Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
Executive Communications
     The Clerk then presented a communication from His Excellency, the Governor, advising that on February 25, 2003, he had approved Enr. Senate Bill No. 215 and Enr. Senate Bill No. 281.
     The Senate again proceeded 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 25th 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:
     (Com. Sub. for H. B. No. 2077), Removing the requirement that the Joint Committee on Government and Finance be given reports on the Colin Anderson closure and relocation of patients.
     (H. B. No. 2778), Continuing the West Virginia state police.
     And,
     (H. B. No. 2803), Continuing the board of barbers and cosmetologists.
                              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. 105, Increasing tax on cigarettes.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Helmick requested unanimous consent that the bill (S. B. No. 105) contained in the preceding report from the Committee on Finance be taken up for immediate consideration.
     Which consent was not granted, Senator Facemyer objecting.
     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. 173, Exempting consumers sales tax for United States flag.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 173) 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 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. 341, Creating Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 341) contained in the preceding report from the Committee on the Judiciary 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
     Eng. Com. Sub. for Senate Bill No. 383, Allowing alcohol beverage control commissioner, with approval of governor and board of public works, to sell warehouse and purchase replacement.
     And has amended same.
     Now on third reading, having been referred to the Committee on Finance on February 18, 2003;
     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. 450, Creating automated tax administration system.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 450 (originating in the Committee on Finance)--A Bill to amend chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article ten-c, relating to creation and development of an automated tax administration system and funding thereof; setting forth legislative finding; specifying short title and purpose; authorizing benefits-funded automated tax administration system purchasing program; authorizing benefits' funding of the automated tax administration system and payment of costs and compensation on the basis of a percentage of the increase in the amount of taxes, interest and penalties collected which is attributable to implementation of the automated tax administration system, as described in detail by contract or on a fixed-fee contract basis, the fees to be paid from the increase in the amount of taxes, interest and penalties collected which is attributable to implementation of the automated tax administration system, as described in detail by contract; requiring the tax commissioner to make an annual determination of increased revenue attributable to implementation of the automated tax administration system; specifying deposit of moneys and treatment of local and municipal moneys; creating automated tax administration system development fund; specifying uses of moneys in the automated tax administration system development fund and operation of automated tax administration system development fund; specifying an annual report; and specifying other contracts and purchases are not prohibited or hindered by this article.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 450) 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
     Senate Bill No. 456, Relating to construction financing for surface transportation improvements; federal grants.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 456 (originating in the Committee on Finance)--A Bill to amend and reenact sections one and two, article seventeen-a, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to construction financing for surface transportation improvements through federal grant anticipation notes.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 456) 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 Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration
     Senate Bill No. 475, Relating to rehabilitation and liquidation of insurers.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 475 (originating in the Committee on Banking and Insurance)--A Bill to repeal section twenty-seven, article ten, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal sections fifteen through forty-two, inclusive, article twenty-four of said chapter; to amend and reenact sections one, two, three, four, ten, eleven, thirteen, fourteen, eighteen, nineteen-a, twenty-six, twenty-eight, twenty-nine, thirty, thirty- six, thirty-eight and thirty-nine, article ten of said chapter; to further amend said article by adding thereto ten new sections, designated sections four-a, four-b, four-c, four-d, four-e, twenty- six-a, twenty-six-b, twenty-six-c, twenty-six-d and forty; and to amend and reenact section fourteen, article twenty-four of said chapter, all relating to the rehabilitation and liquidation of insurers subject to the regulatory authority of the West Virginia insurance commissioner; revising delinquency proceedings; clarifying what parties will be affected upon the effective date of the revisions; expanding the liquidators' powers; expediting appeals; modifying current state law relative to liquidation proceedings so as to create conformity with recent federal case law; and making numerous technical changes.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Joseph M. Minard,
                               Chair.
     At the request of Senator Minard, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 475) contained in the preceding report from the Committee on Banking and Insurance 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 Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Senate Bill No. 487, Adding to definition of "review organization" health maintenance organization review committee.
