life Center, Parkersburg, West Virginia.
     Pending the reading of the Journal of Friday, February 21, 2003,
     On motion of Senator White, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     The Senate then proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 170, Requiring informed consent for abortion; other provision.
     On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 2I. WOMEN'S RIGHT TO KNOW ACT.

§16-2I-1. Definitions.


     For the purposes of this article, the words or phrases defined in this section have these meanings ascribed to them.
     (a) "Abortion" means the use or prescription of any instrument, medicine, drug or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth or to remove a dead embryo or fetus.
     (b) "Attempt to perform an abortion" means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in West Virginia in violation of this article.
     

(c) "Medical emergency" means any condition which, on the basis of a physician's good-faith clinical judgment, so complicates

the medical condition of a pregnant female as to necessitate the immediate termination of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.
     

(d) "Physician" means any medical or osteopathic doctor licensed to practice medicine in this state.


     

(e) "Probable gestational age of the embryo or fetus" means what, in the judgment of the physician, will with reasonable probability be the gestational age of the embryo or fetus at the time the abortion is planned to be performed.


     (f) "Stable internet website" means a website that, to the extent reasonably practicable, is safeguarded from having its content altered other than by the department of health and human resources.
§16-2I-2.

Informed consent.


     No abortion may be performed in this state except with the voluntary and informed consent of the female upon whom the abortion is to be performed. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if, and only if:
     

(a) The female is told the following, by telephone or in person, by the physician or the licensed health care professional to whom the responsibility has been delegated by the physician who is to perform the abortion at least twenty-four hours before the abortion:


     (1) The particular medical risks associated with the particular abortion procedure to be employed, including, when medically accurate, the risks of infection, hemorrhage, danger to subsequent pregnancies and infertility;
     (2) The probable gestational age of the embryo or fetus at the time the abortion is to be performed; and
     (3) The medical risks associated with carrying her child to term.
     The information required by this subsection may be provided by telephone without conducting a physical examination or tests of the patient, in which case the information required to be provided may be based on facts supplied by the female to the physician or other licensed health care professional to whom the responsibility has been delegated by the physician and whatever other relevant information is reasonably available to the physician or other licensed health care professional to whom the responsibility has been delegated by the physician. It may not be provided by a tape recording, but must be provided during a consultation in which the physician or licensed health care professional to whom the responsibility has been delegated by the physician is able to ask questions of the female and the female is able to ask questions of the physician or the licensed health care professional to whom the responsibility has been delegated by the physician.
     If a physical examination, tests or the availability of other information to the physician or other licensed health care professional to whom the responsibility has been delegated by the physician subsequently indicate, in the medical judgment of the physician or the licensed health care professional to whom the responsibility has been delegated by the physician, a revision of the information previously supplied to the patient, that revised information may be communicated to the patient at any time prior to the performance of the abortion procedure.
     Nothing in this section may be construed to preclude provision of required information in a language understood by the patient through a translator.
     

(b) The female is informed, by telephone or in person, by the physician who is to perform the abortion, or by an agent of the physician, at least twenty-four hours before the abortion procedure:


     (1) That medical assistance benefits may be available for prenatal care, childbirth and neonatal care through governmental or private entities;
     (2) That the father, if his identity can be determined, is liable to assist in the support of her child based upon his ability to pay even in instances in which the father has offered to pay for the abortion; and
     (3) That she has the right to review the printed materials described in section three of this article, that these materials are available on a state-sponsored website and the website address.
     The physician or an agent of the physician shall orally inform the female that the materials have been provided by the state of West Virginia and that they describe the embryo or fetus and list agencies and entities which offer alternatives to abortion.
     If the female chooses to view the materials other than on the website, then they shall either be provided to her at least twenty- four hours before the abortion or mailed to her at least seventy- two hours before the abortion by first class mail in an unmarked envelope.
     The information required by this subsection may be provided by a tape recording if provision is made to record or otherwise register specifically whether the female does or does not choose to have the printed materials given or mailed to her.
     

(c) The female shall certify in writing, prior to the abortion, that the information described in subsections (a) and (b) of this section has been provided to her and that she has been informed of her opportunity to review the information referred to in subdivision (3), subsection (b) of this section.


     

(d) Prior to performing the abortion procedure, the physician who is to perform the abortion or the physician's agent shall obtain a copy of the executed certification required by the provisions of subsection (c) of this section.


§16-2I-3.

Printed information.


     

(a) Within ninety days of the effective date of this article, the secretary of the department of health and human resources shall cause to be published, in English and in each language which is the primary language of two percent or more of the state's population, as determined by the most recent decennial census performed by the U. S. census bureau, and shall cause to be available on the website provided for in section four of this article the following printed materials in such a way as to ensure that the information is easily comprehensible:


     (1) Geographically indexed materials designed to inform the reader of public and private agencies and services available to assist a female through pregnancy, upon childbirth and while the child is dependent, including adoption agencies, which shall include a comprehensive list of the agencies available, a description of the services they offer and a description of the manner, including telephone numbers. At the option of the secretary of health and human resources, a 24-hour-a-day telephone number may be established with the number being published in such a way as to maximize public awareness of its existence which may be called to obtain a list and description of agencies in the locality of the caller and of the services they offer; and
     (2) Materials designed to inform the female of the probable anatomical and physiological characteristics of the embryo or fetus at two-week gestational increments from the time when a female can be known to be pregnant to full term, including any relevant information on the possibility of the embryo or fetus's survival and pictures or drawings representing the development of an embryo or fetus at two-week gestational increments: Provided, That any such pictures or drawings must contain the dimensions of the embryo or fetus and must be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages. The material shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each procedure, the possible detrimental psychological effects of abortion and the medical risks commonly associated with carrying a child to term.
     

(b) The materials referred to in subsection (a) of this section shall be printed in a typeface large enough to be clearly legible. The website provided for in section four of this article shall be maintained at a minimum resolution of seventy dots per inch. All pictures appearing on the website shall be a minimum of 200 x 300 pixels. All letters on the website shall be a minimum of eleven-point font. All information and pictures shall be accessible with an industry standard browser requiring no additional plug-ins.


     

(c) The materials required under this section shall be

available at no cost from the department of health and human resources upon request and in appropriate numbers to any person, facility or hospital.
§16-2I-4. Internet website.

    Within ninety days of the effective date of this article, the secretary of the department of health and human resources shall develop and maintain a stable internet website to provide the information required to be provided pursuant to the provisions of section three of this article. No information regarding persons visiting the website may be collected or maintained. The secretary of the department of health and human resources shall monitor the website on a daily basis to prevent and correct tampering.


§16-2I-5. Procedure in case of medical emergency.
     When a medical emergency compels the performance of an abortion, the physician shall inform the female, prior to the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert her death or that a 24-hour delay will create serious risk of substantial and irreversible impairment of a major bodily function.

§16-2I-6. Protection of privacy in court proceedings.


     In every civil or criminal proceeding or action brought under this article, the court shall rule whether the anonymity of any female upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest and why no reasonable, less restrictive alternative exists. In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under section nine of this article shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.
§16-2I-7. Reporting requirements.
     (a) Within ninety days of the effective date of this article, the secretary of the department of health and human resources shall prepare a reporting form for physicians containing a reprint of this article and listing:
     (1) The number of females to whom the information described in subsection (a), section two of this article was provided;
     (2) The number of females to whom the physician or an agent of the physician provided the information described in subsection (b), section two of this article;
     (3) The number of females who availed themselves of the opportunity to obtain a copy of the printed information described in section three of this article other than on the website;
     (4) The number of abortions performed in cases involving medical emergency; and
     (5) The number of abortions performed in cases not involving a medical emergency.

    (b) The secretary of the department of health and human resources shall ensure that copies of the reporting forms described in subsection (a) of this section are provided:


     (1) Within one hundred twenty days after the effective date of this article to all physicians licensed to practice in this state;
     (2) To each physician who subsequently becomes newly licensed to practice in this state, at the same time as official notification to that physician that the physician is so licensed; and
     (3) By the first day of December of each year, other than the calendar year in which forms are distributed in accordance with subdivision (1) of this subsection, to all physicians licensed to practice in this state.
     

(c) By the twenty-eighth day of February of each year following a calendar year in any part of which this act was in

effect, each physician who provided, or whose agent provided, information to one or more females in accordance with section two of this article during the previous calendar year shall submit to the secretary of the department of health and human resources a copy of the form described in subsection (a) of this section with the requested data entered accurately and completely.
     

(d) Reports that are not submitted by the end of a grace period of thirty days following the due date are subject to a late fee of five hundred dollars for each additional thirty-day period or portion of a thirty-day period they are overdue. Any physician required to report in accordance with this section who has not submitted a report, or has submitted only an incomplete report, more than one year following the due date may, in an action brought by the secretary of the department of health and human resources, be directed by a court of competent jurisdiction to submit a complete report within a period stated by court order or be subject to sanctions for civil contempt.