     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 the Judiciary.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 487) contained in the preceding report from the Committee on Health and Human Resources 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 the Judiciary, with amendments from the Committee on Health and Human Resources pending.
     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. 558, Establishing County Economic Opportunity Development District Act.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 558 (originating in the Committee on Finance)--A Bill to amend chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-two; to amend chapter eight of said code by adding thereto a new article, designated article thirty-eight; to amend and reenact section eleven-a, article ten, chapter eleven of said code; and to amend and reenact section nine-f, article fifteen of said chapter, all relating to tax increment financing.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 558) 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 McCabe, from the Committee on Economic Development, submitted the following report, which was received:
     Your Committee on Economic Development has had under consideration
     Senate Bill No. 605, Establishing Community Improvement Act.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Brooks F. McCabe, Jr.,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Economic Development pending.
     Senator Plymale, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration
     Senate Bill No. 607, Increasing soft drinks tax.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 607 (originating in the Committee on Education)--A Bill to amend and reenact sections one, two, four, five, five-a, seven-a, nine and ten, article nineteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating generally to the soft drinks tax; amending and adding definitions; expanding purpose of proceeds from soft drinks tax; increasing the rate of tax on soft drink products; providing for the distribution and use of the proceeds from the soft drinks tax; requiring report to the joint committee on government and finance; expanding exemptions from tax stamp or tax crown requirement; requiring indicia of tax payment to be sold at face value; eliminating provisions relating to tax refund in certain instances; amending requirements relating to report to commissioner; providing further administrative procedures for payment of tax, including penalty for failure to file a report when no tax is due; declaring certain soft drink products contraband; requiring commissioner to institute a proceeding in circuit court seeking forfeiture of seized contraband; using proceeds from sale for the costs of proceedings; authorizing a fine for altering, counterfeiting or reusing tax stamps or tax crowns; requiring a written warning for a first offense, imposing fine for a second and third offense and imposing fine and requiring suspension of a business registration certificate for selling soft drink products upon which tax has not been paid; and increasing criminal penalties for other soft drinks tax-related violations.
     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,
                               Robert H. Plymale,
                               Chair.
     At the request of Senator Plymale, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 607) contained in the preceding report from the Committee on Education 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 Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration
     Senate Bill No. 628, Requiring farm mutual fire insurance companies to file rates with insurance commissioner.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 628 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact section eight, article twenty-two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to farm mutual fire insurance companies; kinds of insurance coverage farm mutual fire insurance companies may write; requiring minimum percentages of business written in designated rating classes; and imposing a penalty for failure to comply.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Joseph M. Minard,
                               Chair.
     At the request of Senator Minard, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 628) contained in the preceding report from the Committee on Banking and Insurance 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 McCabe, from the Committee on Economic Development, submitted the following report, which was received:
     Your Committee on Economic Development has had under consideration
     Senate Bill No. 649 (originating in the Committee on Economic Development)--A Bill to amend and reenact sections four and six, article twenty-four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend article fifteen-a, chapter thirty-one of said code by adding thereto a new section, designated section seventeen-a, all relating to providing for the use of waste tire remediation funds to finance infrastructure projects relating to waste tire processing facilities which have a capital cost of not less than three hundred million dollars.
     And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Brooks F. McCabe, Jr.,
                               Chair.
     At the request of Senator McCabe, unanimous consent being granted, the bill (S. B. No. 649) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator McCabe, the bill was then referred to the Committee on Finance.
     Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Senate Bill No. 650 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article fifteen, relating to management of water resources of the state.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 650) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Senate Bill No. 651 (originating in the Committee on Health and Human Resources)--A Bill to repeal article one-c, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend chapter five-b of said code by adding thereto a new article, designated article two-c, relating to creation of the West Virginia academy of science and technology; declaring the legislative purpose; establishing the academy council; defining the qualifications and selection of members; establishing terms of members; providing that members shall not be entitled to compensation for time or labor; establishing a position of executive director of the council; defining the duties of the council and the executive director; providing for the nomination of fellows of the academy and their participation in working groups of the academy; requiring periodic reports; and providing for confidentiality of trade secrets.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 651) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Prezioso, the bill was then referred to the Committee on Government Organization.
     Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Senate Bill No. 652 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact section one, article eight, chapter twenty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section one, article eleven of said chapter, all relating to emergency hospitals; and renaming Marion health care hospital the John Manchin, Sr., health care center.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Senate Bill No. 653 (originating in the Committee on Health and Human Resources)--A Bill to amend section four, article one-b, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to powers and duties of the higher education policy commission; requiring development of a policy to standardize the curricula of state institutions of higher education offering undergraduate degree programs in nursing; and making technical corrections to delete provisions and dates for actions that have been completed.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration
     Senate Concurrent Resolution No. 6, Requesting Joint Committee on Government and Finance study traffic control on turnpike and certain highways.
     Senate Concurrent Resolution No. 9, Requesting Joint Committee on Government and Finance study establishing residential community for senior citizens.
     Senate Concurrent Resolution No. 12, Requesting Joint Committee on Government and Finance study bail bondsman.
     Senate Concurrent Resolution No. 15, Requesting Joint Committee on Government and Finance study foster care system.
     Senate Concurrent Resolution No. 19, Requesting Department of Health and Human Resources study teenage in-vehicle drinking and related drug use.
     Senate Concurrent Resolution No. 20, Requesting Joint Committee on Government and Finance study impact on tax base of local governments when private lands are converted to parks or forests.
     Com. Sub. for Senate Concurrent Resolution No. 27, Requesting Joint Committee on Government and Finance study protection of water supply.
     Senate Concurrent Resolution No. 34, Requesting Joint Committee on Government and Finance study administration of estates.
     And,
     House Concurrent Resolution No. 4, Urging President Bush to reconsider newly issued VA regulations that will change veterans' access to health care services.
     And reports the same back with the recommendation that they
each be adopted.
                              Respectfully submitted,
                               Earl Ray Tomblin,
                               Chairman ex officio.
     The Senate again proceeded to the sixth order of business.
Petitions
     Senator Fanning presented a petition from George Simons and numerous West Virginia residents, requesting the Governor and the Health Care Authority promote access to advanced cardiac care and support development of an advanced cardiovascular treatment center in southern West Virginia.
     Referred to the Committee on Health and Human Resources.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Com. Sub. for Senate Bill No. 151 (originating in the Committee on Government Organization), Relating to reorganizing executive branch of government.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Com. Sub. for Senate Bill No. 151 (originating in the Committee on Finance)--A Bill to repeal articles one-b and one-c, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections one and two, article one, chapter five-a of said code; to further amend said article by adding thereto two new sections, designated sections three-a and three-b; to amend and reenact article seven of said chapter; to amend and reenact section two, article one, chapter five-f of said code; to amend and reenact article three of said chapter; and to amend and reenact section two-a, article seven, chapter six of said code, all relating to reorganizing the executive branch of government; abolishing the position of chief technology officer in the office of the governor, the information services and communications division and the science and technology council and creating a new office of technology; consolidating the department of administration and the department of tax and revenue into a new department of finance and administration; reporting requirements; working capital fund; confidentiality requirements; creating a commission on reorganization; termination; creating a legislative oversight commission on reorganization; continuation; and salary.