     

(e) By the first day of August of each year, the secretary of the department of health and human resources shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this section for each of the items listed in subsection (a) of this section. Each report shall also provide the statistics for all previous calendar years, adjusted to reflect any additional

information from late or corrected reports. The secretary of the department of health and human resources shall prevent any of the information from being included in the public reports that could reasonably lead to the identification of any physician who performed or treated an abortion, or any female who has had an abortion, in accordance with subsection (a), (b) or (c) of this section. Any information that could reasonably lead to the identification of any physician who performed or treated an abortion, or any female who has had an abortion, in accordance with subsection (a), (b) or (c) of this section, is exempt from disclosure under the freedom of information act, article one, chapter twenty-nine-b of this code.
     

(f) The secretary of the department of health and human resources may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code which alter the dates established by subdivision (3), subsection (b) of this section, or subsection (c) or (e) of this section or consolidate the forms or reports described in this section with other forms or reports to achieve administrative convenience or fiscal savings or to reduce the burden of reporting requirements, so long as reporting forms are sent to all licensed physicians in the state at least once every year and the report described in subsection (e) of this section is issued at least once every year.


§16-2I-8. Administrative remedies.
     (a) Any person or entity may make a complaint to the licensing board, if any, of a person whose conduct is regulated by the provisions of this article and may charge such person with a violation of this article.
     (b) Any physician or agent thereof who willfully violates the provisions of this article is subject to sanctions by the licensing board governing his or her profession. For the first violation, the licensing board shall issue a written reprimand to the violator. For the second violation, the licensing board shall revoke the violator's license.
     (c) No penalty or civil liability may be assessed for failure to comply with paragraph (3), subsection (b), section two of this article or that portion of subsection (c) of said section requiring a written certification that the female has been informed of her opportunity to review the information referred to in paragraph (3), subsection (b) of said section unless the department of health and human resources has made the printed materials available at the time the physician or the licensed health care professional to whom the responsibility has been delegated by the physician is required to inform the female of her right to review them.
§16-2I-9. Civil remedies.
     
Any person upon whom an abortion has been attempted or performed without section two of this article having been complied with may maintain an action against the person who attempted to perform or did perform the abortion with a knowing or consciously, subjectively and deliberately formed intention to violate this article for compensatory damages. If the person upon whom an abortion has been attempted or performed without section two of this article having been complied with is a minor, the legal guardian of the minor may maintain an action against the person who attempted to perform or did perform the abortion with a knowing or consciously, subjectively and deliberately formed intention to violate this article for compensatory damages.
§16-2I-10. Severability.
     If any one or more provision, section, subsection, sentence, clause, phrase or word of this article or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this article shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed this article, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase or word be declared unconstitutional.;
     And,
     On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 170--A Bill to amend chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-i, relating to creating a women's right to know act; requiring informed consent for an abortion to be performed; requiring certain information to be supplied to women considering abortion; establishing minimum waiting period for abortions after having been supplied information; exception for a medical emergency; requiring physicians to report abortion statistics; requiring the secretary of the department of health and human resources to publish information and develop a website on alternatives to abortion; protecting privacy in court proceedings; exempting certain information from disclosure under the freedom of information act; administrative remedies; civil remedies; and penalties.
     On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 170, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
     The nays were: McCabe and Rowe--2.
     Absent: Guills and Snyder--2.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 170) passed with its House of Delegates amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2603--A Bill to amend and reenact article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the Legislature; authorizing the department of environmental protection to promulgate a legislative rule relating to the NOx budget trading program as a means of control and reduction of nitrogen oxides from nonelectric generating units; authorizing the department of environmental protection to promulgate a legislative rule relating to permits for the construction, modification, relocation and operation of stationary sources of air pollutants, notification requirements, administrative updates, temporary permits, general permits and procedures for evaluation; authorizing the department of environmental protection to promulgate a legislative rule relating to standards of performance for new stationary sources pursuant to 40 CFR Part 60; authorizing the department of environmental protection to promulgate a legislative rule relating to the prevention and control of air pollution from hazardous waste treatment, storage or disposal facilities; authorizing the department of environmental protection to promulgate a legislative rule relating to the NOx budget trading program as a means of control and reduction of nitrogen oxides from electric generating units; authorizing the department of environmental protection to promulgate a legislative rule relating to requirements for operating permits; authorizing the department of environmental protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants for source categories pursuant to 40 CFR Part 63; authorizing the department of environmental protection to promulgate a legislative rule relating to acid rain provisions and permits; authorizing the department of environmental protection to promulgate a legislative rule relating to surface mining and reclamation; authorizing the department of environmental protection to promulgate a legislative rule relating to coal-related dam safety; authorizing the department of environmental protection to promulgate a legislative rule relating to standards for the beneficial use of materials similar to sewage sludge; authorizing the department of environmental protection to promulgate a legislative rule relating to hazardous waste management; authorizing the department of environmental protection to promulgate a legislative rule relating to the hazardous waste management fund certification legislative rule concerning fee assessment; authorizing the department of environmental protection to promulgate a legislative rule relating to water pollution control permit fee schedules; authorizing the environmental quality board to promulgate a legislative rule relating to requirements governing water quality standards; and authorizing the oil and gas conservation commission to promulgate a legislative rule relating to rules of the commission.
     Referred 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 from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2984--A Bill to amend and reenact section fourteen-b, article seven-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to state teachers retirement system; increasing the amount of service credit a teacher off work on workers' compensation may purchase; setting forth a window for the purchase; and providing that a teacher receive increment credit for each year purchased.
     Referred to the Committee on Pensions; 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. House Bill No. 3050--A Bill to authorize the county commission of Jefferson County to convey a parcel of county-owned land to the Jefferson County Fairgrounds; and reserving certain reversionary rights.
     Referred to the Committee on Government Organization.
     A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 46--Requesting the West Virginia Division of Highways to name Mullens overhead bridge located on State Route 16 in Mullens, Wyoming County, West Virginia, the "Sergeant Jack W. Staton Memorial Bridge".