     With the recommendation that the committee substitute for committee substitute do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 151) 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 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. 287, Authorizing insurance commissioner to promulgate legislative rule relating to examiners' compensation, qualifications and classification.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 287 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and boards; legislative mandate or authorization for the promulgation of certain legislative rules; 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 insurance commissioner to promulgate a legislative rule relating to unfair trade practices; authorizing the insurance commissioner to promulgate a legislative rule relating to examiners' compensation, qualifications and classification; authorizing the insurance commissioner to promulgate a legislative rule relating to licensing and conduct of agents, agencies and solicitors; authorizing the insurance commissioner to promulgate a legislative rule relating to excess line brokers; authorizing the insurance commissioner to promulgate a legislative rule relating to AIDS; authorizing the insurance commissioner to promulgate a legislative rule relating to "tail" insurance covering certain medical and allied health care providers; authorizing the insurance commissioner to promulgate a legislative rule relating to group accident and sickness insurance minimum policy coverage standards; authorizing the insurance commissioner to promulgate a legislative rule relating to continuing education for individual insurance producers; authorizing the insurance commissioner to promulgate a legislative rule relating to quality assurance; authorizing the insurance commissioner to promulgate a legislative rule relating to medical malpractice insurance consent to rate and guide "A" rate agreements; authorizing the insurance commissioner to promulgate a legislative rule relating to credit personal property insurance; authorizing the insurance commissioner to promulgate a legislative rule relating to standards for safeguarding consumer information; authorizing the insurance commissioner to promulgate a legislative rule relating to standard motor vehicle policy provisions; authorizing the insurance commissioner to promulgate a legislative rule relating to mental health parity; authorizing the tax commissioner to promulgate a legislative rule relating to payment of taxes by electronic funds transfer; and authorizing the tax commissioner to promulgate a legislative rule relating to tax credit for medical malpractice liability insurance premiums.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 287) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     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. 453, Establishing domestic violence fatality review team.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 453 (originating in the Committee on the Judiciary)--A Bill to amend chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-seven-a, relating to establishing the domestic violence fatality review team.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 453) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     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. 527, Relating to property owner's liability for costs associated with waste tires.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 527) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     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. 615, Permitting independent voters to vote for candidate of any political party.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 615 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section thirty-one, article two, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to permitting unaffiliated voters to vote for the election of a candidate of any political party in a primary election; and requiring a receiving clerk to advise unaffiliated voters of the effect of voting in primary.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.                                                               Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     Senator Kessler requested unanimous consent that the bill (Com. Sub. for S. B. No. 615) contained in the preceding report from the Committee on the Judiciary be taken up for immediate consideration.
     Which consent was not granted, Senator Sprouse objecting.
     Senator Kessler then moved that the bill (Com. Sub. for S. B. No. 615) contained in the preceding report from the Committee on the Judiciary be taken up for immediate consideration.
     Following discussion,
     Senator Fanning moved the previous question, which motion prevailed.
     The previous question having been ordered, that being on the adoption of Senator Kessler's aforestated motion, and on this question Senator Deem demanded the yeas and nays.
     To which demand, Senator Helmick objected.
     Thereafter, Senator Deems's demand for a roll call was sustained.
     The roll being taken, the yeas were: Bailey, Bowman, Chafin, Dempsey, Edgell, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Unger, White and Tomblin (Mr. President)--23.
     The nays were: Boley, Deem, Facemyer, Harrison, Minear, Smith, Sprouse and Weeks--8.
     Absent: Caldwell, Guills and McKenzie--3.
     So, a majority of those present and voting having voted in the affirmative, the President declared Senator Kessler's motion had prevailed.
     Thereafter, the bill (Com. Sub. for S. B. No. 615) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Helmick, as chair of the Committee on Finance, requested unanimous consent to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
     Which consent was not granted, Senator Sprouse objecting.
     Senator Helmick, as chair of the Committee on Finance, then moved to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
     Following discussion,
     Senator Hunter arose to a point of order that the debate had now digressed to a discussion of the merits of the bill, and not to the motion in question.
     Which point of order, the President ruled well taken.
     The question being on the adoption of Senator Helmick's aforestated motion, the same was put and prevailed.
     Whereupon, the second committee reference of Committee Substitute for Senate Bill No. 615 to the Committee on Finance was dispensed with.
     On motion of Senator Chafin, a leave of absence for the day was granted Senator Guills.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, February 26, 2003, at 11 a.m.
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