     Whereas, Jack W. Staton was born on December 25, 1924, in West Columbia, Mason County, West Virginia, the son of Bertha and Russell Cunningham Staton. He graduated from Mullens High School in 1942 and enlisted in the U. S. Air Force. He married Anna June Robertson on October 19, 1943; and
     Whereas, Jack W. Staton attained the rank of Sergeant and was assigned to a B-24 Bomber crew as nose turret gunner at Davis-Monthan Air Base, Tucson, Arizona, in May or June 1944. The crew was later assigned to the 446th Bomb Group, 706th Bomb Squadron, (APO) at Bungay, northeast of London near the English Channel. The other crew members were 1st Lt. Ralph V. Shaffer, Pilot; 2nd Lt. George Lesko, Copilot; 2nd Lt. Herbert Rubin, Bombardier; Flight Officer Norman H. Phillips, Navigator; Tech Sgt. Charles E. Wyatt, Engineer; Staff Sgt. Frank W. Loichinger, Radio Operator; Sgt. Albert H. Lang, Ball T Gunner; Sgt. Ted Zomonek, Waist Gunner (also from West Virginia); Sgt. Willard R. Fetterhoff, Tail Gunner; and Private Jack Maxwell, Waist Gunner. This crew flew nine missions, with their last being on August 26, 1944. Their mission and target on this date was the Farber Chemical Factory at Mannhien/Ludigshafen, Germany. The crew (except Herb Rubin who was training with another crew) was flying a plane named "Ginger" when they encountered flak at their target. The B-24 was severely damaged with three of the four engines out. The entire crew parachuted out and the plane crashed at Schoeneck, France, several kilometers from Saarbrucken, Germany. Jack Staton's body was recovered from the Saar River in Saarbrucken and, while the cause of his death was never verified except for German documentation stating drowning, surviving crew member George Lesko has indicated that he was sure Jack Staton would have been wearing his "Mae West" floatation device in the water and doubts the German records. German treatment of other members plus eyewitness accounts support the conclusion that he was murdered. Other members of this crew who died on that ill-fated day were Charles E. Wyatt, Ted Zemonek, Willard R. Fetterhoff and Jack Maxwell, who were all captured by the German SS and after they surrendered were marched into a forest and shot in the back of their heads. These executioners were found guilty at the war crimes trial and were executed by hanging. Vince Shaffer was also lost on that date, but it is still unknown what happened to him. The only crew members to survive were George Lesko, Albert H. Lang and Norman H. Phillips; and
     Whereas, Jack W. Staton and the brave men who flew with his crew gave their lives in the service of their country, making the supreme sacrifice in a time of great worldwide conflict to protect our freedoms and to assist others from the threats of tyranny against that freedom; and
     Whereas, Jack W. Staton received two Silver Stars, Purple Heart, Air Medal, European Theater Medal, Good Conduct and Distinguished Flying Cross; and
     Whereas, The life and sacrifice of Jack W. Staton and his fellow crew members should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the members of the Legislature request the West Virginia Division of Highways to name the Mullens overhead bridge located on State Route 16 in Mullens, Wyoming County, West Virginia, the "Sergeant Jack W. Staton Memorial Bridge"; and, be it
     Further Resolved, That the West Virginia Division of Highways provide and erect a sign at either end of the bridge displaying the name of the bridge; and, be it
     Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to the surviving family of Jack W. Staton, along with the surviving crew of the B-24 "Ginger" together with the heartfelt thanks and gratitude from this Legislature to the other young crewmen who also lost their lives on August 26, 1944, and to the survivors of that mission who have served their country so well, all heroes to their country, and whose deeds should also not go unnoticed.
     Referred to the Committee on Transportation.
     A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 53--Extending the Committee of Conference relating to consideration of Com. Sub. for H. B. 2122, relating to medical professional liability generally.
     Resolved by the Legislature of West Virginia:
     That pursuant to Rule No. 3 of the Joint Rules of the Senate and House of Delegates, the Committee of Conference is hereby extended for a period of three days for the express purpose of consideration of matters of disagreement between the two houses as to Com. Sub. for H. B. 2122.
     At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
     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.
     The Senate proceeded to the fourth order of business.
     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. 380, Relating to licensing of private investigators and security guards.
     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,
                               Jeffrey V. Kessler,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on the Judiciary 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. 494, Regulating fees between cemeteries and veterans for setting grave markers.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 494 (originating in the Committee on the Judiciary)--A Bill to amend the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new chapter, designated chapter twenty-four-f, relating to authorizing the public service commission to regulate transactions between cemeteries, companies that set and install memorial headmarkers and veterans or their survivors concerning fees for setting United States department of veterans' affairs gravemarkers at the graves of deceased veterans; legislative findings; exemptions; enforcement of orders; judicial review; and designation of the affected cemeteries as outside the purview of utility regulation.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     The Senate proceeded to the fifth order of business.
Filed Conference Committee Reports

     The Clerk announced the following conference committee report had been filed at 11:30 a.m. today:
     Eng. Com. Sub. for House Bill No. 2121, Establishing the "All-Terrain Vehicle Safety Act" and the reasons therefor.
     The Senate proceeded to the sixth order of business.
     Senator Rowe offered the following resolution:
     Senate Concurrent Resolution No. 34--Requesting the Joint Committee on Government and Finance study the administration and management of estates of decedents and minors and the powers, duties and qualifications of fiduciaries charged with administering and managing those estates.
     Whereas, The methods of governing the administration and management of estates of decedents and minors are outdated and should be reviewed and revised; and
     Whereas, The procedures required for the administration and management of estates of decedents and minors are complex and cumbersome for people appointed as fiduciaries; and
     Whereas, The powers, duties and qualifications of fiduciaries conflict at times; and
     Whereas, An efficient, easily understood method of administering and managing estates of decedents and minors serves the best interests of the citizens of West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the administration and management of estates of decedents and minors and the powers, duties and qualifications of fiduciaries charged with administering and managing those estates; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 28,
Requesting Division of Highways name bridge on Interstate 64/77 spanning Cabin Creek "Mother Jones Labor Heritage Bridge".
     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.
     House Concurrent Resolution No. 3, Naming the bridge that crosses the Capon River on Route 259 at Yellow Spring, Hampshire County, the "Kenneth Seldon Bridge".
     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.
     House Concurrent Resolution No. 11, Naming the bridge located on Route 85, Kopperston Road, Wyoming County, West Virginia, the "Wavel Wayne Powell Bridge".
     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.
     House Concurrent Resolution No. 15, Naming the bridge located between Lillyhaven and Lillydale in Wyoming County, West Virginia, the "Roger Gene Craig Bridge".
     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.
     House Concurrent Resolution No. 16, Renaming the entire portion of the West Virginia King Coal Highway, the intersection of I-73/74 and the Coalfield Expressway and the intersection of I-73/74 and Route 123.
     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.
     House Concurrent Resolution No. 18, Naming the new bridge on Winchester Street which crosses the CSX Railroad in Paw Paw, Morgan County, West Virginia, the "PFC Ray W. Stotler Memorial Bridge".
     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.
     House Concurrent Resolution No. 19, Naming the new bridge on Route 9 which crosses the CSX Railroad in Paw Paw, Morgan County, West Virginia, the "The American Legion Bridge".
     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.
     House Concurrent Resolution No. 20, Erecting a road sign on state route 61 near Beardsfork Hollow, Fayette County, West Virginia, honoring Walter "Mike" South former President of the Black Lung Association.
     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.
     House Concurrent Resolution No. 23, Naming the new bridge on Moran Avenue approaching downtown Mullens, Wyoming County, the "Ray Toler Memorial Bridge".
     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.
     The Senate proceeded to the eighth order of business.
     Eng. Senate Bill No. 95, Increasing length and width for certain vehicles.
     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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Guills and Snyder--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. 95) 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. 354, Relating to operating or attempting to operate clandestine drug laboratory; penalty.
     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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Guills and Snyder--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. 354) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2003.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Guills and Snyder--2.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 354) takes effect July 1, 2003.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 357, Relating to standard nonforfeiture law for individual deferred annuities.
     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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Guills and Snyder--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. 357) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2003.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Guills and Snyder--2.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 357) takes effect July 1, 2003.
     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. 370, Allowing certain vehicle auxiliary lighting devices when vehicle used off road.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar.
     Eng. Senate Bill No. 635, Clarifying foster care services in relation to behavioral health.
     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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Guills and Snyder--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. 635) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Guills and Snyder--2.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 635) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 636, Exempting competitive bidding requirement for commodities and services by nonprofit workshops.
     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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Guills and Snyder--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. 636) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Guills and Snyder--2.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 636) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 2763, Allowing original equipment mounted auxiliary lighting devices for use only when the vehicle is used off road.
     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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Guills and Snyder--2.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2763) passed.
     On motion of Senator Ross, the following amendment to the title of the bill 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. House Bill No. 2763--A Bill to amend and reenact section seventeen, article fifteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to auxiliary lighting on motor vehicles; allowing roof- mounted light bar lighting devices on motor vehicles when used off road; and requiring that the devices be turned off and covered when the motor vehicle is operated on a road or highway.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Guills and Snyder--2.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2763) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The end of today's third reading calendar having been reached, the Senate returned to the consideration of
     Eng. Com. Sub. for Senate Bill No. 370, Allowing certain vehicle auxiliary lighting devices when vehicle used off road.
     On third reading, coming up in deferred order, was again reported by the Clerk.
     On motion of Senator Chafin, the bill was recommitted to the Committee on Transportation.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
     The Senate proceeded to the ninth order of business.
     Senate Bill No. 76, Increasing amount from consolidated fund as loan to economic development authority.
     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 nine-e, line fourteen, by striking out the word "hereinafter";
     On page two, section nine-e, line fourteen, after the word "provided" by inserting the words "in this section";
     On page five, section nine-e, line seventy-seven, by striking out the word "shall";
     On page seven, section nine-e, line one hundred four, by striking out the word "thereunder" and inserting in lieu thereof the words "under the loan";
     On page seven, section nine-e, line one hundred five, by striking out the words "as may be";
     On page seven, section nine-e, line one hundred twenty-four, after the word "year" by changing the comma to a period;
     On page eight, section nine-e, line one hundred twenty-five, by striking out the word "which" and inserting in lieu thereof the word "The";
     On page eight, section nine-e, line one hundred twenty-seven, by striking out the words "as may be";
     On page eight, section nine-e, line one hundred twenty-nine, after the word "authority" by changing the comma to a period, striking out the words "and which" and inserting in lieu thereof the word "The";
     On page eight, section nine-e, line one hundred forty-five, by striking out the word "thereof" and inserting in lieu thereof the words "of the loan";
     And,
     On page ten, section nine-e, line one hundred seventy, by striking out the word "such".
     The bill (S. B. No. 76), as amended, was then ordered to engrossment and third reading.
     Senate Bill No. 90, Increasing number of sales by certain volunteer groups that are exempt from consumers sales tax.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 112, Allowing farm wineries to manufacture, serve and sell certain wines.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page four, section two, line thirteen, after the word "and" by inserting a comma and the words "except as provided in section five-a, article one of this chapter,".
     The bill (S. B. No. 112), as amended, was then ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 180, Providing for school construction on cash basis.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 193, Relating to required registration with commissioner of banking for certain persons.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:
     On page two, section one hundred fifteen, line twenty-four, by striking out the words "four hundred" and inserting in lieu thereof the words "one hundred fifty".
     The following amendments to the bill, from the Committee on Finance, were next reported by the Clerk, considered simultaneously, and adopted:
     On page two, section one hundred fifteen, line eleven, by striking out the word "such" and inserting in lieu thereof the word "the";
     On page two, section one hundred fifteen, line twenty-seven, by striking out the word "Name" and inserting in lieu thereof the words "The name";
     On page three, section one hundred fifteen, line twenty-eight, by striking out the word "Name" and inserting in lieu thereof the words "The name";
     On page three, section one hundred fifteen, line thirty, by striking out the words "Address of" and inserting in lieu thereof the words "The address of the";
     On page three, section one hundred fifteen, line thirty-two, by striking out the word "Address" and inserting in lieu thereof the words "The address";
     On page three, section one hundred fifteen, line forty-three, by striking out the words "Address of" and inserting in lieu thereof the words "The address of the";
     On page three, section one hundred fifteen, line forty-seven, by striking out the word "must" and inserting in lieu thereof the word "shall";
     And,
     On page three, section one hundred fifteen, line fifty-one, by striking out the word "so" and inserting in lieu thereof the word "as".
     The bill (S. B. No. 193), as amended, was then ordered to engrossment and third reading.
     Senate Bill No. 403, Relating to payment in lieu of property tax agreements generally.
     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 four, section nine-a, line thirty-eight, by striking out the words "such form as may be" and inserting in lieu thereof the words "the form";
     On page five, section nine-a, line fifty, by striking out the word "such" and inserting in lieu thereof the word "the";
     On page five, section nine-a, line fifty-five, by striking out the word "such" and inserting in lieu thereof the word "the";
     On page seven, section nine-a, line one hundred two, by striking out the word "such";
     On page seven, section nine-a, line one hundred eleven, by striking out the words "shall be" and inserting in lieu thereof the word "is";
     On page eight, section nine-a, line one hundred fifteen, by striking out the word "so";
     On page eight, section nine-a, line one hundred sixteen, by striking out the words "shall apply" and inserting in lieu thereof the word "applies";
     On page eight, section nine-a, line one hundred eighteen, after the word "thousand" by striking out the word "two" and inserting in lieu thereof the word "three";
     On page eight, section nine-a, line one hundred nineteen, by striking out the words "shall also apply" and inserting in lieu thereof the words "also applies";
     On page eight, section nine-a, line one hundred twenty, by striking out the word "such" and inserting in lieu thereof the word "the";
     On page eight, section nine-a, line one hundred twenty-one, after the word "thousand" by striking out the word "two" and inserting in lieu thereof the word "three";
     On page eight, section nine-a, line one hundred twenty-nine, by striking out the word "two" and inserting in lieu thereof the word "three";
     On page nine, section nine-a, line one hundred forty, by striking out the words "shall be valued at their" and inserting in lieu thereof the words "is valued at its";
     On page nine, section nine-a, line one hundred forty-eight, by striking out the words "shall be" and inserting in lieu thereof the word "is";
     On page ten, section nine-a, line one hundred fifty-five, by striking out the word "shall";
     On page eleven, section nine-a, line one hundred eighty-five, by striking out the word "such" and inserting in lieu thereof the word "the";
     On page eleven, section nine-a, line one hundred eighty-six, by striking out the word "such" and inserting in lieu thereof the word "the";
     On page eleven, section nine-a, line one hundred eighty-seven, after the word "all" by striking out the word "of";
     On page eleven, section nine-a, line one hundred eighty-eight, by striking out the word "such" and inserting in lieu thereof the word "the";
     On page eleven, section nine-a, line one hundred eighty-nine, by striking out the word "such" and inserting in lieu thereof the word "the";
     On page eleven, section nine-a, line one hundred ninety-three, by striking out the word "such" and inserting in lieu thereof the word "the";
     On page twelve, section nine-a, line two hundred three, by striking out the word "such" and inserting in lieu thereof the word "the";
     On page twelve, section nine-a, line two hundred six, by striking out the word "such" and inserting in lieu thereof the word "the";
     On page twelve, section nine-a, line two hundred thirteen, by striking out the word "such" and inserting in lieu thereof the word "the";
     On page thirteen, section nine-a, line two hundred twenty- five, by striking out the words "herein defined" and inserting in lieu thereof the words "defined in this section";
     On page thirteen, section nine-a, line two hundred twenty-eight, by striking out the word "such";
     On page thirteen, section nine-a, line two hundred thirty, by striking out the word "such";
     On page thirteen, section nine-a, line two hundred thirty-two, by striking out the word "such" and inserting in lieu thereof the word "the";
     On page thirteen, section nine-a, line two hundred thirty- seven, by striking out the words "shall be" and inserting in lieu thereof the word "is";
     On page fourteen, section nine-a, line two hundred forty- three, by striking out the word "such";
     On page fourteen, section nine-a, line two hundred forty-four, by striking out the word "such";
     On page fourteen, section nine-a, line two hundred forty-six, by striking out the words "shall be" and inserting in lieu thereof the word "is";
     On page fourteen, section nine-a, lines two hundred fifty and two hundred fifty-one, by striking out the words "the making of a" and inserting in lieu thereof the word "making";
     On page fourteen, section nine-a, lines two hundred fifty- eight and two hundred fifty-nine, after the word "fiduciary" by inserting a comma, striking out the words "or conservator or" and inserting in lieu thereof the word "conservator,";
     On page sixteen, section nine-a, line two hundred eighty-six, by striking out the words "or to,";
     On page eighteen, section nine-a, line three hundred twenty- five, by striking out the words "shall take" and inserting in lieu thereof the word "takes";
     And,
     On page eighteen, section nine-a, line three hundred twenty- six, by striking out the words "shall apply" and inserting in lieu thereof the word "applies".
     The bill (S. B. No. 403), as amended, was then ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 423, Allowing board of examiners of land surveyors set certain fees by legislative rule.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 477, Relating to transfer of certain fees to general revenue fund by fire marshal.
     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 twelve-b, line five, by striking out the words "shall be" and inserting in lieu thereof the word "is";
     On page two, section twelve-b, line ten, by striking out the word "such";
     On page two, section twelve-b, line thirteen, by striking out the word "any" and inserting in lieu thereof the word "no";
     On page two, section twelve-b, line thirteen, by striking out the word "not";
     On page two, section twelve-b, line eighteen, by striking out the word "any" and inserting in lieu thereof the word "no";
     On page two, section twelve-b, line nineteen, by striking out the word "not";
     On page three, section twelve-b, line twenty-five, by striking out the word "any" and inserting in lieu thereof the word "no";
     On page three, section twelve-b, line twenty-six, by striking out the word "not";
     On page four, section twelve-b, line fifty-eight, by striking out the word "shall";
     On page four, section twelve-b, line sixty-two, by striking out the words "the keeping of" and inserting in lieu thereof the word "keeping";
     On page five, section twelve-b, line seventy-six, by striking out the words "such purposes" and inserting in lieu thereof the words "purposes such";
     On page seven, section twelve-b, line one hundred thirteen, by striking out the word "marshal" and inserting in lieu thereof the word "commission";
     On page eight, section twelve-b, line one hundred forty-four, by striking out the word "above" and inserting in lieu thereof the words "in this section";
     On page eight, section twelve-b, line one hundred forty-five, by striking out the word "shall";
     And,
     On page nine, section twenty-two, line thirteen, by striking out the word "so".
     The bill (S. B. No. 477), as amended, was then ordered to engrossment and third reading.
     Senate Bill No. 558, Establishing County Economic Opportunity Development District Act.
     On second reading, coming up in regular order, was reported by the Clerk.
     On motion of Senator Helmick, the bill was referred to the Committee on Finance.
     Senate Bill No. 637, Supplementing, amending, reducing and increasing items from state road fund to department of transportation, division of motor vehicles.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 638, Making supplementary appropriation to department of military affairs and public safety, division of corrections, parolee supervision fees.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 639, Making supplementary appropriation to department of transportation, division of motor vehicles, driver's license reinstatement fund.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 640, Making supplementary appropriation of federal funds to department of military affairs and public safety, division of veterans' affairs.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 641, Making supplementary appropriation of federal funds to department of administration, children's health insurance agency.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 642, Making supplementary appropriation to department of health and human resources, division of human services.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 643, Making supplementary appropriation to bureau of commerce, division of natural resources.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 644, Making supplementary appropriation of federal funds to department of military affairs and public safety, division of corrections.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 645, Making supplementary appropriation of federal funds to public service commission, motor carrier division.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     The Senate proceeded to the tenth order of business.
     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Com. Sub. for Senate Bill No. 51, Setting required and permitted uses of proceeds from charitable bingo and raffles.
     Com. Sub. for Senate Bill No. 136, Exempting mandatory immunizations for good cause or religious prohibition.
     Com. Sub. for Senate Bill No. 387, Increasing time to perfect liens for certain debts.
     Com. Sub. for Senate Bill No. 405, Changing personal care homes to assisted living residences; extending board.
     Senate Bill No. 608, Allowing continuance of summary certificate of need reviews for proposed behavioral health services.
     And,
     Senate Bill No. 646, Authorizing centers for economic development and technology advancement.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senators Sprouse and Kessler.
     The Senate then proceeded to the thirteenth order of business.
     At the respective requests of Senators Sprouse and Minear, unanimous consent being granted, it was ordered that the Journal show had Senators Sprouse and Minear been present in the chamber on Friday, February 21, 2003, they would have voted "yea" on the passage of Engrossed Committee Substitute for House Bill No. 2120.
     At the request of Senator Sprouse, and by unanimous consent, the Senate returned to the sixth order of business.
Petitions

     Senator Sprouse presented a petition from Amy Martin and nine hundred thirty-one West Virginia residents, opposing Senate Bill No. 79 (Relating to termination of governor's cabinet on children and families) and House Bill No. 2116 (Terminating the governor's cabinet on children and families and incorporating certain of its powers and the children's fund to the department of health and human resources) and encouraging the Legislature to adopt a study resolution on the best available options for children and families.
     Referred to the Committee on Government Organization.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.